TH CONGRESS S S. 2354 · 7 •S 2354 IS 1 (3) AGUA FRIA NATIONAL MONUMENT, ARI- 2 ZONA.—The Agua...

II

115TH CONGRESS 2D SESSION S. 2354

To provide for the administration of certain national monuments, to establish

a National Monument Enhancement Fund, and to establish certain wil-

derness areas in the States of New Mexico and Nevada.

IN THE SENATE OF THE UNITED STATES

JANUARY 30, 2018

Mr. UDALL (for himself, Mr. DURBIN, Mr. BLUMENTHAL, Mr. WYDEN, Mr.

HEINRICH, Mrs. FEINSTEIN, Mr. SCHATZ, Ms. HARRIS, Ms. CORTEZ

MASTO, Ms. DUCKWORTH, Mrs. GILLIBRAND, Ms. HIRONO, Mr.

MERKLEY, Mr. CARDIN, Mr. BOOKER, Mr. VAN HOLLEN, Ms. SMITH,

Mr. BENNET, and Mr. LEAHY) introduced the following bill; which was

read twice and referred to the Committee on Energy and Natural Re-

sources

A BILL To provide for the administration of certain national monu-

ments, to establish a National Monument Enhancement

Fund, and to establish certain wilderness areas in the

States of New Mexico and Nevada.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.—This Act may be cited as the 4

‘‘America’s Natural Treasures of Immeasurable Quality 5

Unite, Inspire, and Together Improve the Economies of 6

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States Act of 2018’’ or the ‘‘ANTIQUITIES Act of 1

2018’’. 2

(b) TABLE OF CONTENTS.—The table of contents for 3

this Act is as follows: 4

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—ADMINISTRATION OF CERTAIN NATIONAL MONUMENTS

Sec. 101. Definitions.

Sec. 102. Administration of covered national monuments.

Sec. 103. Description of covered national monuments.

TITLE II—NATIONAL MONUMENT ENHANCEMENT FUND

Sec. 201. Establishment of Fund.

Sec. 202. Authorization of appropriations.

TITLE III—ESTABLISHMENT OF CERTAIN WILDERNESS AREAS IN

THE STATE OF NEW MEXICO

Sec. 301. Organ Mountains-Desert Peaks Wilderness Areas.

Sec. 302. Cerro del Yuta and Rıo San Antonio Wilderness Areas.

TITLE IV—DESIGNATION OF WILDERNESS AREAS IN CLARK

COUNTY, NEVADA

Sec. 401. Findings.

Sec. 402. Definitions.

Sec. 403. Additions to National Wilderness Preservation System.

Sec. 404. Administration.

Sec. 405. Adjacent management.

Sec. 406. Military, law enforcement, and emergency overflights.

Sec. 407. Release of wilderness study areas.

Sec. 408. Native American cultural and religious uses.

Sec. 409. Wildlife management.

Sec. 410. Wildfire, insect, and disease management.

Sec. 411. Climatological data collection.

SEC. 2. FINDINGS. 5

Congress finds that— 6

(1) as established by Federal law, a national 7

monument may only be reduced, diminished, or re-8

voked by an Act of Congress; 9


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(2) the national monuments under review under 1

Executive Order 13792 (82 Fed. Reg. 20429 (May 2

1, 2017)) have delivered economic, cultural, and eco-3

logical benefits to local communities and the United 4

States; and 5

(3) legislative actions subsequent to Presi-6

dential declarations, such as the Omnibus Public 7

Land Management Act of 2009 (Public Law 111– 8

11; 123 Stat. 991), have ratified certain national 9

monuments under review and other national monu-10

ments. 11

TITLE I—ADMINISTRATION OF 12

CERTAIN NATIONAL MONU-13

MENTS 14

SEC. 101. DEFINITIONS. 15

In this title: 16

(1) COVERED NATIONAL MONUMENT.—The 17

term ‘‘covered national monument’’ means a na-18

tional monument described in section 103. 19

(2) SECRETARY CONCERNED.—The term ‘‘Sec-20

retary concerned’’ means— 21

(A) the Secretary of the Interior, with re-22

spect to a covered national monument under 23

the joint or exclusive jurisdiction of the Na-24

tional Park Service, the Bureau of Land Man-25


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agement, or the United States Fish and Wild-1

life Service; 2

(B) the Secretary of Agriculture, with re-3


the joint or exclusive jurisdiction of the Forest 5

Service; and 6

(C) the Secretary of Commerce, with re-7


the joint or exclusive jurisdiction of the Na-9

tional Oceanic and Atmospheric Administration. 10

SEC. 102. ADMINISTRATION OF COVERED NATIONAL MONU-11

MENTS. 12

(a) IN GENERAL.—The Secretary concerned shall ad-13

minister each national monument described in section 103 14

in accordance with— 15

(1) the one or more applicable Presidential 16

proclamations specified in that section that apply to 17

the applicable covered national monument; 18

(2) any Act of Congress enacted before Decem-19

ber 4, 2017, that provides for an adjustment to the 20

boundary of, or a requirement with respect to the 21

administration of, the applicable covered national 22

monument; and 23

(3) this Act. 24

(b) MAPS AND LEGAL DESCRIPTIONS.— 25


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(1) IN GENERAL.—As soon as practicable after 1

the date of enactment of this Act, the Secretary con-2

cerned shall— 3

(A) conduct a survey of the boundaries of 4

each covered national monument; and 5

(B) file a map and legal description of 6

each covered national monument with— 7

(i) the Committee on Energy and 8

Natural Resources of the Senate; and 9

(ii) the Committee on Natural Re-10

sources of the House of Representatives. 11

(2) FORCE OF LAW.—The maps and legal de-12

scriptions filed under paragraph (1)(B) shall have 13

the same force and effect as if included in this Act, 14

except that the Secretary concerned may correct er-15

rors in the legal descriptions and maps. 16

(3) PUBLIC AVAILABILITY.—The maps and 17

legal descriptions filed under paragraph (1)(B) shall 18

be on file and available for public inspection in the 19

appropriate offices of the Secretary concerned. 20

(c) MANAGEMENT PLAN.—If a management plan has 21

not been prepared for a covered national monument as of 22

the date of enactment of this Act, not later than 2 years 23

after the date of enactment of this Act, the Secretary con-24


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cerned shall prepare a management plan for the covered 1

national monument, in accordance with— 2

(1) the one or more Presidential proclamations 3

specified in section 103 that apply to the applicable 4

covered national monument; and 5

(2) any other applicable Federal law (including 6

regulations). 7

(d) FUNDING.—A covered national monument shall 8

be eligible to receive funds from the National Monument 9

Enhancement Fund established by section 201(a). 10

SEC. 103. DESCRIPTION OF COVERED NATIONAL MONU-11

MENTS. 12

The following are the national monuments referred 13

to in section 102(a): 14

(1) BIRMINGHAM CIVIL RIGHTS NATIONAL 15

MONUMENT, ALABAMA.—The Birmingham Civil 16

Rights National Monument established in the State 17

of Alabama by Presidential Proclamation 9565, as 18

issued on January 12, 2017 (54 U.S.C. 320301 19

note). 20

(2) FREEDOM RIDERS NATIONAL MONUMENT, 21

ALABAMA.—The Freedom Riders National Monu-22

ment established in the State of Alabama by Presi-23

dential Proclamation 9566, as issued on January 12, 24

2017 (54 U.S.C. 320301 note). 25


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(3) AGUA FRIA NATIONAL MONUMENT, ARI-1

ZONA.—The Agua Fria National Monument estab-2

lished in the State of Arizona by Presidential Procla-3

mation 7263, as issued on January 11, 2000 (54 4

U.S.C. 320301 note). 5

(4) GRAND CANYON–PARASHANT NATIONAL 6

MONUMENT, ARIZONA.—The Grand Canyon– 7

Parashant National Monument established in the 8

State of Arizona by Presidential Proclamation 7265, 9

as issued on January 11, 2000 (54 U.S.C. 320301 10

note). 11

(5) IRONWOOD FOREST NATIONAL MONUMENT, 12

ARIZONA.—The Ironwood Forest National Monu-13

ment established in the State of Arizona by Presi-14

dential Proclamation 7320, as issued on June 9, 15

2000 (54 U.S.C. 320301 note). 16

(6) SONORAN DESERT NATIONAL MONUMENT, 17

ARIZONA.—The Sonoran Desert National Monument 18

established in the State of Arizona by Presidential 19

Proclamation 7397, as issued on January 17, 2001 20

(54 U.S.C. 320301 note). 21

(7) VERMILION CLIFFS NATIONAL MONUMENT, 22

ARIZONA.—The Vermilion Cliffs National Monument 23

established in the State of Arizona by Presidential 24


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Proclamation 7374, as issued on November 9, 2000 1

(54 U.S.C. 320301 note). 2

(8) BERRYESSA SNOW MOUNTAIN NATIONAL 3

MONUMENT, CALIFORNIA.—The Berryessa Snow 4

Mountain National Monument established in the 5

State of California by Presidential Proclamation 6

9298, as issued on July 10, 2015 (54 U.S.C. 7

320301 note). 8

(9) CALIFORNIA COASTAL NATIONAL MONU-9

MENT, CALIFORNIA.—The California Coastal Na-10

tional Monument established in the State of Cali-11

fornia by Presidential Proclamation 7264, as issued 12

on January 11, 2000 (54 U.S.C. 320301 note), 13

Presidential Proclamation 9089, as issued on March 14

11, 2014 (54 U.S.C. 320301 note), and Presidential 15

Proclamation 9563, as issued on January 12, 2017 16

(54 U.S.C. 320301 note). 17

(10) CARRIZO PLAIN NATIONAL MONUMENT, 18

CALIFORNIA.—The Carrizo Plain National Monu-19

ment established in the State of California by Presi-20


2001 (54 U.S.C. 320301 note). 22

(11) CASTLE MOUNTAINS NATIONAL MONU-23

MENT, CALIFORNIA.—The Castle Mountains Na-24

tional Monument established in the State of Cali-25


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fornia by Presidential Proclamation 9394, as issued 1

on February 12, 2016 (54 U.S.C. 320301 note). 2

(12) CESAR E. CHAVEZ NATIONAL MONUMENT, 3

CALIFORNIA.—The Cesar E. Chavez National Monu-4


dential Proclamation 8884, as issued on October 8, 6

2012 (54 U.S.C. 320301 note). 7

(13) FORT ORD NATIONAL MONUMENT, CALI-8

FORNIA.—The Fort Ord National Monument estab-9

lished in the State of California by Presidential 10

Proclamation 8803, as issued on April 20, 2012 (54 11

U.S.C. 320301 note). 12

(14) GIANT SEQUOIA NATIONAL MONUMENT, 13

CALIFORNIA.—The Giant Sequoia National Monu-14


dential Proclamation 7295, as issued on April 15, 16

2000 (54 U.S.C. 320301 note). 17

(15) MOJAVE TRAILS NATIONAL MONUMENT, 18

CALIFORNIA.—The Mojave Trails National Monu-19


dential Proclamation 9395, as issued on February 21

12, 2016 (54 U.S.C. 320301 note). 22

(16) SAN GABRIEL MOUNTAINS NATIONAL 23

MONUMENT, CALIFORNIA.—The San Gabriel Moun-24

tains National Monument established in the State of 25


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California by Presidential Proclamation 9194, as 1

issued on October 10, 2014 (54 U.S.C. 320301 2

note). 3

(17) SAND TO SNOW NATIONAL MONUMENT, 4

CALIFORNIA.—The Sand to Snow National Monu-5



12, 2016 (54 U.S.C. 320301 note). 8

(18) BROWNS CANYON NATIONAL MONUMENT, 9

COLORADO.—The Browns Canyon National Monu-10

ment established in the State of Colorado by Presi-11


19, 2015 (54 U.S.C. 320301 note). 13

(19) CANYONS OF THE ANCIENTS NATIONAL 14

MONUMENT, COLORADO.—The Canyons of the An-15

cients National Monument established in the State 16

of Colorado by Presidential Proclamation 7317, as 17

issued on June 9, 2000 (54 U.S.C. 320301 note). 18

(20) CHIMNEY ROCK NATIONAL MONUMENT, 19

COLORADO.—The Chimney Rock National Monu-20

ment established in the State of Colorado by Presi-21

dential Proclamation 8868, as issued on September 22

21, 2012 (54 U.S.C. 320301 note). 23

(21) BELMONT-PAUL WOMEN’S EQUALITY NA-24

TIONAL MONUMENT, WASHINGTON, DC.—The Bel-25


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mont-Paul Women’s Equality National Monument 1

established in Washington, DC, by Presidential 2

Proclamation 9423, as issued on April 12, 2016 (54 3

U.S.C. 320301 note). 4

(22) PRESIDENT LINCOLN AND SOLDIERS’ 5

HOME NATIONAL MONUMENT, WASHINGTON, DC.— 6

The President Lincoln and Soldiers’ Home National 7

Monument established in Washington, DC, by Presi-8

dential Proclamation 7329, as issued on July 7, 9

2000 (54 U.S.C. 320301 note). 10

(23) HONOULIULI NATIONAL MONUMENT, HA-11

WAII.—The Honouliuli National Monument estab-12

lished in the State of Hawaii by Presidential Procla-13

mation 9234, as issued on February 24, 2015 (54 14

U.S.C. 320301 note). 15

(24) PULLMAN NATIONAL MONUMENT, ILLI-16

NOIS.—The Pullman National Monument established 17

in the State of Illinois by Presidential Proclamation 18

9233, as issued on February 19, 2015 (54 U.S.C. 19

320301 note). 20

(25) KATAHDIN WOODS AND WATERS NATIONAL 21

MONUMENT, MAINE.—The Katahdin Woods and 22

Waters National Monument established in the State 23

of Maine by Presidential Proclamation 9476, as 24


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issued on August 24, 2016 (54 U.S.C. 320301 1

note). 2

(26) POMPEYS PILLAR NATIONAL MONUMENT, 3

MONTANA.—The Pompeys Pillar National Monu-4

ment established in the State of Montana by Presi-5


2001 (54 U.S.C. 320301 note). 7

(27) UPPER MISSOURI RIVER BREAKS NA-8

TIONAL MONUMENT, MONTANA.—The Upper Mis-9

souri River Breaks National Monument established 10

in the State of Montana by Presidential Proclama-11

tion 7398, as issued on January 17, 2001 (54 12

U.S.C. 320301 note). 13

(28) BASIN AND RANGE NATIONAL MONUMENT, 14

NEVADA.—The Basin and Range National Monu-15

ment established in the State of Nevada by Presi-16

dential Proclamation 9297, as issued on July 10, 17

2015 (54 U.S.C. 320301 note). 18

(29) GOLD BUTTE NATIONAL MONUMENT, NE-19

VADA.—The Gold Butte National Monument estab-20

lished in the State of Nevada by Presidential Procla-21

mation 9559, as issued on December 28, 2016 (54 22

U.S.C. 320301 note). 23

(30) KASHA-KATUWE TENT ROCKS NATIONAL 24

MONUMENT, NEW MEXICO.—The Kasha-Katuwe 25


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Tent Rocks National Monument established in the 1

State of New Mexico by Presidential Proclamation 2

7394, as issued on January 17, 2001 (54 U.S.C. 3

320301 note). 4

(31) ORGAN MOUNTAINS–DESERT PEAKS NA-5

TIONAL MONUMENT, NEW MEXICO.—The Organ 6

Mountains–Desert Peaks National Monument estab-7

lished in the State of New Mexico by the Presi-8

dential Proclamation 9131, as issued on May 21, 9

2014 (54 U.S.C. 320301 note). 10

(32) RIO GRANDE DEL NORTE NATIONAL 11

MONUMENT, NEW MEXICO.—The Rıo Grande del 12

Norte National Monument established in the State 13

of New Mexico by Presidential Proclamation 8946, 14

as issued on March 25, 2013 (54 U.S.C. 320301 15

note). 16

(33) AFRICAN BURIAL GROUND NATIONAL 17

MONUMENT, NEW YORK.—The African Burial 18

Ground National Monument established in the State 19

of New York by Presidential Proclamation 7984, as 20

issued on February 27, 2006 (54 U.S.C. 320301 21

note). 22

(34) GOVERNORS ISLAND NATIONAL MONU-23

MENT, NEW YORK.—The Governors Island National 24

Monument established in the State of New York by 25


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Presidential Proclamation 7647, as issued on Feb-1

ruary 7, 2003 (54 U.S.C. 320301 note). 2

(35) STONEWALL NATIONAL MONUMENT, NEW 3

YORK.—The Stonewall National Monument estab-4

lished in the State of New York by Presidential 5

Proclamation 9465, as issued on June 24, 2016 (54 6

U.S.C. 320301 note). 7

(36) CHARLES YOUNG BUFFALO SOLDIERS NA-8

TIONAL MONUMENT, OHIO.—The Charles Young 9

Buffalo Soldiers National Monument established in 10

the State of Ohio by Presidential Proclamation 11

8945, as issued on March 25, 2013 (54 U.S.C. 12

320301 note). 13

(37) CASCADE-SISKIYOU NATIONAL MONUMENT, 14

OREGON AND CALIFORNIA.—The Cascade-Siskiyou 15

National Monument established in the States of Or-16

egon and California by Presidential Proclamation 17

7318, as issued on June 9, 2000 (54 U.S.C. 320301 18

note), and Presidential Proclamation 9564, as issued 19

on January 12, 2017 (54 U.S.C. 320301 note). 20

(38) RECONSTRUCTION ERA NATIONAL MONU-21

MENT, SOUTH CAROLINA.—The Reconstruction Era 22

National Monument established in the State of 23

South Carolina by Presidential Proclamation 9567, 24


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as issued on January 12, 2017 (54 U.S.C. 320301 1

note). 2

(39) WACO MAMMOTH NATIONAL MONUMENT, 3

TEXAS.—The Waco Mammoth National Monument 4

established in the State of Texas by Presidential 5

Proclamation 9299, as issued on July 10, 2015 (54 6

U.S.C. 320301 note). 7

(40) BEARS EARS NATIONAL MONUMENT, 8

UTAH.—The Bears Ears National Monument estab-9

lished in the State of Utah by Presidential Procla-10

mation 9558, as issued on December 28, 2016 (54 11

U.S.C. 320301 note), except that the boundaries of 12

the Bears Ears National Monument shall be modi-13

fied to encompass the approximately 1,931,997 acres 14

of Federal land generally depicted on the map on 15

page 6 of the proposal entitled ‘‘Proposal to Presi-16

dent Barack Obama for the Creation of Bears Ears 17

National Monument’’, prepared by the Bears Ears 18

Inter-Tribal Coalition, and dated October 15, 2015. 19

(41) GRAND STAIRCASE–ESCALANTE NATIONAL 20

MONUMENT, UTAH.—The Grand Staircase– 21

Escalante National Monument established in the 22

State of Utah by Presidential Proclamation 6920, as 23

issued on September 18, 1996 (54 U.S.C. 320301 24

note). 25


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(42) FORT MONROE NATIONAL MONUMENT, 1

VIRGINIA.—The Fort Monroe National Monument 2

established in the State of Virginia by Presidential 3

Proclamation 8750, as issued on November 1, 2011 4

(54 U.S.C. 320301 note). 5

(43) HANFORD REACH NATIONAL MONUMENT, 6

WASHINGTON.—The Hanford Reach National Monu-7

ment established in the State of Washington by 8

Presidential Proclamation 7319, as issued on June 9

9, 2000 (54 U.S.C. 320301 note). 10

(44) SAN JUAN ISLANDS NATIONAL MONUMENT, 11

WASHINGTON.—The San Juan Islands National 12

Monument established in the State of Washington 13

by Presidential Proclamation 8947, as issued on 14

March 25, 2013 (54 U.S.C. 320301 note). 15

(45) VIRGIN ISLANDS CORAL REEF NATIONAL 16

MONUMENT, UNITED STATES VIRGIN ISLANDS.—The 17

Virgin Islands Coral Reef National Monument estab-18

lished in the United States Virgin Islands by Presi-19


2001 (54 U.S.C. 320301 note). 21

(46) NORTHEAST CANYONS AND SEAMOUNTS 22

MARINE NATIONAL MONUMENT, ATLANTIC OCEAN.— 23

The Northeast Canyons and Seamounts Marine Na-24

tional Monument established in the Atlantic Ocean 25


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by Presidential Proclamation 9496, as issued on 1

September 15, 2016 (54 U.S.C. 320301 note). 2

(47) PACIFIC REMOTE ISLANDS MARINE NA-3

TIONAL MONUMENT, PACIFIC OCEAN.—The Pacific 4

Remote Islands Marine National Monument estab-5

lished in the Pacific Ocean by Presidential Procla-6

mation 8336, as issued on January 6, 2009 (54 7

U.S.C. 320301 note), and by Presidential Proclama-8

tion 9173, as issued on September 25, 2014 (54 9

U.S.C. 320301 note). 10

(48) ROSE ATOLL MARINE NATIONAL MONU-11

MENT, AMERICAN SAMOA.—The Rose Atoll Marine 12

National Monument established in American Samoa 13

and the Pacific Ocean by Presidential Proclamation 14

8337, as issued on January 6, 2009 (54 U.S.C. 15

320301 note). 16

(49) MARIANAS TRENCH NATIONAL MONUMENT, 17

COMMONWEALTH OF THE NORTHERN MARIANA IS-18

LANDS.—The Marianas Trench Marine National 19

Monument established in the Commonwealth of the 20

Northern Mariana Islands and the Pacific Ocean by 21

Presidential Proclamation 8335, as issued on Janu-22

ary 6, 2009 (54 U.S.C. 320301 note). 23

(50) PAPAHANAUMOKUAKEA MARINE NATIONAL 24

MONUMENT, HAWAII.—The Papahanaumokuakea 25


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Marine National Monument established in the State 1

of Hawaii and the Pacific Ocean by Presidential 2

Proclamation 8031, as issued on June 15, 2006 (54 3

U.S.C. 320301 note), and Presidential Proclamation 4

9478, as issued on August 25, 2016 (54 U.S.C. 5

320301 note). 6

(51) WORLD WAR II VALOR IN THE PACIFIC NA-7

TIONAL MONUMENT, ALASKA, CALIFORNIA, AND HA-8

WAII.—The World War II Valor in the Pacific Na-9

tional Monument established in the States of Alaska, 10

California, and Hawaii by Presidential Proclamation 11

8327, as issued on December 5, 2008 (54 U.S.C. 12

320301 note). 13

TITLE II—NATIONAL MONUMENT 14

ENHANCEMENT FUND 15

SEC. 201. ESTABLISHMENT OF FUND. 16

(a) ESTABLISHMENT.—There is established in the 17

Treasury a fund, to be known as the ‘‘National Monument 18

Enhancement Fund’’ (referred to in this title as the 19

‘‘Fund’’), consisting of such amounts as are appropriated 20

to the Fund under section 202. 21

(b) PURPOSES.—The purposes of the Fund are— 22

(1) to provide funds to the Bureau of Land 23

Management, the Forest Service, the National Park 24

Service, the United States Fish and Wildlife Service, 25


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and the National Oceanographic and Atmospheric 1

Administration for the development of management 2

plans for national monuments designated under sec-3

tion 320301 of title 54, United States Code; 4

(2) to provide funds for the Federal acquisition 5

and development of certain land and other areas; 6

and 7

(3) to provide funds to develop and enhance the 8

recreational infrastructure on land designated as a 9

national monument under section 320301 of title 54, 10

United States Code. 11

SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 12

There is authorized to be appropriated to the Fund 13

$100,000,000 for fiscal year 2018 and each fiscal year 14

thereafter, to remain available until expended. 15

TITLE III—ESTABLISHMENT OF 16

CERTAIN WILDERNESS AREAS 17

IN THE STATE OF NEW MEX-18

ICO 19

SEC. 301. ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS 20

AREAS. 21

(a) DEFINITIONS.—In this section: 22

(1) MONUMENT.—The term ‘‘Monument’’ 23

means the Organ Mountains-Desert Peaks National 24

Monument. 25


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(2) SECRETARY.—The term ‘‘Secretary’’ means 1

the Secretary of the Interior. 2

(3) STATE.—The term ‘‘State’’ means the State 3

of New Mexico. 4

(4) WILDERNESS AREA.—The term ‘‘wilderness 5

area’’ means a wilderness area designated by sub-6

section (b)(1). 7

(b) DESIGNATION OF WILDERNESS AREAS.— 8

(1) IN GENERAL.—In accordance with the Wil-9

derness Act (16 U.S.C. 1131 et seq.), the following 10

areas in the State are designated as wilderness and 11

as components of the National Wilderness Preserva-12

tion System: 13

(A) ADEN LAVA FLOW WILDERNESS.—Cer-14

tain land administered by the Bureau of Land 15

Management in Dona Ana County comprising 16

approximately 27,673 acres, as generally de-17

picted on the map entitled ‘‘Potrillo Mountains 18

Complex’’ and dated April 18, 2016, which 19

shall be known as the ‘‘Aden Lava Flow Wilder-20

ness’’. 21

(B) BROAD CANYON WILDERNESS.—Cer-22


Management in Dona Ana County comprising 24

approximately 13,902 acres, as generally de-25


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picted on the map entitled ‘‘Desert Peaks Com-1

plex’’ and dated April 13, 2016, which shall be 2

known as the ‘‘Broad Canyon Wilderness’’. 3

(C) CINDER CONE WILDERNESS.—Certain 4

land administered by the Bureau of Land Man-5

agement in Dona Ana County comprising ap-6

proximately 16,935 acres, as generally depicted 7

on the map entitled ‘‘Potrillo Mountains Com-8

plex’’ and dated April 18, 2016, which shall be 9

known as the ‘‘Cinder Cone Wilderness’’. 10

(D) ORGAN MOUNTAINS WILDERNESS.— 11

Certain land administered by the Bureau of 12

Land Management in Dona Ana County com-13

prising approximately 19,916 acres, as gen-14

erally depicted on the map entitled ‘‘Organ 15

Mountains Area’’ and dated September 21, 16

2016, which shall be known as the ‘‘Organ 17

Mountains Wilderness’’, the boundary of which 18

shall be offset 400 feet from the centerline of 19

Dripping Springs Road in T. 23 S., R. 04 E., 20

sec. 7, New Mexico Principal Meridian. 21

(E) POTRILLO MOUNTAINS WILDER-22

NESS.—Certain land administered by the Bu-23

reau of Land Management in Dona Ana and 24

Luna counties comprising approximately 25


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•S 2354 IS

125,854 acres, as generally depicted on the map 1

entitled ‘‘Potrillo Mountains Complex’’ and 2

dated April 18, 2016, which shall be known as 3

the ‘‘Potrillo Mountains Wilderness’’. 4

(F) ROBLEDO MOUNTAINS WILDERNESS.— 5




erally depicted on the map entitled ‘‘Desert 9

Peaks Complex’’ and dated April 13, 2016, 10

which shall be known as the ‘‘Robledo Moun-11

tains Wilderness’’. 12

(G) SIERRA DE LAS UVAS WILDERNESS.— 13




erally depicted on the map entitled ‘‘Desert 17


which shall be known as the ‘‘Sierra de las 19

Uvas Wilderness’’. 20

(H) WHITETHORN WILDERNESS.—Certain 21

land administered by the Bureau of Land Man-22

agement in Dona Ana and Luna counties com-23

prising approximately 9,616 acres, as generally 24

depicted on the map entitled ‘‘Potrillo Moun-25


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•S 2354 IS

tains Complex’’ and dated April 18, 2016, 1

which shall be known as the ‘‘Whitethorn Wil-2

derness’’. 3

(2) MAPS AND LEGAL DESCRIPTIONS.— 4

(A) IN GENERAL.—As soon as practicable 5

after the date of enactment of this Act, the Sec-6

retary shall file maps and legal descriptions of 7

the wilderness areas with— 8





(B) FORCE OF LAW.—The maps and legal 13

descriptions filed under subparagraph (A) shall 14

have the same force and effect as if included in 15

this Act, except that the Secretary may correct 16

errors in the maps and legal descriptions. 17

(C) PUBLIC AVAILABILITY.—The maps 18

and legal descriptions filed under subparagraph 19

(A) shall be on file and available for public in-20

spection in the appropriate offices of the Bu-21

reau of Land Management. 22

(3) MANAGEMENT.—Subject to valid existing 23

rights, the wilderness areas shall be administered by 24

the Secretary— 25


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•S 2354 IS

(A) as components of the National Land-1

scape Conservation System; and 2

(B) in accordance with— 3

(i) this section; and 4

(ii) the Wilderness Act (16 U.S.C. 5

1131 et seq.), except that— 6

(I) any reference in the Wilder-7

ness Act to the effective date of that 8

Act shall be considered to be a ref-9

erence to the date of enactment of 10

this Act; and 11

(II) any reference in the Wilder-12

ness Act to the Secretary of Agri-13

culture shall be considered to be a ref-14

erence to the Secretary. 15

(4) INCORPORATION OF ACQUIRED LAND AND 16

INTERESTS IN LAND.—Any land or interest in land 17

that is within the boundary of a wilderness area that 18

is acquired by the United States shall— 19

(A) become part of the wilderness area 20

within the boundaries of which the land is lo-21

cated; and 22

(B) be managed in accordance with— 23

(i) the Wilderness Act (16 U.S.C. 24

1131 et seq.); 25


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•S 2354 IS

(ii) this section; and 1

(iii) any other applicable laws. 2

(5) GRAZING.—Grazing of livestock in the wil-3

derness areas, where established before the date of 4

enactment of this Act, shall be administered in ac-5

cordance with— 6

(A) section 4(d)(4) of the Wilderness Act 7

(16 U.S.C. 1133(d)(4)); and 8

(B) the guidelines set forth in Appendix A 9

of the Report of the Committee on Interior and 10

Insular Affairs to accompany H.R. 2570 of the 11

101st Congress (H. Rept. 101–405). 12

(6) MILITARY OVERFLIGHTS.—Nothing in this 13

subsection restricts or precludes— 14

(A) low-level overflights of military aircraft 15

over the wilderness areas, including military 16

overflights that can be seen or heard within the 17

wilderness areas; 18

(B) the designation of new units of special 19

airspace over the wilderness areas; or 20

(C) the use or establishment of military 21

flight training routes over the wilderness areas. 22

(7) BUFFER ZONES.— 23


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(A) IN GENERAL.—Nothing in this sub-1

section creates a protective perimeter or buffer 2

zone around any wilderness area. 3

(B) ACTIVITIES OUTSIDE WILDERNESS 4

AREAS.—The fact that an activity or use on 5

land outside any wilderness area can be seen or 6

heard within the wilderness area shall not pre-7

clude the activity or use outside the boundary 8

of the wilderness area. 9

(8) PARAGLIDING.—The use of paragliding 10

within areas of the Potrillo Mountains Wilderness 11

designated by paragraph (1)(E) in which the use has 12

been established before the date of enactment of this 13

Act, shall be allowed to continue in accordance with 14

section 4(d)(1) of the Wilderness Act (16 U.S.C. 15

1133(d)(1)), subject to any terms and conditions 16

that the Secretary determines to be necessary. 17

(9) CLIMATOLOGIC DATA COLLECTION.—Sub-18

ject to such terms and conditions as the Secretary 19

may prescribe, nothing in this section precludes the 20

installation and maintenance of hydrologic, meteoro-21

logic, or climatologic collection devices in wilderness 22

areas if the facilities and access to the facilities are 23

essential to flood warning, flood control, or water 24

reservoir operation activities. 25


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(10) FISH AND WILDLIFE.—Nothing in this 1

section affects the jurisdiction of the State with re-2

spect to fish and wildlife located on public land in 3

the State, except that the Secretary, after consulta-4

tion with the New Mexico Department of Game and 5

Fish, may designate zones where, and establish peri-6

ods during which, no hunting or fishing shall be per-7

mitted for reasons of public safety, administration, 8

or compliance with applicable law. 9

(11) WITHDRAWALS.— 10

(A) IN GENERAL.—Subject to valid exist-11

ing rights, the Federal land within the wilder-12

ness areas and any land or interest in land that 13

is acquired by the United States in the wilder-14

ness areas after the date of enactment of this 15

Act is withdrawn from— 16

(i) entry, appropriation, or disposal 17

under the public land laws; 18

(ii) location, entry, and patent under 19

the mining laws; and 20

(iii) operation of the mineral leasing, 21

mineral materials, and geothermal leasing 22

laws. 23

(B) PARCEL B.—The approximately 6,498 24

acres of land generally depicted as ‘‘Parcel B’’ 25


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on the map entitled ‘‘Organ Mountains Area’’ 1

and dated September 21, 2016, is withdrawn in 2

accordance with subparagraph (A), except that 3

the land is not withdrawn for purposes of the 4

issuance of oil and gas pipeline rights-of-way. 5

(C) PARCEL C.—The approximately 1,297 6

acres of land generally depicted as ‘‘Parcel C’’ 7

on the map entitled ‘‘Organ Mountains Area’’ 8

and dated September 21, 2016, is withdrawn in 9

accordance with subparagraph (A), except that 10

the land is not withdrawn from disposal under 11

the Act of June 14, 1926 (commonly known as 12

the ‘‘Recreation and Public Purposes Act’’) (43 13

U.S.C. 869 et seq.). 14

(D) PARCEL D.— 15

(i) IN GENERAL.—The Secretary of 16

the Army shall allow for the conduct of 17

certain recreational activities on the ap-18

proximately 2,035 acres of land generally 19

depicted as ‘‘Parcel D’’ on the map enti-20

tled ‘‘Organ Mountains Area’’ and dated 21

September 21, 2016 (referred to in this 22

subparagraph as the ‘‘parcel’’), which is a 23

portion of the public land withdrawn and 24

reserved for military purposes by Public 25


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•S 2354 IS

Land Order 833 dated May 21, 1952 (17 1

Fed. Reg. 4822). 2

(ii) OUTDOOR RECREATION PLAN.— 3

(I) IN GENERAL.—The Secretary 4

of the Army shall develop a plan for 5

public outdoor recreation on the par-6

cel that is consistent with the primary 7

military mission of the parcel. 8

(II) REQUIREMENT.—In devel-9

oping the plan under subclause (I), 10

the Secretary of the Army shall en-11

sure, to the maximum extent prac-12

ticable, that outdoor recreation activi-13

ties may be conducted on the parcel, 14

including: hunting, hiking, wildlife 15

viewing, and camping. 16

(iii) CLOSURES.—The Secretary of the 17

Army may close the parcel or any portion 18

of the parcel to the public as the Secretary 19

of the Army determines to be necessary to 20

protect— 21

(I) public safety; or 22

(II) the safety of the military 23

members training on the parcel. 24


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•S 2354 IS

(iv) TRANSFER OF ADMINISTRATIVE 1

JURISDICTION; WITHDRAWAL.— 2

(I) IN GENERAL.—On a deter-3

mination by the Secretary of the 4

Army that military training capabili-5

ties, personnel safety, and installation 6

security would not be hindered as a 7

result of the transfer to the Secretary 8

of administrative jurisdiction over the 9

parcel, the Secretary of the Army 10

shall transfer to the Secretary admin-11

istrative jurisdiction over the parcel. 12

(II) WITHDRAWAL.—On transfer 13

of the parcel under subclause (I), the 14

parcel shall be— 15

(aa) under the jurisdiction 16

of the Director of the Bureau of 17

Land Management; and 18

(bb) withdrawn from— 19

(AA) entry, appropria-20

tion, or disposal under the 21

public land laws; 22

(BB) location, entry, 23

and patent under the mining 24

laws; and 25


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•S 2354 IS

(CC) operation of the 1

mineral leasing, mineral ma-2

terials, and geothermal leas-3

ing laws. 4

(III) RESERVATION.—On trans-5

fer under subclause (I), the parcel 6

shall be reserved for management of 7

the resources of, and military training 8

conducted on, the parcel in accord-9

ance with a memorandum of under-10

standing entered into under clause 11

(v). 12

(v) MEMORANDUM OF UNDER-13

STANDING RELATING TO MILITARY TRAIN-14

ING.— 15

(I) IN GENERAL.—If, after the 16

transfer of the parcel under clause 17

(iv)(I), the Secretary of the Army re-18

quests that the Secretary enter into a 19

memorandum of understanding, the 20

Secretary shall enter into a memo-21

randum of understanding with the 22

Secretary of the Army providing for 23

the conduct of military training on the 24

parcel. 25


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(II) REQUIREMENTS.—The mem-1

orandum of understanding entered 2

into under subclause (I) shall— 3

(aa) address the location, 4

frequency, and type of training 5

activities to be conducted on the 6

parcel; 7

(bb) provide to the Secretary 8

of the Army access to the parcel 9

for the conduct of military train-10

ing; 11

(cc) authorize the Secretary 12

or the Secretary of the Army to 13

close the parcel or a portion of 14

the parcel to the public as the 15

Secretary or the Secretary of the 16

Army determines to be necessary 17

to protect— 18

(AA) public safety; or 19

(BB) the safety of the 20

military members training; 21

and 22

(dd) to the maximum extent 23

practicable, provide for the pro-24

tection of natural, historic, and 25


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•S 2354 IS

cultural resources in the area of 1

the parcel. 2

(vi) MILITARY OVERFLIGHTS.—Noth-3

ing in this subparagraph restricts or pre-4

cludes— 5

(I) low-level overflights of mili-6

tary aircraft over the parcel, including 7

military overflights that can be seen 8

or heard within the parcel; 9

(II) the designation of new units 10

of special airspace over the parcel; or 11

(III) the use or establishment of 12

military flight training routes over the 13

parcel. 14

(12) POTENTIAL WILDERNESS AREA.— 15

(A) ROBLEDO MOUNTAINS POTENTIAL 16

WILDERNESS AREA.— 17

(i) IN GENERAL.—Certain land ad-18

ministered by the Bureau of Land Man-19

agement, comprising approximately 100 20

acres as generally depicted as ‘‘Potential 21

Wilderness’’ on the map entitled ‘‘Desert 22


is designated as a potential wilderness 24

area. 25


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•S 2354 IS

(ii) USES.—The Secretary shall per-1

mit only such uses on the land described in 2

clause (i) that were permitted on the date 3

of enactment of this Act. 4

(iii) DESIGNATION AS WILDERNESS.— 5

(I) IN GENERAL.—On the date 6

on which the Secretary publishes in 7

the Federal Register the notice de-8

scribed in subclause (II), the potential 9

wilderness area designated under 10

clause (i) shall be— 11

(aa) designated as wilder-12

ness and as a component of the 13

National Wilderness Preservation 14

System; and 15

(bb) incorporated into the 16

Robledo Mountains Wilderness 17

designated by paragraph (1)(F). 18

(II) NOTICE.—The notice re-19

ferred to in subclause (I) is notice 20

that— 21

(aa) the communications site 22

within the potential wilderness 23

area designated under clause (i) 24

is no longer used; 25


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•S 2354 IS

(bb) the associated right-of- 1

way is relinquished or not re-2

newed; and 3

(cc) the conditions in the po-4

tential wilderness area designated 5

by clause (i) are compatible with 6

the Wilderness Act (16 U.S.C. 7

1131 et seq.). 8

(13) RELEASE OF WILDERNESS STUDY 9

AREAS.—Congress finds that, for purposes of section 10

603(c) of the Federal Land Policy and Management 11

Act of 1976 (43 U.S.C. 1782(c)), the public land in 12

Dona Ana County administered by the Bureau of 13

Land Management not designated as wilderness by 14

paragraph (1)— 15

(A) has been adequately studied for wilder-16

ness designation; 17

(B) is no longer subject to section 603(c) 18

of the Federal Land Policy and Management 19

Act of 1976 (43 U.S.C. 1782(c)); and 20

(C) shall be managed in accordance with— 21

(i) the Federal Land Policy and Man-22

agement Act of 1976 (43 U.S.C. 1701 et 23

seq.); 24

(ii) title I; and 25


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•S 2354 IS


(c) BORDER SECURITY.— 2

(1) IN GENERAL.—Nothing in this section— 3

(A) prevents the Secretary of Homeland 4

Security from undertaking law enforcement and 5

border security activities, in accordance with 6

section 4(c) of the Wilderness Act (16 U.S.C. 7

1133(c)), within the wilderness areas, including 8

the ability to use motorized access within a wil-9

derness area while in pursuit of a suspect; 10

(B) affects the 2006 Memorandum of Un-11

derstanding among the Department of Home-12

land Security, the Department of the Interior, 13

and the Department of Agriculture regarding 14

cooperative national security and counterter-15

rorism efforts on Federal land along the bor-16

ders of the United States; or 17

(C) prevents the Secretary of Homeland 18

Security from conducting any low-level over-19

flights over the wilderness areas that may be 20

necessary for law enforcement and border secu-21

rity purposes. 22

(2) WITHDRAWAL AND ADMINISTRATION OF 23

CERTAIN AREA.— 24


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•S 2354 IS

(A) WITHDRAWAL.—The area identified as 1

‘‘Parcel A’’ on the map entitled ‘‘Potrillo Moun-2

tains Complex’’ and dated April 18, 2016, is 3

withdrawn in accordance with subsection 4

(b)(11)(A). 5

(B) ADMINISTRATION.—Except as pro-6

vided in subparagraphs (C) and (D), the Sec-7

retary shall administer the area described in 8

subparagraph (A) in a manner that, to the 9

maximum extent practicable, protects the wil-10

derness character of the area. 11

(C) USE OF MOTOR VEHICLES.—The use 12

of motor vehicles, motorized equipment, and 13

mechanical transport shall be prohibited in the 14

area described in subparagraph (A) except as 15

necessary for— 16

(i) the administration of the area (in-17

cluding the conduct of law enforcement 18

and border security activities in the area); 19

or 20

(ii) grazing uses by authorized permit-21

tees. 22

(D) EFFECT OF SUBSECTION.—Nothing in 23

this paragraph precludes the Secretary from al-24

lowing within the area described in subpara-25


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•S 2354 IS

graph (A) the installation and maintenance of 1

communication or surveillance infrastructure 2

necessary for law enforcement or border secu-3

rity activities. 4

(3) RESTRICTED ROUTE.—The route excluded 5

from the Potrillo Mountains Wilderness identified as 6

‘‘Restricted—Administrative Access’’ on the map en-7

titled ‘‘Potrillo Mountains Complex’’ and dated April 8

18, 2016, shall be— 9

(A) closed to public access; but 10

(B) available for administrative and law 11

enforcement uses, including border security ac-12

tivities. 13

(d) ORGAN MOUNTAINS-DESERT PEAKS NATIONAL 14

MONUMENT.— 15

(1) MANAGEMENT PLAN.—In preparing and im-16

plementing the management plan for the Monument, 17

the Secretary shall include a watershed health as-18

sessment to identify opportunities for watershed res-19

toration. 20

(2) INCORPORATION OF ACQUIRED STATE 21

TRUST LAND AND INTERESTS IN STATE TRUST 22

LAND.— 23

(A) IN GENERAL.—Any land or interest in 24

land that is within the State trust land de-25


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•S 2354 IS

scribed in subparagraph (B) that is acquired by 1

the United States shall— 2

(i) become part of the Monument; and 3

(ii) be managed in accordance with— 4

(I) Presidential Proclamation 5

9131 (79 Fed. Reg. 30431); and 6

(II) any other applicable laws. 7

(B) DESCRIPTION OF STATE TRUST 8

LAND.—The State trust land referred to in sub-9

paragraph (A) is the State trust land in T. 22 10

S., R. 01 W., New Mexico Principal Meridian 11

and T. 22 S., R. 02 W., New Mexico Principal 12

Meridian. 13

(3) LAND EXCHANGES.— 14

(A) IN GENERAL.—Subject to subpara-15

graphs (C) through (F), the Secretary shall at-16

tempt to enter into an agreement to initiate an 17

exchange under section 2201.1 of title 43, Code 18

of Federal Regulations (or successor regula-19

tions), with the Commissioner of Public Lands 20

of New Mexico, by the date that is 18 months 21

after the date of enactment of this Act, to pro-22

vide for a conveyance to the State of all right, 23

title, and interest of the United States in and 24

to Bureau of Land Management land in the 25


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•S 2354 IS

State identified under subparagraph (B) in ex-1

change for the conveyance by the State to the 2

Secretary of all right, title, and interest of the 3

State in and to parcels of State trust land with-4

in the boundary of the Monument identified 5

under that subparagraph or described in para-6

graph (2)(B). 7

(B) IDENTIFICATION OF LAND FOR EX-8

CHANGE.—The Secretary and the Commissioner 9

of Public Lands of New Mexico shall jointly 10

identify the Bureau of Land Management land 11

and State trust land eligible for exchange under 12

this paragraph, the exact acreage and legal de-13

scription of which shall be determined by sur-14

veys approved by the Secretary and the New 15

Mexico State Land Office. 16

(C) APPLICABLE LAW.—A land exchange 17

under subparagraph (A) shall be carried out in 18

accordance with section 206 of the Federal 19

Land Policy and Management Act of 1976 (43 20

U.S.C. 1716). 21

(D) CONDITIONS.—A land exchange under 22

subparagraph (A) shall be subject to— 23

(i) valid existing rights; and 24


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•S 2354 IS

(ii) such terms as the Secretary and 1

the State shall establish. 2

(E) VALUATION, APPRAISALS, AND 3

EQUALIZATION.— 4

(i) IN GENERAL.—The value of the 5

Bureau of Land Management land and the 6

State trust land to be conveyed in a land 7

exchange under this paragraph— 8

(I) shall be equal, as determined 9

by appraisals conducted in accordance 10

with clause (ii); or 11

(II) if not equal, shall be equal-12

ized in accordance with clause (iii). 13

(ii) APPRAISALS.— 14

(I) IN GENERAL.—The Bureau of 15

Land Management land and State 16

trust land to be exchanged under this 17

paragraph shall be appraised by an 18

independent, qualified appraiser that 19

is agreed to by the Secretary and the 20

State. 21

(II) REQUIREMENTS.—An ap-22

praisal under subclause (I) shall be 23

conducted in accordance with— 24


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•S 2354 IS

(aa) the Uniform Appraisal 1

Standards for Federal Land Ac-2

quisitions; and 3

(bb) the Uniform Standards 4

of Professional Appraisal Prac-5

tice. 6

(iii) EQUALIZATION.— 7

(I) IN GENERAL.—If the value of 8

the Bureau of Land Management land 9

and the State trust land to be con-10

veyed in a land exchange under this 11

paragraph is not equal, the value may 12

be equalized by— 13

(aa) making a cash equali-14

zation payment to the Secretary 15

or to the State, as appropriate, in 16

accordance with section 206(b) of 17

the Federal Land Policy and 18

Management Act of 1976 (43 19

U.S.C. 1716(b)); or 20

(bb) reducing the acreage of 21

the Bureau of Land Management 22

land or State trust land to be ex-23

changed, as appropriate. 24


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•S 2354 IS

(II) CASH EQUALIZATION PAY-1

MENTS.—Any cash equalization pay-2

ments received by the Secretary under 3

subclause (I)(aa) shall be— 4

(aa) deposited in the Fed-5

eral Land Disposal Account es-6

tablished by section 206(a) of the 7

Federal Land Transaction Facili-8

tation Act (43 U.S.C. 2305(a)); 9

and 10

(bb) used in accordance with 11

that Act. 12

(F) LIMITATION.—No exchange of land 13

shall be conducted under this paragraph unless 14

mutually agreed to by the Secretary and the 15

State. 16

SEC. 302. CERRO DEL YUTA AND RIO SAN ANTONIO WIL-17

DERNESS AREAS. 18

(a) DEFINITIONS.—In this section: 19

(1) MAP.—The term ‘‘map’’ means the map en-20

titled ‘‘Rıo Grande del Norte National Monument 21

Proposed Wilderness Areas’’ and dated July 28, 22

2015. 23




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•S 2354 IS


area’’ means a wilderness area designated by sub-2

section (b)(1). 3

(b) DESIGNATION OF CERRO DEL YUTA AND RIO 4

SAN ANTONIO WILDERNESS AREAS.— 5

(1) IN GENERAL.—In accordance with the Wil-6

derness Act (16 U.S.C. 1131 et seq.), the following 7

areas in the Rıo Grande del Norte National Monu-8

ment are designated as wilderness and as compo-9

nents of the National Wilderness Preservation Sys-10

tem: 11

(A) CERRO DEL YUTA WILDERNESS.—Cer-12


Management in Taos County, New Mexico, 14

comprising approximately 13,420 acres as gen-15

erally depicted on the map, which shall be 16

known as the ‘‘Cerro del Yuta Wilderness’’. 17

(B) RIO SAN ANTONIO WILDERNESS.—Cer-18


Management in Rıo Arriba County, New Mex-20

ico, comprising approximately 8,120 acres, as 21

generally depicted on the map, which shall be 22

known as the ‘‘Rıo San Antonio Wilderness’’. 23

(2) MANAGEMENT OF WILDERNESS AREAS.— 24

Subject to valid existing rights, the wilderness areas 25


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•S 2354 IS

shall be administered in accordance with the Wilder-1

ness Act (16 U.S.C. 1131 et seq.) and this section, 2

except that with respect to the wilderness areas des-3

ignated by this section— 4

(A) any reference to the effective date of 5

the Wilderness Act shall be considered to be a 6

reference to the date of enactment of this Act; 7

and 8

(B) any reference in the Wilderness Act to 9

the Secretary of Agriculture shall be considered 10

to be a reference to the Secretary. 11

(3) INCORPORATION OF ACQUIRED LAND AND 12

INTERESTS IN LAND.—Any land or interest in land 13

within the boundary of the wilderness areas that is 14

acquired by the United States shall— 15

(A) become part of the wilderness area in 16

which the land is located; and 17

(B) be managed in accordance with— 18

(i) the Wilderness Act (16 U.S.C. 19

1131 et seq.); 20

(ii) this section; and 21


(4) GRAZING.—Grazing of livestock in the wil-23

derness areas, where established before the date of 24


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enactment of this Act, shall be administered in ac-1

cordance with— 2

(A) section 4(d)(4) of the Wilderness Act 3

(16 U.S.C. 1133(d)(4)); and 4

(B) the guidelines set forth in appendix A 5

of the Report of the Committee on Interior and 6

Insular Affairs to accompany H.R. 2570 of the 7

101st Congress (H. Rept. 101–405). 8

(5) BUFFER ZONES.— 9

(A) IN GENERAL.—Nothing in this section 10

creates a protective perimeter or buffer zone 11

around the wilderness areas. 12

(B) ACTIVITIES OUTSIDE WILDERNESS 13

AREAS.—The fact that an activity or use on 14

land outside a wilderness area can be seen or 15

heard within the wilderness area shall not pre-16

clude the activity or use outside the boundary 17

of the wilderness area. 18

(6) RELEASE OF WILDERNESS STUDY AREAS.— 19

Congress finds that, for purposes of section 603(c) 20

of the Federal Land Policy and Management Act of 21

1976 (43 U.S.C. 1782(c)), the public land within the 22

San Antonio Wilderness Study Area not designated 23

as wilderness by this subsection— 24


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(A) has been adequately studied for wilder-1

ness designation; 2

(B) is no longer subject to section 603(c) 3

of the Federal Land Policy and Management 4

Act of 1976 (43 U.S.C. 1782(c)); and 5

(C) shall be managed in accordance with 6

title I. 7

(7) MAPS AND LEGAL DESCRIPTIONS.— 8

(A) IN GENERAL.—As soon as practicable 9

after the date of enactment of this Act, the Sec-10

retary shall file the map and legal descriptions 11

of the wilderness areas with— 12





(B) FORCE OF LAW.—The map and legal 17

descriptions filed under subparagraph (A) shall 18

have the same force and effect as if included in 19

this Act, except that the Secretary may correct 20

errors in the legal description and map. 21

(C) PUBLIC AVAILABILITY.—The map and 22

legal descriptions filed under subparagraph (A) 23

shall be on file and available for public inspec-24


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tion in the appropriate offices of the Bureau of 1

Land Management. 2

(8) NATIONAL LANDSCAPE CONSERVATION SYS-3

TEM.—The wilderness areas shall be administered as 4

components of the National Landscape Conservation 5

System. 6

(9) FISH AND WILDLIFE.—Nothing in this sec-7

tion affects the jurisdiction of the State of New 8

Mexico with respect to fish and wildlife located on 9

public land in the State. 10

(10) WITHDRAWALS.—Subject to valid existing 11

rights, any Federal land within the wilderness areas 12

designated by paragraph (1), including any land or 13

interest in land that is acquired by the United 14

States after the date of enactment of this Act, is 15

withdrawn from— 16

(A) entry, appropriation, or disposal under 17

the public land laws; 18

(B) location, entry, and patent under the 19

mining laws; and 20

(C) operation of the mineral leasing, min-21

eral materials, and geothermal leasing laws. 22

(11) TREATY RIGHTS.—Nothing in this section 23

enlarges, diminishes, or otherwise modifies any trea-24

ty rights. 25


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TITLE IV—DESIGNATION OF WIL-1

DERNESS AREAS IN CLARK 2

COUNTY, NEVADA 3

SEC. 401. FINDINGS. 4

Congress finds that— 5

(1) public land administered by the Bureau of 6

Land Management in the County contains unique 7

and spectacular natural, cultural, and historical re-8

sources, including— 9

(A) priceless habitat for numerous species 10

of plants and wildlife; 11

(B) thousands of acres of land that remain 12

in a natural state; and 13

(C) numerous sites containing significant 14

cultural and historical artifacts; and 15

(2) continued preservation of the public land 16

would benefit the County and all of the United 17

States by— 18

(A) ensuring the conservation of eco-19

logically diverse habitat; 20

(B) protecting prehistoric cultural re-21

sources; 22

(C) conserving primitive recreational re-23

sources; and 24

(D) protecting air and water quality. 25


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SEC. 402. DEFINITIONS. 1

In this title: 2

(1) COUNTY.—The term ‘‘County’’ means Clark 3

County, Nevada. 4

(2) MAP.—The term ‘‘Map’’ means the map en-5

titled ‘‘Gold Butte National Conservation Area’’ and 6

dated May 23, 2013. 7

(3) PUBLIC LAND.—The term ‘‘public land’’ 8

has the meaning given the term ‘‘public lands’’ in 9

section 103 of the Federal Land Policy and Manage-10

ment Act of 1976 (43 U.S.C. 1702). 11



(5) STATE.—The term ‘‘State’’ means the State 14

of Nevada. 15


area’’ means a wilderness area designated by section 17

403(a). 18

SEC. 403. ADDITIONS TO NATIONAL WILDERNESS PRESER-19

VATION SYSTEM. 20

(a) ADDITIONS.—In furtherance of the Wilderness 21

Act (16 U.S.C. 1131 et seq.), the following public land 22

administered by the Bureau of Land Management in the 23

County is designated as wilderness and as components of 24

the National Wilderness Preservation System: 25


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(1) VIRGIN PEAK WILDERNESS.—Certain public 1

land managed by the Bureau of Land Management, 2

comprising approximately 18,296 acres, as generally 3

depicted on the Map, which shall be known as the 4

‘‘Virgin Peak Wilderness’’. 5

(2) BLACK RIDGE WILDERNESS.—Certain pub-6

lic land managed by the Bureau of Land Manage-7

ment, comprising approximately 18,192 acres, as 8

generally depicted on the Map, which shall be known 9

as the ‘‘Black Ridge Wilderness’’. 10

(3) BITTER RIDGE NORTH WILDERNESS.—Cer-11

tain public land managed by the Bureau of Land 12

Management comprising approximately 15,114 13

acres, as generally depicted on the Map, which shall 14

be known as the ‘‘Bitter Ridge North Wilderness’’. 15

(4) BITTER RIDGE SOUTH WILDERNESS.—Cer-16

tain public land managed by the Bureau of Land 17

Management, comprising approximately 12,646 18

acres, as generally depicted on the Map, which shall 19

be known as the ‘‘Bitter Ridge Wilderness’’. 20

(5) BILLY GOAT PEAK WILDERNESS.—Certain 21

public land managed by the Bureau of Land Man-22

agement, comprising approximately 30,460 acres, as 23


as the ‘‘Billy Goat Peak Wilderness’’. 25


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(6) MILLION HILLS WILDERNESS.—Certain 1

public land managed by the Bureau of Land Man-2

agement, comprising approximately 24,818 acres, as 3


as the ‘‘Million Hills Wilderness’’. 5

(7) LIME CANYON WILDERNESS ADDITIONS.— 6

Certain public land managed by the Bureau of Land 7

Management, comprising approximately 10,069 8

acres, as generally depicted on the Map, which is in-9

corporated in, and shall be managed as part of, the 10

‘‘Lime Canyon Wilderness’’ designated by section 11

202(a)(9) of the Clark County Conservation of Pub-12

lic Land and Natural Resources Act of 2002 (16 13

U.S.C. 1132 note; Public Law 107–282). 14

(b) NATIONAL LANDSCAPE CONSERVATION SYS-15

TEM.—The wilderness areas shall be administered as com-16

ponents of the National Landscape Conservation System. 17

(c) ROAD OFFSET.—The boundary of any portion of 18

a wilderness area that is bordered by a road shall be at 19

least 100 feet away from the centerline of the road so as 20

not to interfere with public access. 21

(d) MAP AND LEGAL DESCRIPTION.— 22

(1) IN GENERAL.—As soon as practicable after 23

the date of enactment of this Act, the Secretary 24

shall file a map and legal description of each wilder-25


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ness area with the Committee on Natural Resources 1

of the House of Representatives and the Committee 2

on Energy and Natural Resources of the Senate. 3

(2) EFFECT.—Each map and legal description 4

under paragraph (1) shall have the same force and 5

effect as if included in this title, except that the Sec-6

retary may correct clerical and typographical errors 7

in the map or legal description. 8

(3) AVAILABILITY.—Each map and legal de-9

scription under paragraph (1) shall be on file and 10

available for public inspection in the appropriate of-11

fices of the Bureau of Land Management. 12

SEC. 404. ADMINISTRATION. 13

(a) MANAGEMENT.—Subject to valid existing rights, 14

the wilderness areas shall be administered by the Sec-15

retary in accordance with the Wilderness Act (16 U.S.C. 16

1131 et seq.), except that— 17

(1) any reference in that Act to the effective 18

date of that Act shall be considered to be a reference 19

to the date of enactment of this Act; and 20

(2) any reference in that Act to the Secretary 21

of Agriculture shall be considered to be a reference 22

to the Secretary. 23

(b) INCORPORATION OF ACQUIRED LAND AND IN-24

TERESTS.—Any land or interest in land within the bound-25


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aries of a wilderness area that is acquired by the United 1

States after the date of enactment of this Act shall be 2

added to, and administered as part of, the wilderness area 3

within which the acquired land or interest is located. 4

(c) WATER RIGHTS.— 5

(1) FINDINGS.—Congress finds that— 6

(A) the land designated as a wilderness 7

area— 8

(i) is within the Mojave Desert; 9

(ii) is arid in nature; and 10

(iii) includes ephemeral streams; 11

(B) the hydrology of the land designated 12

as a wilderness area is locally characterized by 13

complex flow patterns and alluvial fans with im-14

permanent channels; 15

(C) the subsurface hydrogeology of the re-16

gion within which the land designated as a wil-17

derness area is located is characterized by 18

ground water subject to local and regional flow 19

gradients and artesian aquifers; 20

(D) the land designated as a wilderness 21

area is generally not suitable for use or develop-22

ment of new water resource facilities; 23

(E) there are no actual or proposed water 24

resource facilities and no opportunities for di-25


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version, storage, or other uses of water occur-1

ring outside the land designated as a wilderness 2

area that would adversely affect the wilderness 3

or other values of the land; and 4

(F) because of the unique nature and hy-5

drology of the desert land designated as a wil-6

derness area and the existence of the Clark 7

County Multi-Species Habitat Conservation 8

Plan, it is possible to provide for proper man-9

agement and protection of the wilderness, pe-10

rennial springs, and other values of the land in 11

ways different than the methods used in other 12

laws. 13

(2) STATUTORY CONSTRUCTION.— 14

(A) NO RESERVATION.—Nothing in this 15

title constitutes an express or implied reserva-16

tion by the United States of any water or water 17

rights with respect to the land designated as a 18

wilderness area. 19

(B) STATE RIGHTS.—Nothing in this title 20

affects any water rights in the State existing on 21

the date of enactment of this Act, including any 22

water rights held by the United States. 23


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(C) NO PRECEDENT.—Nothing in this sub-1

section establishes a precedent with regard to 2

any future wilderness designations. 3

(D) NO EFFECT ON COMPACTS.—Nothing 4

in this title limits, alters, modifies, or amends 5

any of the interstate compacts or equitable ap-6

portionment decrees that apportion water 7

among and between the State and other States. 8

(E) CLARK COUNTY MULTI-SPECIES HABI-9

TAT CONSERVATION PLAN.—Nothing in this 10

title limits, alters, modifies, or amends the 11

Clark County Multi-Species Habitat Conserva-12

tion Plan with respect to the land designated as 13

a wilderness area, including specific manage-14

ment actions for the conservation of perennial 15

springs. 16

(3) NEVADA WATER LAW.—The Secretary shall 17

follow the procedural and substantive requirements 18

of State law in order to obtain and hold any water 19

rights not in existence on the date of enactment of 20

this Act with respect to the land designated as a wil-21

derness area. 22

(4) NEW PROJECTS.— 23

(A) DEFINITION.— 24


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(i) IN GENERAL.—In this paragraph, 1

the term ‘‘water resource facility’’ means 2

irrigation and pumping facilities, res-3

ervoirs, water conservation works, aque-4

ducts, canals, ditches, pipelines, wells, hy-5

dropower projects, and transmission and 6

other ancillary facilities, and other water 7

diversion, storage, and carriage structures. 8

(ii) EXCLUSION.—In this paragraph, 9

the term ‘‘water resource facility’’ does not 10

include wildlife guzzlers. 11

(B) NO LICENSES OR PERMITS.—Except 12

as otherwise provided in this title, on and after 13

the date of enactment of this Act, neither the 14

President nor any other officer, employee, or 15

agent of the United States shall fund, assist, 16

authorize, or issue a license or permit for the 17

development of any new water resource facility 18

within the land designated as a wilderness area. 19

(d) WITHDRAWAL.—Subject to valid existing rights, 20

any Federal land within the wilderness areas, including 21

any land or interest in land that is acquired by the United 22

States within the Gold Butte National Monument after 23

the date of enactment of this Act, is withdrawn from— 24


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(1) entry, appropriation, or disposal under the 1

public land laws; 2

(2) location, entry, and patent under the mining 3

laws; and 4

(3) operation of the mineral leasing, mineral 5

materials, and geothermal leasing laws. 6

SEC. 405. ADJACENT MANAGEMENT. 7

(a) NO BUFFER ZONES.—Congress does not intend 8

for the designation of land as wilderness areas to lead to 9

the creation of protective perimeters or buffer zones 10

around the wilderness areas. 11

(b) NONWILDERNESS ACTIVITIES.—The fact that 12

nonwilderness activities or uses can be seen or heard from 13

areas within a wilderness area shall not preclude the con-14

duct of those activities or uses outside the boundary of 15

the wilderness area. 16

SEC. 406. MILITARY, LAW ENFORCEMENT, AND EMERGENCY 17

OVERFLIGHTS. 18

Nothing in this title restricts or precludes— 19

(1) low-level overflights of military, law enforce-20

ment, or emergency medical services aircraft over 21

the area designated as wilderness by this title, in-22

cluding military, law enforcement, or emergency 23

medical services overflights that can be seen or 24

heard within the wilderness area; 25


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(2) flight testing and evaluation; or 1

(3) the designation or creation of new units of 2

special use airspace, or the establishment of military, 3

law enforcement, or emergency medical services 4

flight training routes, over the wilderness area. 5

SEC. 407. RELEASE OF WILDERNESS STUDY AREAS. 6

(a) FINDING.—Congress finds that, for the purposes 7

of section 603 of the Federal Land Policy and Manage-8

ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 9

Management land in any portion of the wilderness study 10

areas located within the Gold Butte National Monument 11

not designated as a wilderness area has been adequately 12

studied for wilderness designation. 13

(b) RELEASE.—Any Bureau of Land Management 14

land described in subsection (a) that is not designated as 15

a wilderness area— 16

(1) is no longer subject to section 603(c) of the 17

Federal Land Policy and Management Act of 1976 18

(43 U.S.C. 1782(c)); 19

(2) shall be managed in accordance with— 20

(A) the land management plans adopted 21

under section 202 of that Act (43 U.S.C. 22

1712); and 23


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(B) cooperative conservation agreements in 1

existence on the date of enactment of this Act; 2

and 3

(3) shall be subject to— 4

(A) the Endangered Species Act of 1973 5

(16 U.S.C. 1531 et seq.); and 6

(B) title I. 7

SEC. 408. NATIVE AMERICAN CULTURAL AND RELIGIOUS 8

USES. 9

Nothing in this title diminishes— 10

(1) the rights of any Indian Tribe; or 11

(2) Tribal rights regarding access to Federal 12

land for Tribal activities, including spiritual, cul-13

tural, and traditional food-gathering activities. 14

SEC. 409. WILDLIFE MANAGEMENT. 15

(a) IN GENERAL.—In accordance with section 16

4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 17

nothing in this title affects or diminishes the jurisdiction 18

of the State with respect to fish and wildlife management, 19

including the regulation of hunting, fishing, and trapping, 20

in the wilderness areas. 21

(b) MANAGEMENT ACTIVITIES.— 22

(1) IN GENERAL.—In furtherance of the pur-23

poses and principles of the Wilderness Act (16 24

U.S.C. 1131 et seq.), management activities to 25


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maintain or restore fish and wildlife populations and 1

the habitats to support the populations may be car-2

ried out within the wilderness areas, if the activi-3

ties— 4

(A) are consistent with relevant wilderness 5

management plans; and 6

(B) are carried out in accordance with ap-7

propriate policies, such as those set forth in Ap-8

pendix B of House Report 101–405. 9

(2) USE OF MOTORIZED VEHICLES.—The man-10

agement activities under paragraph (1) may include 11

the occasional and temporary use of motorized vehi-12

cles, if the use, as determined by the Secretary, 13

would— 14

(A) promote healthy, viable, and more nat-15

urally distributed wildlife populations that 16

would enhance wilderness values; and 17

(B) accomplish the purposes described in 18

subparagraph (A) with the minimum impact 19

necessary to reasonably accomplish the task. 20

(c) EXISTING ACTIVITIES.—Consistent with section 21

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 22

in accordance with appropriate policies such as those set 23

forth in Appendix B of House Report 101–405, the State 24

may continue to use aircraft (including helicopters) to sur-25


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vey, capture, transplant, monitor, and provide water for 1

wildlife populations, including bighorn sheep, and feral 2

stock, horses, and burros. 3

(d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 4

Subject to subsection (f), the Secretary shall authorize 5

structures and facilities, including existing structures and 6

facilities, for wildlife water development projects, including 7

guzzlers, in the wilderness areas if— 8

(1) the structures and facilities will, as deter-9

mined by the Secretary, enhance wilderness values 10

by promoting healthy, viable and more naturally dis-11

tributed wildlife populations; and 12

(2) the visual impacts of the structures and fa-13

cilities on the wilderness areas can reasonably be 14

minimized. 15

(e) HUNTING, FISHING, AND TRAPPING.— 16

(1) IN GENERAL.—The Secretary may des-17

ignate, by regulation, areas in which, and establish 18

periods during which, for reasons of public safety, 19

administration, or compliance with applicable laws, 20

no hunting, fishing, or trapping will be permitted in 21

the wilderness areas. 22

(2) CONSULTATION.—Except in emergencies, 23

the Secretary shall consult with the appropriate 24


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State agency before promulgating regulations under 1

paragraph (1). 2

(f) COOPERATIVE AGREEMENT.—The State, includ-3

ing a designee of the State, may conduct wildlife manage-4

ment activities in the wilderness areas— 5

(1) in accordance with the terms and conditions 6

specified in the cooperative agreement between the 7

Secretary and the State entitled ‘‘Memorandum of 8

Understanding between the Bureau of Land Man-9

agement and the Nevada Department of Wildlife 10

Supplement No. 9’’ and signed November and De-11

cember 2003, including any amendments to the co-12

operative agreement agreed to by the Secretary and 13

the State; and 14

(2) subject to all applicable laws (including reg-15

ulations). 16

SEC. 410. WILDFIRE, INSECT, AND DISEASE MANAGEMENT. 17

(a) IN GENERAL.—In accordance with section 18

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 19

Secretary may take such measures in each wilderness area 20

as the Secretary determines to be necessary for the control 21

of fire, insects, and diseases (including, as the Secretary 22

determines to be appropriate, the coordination of the ac-23

tivities with a State or local agency). 24


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(b) EFFECT.—Nothing in this title precludes a Fed-1

eral, State, or local agency from conducting wildfire man-2

agement operations (including operations using aircraft or 3

mechanized equipment) in accordance with section 4(d)(1) 4

of the Wilderness Act (16 U.S.C. 1133(d)(1)). 5

SEC. 411. CLIMATOLOGICAL DATA COLLECTION. 6

Subject to such terms and conditions as the Secretary 7

may require, nothing in this title precludes the installation 8

and maintenance of hydrologic, meteorologic, or climato-9

logical collection devices in the wilderness areas if the fa-10

cilities and access to the facilities are essential to flood 11

warning, flood control, and water reservoir operation ac-12

tivities. 13

Æ


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TH CONGRESS S S. 2354 · 7 •S 2354 IS 1 (3) AGUA FRIA NATIONAL MONUMENT, ARI- 2 ZONA.—The Agua...

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Transcript of TH CONGRESS S S. 2354 · 7 •S 2354 IS 1 (3) AGUA FRIA NATIONAL MONUMENT, ARI- 2 ZONA.—The Agua...