TH S H. R. 1050 - Congress · SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be...

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116TH CONGRESS 1ST SESSION H. R. 1050

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 HOUSE OF REPRESENTATIVES

FEBRUARY 7, 2019

Ms. HAALAND (for herself, Mr. GALLEGO, Mr. LUJAN, Mr. COHEN, Mr.

SIRES, Mr. LARSEN of Washington, Mr. MCNERNEY, Mr. SERRANO, Mr.

PETERS, Ms. ROYBAL-ALLARD, Mr. ESPAILLAT, Ms. MOORE, Ms. CAS-

TOR of Florida, Mr. SMITH of Washington, Mr. HUFFMAN, Ms. HILL of

California, Mr. SEAN PATRICK MALONEY of New York, Ms. BARRAGAN,

Ms. SEWELL of Alabama, Mr. GOMEZ, Mr. SUOZZI, Mr. LIPINSKI, Mr.

BEYER, Mr. AGUILAR, Mr. HIGGINS of New York, Mr. GARAMENDI, Ms.

NORTON, Mr. PANETTA, Ms. TITUS, Ms. MENG, Ms. DEGETTE, Ms.

BONAMICI, Mrs. NAPOLITANO, Mrs. TORRES of California, Mr. WELCH,

Ms. WILSON of Florida, Mr. BLUMENAUER, Mr. DAVID SCOTT of Geor-

gia, Ms. SCHAKOWSKY, Ms. DELBENE, Mr. FOSTER, Mr. KILMER, Mr.

CONNOLLY, Mr. CARBAJAL, Mr. CARTWRIGHT, Mr. RUIZ, Ms. PINGREE,

Mr. SOTO, Mr. NEAL, Ms. CLARK of Massachusetts, Ms. SANCHEZ, Ms.

MUCARSEL-POWELL, Ms. MCCOLLUM, Mr. BRENDAN F. BOYLE of Penn-

sylvania, Mr. LOWENTHAL, Mr. NEGUSE, Ms. PORTER, Mr. MCEACHIN,

Ms. JUDY CHU of California, Mr. TED LIEU of California, Mrs. LAW-

RENCE, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. DESAULNIER,

Mrs. DINGELL, Mr. SCHIFF, Mr. POCAN, Mrs. CAROLYN B. MALONEY of

New York, Ms. CLARKE of New York, Ms. SHALALA, Mr. CARDENAS, Ms.

BROWNLEY of California, Mrs. LEE of Nevada, Mr. BROWN of Maryland,

Mr. HASTINGS, Ms. TORRES SMALL of New Mexico, Mr. RASKIN, Mr.

HORSFORD, Mr. KRISHNAMOORTHI, and Ms. SPEIER) introduced the fol-

lowing bill; which was referred to the Committee on Natural Resources

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

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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

States Act’’ or the ‘‘ANTIQUITIES Act’’. 7

(b) TABLE OF CONTENTS.—The table of contents for 8

this Act is as follows: 9

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 conservation.

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.


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

Sec. 411. Climatological data collection.

SEC. 2. FINDINGS. 1

Congress finds that— 2

(1) as established by Federal law, a national 3

monument may only be reduced, diminished, or re-4

voked by an Act of Congress; 5

(2) the national monuments under review under 6

Executive Order 13792 (82 Fed. Reg. 20429 (May 7

1, 2017)) have delivered economic, cultural, and eco-8

logical benefits to local communities and the United 9

States; and 10

(3) legislative actions subsequent to Presi-11

dential declarations, such as the Omnibus Public 12

Land Management Act of 2009 (Public Law 111– 13

11; 123 Stat. 991), have ratified certain national 14

monuments under review and other national monu-15

ments. 16

TITLE I—ADMINISTRATION OF 17

CERTAIN NATIONAL MONU-18

MENTS 19

SEC. 101. DEFINITIONS. 20

In this title: 21

(1) COVERED NATIONAL MONUMENT.—The 22

term ‘‘covered national monument’’ means a na-23

tional monument described in section 103. 24


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(2) SECRETARY CONCERNED.—The term ‘‘Sec-1

retary concerned’’ means— 2

(A) the Secretary of the Interior, with re-3

spect to a covered national monument under 4

the joint or exclusive jurisdiction of the Na-5

tional Park Service, the Bureau of Land Man-6

agement, or the United States Fish and Wild-7

life Service; 8

(B) the Secretary of Agriculture, with re-9


the joint or exclusive jurisdiction of the Forest 11

Service; and 12

(C) the Secretary of Commerce, with re-13


the joint or exclusive jurisdiction of the Na-15

tional Oceanic and Atmospheric Administration. 16

SEC. 102. ADMINISTRATION OF COVERED NATIONAL MONU-17

MENTS. 18

(a) IN GENERAL.—The Secretary concerned shall ad-19

minister each national monument described in section 103 20

in accordance with— 21

(1) the one or more applicable Presidential 22

proclamations specified in that section that apply to 23

the applicable covered national monument; 24


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(2) any Act of Congress enacted before Decem-1

ber 4, 2017, that provides for an adjustment to the 2

boundary of, or a requirement with respect to the 3

administration of, the applicable covered national 4

monument; and 5

(3) this Act. 6

(b) MAPS AND LEGAL DESCRIPTIONS.— 7

(1) IN GENERAL.—As soon as practicable after 8

the date of enactment of this Act, the Secretary con-9

cerned shall— 10

(A) conduct a survey of the boundaries of 11

each covered national monument; and 12

(B) file a map and legal description of 13

each covered national monument with— 14

(i) the Committee on Energy and 15

Natural Resources of the Senate; and 16

(ii) the Committee on Natural Re-17

sources of the House of Representatives. 18

(2) FORCE OF LAW.—The maps and legal de-19

scriptions filed under paragraph (1)(B) shall have 20

the same force and effect as if included in this Act, 21

except that the Secretary concerned may correct er-22

rors in the legal descriptions and maps. 23

(3) PUBLIC AVAILABILITY.—The maps and 24

legal descriptions filed under paragraph (1)(B) shall 25


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be on file and available for public inspection in the 1

appropriate offices of the Secretary concerned. 2

(c) MANAGEMENT PLAN.—If a management plan has 3

not been prepared for a covered national monument as of 4

the date of enactment of this Act, not later than 2 years 5

after the date of enactment of this Act, the Secretary con-6

cerned shall prepare a management plan for the covered 7

national monument, in accordance with— 8

(1) the one or more Presidential proclamations 9

specified in section 103 that apply to the applicable 10

covered national monument; and 11

(2) any other applicable Federal law (including 12

regulations). 13

(d) FUNDING.—A covered national monument shall 14

be eligible to receive funds from the National Monument 15

Enhancement Fund established by section 201(a). 16

SEC. 103. DESCRIPTION OF COVERED NATIONAL MONU-17

MENTS. 18

The following are the national monuments referred 19

to in section 102(a): 20

(1) BIRMINGHAM CIVIL RIGHTS NATIONAL 21

MONUMENT, ALABAMA.—The Birmingham Civil 22

Rights National Monument established in the State 23

of Alabama by Presidential Proclamation 9565, as 24


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

note). 2

(2) FREEDOM RIDERS NATIONAL MONUMENT, 3

ALABAMA.—The Freedom Riders National Monu-4

ment established in the State of Alabama by Presi-5

dential Proclamation 9566, as issued on January 12, 6

2017 (54 U.S.C. 320301 note). 7

(3) AGUA FRIA NATIONAL MONUMENT, ARI-8

ZONA.—The Agua Fria National Monument estab-9

lished in the State of Arizona by Presidential Procla-10

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

U.S.C. 320301 note). 12

(4) GRAND CANYON-PARASHANT NATIONAL 13

MONUMENT, ARIZONA.—The Grand Canyon- 14

Parashant National Monument established in the 15

State of Arizona by Presidential Proclamation 7265, 16

as issued on January 11, 2000 (54 U.S.C. 320301 17

note). 18

(5) IRONWOOD FOREST NATIONAL MONUMENT, 19

ARIZONA.—The Ironwood Forest National Monu-20

ment established in the State of Arizona by Presi-21

dential Proclamation 7320, as issued on June 9, 22

2000 (54 U.S.C. 320301 note). 23

(6) SONORAN DESERT NATIONAL MONUMENT, 24

ARIZONA.—The Sonoran Desert National Monument 25


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established in the State of Arizona by Presidential 1

Proclamation 7397, as issued on January 17, 2001 2

(54 U.S.C. 320301 note). 3

(7) VERMILION CLIFFS NATIONAL MONUMENT, 4

ARIZONA.—The Vermilion Cliffs National Monument 5

established in the State of Arizona by Presidential 6

Proclamation 7374, as issued on November 9, 2000 7

(54 U.S.C. 320301 note). 8

(8) BERRYESSA SNOW MOUNTAIN NATIONAL 9

MONUMENT, CALIFORNIA.—The Berryessa Snow 10

Mountain National Monument established in the 11

State of California by Presidential Proclamation 12

9298, as issued on July 10, 2015 (54 U.S.C. 13

320301 note). 14

(9) CALIFORNIA COASTAL NATIONAL MONU-15

MENT, CALIFORNIA.—The California Coastal Na-16

tional Monument established in the State of Cali-17

fornia by Presidential Proclamation 7264, as issued 18

on January 11, 2000 (54 U.S.C. 320301 note), 19

Presidential Proclamation 9089, as issued on March 20

11, 2014 (54 U.S.C. 320301 note), and Presidential 21

Proclamation 9563, as issued on January 12, 2017 22

(54 U.S.C. 320301 note). 23

(10) CARRIZO PLAIN NATIONAL MONUMENT, 24

CALIFORNIA.—The Carrizo Plain National Monu-25


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ment established in the State of California by Presi-1


2001 (54 U.S.C. 320301 note). 3

(11) CASTLE MOUNTAINS NATIONAL MONU-4

MENT, CALIFORNIA.—The Castle Mountains Na-5

tional Monument established in the State of Cali-6

fornia by Presidential Proclamation 9394, as issued 7

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

(12) CESAR E. CHAVEZ NATIONAL MONUMENT, 9

CALIFORNIA.—The Cesar E. Chavez National Monu-10


dential Proclamation 8884, as issued on October 8, 12

2012 (54 U.S.C. 320301 note). 13

(13) FORT ORD NATIONAL MONUMENT, CALI-14

FORNIA.—The Fort Ord National Monument estab-15

lished in the State of California by Presidential 16

Proclamation 8803, as issued on April 20, 2012 (54 17

U.S.C. 320301 note). 18

(14) GIANT SEQUOIA NATIONAL MONUMENT, 19

CALIFORNIA.—The Giant Sequoia National Monu-20


dential Proclamation 7295, as issued on April 15, 22

2000 (54 U.S.C. 320301 note). 23

(15) MOJAVE TRAILS NATIONAL MONUMENT, 24

CALIFORNIA.—The Mojave Trails National Monu-25


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dential Proclamation 9395, as issued on February 2

12, 2016 (54 U.S.C. 320301 note). 3

(16) SAN GABRIEL MOUNTAINS NATIONAL 4

MONUMENT, CALIFORNIA.—The San Gabriel Moun-5

tains National Monument established in the State of 6

California by Presidential Proclamation 9194, as 7

issued on October 10, 2014 (54 U.S.C. 320301 8

note). 9

(17) SAND TO SNOW NATIONAL MONUMENT, 10

CALIFORNIA.—The Sand to Snow National Monu-11



12, 2016 (54 U.S.C. 320301 note). 14

(18) BROWNS CANYON NATIONAL MONUMENT, 15

COLORADO.—The Browns Canyon National Monu-16

ment established in the State of Colorado by Presi-17


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

(19) CANYONS OF THE ANCIENTS NATIONAL 20

MONUMENT, COLORADO.—The Canyons of the An-21

cients National Monument established in the State 22

of Colorado by Presidential Proclamation 7317, as 23

issued on June 9, 2000 (54 U.S.C. 320301 note). 24


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(20) CHIMNEY ROCK NATIONAL MONUMENT, 1

COLORADO.—The Chimney Rock National Monu-2

ment established in the State of Colorado by Presi-3

dential Proclamation 8868, as issued on September 4

21, 2012 (54 U.S.C. 320301 note). 5

(21) BELMONT-PAUL WOMEN’S EQUALITY NA-6

TIONAL MONUMENT, WASHINGTON, DC.—The Bel-7

mont-Paul Women’s Equality National Monument 8

established in Washington, DC, by Presidential 9

Proclamation 9423, as issued on April 12, 2016 (54 10

U.S.C. 320301 note). 11

(22) PRESIDENT LINCOLN AND SOLDIERS’ 12

HOME NATIONAL MONUMENT, WASHINGTON, DC.— 13

The President Lincoln and Soldiers’ Home National 14

Monument established in Washington, DC, by Presi-15

dential Proclamation 7329, as issued on July 7, 16

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

(23) HONOULIULI NATIONAL MONUMENT, HA-18

WAII.—The Honouliuli National Monument estab-19

lished in the State of Hawaii by Presidential Procla-20

mation 9234, as issued on February 24, 2015 (54 21

U.S.C. 320301 note). 22

(24) PULLMAN NATIONAL MONUMENT, ILLI-23

NOIS.—The Pullman National Monument established 24

in the State of Illinois by Presidential Proclamation 25


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9233, as issued on February 19, 2015 (54 U.S.C. 1

320301 note). 2

(25) CAMP NELSON NATIONAL MONUMENT, 3

KENTUCKY.—The Camp Nelson National Monument 4

established in the State of Kentucky by Presidential 5

Proclamation 9811, as issued on October 26, 2018 6

(83 Fed. Reg. 54845 (October 31, 2018)). 7

(26) KATAHDIN WOODS AND WATERS NATIONAL 8

MONUMENT, MAINE.—The Katahdin Woods and 9

Waters National Monument established in the State 10

of Maine by Presidential Proclamation 9476, as 11

issued on August 24, 2016 (54 U.S.C. 320301 12

note). 13

(27) POMPEYS PILLAR NATIONAL MONUMENT, 14

MONTANA.—The Pompeys Pillar National Monu-15

ment established in the State of Montana by Presi-16


2001 (54 U.S.C. 320301 note). 18

(28) UPPER MISSOURI RIVER BREAKS NA-19

TIONAL MONUMENT, MONTANA.—The Upper Mis-20

souri River Breaks National Monument established 21

in the State of Montana by Presidential Proclama-22

tion 7398, as issued on January 17, 2001 (54 23

U.S.C. 320301 note). 24


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(29) BASIN AND RANGE NATIONAL MONUMENT, 1

NEVADA.—The Basin and Range National Monu-2

ment established in the State of Nevada by Presi-3

dential Proclamation 9297, as issued on July 10, 4

2015 (54 U.S.C. 320301 note). 5

(30) GOLD BUTTE NATIONAL MONUMENT, NE-6

VADA.—The Gold Butte National Monument estab-7

lished in the State of Nevada by Presidential Procla-8

mation 9559, as issued on December 28, 2016 (54 9

U.S.C. 320301 note). 10

(31) KASHA-KATUWE TENT ROCKS NATIONAL 11

MONUMENT, NEW MEXICO.—The Kasha-Katuwe 12

Tent Rocks National Monument established in the 13

State of New Mexico by Presidential Proclamation 14

7394, as issued on January 17, 2001 (54 U.S.C. 15

320301 note). 16

(32) ORGAN MOUNTAINS-DESERT PEAKS NA-17

TIONAL MONUMENT, NEW MEXICO.—The Organ 18

Mountains-Desert Peaks National Monument estab-19

lished in the State of New Mexico by Presidential 20

Proclamation 9131, as issued on May 21, 2014 (54 21

U.S.C. 320301 note). 22

(33) RIO GRANDE DEL NORTE NATIONAL 23

MONUMENT, NEW MEXICO.—The Rıo Grande del 24

Norte National Monument established in the State 25


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of New Mexico by Presidential Proclamation 8946, 1

as issued on March 25, 2013 (54 U.S.C. 320301 2

note). 3

(34) AFRICAN BURIAL GROUND NATIONAL 4

MONUMENT, NEW YORK.—The African Burial 5

Ground National Monument established in the State 6

of New York by Presidential Proclamation 7984, as 7

issued on February 27, 2006 (54 U.S.C. 320301 8

note). 9

(35) GOVERNORS ISLAND NATIONAL MONU-10

MENT, NEW YORK.—The Governors Island National 11

Monument established in the State of New York by 12

Presidential Proclamation 7647, as issued on Feb-13

ruary 7, 2003 (54 U.S.C. 320301 note). 14

(36) STONEWALL NATIONAL MONUMENT, NEW 15

YORK.—The Stonewall National Monument estab-16

lished in the State of New York by Presidential 17

Proclamation 9465, as issued on June 24, 2016 (54 18

U.S.C. 320301 note). 19

(37) CHARLES YOUNG BUFFALO SOLDIERS NA-20

TIONAL MONUMENT, OHIO.—The Charles Young 21

Buffalo Soldiers National Monument established in 22

the State of Ohio by Presidential Proclamation 23

8945, as issued on March 25, 2013 (54 U.S.C. 24

320301 note). 25


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(38) CASCADE-SISKIYOU NATIONAL MONUMENT, 1

OREGON AND CALIFORNIA.—The Cascade-Siskiyou 2

National Monument established in the States of Or-3

egon and California by Presidential Proclamation 4

7318, as issued on June 9, 2000 (54 U.S.C. 320301 5

note), and Presidential Proclamation 9564, as issued 6

on January 12, 2017 (54 U.S.C. 320301 note). 7

(39) RECONSTRUCTION ERA NATIONAL MONU-8

MENT, SOUTH CAROLINA.—The Reconstruction Era 9

National Monument established in the State of 10

South Carolina by Presidential Proclamation 9567, 11

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

note). 13

(40) WACO MAMMOTH NATIONAL MONUMENT, 14

TEXAS.—The Waco Mammoth National Monument 15

established in the State of Texas by Presidential 16

Proclamation 9299, as issued on July 10, 2015 (54 17

U.S.C. 320301 note). 18

(41) BEARS EARS NATIONAL MONUMENT, 19

UTAH.—The Bears Ears National Monument estab-20

lished in the State of Utah by Presidential Procla-21

mation 9558, as issued on December 28, 2016 (54 22

U.S.C. 320301 note), except that the boundaries of 23

the Bears Ears National Monument shall be modi-24

fied to encompass the approximately 1,931,997 acres 25


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of Federal land generally depicted on the map on 1

page 6 of the proposal entitled ‘‘Proposal to Presi-2

dent Barack Obama for the Creation of Bears Ears 3

National Monument’’, prepared by the Bears Ears 4

Inter-Tribal Coalition, and dated October 15, 2015. 5

(42) GRAND STAIRCASE-ESCALANTE NATIONAL 6

MONUMENT, UTAH.—The Grand Staircase-Escalante 7

National Monument established in the State of Utah 8

by Presidential Proclamation 6920, as issued on 9

September 18, 1996 (54 U.S.C. 320301 note). 10

(43) FORT MONROE NATIONAL MONUMENT, 11

VIRGINIA.—The Fort Monroe National Monument 12

established in the State of Virginia by Presidential 13

Proclamation 8750, as issued on November 1, 2011 14

(54 U.S.C. 320301 note). 15

(44) HANFORD REACH NATIONAL MONUMENT, 16

WASHINGTON.—The Hanford Reach National Monu-17

ment established in the State of Washington by 18

Presidential Proclamation 7319, as issued on June 19

9, 2000 (54 U.S.C. 320301 note). 20

(45) SAN JUAN ISLANDS NATIONAL MONUMENT, 21

WASHINGTON.—The San Juan Islands National 22

Monument established in the State of Washington 23


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


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(46) VIRGIN ISLANDS CORAL REEF NATIONAL 1

MONUMENT, UNITED STATES VIRGIN ISLANDS.—The 2

Virgin Islands Coral Reef National Monument estab-3

lished in the United States Virgin Islands by Presi-4


2001 (54 U.S.C. 320301 note). 6

(47) NORTHEAST CANYONS AND SEAMOUNTS 7

MARINE NATIONAL MONUMENT, ATLANTIC OCEAN.— 8

The Northeast Canyons and Seamounts Marine Na-9

tional Monument established in the Atlantic Ocean 10


September 15, 2016 (54 U.S.C. 320301 note). 12

(48) PACIFIC REMOTE ISLANDS MARINE NA-13

TIONAL MONUMENT, PACIFIC OCEAN.—The Pacific 14

Remote Islands Marine National Monument estab-15

lished in the Pacific Ocean by Presidential Procla-16

mation 8336, as issued on January 6, 2009 (54 17

U.S.C. 320301 note), and by Presidential Proclama-18

tion 9173, as issued on September 25, 2014 (54 19

U.S.C. 320301 note). 20

(49) ROSE ATOLL MARINE NATIONAL MONU-21

MENT, AMERICAN SAMOA.—The Rose Atoll Marine 22

National Monument established in American Samoa 23

and the Pacific Ocean by Presidential Proclamation 24


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8337, as issued on January 6, 2009 (54 U.S.C. 1

320301 note). 2

(50) MARIANAS TRENCH NATIONAL MONUMENT, 3

COMMONWEALTH OF THE NORTHERN MARIANA IS-4

LANDS.—The Marianas Trench Marine National 5

Monument established in the Commonwealth of the 6

Northern Mariana Islands and the Pacific Ocean by 7

Presidential Proclamation 8335, as issued on Janu-8

ary 6, 2009 (54 U.S.C. 320301 note). 9

(51) PAPAHANAUMOKUAKEA MARINE NATIONAL 10

MONUMENT, HAWAII.—The Papahanaumokuakea 11

Marine National Monument established in the State 12

of Hawaii and the Pacific Ocean by Presidential 13

Proclamation 8031, as issued on June 15, 2006 (54 14

U.S.C. 320301 note), and Presidential Proclamation 15

9478, as issued on August 25, 2016 (54 U.S.C. 16

320301 note). 17

(52) WORLD WAR II VALOR IN THE PACIFIC NA-18

TIONAL MONUMENT, ALASKA, CALIFORNIA, AND HA-19

WAII.—The World War II Valor in the Pacific Na-20

tional Monument established in the States of Alaska, 21

California, and Hawaii by Presidential Proclamation 22

8327, as issued on December 5, 2008 (54 U.S.C. 23

320301 note). 24


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TITLE II—NATIONAL MONUMENT 1

ENHANCEMENT FUND 2

SEC. 201. ESTABLISHMENT OF FUND. 3

(a) ESTABLISHMENT.—There is established in the 4

Treasury a fund, to be known as the ‘‘National Monument 5

Enhancement Fund’’ (referred to in this title as the 6

‘‘Fund’’), consisting of such amounts as are appropriated 7

to the Fund under section 202. 8

(b) PURPOSES.—The purposes of the Fund are— 9

(1) to provide funds to the Bureau of Land 10

Management, the Forest Service, the National Park 11

Service, the United States Fish and Wildlife Service, 12

and the National Oceanographic and Atmospheric 13

Administration for the development of management 14

plans for national monuments designated under sec-15

tion 320301 of title 54, United States Code; 16

(2) to provide funds for the Federal acquisition 17

and development of certain land and other areas; 18

and 19

(3) to provide funds to develop and enhance the 20

recreational infrastructure on land designated as a 21

national monument under section 320301 of title 54, 22

United States Code. 23


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SEC. 202. AUTHORIZATION OF APPROPRIATIONS. 1

There is authorized to be appropriated to the Fund 2

$100,000,000 for fiscal year 2018 and each fiscal year 3

thereafter, to remain available until expended. 4

TITLE III—ESTABLISHMENT OF 5

CERTAIN WILDERNESS AREAS 6

IN THE STATE OF NEW MEX-7

ICO 8

SEC. 301. ORGAN MOUNTAINS-DESERT PEAKS CONSERVA-9

TION. 10

(a) DEFINITIONS.—In this section: 11

(1) MONUMENT.—The term ‘‘Monument’’ 12

means the Organ Mountains-Desert Peaks National 13

Monument established by Presidential Proclamation 14

9131, as issued on May 21, 2014 (54 U.S.C. 15

320301 note). 16

(2) SECRETARY.—The term ‘‘Secretary’’ means 17

the Secretary of the Interior. 18

(3) STATE.—The term ‘‘State’’ means the State 19

of New Mexico. 20

(4) WILDERNESS AREA.—The term ‘‘wilderness 21

area’’ means a wilderness area designated by sub-22

section (b)(1). 23

(b) DESIGNATION OF WILDERNESS AREAS.— 24

(1) IN GENERAL.—In accordance with the Wil-25

derness Act (16 U.S.C. 1131 et seq.), the following 26


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areas in the State are designated as wilderness and 1

as components of the National Wilderness Preserva-2

tion System: 3

(A) ADEN LAVA FLOW WILDERNESS.—Cer-4

tain land administered by the Bureau of Land 5

Management in Dona Ana County comprising 6

approximately 27,673 acres, as generally de-7

picted on the map entitled ‘‘Potrillo Mountains 8

Complex’’ and dated September 27, 2018, 9

which shall be known as the ‘‘Aden Lava Flow 10

Wilderness’’. 11

(B) BROAD CANYON WILDERNESS.—Cer-12


Management in Dona Ana County comprising 14

approximately 13,902 acres, as generally de-15

picted on the map entitled ‘‘Desert Peaks Com-16

plex’’ and dated October 1, 2018, which shall 17

be known as the ‘‘Broad Canyon Wilderness’’. 18

(C) CINDER CONE WILDERNESS.—Certain 19

land administered by the Bureau of Land Man-20

agement in Dona Ana County comprising ap-21

proximately 16,935 acres, as generally depicted 22

on the map entitled ‘‘Potrillo Mountains Com-23

plex’’ and dated September 27, 2018, which 24


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shall be known as the ‘‘Cinder Cone Wilder-1

ness’’. 2

(D) EAST POTRILLO MOUNTAINS WILDER-3

NESS.—Certain land administered by the Bu-4

reau of Land Management in Dona Ana and 5

Luna counties comprising approximately 12,155 6

acres, as generally depicted on the map entitled 7

‘‘Potrillo Mountains Complex’’ and dated Sep-8

tember 27, 2018, which shall be known as the 9

‘‘East Potrillo Mountains Wilderness’’. 10

(E) MOUNT RILEY WILDERNESS.—Certain 11


agement in Dona Ana and Luna counties com-13

prising approximately 8,382 acres, as generally 14

depicted on the map entitled ‘‘Potrillo Moun-15

tains Complex’’ and dated September 27, 2018, 16

which shall be known as the ‘‘Mount Riley Wil-17

derness’’. 18

(F) ORGAN MOUNTAINS WILDERNESS.— 19

Certain land administered by the Bureau of 20

Land Management in Dona Ana County com-21

prising approximately 19,916 acres, as gen-22

erally depicted on the map entitled ‘‘Organ 23

Mountains Area’’ and dated September 21, 24

2016, which shall be known as the ‘‘Organ 25


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Mountains Wilderness’’, the boundary of which 1

shall be offset 400 feet from the centerline of 2

Dripping Springs Road in T. 23 S., R. 04 E., 3

sec. 7, New Mexico Principal Meridian. 4

(G) POTRILLO MOUNTAINS WILDER-5

NESS.—Certain land administered by the Bu-6

reau of Land Management in Dona Ana and 7

Luna counties comprising approximately 8

105,085 acres, as generally depicted on the map 9

entitled ‘‘Potrillo Mountains Complex’’ and 10

dated September 27, 2018, which shall be 11

known as the ‘‘Potrillo Mountains Wilderness’’. 12

(H) ROBLEDO MOUNTAINS WILDERNESS.— 13




erally depicted on the map entitled ‘‘Desert 17

Peaks Complex’’ and dated October 1, 2018, 18

which shall be known as the ‘‘Robledo Moun-19

tains Wilderness’’. 20

(I) SIERRA DE LAS UVAS WILDERNESS.— 21




erally depicted on the map entitled ‘‘Desert 25


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Peaks Complex’’ and dated October 1, 2018, 1

which shall be known as the ‘‘Sierra de las 2

Uvas Wilderness’’. 3

(J) WHITETHORN WILDERNESS.—Certain 4


agement in Dona Ana and Luna counties com-6

prising approximately 9,616 acres, as generally 7

depicted on the map entitled ‘‘Potrillo Moun-8


which shall be known as the ‘‘Whitethorn Wil-10

derness’’. 11

(2) MAPS AND LEGAL DESCRIPTIONS.— 12

(A) IN GENERAL.—As soon as practicable 13

after the date of enactment of this Act, the Sec-14

retary shall file maps and legal descriptions of 15

the wilderness areas with— 16





(B) FORCE OF LAW.—The maps and legal 21

descriptions filed under subparagraph (A) shall 22

have the same force and effect as if included in 23

this Act, except that the Secretary may correct 24

errors in the maps and legal descriptions. 25


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(C) PUBLIC AVAILABILITY.—The maps 1

and legal descriptions filed under subparagraph 2

(A) shall be on file and available for public in-3

spection in the appropriate offices of the Bu-4

reau of Land Management. 5

(3) MANAGEMENT.—Subject to valid existing 6

rights, the wilderness areas shall be administered by 7

the Secretary— 8

(A) as components of the National Land-9

scape Conservation System; and 10

(B) in accordance with— 11

(i) this section; and 12

(ii) the Wilderness Act (16 U.S.C. 13

1131 et seq.), except that— 14

(I) any reference in the Wilder-15

ness Act to the effective date of that 16

Act shall be considered to be a ref-17

erence to the date of enactment of 18

this Act; and 19

(II) any reference in the Wilder-20

ness Act to the Secretary of Agri-21

culture shall be considered to be a ref-22

erence to the Secretary. 23

(4) INCORPORATION OF ACQUIRED LAND AND 24

INTERESTS IN LAND.—Any land or interest in land 25


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that is within the boundary of a wilderness area that 1

is acquired by the United States shall— 2

(A) become part of the wilderness area 3

within the boundaries of which the land is lo-4

cated; and 5

(B) be managed in accordance with— 6

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

1131 et seq.); 8

(ii) this section; and 9

(iii) any other applicable laws. 10

(5) GRAZING.—Grazing of livestock in the wil-11

derness areas, where established before the date of 12

enactment of this Act, shall be administered in ac-13

cordance with— 14

(A) section 4(d)(4) of the Wilderness Act 15

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

(B) the guidelines set forth in Appendix A 17

of the Report of the Committee on Interior and 18

Insular Affairs to accompany H.R. 2570 of the 19

101st Congress (H. Rept. 101–405). 20

(6) MILITARY OVERFLIGHTS.—Nothing in this 21

subsection restricts or precludes— 22

(A) low-level overflights of military aircraft 23

over the wilderness areas, including military 24


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overflights that can be seen or heard within the 1

wilderness areas; 2

(B) the designation of new units of special 3

airspace over the wilderness areas; or 4

(C) the use or establishment of military 5

flight training routes over the wilderness areas. 6

(7) BUFFER ZONES.— 7

(A) IN GENERAL.—Nothing in this sub-8

section creates a protective perimeter or buffer 9

zone around any wilderness area. 10

(B) ACTIVITIES OUTSIDE WILDERNESS 11

AREAS.—The fact that an activity or use on 12

land outside any wilderness area can be seen or 13

heard within the wilderness area shall not pre-14

clude the activity or use outside the boundary 15

of the wilderness area. 16

(8) PARAGLIDING.—The use of paragliding 17

within areas of the East Potrillo Mountains Wilder-18

ness designated by paragraph (1)(D) in which the 19

use has been established before the date of enact-20

ment of this Act, shall be allowed to continue in ac-21

cordance with section 4(d)(1) of the Wilderness Act 22

(16 U.S.C. 1133(d)(1)), subject to any terms and 23

conditions that the Secretary determines to be nec-24

essary. 25


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(9) CLIMATOLOGIC DATA COLLECTION.—Sub-1

ject to such terms and conditions as the Secretary 2

may prescribe, nothing in this section precludes the 3

installation and maintenance of hydrologic, meteoro-4

logic, or climatologic collection devices in wilderness 5

areas if the facilities and access to the facilities are 6

essential to flood warning, flood control, or water 7

reservoir operation activities. 8

(10) FISH AND WILDLIFE.—Nothing in this 9

section affects the jurisdiction of the State with re-10

spect to fish and wildlife located on public land in 11

the State, except that the Secretary, after consulta-12

tion with the New Mexico Department of Game and 13

Fish, may designate zones where, and establish peri-14

ods during which, no hunting or fishing shall be per-15

mitted for reasons of public safety, administration, 16

or compliance with applicable law. 17

(11) WITHDRAWALS.— 18

(A) IN GENERAL.—Subject to valid exist-19

ing rights, the Federal land within the wilder-20

ness areas and any land or interest in land that 21

is acquired by the United States in the wilder-22

ness areas after the date of enactment of this 23

Act is withdrawn from— 24


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(i) entry, appropriation, or disposal 1

under the public land laws; 2

(ii) location, entry, and patent under 3

the mining laws; and 4

(iii) operation of the mineral leasing, 5

mineral materials, and geothermal leasing 6

laws. 7

(B) PARCEL B.—The approximately 6,498 8

acres of land generally depicted as ‘‘Parcel B’’ 9

on the map entitled ‘‘Organ Mountains Area’’ 10

and dated September 21, 2016, is withdrawn in 11

accordance with subparagraph (A), except that 12

the land is not withdrawn for purposes of the 13

issuance of oil and gas pipeline or road rights- 14

of-way. 15

(C) PARCEL C.—The approximately 1,297 16

acres of land generally depicted as ‘‘Parcel C’’ 17

on the map entitled ‘‘Organ Mountains Area’’ 18

and dated September 21, 2016, is withdrawn in 19

accordance with subparagraph (A), except that 20

the land is not withdrawn from disposal under 21

the Act of June 14, 1926 (commonly known as 22

the ‘‘Recreation and Public Purposes Act’’) (43 23

U.S.C. 869 et seq.). 24

(D) PARCEL D.— 25


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(i) IN GENERAL.—The Secretary of 1

the Army shall allow for the conduct of 2

certain recreational activities on the ap-3

proximately 2,035 acres of land generally 4

depicted as ‘‘Parcel D’’ on the map enti-5

tled ‘‘Organ Mountains Area’’ and dated 6

September 21, 2016 (referred to in this 7

subparagraph as the ‘‘parcel’’), which is a 8

portion of the public land withdrawn and 9

reserved for military purposes by Public 10

Land Order 833 dated May 21, 1952 (17 11

Fed. Reg. 4822). 12

(ii) OUTDOOR RECREATION PLAN.— 13

(I) IN GENERAL.—The Secretary 14

of the Army shall develop a plan for 15

public outdoor recreation on the par-16

cel that is consistent with the primary 17

military mission of the parcel. 18

(II) REQUIREMENT.—In devel-19

oping the plan under subclause (I), 20

the Secretary of the Army shall en-21

sure, to the maximum extent prac-22

ticable, that outdoor recreation activi-23

ties may be conducted on the parcel, 24


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including hunting, hiking, wildlife 1

viewing, and camping. 2

(iii) CLOSURES.—The Secretary of the 3

Army may close the parcel or any portion 4

of the parcel to the public as the Secretary 5

of the Army determines to be necessary to 6

protect— 7

(I) public safety; or 8

(II) the safety of the military 9

members training on the parcel. 10

(iv) TRANSFER OF ADMINISTRATIVE 11

JURISDICTION; WITHDRAWAL.— 12

(I) IN GENERAL.—On a deter-13

mination by the Secretary of the 14

Army that military training capabili-15

ties, personnel safety, and installation 16

security would not be hindered as a 17

result of the transfer to the Secretary 18

of administrative jurisdiction over the 19

parcel, the Secretary of the Army 20

shall transfer to the Secretary admin-21

istrative jurisdiction over the parcel. 22

(II) WITHDRAWAL.—On transfer 23

of the parcel under subclause (I), the 24

parcel shall be— 25


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(aa) under the jurisdiction 1

of the Director of the Bureau of 2

Land Management; and 3

(bb) withdrawn from— 4

(AA) entry, appropria-5

tion, or disposal under the 6

public land laws; 7

(BB) location, entry, 8

and patent under the mining 9

laws; and 10

(CC) operation of the 11

mineral leasing, mineral ma-12

terials, and geothermal leas-13

ing laws. 14

(III) RESERVATION.—On trans-15

fer under subclause (I), the parcel 16

shall be reserved for management of 17

the resources of, and military training 18

conducted on, the parcel in accord-19

ance with a memorandum of under-20

standing entered into under clause 21

(v). 22

(v) MEMORANDUM OF UNDER-23

STANDING RELATING TO MILITARY TRAIN-24

ING.— 25


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(I) IN GENERAL.—If, after the 1

transfer of the parcel under clause 2

(iv)(I), the Secretary of the Army re-3

quests that the Secretary enter into a 4

memorandum of understanding, the 5

Secretary shall enter into a memo-6

randum of understanding with the 7

Secretary of the Army providing for 8

the conduct of military training on the 9

parcel. 10

(II) REQUIREMENTS.—The 11

memorandum of understanding en-12

tered into under subclause (I) shall— 13

(aa) address the location, 14

frequency, and type of training 15

activities to be conducted on the 16

parcel; 17

(bb) provide to the Secretary 18

of the Army access to the parcel 19

for the conduct of military train-20

ing; 21

(cc) authorize the Secretary 22

or the Secretary of the Army to 23

close the parcel or a portion of 24

the parcel to the public as the 25


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Secretary or the Secretary of the 1

Army determines to be necessary 2

to protect— 3

(AA) public safety; or 4

(BB) the safety of the 5

military members training; 6

and 7

(dd) to the maximum extent 8

practicable, provide for the pro-9

tection of natural, historic, and 10

cultural resources in the area of 11

the parcel. 12

(vi) MILITARY OVERFLIGHTS.—Noth-13

ing in this subparagraph restricts or pre-14

cludes— 15

(I) low-level overflights of mili-16

tary aircraft over the parcel, including 17

military overflights that can be seen 18

or heard within the parcel; 19

(II) the designation of new units 20

of special airspace over the parcel; or 21

(III) the use or establishment of 22

military flight training routes over the 23

parcel. 24

(12) ROBLEDO MOUNTAINS.— 25


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(A) IN GENERAL.—The Secretary shall 1

manage the Federal land described in subpara-2

graph (B) in a manner that preserves the char-3

acter of the land for the future inclusion of the 4

land in the National Wilderness Preservation 5

System. 6

(B) LAND DESCRIPTION.—The land re-7

ferred to in subparagraph (A) is certain land 8

administered by the Bureau of Land Manage-9

ment, comprising approximately 100 acres as 10

generally depicted as ‘‘Lookout Peak Commu-11

nication Site’’ on the map entitled ‘‘Desert 12

Peaks Complex’’ and dated October 1, 2018. 13

(C) USES.—The Secretary shall permit 14

only such uses on the land described in sub-15

paragraph (B) as were permitted on the date of 16

enactment of this Act. 17

(13) RELEASE OF WILDERNESS STUDY 18

AREAS.—Congress finds that, for purposes of section 19

603(c) of the Federal Land Policy and Management 20

Act of 1976 (43 U.S.C. 1782(c)), the public land in 21

Dona Ana County administered by the Bureau of 22

Land Management not designated as wilderness by 23

paragraph (1) or described in paragraph (12)— 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

(i) the Federal Land Policy and Man-7

agement Act of 1976 (43 U.S.C. 1701 et 8

seq.); 9



(14) PRIVATE LAND.—In accordance with sec-12

tion 5 of the Wilderness Act (16 U.S.C. 1134), the 13

Secretary shall ensure adequate access to non-Fed-14

eral land located within the boundary of a wilderness 15

area. 16

(c) BORDER SECURITY.— 17

(1) IN GENERAL.—Nothing in this section— 18

(A) prevents the Secretary of Homeland 19

Security from undertaking law enforcement and 20

border security activities, in accordance with 21

section 4(c) of the Wilderness Act (16 U.S.C. 22

1133(c)), within the wilderness areas, including 23

the ability to use motorized access within a wil-24

derness area while in pursuit of a suspect; 25


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(B) affects the 2006 Memorandum of Un-1

derstanding among the Department of Home-2

land Security, the Department of the Interior, 3

and the Department of Agriculture regarding 4

cooperative national security and counterter-5

rorism efforts on Federal land along the bor-6

ders of the United States; or 7

(C) prevents the Secretary of Homeland 8

Security from conducting any low-level over-9

flights over the wilderness areas that may be 10

necessary for law enforcement and border secu-11

rity purposes. 12

(2) WITHDRAWAL AND ADMINISTRATION OF 13

CERTAIN AREA.— 14

(A) WITHDRAWAL.—The area identified as 15

‘‘Parcel A’’ on the map entitled ‘‘Potrillo Moun-16


is withdrawn in accordance with subsection 18

(b)(11)(A). 19

(B) ADMINISTRATION.—Except as pro-20

vided in subparagraphs (C) and (D), the Sec-21

retary shall administer the area described in 22

subparagraph (A) in a manner that, to the 23

maximum extent practicable, protects the wil-24

derness character of the area. 25


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(C) USE OF MOTOR VEHICLES.—The use 1

of motor vehicles, motorized equipment, and 2

mechanical transport shall be prohibited in the 3

area described in subparagraph (A) except as 4

necessary for— 5

(i) the administration of the area (in-6

cluding the conduct of law enforcement 7

and border security activities in the area); 8

or 9

(ii) grazing uses by authorized permit-10

tees. 11

(D) EFFECT OF SUBSECTION.—Nothing in 12

this paragraph precludes the Secretary from al-13

lowing within the area described in subpara-14

graph (A) the installation and maintenance of 15

communication or surveillance infrastructure 16

necessary for law enforcement or border secu-17

rity activities. 18

(3) RESTRICTED ROUTE.—The route excluded 19

from the Potrillo Mountains Wilderness identified as 20

‘‘Restricted—Administrative Access’’ on the map en-21

titled ‘‘Potrillo Mountains Complex’’ and dated Sep-22

tember 27, 2018, shall be— 23

(A) closed to public access; but 24


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(B) available for administrative and law 1

enforcement uses, including border security ac-2

tivities. 3

(d) ORGAN MOUNTAINS-DESERT PEAKS NATIONAL 4

MONUMENT.— 5

(1) MANAGEMENT PLAN.—In preparing and im-6

plementing the management plan for the Monument, 7

the Secretary shall include a watershed health as-8

sessment to identify opportunities for watershed res-9

toration. 10

(2) INCORPORATION OF ACQUIRED STATE 11

TRUST LAND AND INTERESTS IN STATE TRUST 12

LAND.— 13

(A) IN GENERAL.—Any land or interest in 14

land that is within the State trust land de-15

scribed in subparagraph (B) that is acquired by 16

the United States shall— 17

(i) become part of the Monument; and 18

(ii) be managed in accordance with— 19

(I) Presidential Proclamation 20

9131, as issued on May 21, 2014 (54 21

U.S.C. 320301 note); 22

(II) this section; and 23

(III) any other applicable laws. 24


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(B) DESCRIPTION OF STATE TRUST 1

LAND.—The State trust land referred to in sub-2

paragraph (A) is the State trust land in T. 22 3

S., R. 01 W., New Mexico Principal Meridian 4

and T. 22 S., R. 02 W., New Mexico Principal 5

Meridian. 6

(3) LAND EXCHANGES.— 7

(A) IN GENERAL.—Subject to subpara-8

graphs (C) through (F), the Secretary shall at-9

tempt to enter into an agreement to initiate an 10

exchange under section 2201.1 of title 43, Code 11

of Federal Regulations (or successor regula-12

tions), with the Commissioner of Public Lands 13

of New Mexico, by the date that is 18 months 14

after the date of enactment of this Act, to pro-15

vide for a conveyance to the State of all right, 16

title, and interest of the United States in and 17

to Bureau of Land Management land in the 18

State identified under subparagraph (B) in ex-19

change for the conveyance by the State to the 20

Secretary of all right, title, and interest of the 21

State in and to parcels of State trust land with-22

in the boundary of the Monument identified 23

under that subparagraph or described in para-24

graph (2)(B). 25


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(B) IDENTIFICATION OF LAND FOR EX-1

CHANGE.—The Secretary and the Commissioner 2

of Public Lands of New Mexico shall jointly 3

identify the Bureau of Land Management land 4

and State trust land eligible for exchange under 5

this paragraph, the exact acreage and legal de-6

scription of which shall be determined by sur-7

veys approved by the Secretary and the New 8

Mexico State Land Office. 9

(C) APPLICABLE LAW.—A land exchange 10

under subparagraph (A) shall be carried out in 11

accordance with section 206 of the Federal 12

Land Policy and Management Act of 1976 (43 13

U.S.C. 1716). 14

(D) CONDITIONS.—A land exchange under 15

subparagraph (A) shall be subject to— 16

(i) valid existing rights; and 17

(ii) such terms as the Secretary and 18

the State shall establish. 19

(E) VALUATION, APPRAISALS, AND 20

EQUALIZATION.— 21

(i) IN GENERAL.—The value of the 22

Bureau of Land Management land and the 23

State trust land to be conveyed in a land 24

exchange under this paragraph— 25


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(I) shall be equal, as determined 1

by appraisals conducted in accordance 2

with clause (ii); or 3

(II) if not equal, shall be equal-4

ized in accordance with clause (iii). 5

(ii) APPRAISALS.— 6

(I) IN GENERAL.—The Bureau of 7

Land Management land and State 8

trust land to be exchanged under this 9

paragraph shall be appraised by an 10

independent, qualified appraiser that 11

is agreed to by the Secretary and the 12

State. 13

(II) REQUIREMENTS.—An ap-14

praisal under subclause (I) shall be 15

conducted in accordance with— 16

(aa) the Uniform Appraisal 17

Standards for Federal Land Ac-18

quisitions; and 19

(bb) the Uniform Standards 20

of Professional Appraisal Prac-21

tice. 22

(iii) EQUALIZATION.— 23

(I) IN GENERAL.—If the value of 24

the Bureau of Land Management land 25


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and the State trust land to be con-1

veyed in a land exchange under this 2

paragraph is not equal, the value may 3

be equalized by— 4

(aa) making a cash equali-5

zation payment to the Secretary 6

or to the State, as appropriate, in 7

accordance with section 206(b) of 8

the Federal Land Policy and 9

Management Act of 1976 (43 10

U.S.C. 1716(b)); or 11

(bb) reducing the acreage of 12

the Bureau of Land Management 13

land or State trust land to be ex-14

changed, as appropriate. 15

(II) CASH EQUALIZATION PAY-16

MENTS.—Any cash equalization pay-17

ments received by the Secretary under 18

subclause (I)(aa) shall be— 19

(aa) deposited in the Fed-20

eral Land Disposal Account es-21

tablished by section 206(a) of the 22

Federal Land Transaction Facili-23

tation Act (43 U.S.C. 2305(a)); 24

and 25


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(bb) used in accordance with 1

that Act. 2

(F) LIMITATION.—No exchange of land 3

shall be conducted under this paragraph unless 4

mutually agreed to by the Secretary and the 5

State. 6

SEC. 302. CERRO DEL YUTA AND RIO SAN ANTONIO WIL-7

DERNESS AREAS. 8

(a) DEFINITIONS.—In this section: 9

(1) MAP.—The term ‘‘map’’ means the map en-10

titled ‘‘Rıo Grande del Norte National Monument 11

Proposed Wilderness Areas’’ and dated July 28, 12

2015. 13




area’’ means a wilderness area designated by sub-17

section (b)(1). 18

(b) DESIGNATION OF CERRO DEL YUTA AND RIO 19

SAN ANTONIO WILDERNESS AREAS.— 20

(1) IN GENERAL.—In accordance with the Wil-21

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

areas in the Rıo Grande del Norte National Monu-23

ment are designated as wilderness and as compo-24


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nents of the National Wilderness Preservation Sys-1

tem: 2

(A) CERRO DEL YUTA WILDERNESS.—Cer-3


Management in Taos County, New Mexico, 5

comprising approximately 13,420 acres as gen-6

erally depicted on the map, which shall be 7

known as the ‘‘Cerro del Yuta Wilderness’’. 8

(B) RIO SAN ANTONIO WILDERNESS.—Cer-9


Management in Rıo Arriba County, New Mex-11

ico, comprising approximately 8,120 acres, as 12

generally depicted on the map, which shall be 13

known as the ‘‘Rıo San Antonio Wilderness’’. 14

(2) MANAGEMENT OF WILDERNESS AREAS.— 15

Subject to valid existing rights, the wilderness areas 16

shall be administered in accordance with the Wilder-17

ness Act (16 U.S.C. 1131 et seq.) and this section, 18

except that with respect to the wilderness areas des-19

ignated by this section— 20

(A) any reference to the effective date of 21

the Wilderness Act shall be considered to be a 22

reference to the date of enactment of this Act; 23

and 24


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(B) any reference in the Wilderness Act to 1

the Secretary of Agriculture shall be considered 2

to be a reference to the Secretary. 3

(3) INCORPORATION OF ACQUIRED LAND AND 4

INTERESTS IN LAND.—Any land or interest in land 5

within the boundary of the wilderness areas that is 6

acquired by the United States shall— 7

(A) become part of the wilderness area in 8

which the land is located; and 9

(B) be managed in accordance with— 10

(i) the Wilderness Act (16 U.S.C. 11

1131 et seq.); 12



(4) GRAZING.—Grazing of livestock in the wil-15

derness areas, where established before the date of 16

enactment of this Act, shall be administered in ac-17

cordance with— 18

(A) section 4(d)(4) of the Wilderness Act 19

(16 U.S.C. 1133(d)(4)); and 20

(B) the guidelines set forth in appendix A 21

of the Report of the Committee on Interior and 22

Insular Affairs to accompany H.R. 2570 of the 23

101st Congress (H. Rept. 101–405). 24

(5) BUFFER ZONES.— 25


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

creates a protective perimeter or buffer zone 2

around the wilderness areas. 3

(B) ACTIVITIES OUTSIDE WILDERNESS 4

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

land outside a 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

(6) RELEASE OF WILDERNESS STUDY AREAS.— 10

Congress finds that, for purposes of section 603(c) 11

of the Federal Land Policy and Management Act of 12

1976 (43 U.S.C. 1782(c)), the public land within the 13

San Antonio Wilderness Study Area not designated 14

as wilderness by this subsection— 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

title I. 22

(7) MAPS AND LEGAL DESCRIPTIONS.— 23

(A) IN GENERAL.—As soon as practicable 24

after the date of enactment of this Act, the Sec-25


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retary shall file the map and legal descriptions 1

of the wilderness areas with— 2





(B) FORCE OF LAW.—The map and legal 7

descriptions filed under subparagraph (A) shall 8

have the same force and effect as if included in 9

this Act, except that the Secretary may correct 10

errors in the legal description and map. 11

(C) PUBLIC AVAILABILITY.—The map and 12

legal descriptions filed under subparagraph (A) 13

shall be on file and available for public inspec-14

tion in the appropriate offices of the Bureau of 15

Land Management. 16

(8) NATIONAL LANDSCAPE CONSERVATION SYS-17

TEM.—The wilderness areas shall be administered as 18

components of the National Landscape Conservation 19

System. 20

(9) FISH AND WILDLIFE.—Nothing in this sec-21

tion affects the jurisdiction of the State of New 22

Mexico with respect to fish and wildlife located on 23

public land in the State. 24


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(10) WITHDRAWALS.—Subject to valid existing 1

rights, any Federal land within the wilderness areas 2

designated by paragraph (1), including any land or 3

interest in land that is acquired by the United 4

States after the date of enactment of this Act, is 5

withdrawn from— 6

(A) entry, appropriation, or disposal under 7

the public land laws; 8

(B) location, entry, and patent under the 9

mining laws; and 10

(C) operation of the mineral leasing, min-11

eral materials, and geothermal leasing laws. 12

(11) TREATY RIGHTS.—Nothing in this section 13

enlarges, diminishes, or otherwise modifies any trea-14

ty rights. 15

TITLE IV—DESIGNATION OF WIL-16

DERNESS AREAS IN CLARK 17

COUNTY, NEVADA 18

SEC. 401. FINDINGS. 19

Congress finds that— 20

(1) public land administered by the Bureau of 21

Land Management in the County contains unique 22

and spectacular natural, cultural, and historical re-23

sources, including— 24


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(A) priceless habitat for numerous species 1

of plants and wildlife; 2

(B) thousands of acres of land that remain 3

in a natural state; and 4

(C) numerous sites containing significant 5

cultural and historical artifacts; and 6

(2) continued preservation of the public land 7

would benefit the County and all of the United 8

States by— 9

(A) ensuring the conservation of eco-10

logically diverse habitat; 11

(B) protecting prehistoric cultural re-12

sources; 13

(C) conserving primitive recreational re-14

sources; and 15

(D) protecting air and water quality. 16

SEC. 402. DEFINITIONS. 17

In this title: 18

(1) COUNTY.—The term ‘‘County’’ means Clark 19

County, Nevada. 20

(2) MAP.—The term ‘‘Map’’ means the map en-21

titled ‘‘Gold Butte National Conservation Area’’ and 22

dated May 23, 2013. 23

(3) PUBLIC LAND.—The term ‘‘public land’’ 24

has the meaning given the term ‘‘public lands’’ in 25


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section 103 of the Federal Land Policy and Manage-1

ment Act of 1976 (43 U.S.C. 1702). 2



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

of Nevada. 6


area’’ means a wilderness area designated by section 8

403(a). 9

SEC. 403. ADDITIONS TO NATIONAL WILDERNESS PRESER-10

VATION SYSTEM. 11

(a) ADDITIONS.—In furtherance of the Wilderness 12

Act (16 U.S.C. 1131 et seq.), the following public land 13

administered by the Bureau of Land Management in the 14

County is designated as wilderness and as components of 15

the National Wilderness Preservation System: 16

(1) VIRGIN PEAK WILDERNESS.—Certain public 17

land managed by the Bureau of Land Management, 18

comprising approximately 18,296 acres, as generally 19

depicted on the Map, which shall be known as the 20

‘‘Virgin Peak Wilderness’’. 21

(2) BLACK RIDGE WILDERNESS.—Certain pub-22

lic land managed by the Bureau of Land Manage-23

ment, comprising approximately 18,192 acres, as 24


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generally depicted on the Map, which shall be known 1

as the ‘‘Black Ridge Wilderness’’. 2

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

tain public land managed by the Bureau of Land 4

Management comprising approximately 15,114 5

acres, as generally depicted on the Map, which shall 6

be known as the ‘‘Bitter Ridge North Wilderness’’. 7

(4) BITTER RIDGE SOUTH WILDERNESS.—Cer-8

tain public land managed by the Bureau of Land 9

Management, comprising approximately 12,646 10

acres, as generally depicted on the Map, which shall 11

be known as the ‘‘Bitter Ridge Wilderness’’. 12

(5) BILLY GOAT PEAK WILDERNESS.—Certain 13

public land managed by the Bureau of Land Man-14

agement, comprising approximately 30,460 acres, as 15


as the ‘‘Billy Goat Peak Wilderness’’. 17

(6) MILLION HILLS WILDERNESS.—Certain 18

public land managed by the Bureau of Land Man-19

agement, comprising approximately 24,818 acres, as 20


as the ‘‘Million Hills Wilderness’’. 22

(7) LIME CANYON WILDERNESS ADDITIONS.— 23

Certain public land managed by the Bureau of Land 24

Management, comprising approximately 10,069 25


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acres, as generally depicted on the Map, which is in-1

corporated in, and shall be managed as part of, the 2

‘‘Lime Canyon Wilderness’’ designated by section 3

202(a)(9) of the Clark County Conservation of Pub-4

lic Land and Natural Resources Act of 2002 (16 5

U.S.C. 1132 note; Public Law 107–282). 6

(b) NATIONAL LANDSCAPE CONSERVATION SYS-7

TEM.—The wilderness areas shall be administered as com-8

ponents of the National Landscape Conservation System. 9

(c) ROAD OFFSET.—The boundary of any portion of 10

a wilderness area that is bordered by a road shall be at 11

least 100 feet away from the centerline of the road so as 12

not to interfere with public access. 13

(d) MAP AND LEGAL DESCRIPTION.— 14

(1) IN GENERAL.—As soon as practicable after 15

the date of enactment of this Act, the Secretary 16

shall file a map and legal description of each wilder-17

ness area with the Committee on Natural Resources 18

of the House of Representatives and the Committee 19

on Energy and Natural Resources of the Senate. 20

(2) EFFECT.—Each map and legal description 21

under paragraph (1) shall have the same force and 22

effect as if included in this title, except that the Sec-23

retary may correct clerical and typographical errors 24

in the map or legal description. 25


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(3) AVAILABILITY.—Each map and legal de-1

scription under paragraph (1) shall be on file and 2

available for public inspection in the appropriate of-3

fices of the Bureau of Land Management. 4

SEC. 404. ADMINISTRATION. 5

(a) MANAGEMENT.—Subject to valid existing rights, 6

the wilderness areas shall be administered by the Sec-7

retary in accordance with the Wilderness Act (16 U.S.C. 8

1131 et seq.), except that— 9

(1) any reference in that Act to the effective 10

date of that Act shall be considered to be a reference 11

to the date of enactment of this Act; and 12

(2) any reference in that Act to the Secretary 13

of Agriculture shall be considered to be a reference 14

to the Secretary. 15

(b) INCORPORATION OF ACQUIRED LAND AND IN-16

TERESTS.—Any land or interest in land within the bound-17

aries of a wilderness area that is acquired by the United 18

States after the date of enactment of this Act shall be 19

added to, and administered as part of, the wilderness area 20

within which the acquired land or interest is located. 21

(c) WATER RIGHTS.— 22

(1) FINDINGS.—Congress finds that— 23

(A) the land designated as a wilderness 24

area— 25


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(i) is within the Mojave Desert; 1

(ii) is arid in nature; and 2

(iii) includes ephemeral streams; 3

(B) the hydrology of the land designated 4

as a wilderness area is locally characterized by 5

complex flow patterns and alluvial fans with im-6

permanent channels; 7

(C) the subsurface hydrogeology of the re-8

gion within which the land designated as a wil-9

derness area is located is characterized by 10

ground water subject to local and regional flow 11

gradients and artesian aquifers; 12

(D) the land designated as a wilderness 13

area is generally not suitable for use or develop-14

ment of new water resource facilities; 15

(E) there are no actual or proposed water 16

resource facilities and no opportunities for di-17

version, storage, or other uses of water occur-18

ring outside the land designated as a wilderness 19

area that would adversely affect the wilderness 20

or other values of the land; and 21

(F) because of the unique nature and hy-22

drology of the desert land designated as a wil-23

derness area and the existence of the Clark 24

County Multi-Species Habitat Conservation 25


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Plan, it is possible to provide for proper man-1

agement and protection of the wilderness, pe-2

rennial springs, and other values of the land in 3

ways different than the methods used in other 4

laws. 5

(2) STATUTORY CONSTRUCTION.— 6

(A) NO RESERVATION.—Nothing in this 7

title constitutes an express or implied reserva-8

tion by the United States of any water or water 9

rights with respect to the land designated as a 10

wilderness area. 11

(B) STATE RIGHTS.—Nothing in this title 12

affects any water rights in the State existing on 13

the date of enactment of this Act, including any 14

water rights held by the United States. 15

(C) NO PRECEDENT.—Nothing in this sub-16

section establishes a precedent with regard to 17

any future wilderness designations. 18

(D) NO EFFECT ON COMPACTS.—Nothing 19

in this title limits, alters, modifies, or amends 20

any of the interstate compacts or equitable ap-21

portionment decrees that apportion water 22

among and between the State and other States. 23

(E) CLARK COUNTY MULTI-SPECIES HABI-24

TAT CONSERVATION PLAN.—Nothing in this 25


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title limits, alters, modifies, or amends the 1

Clark County Multi-Species Habitat Conserva-2

tion Plan with respect to the land designated as 3

a wilderness area, including specific manage-4

ment actions for the conservation of perennial 5

springs. 6

(3) NEVADA WATER LAW.—The Secretary shall 7

follow the procedural and substantive requirements 8

of State law in order to obtain and hold any water 9

rights not in existence on the date of enactment of 10

this Act with respect to the land designated as a wil-11

derness area. 12

(4) NEW PROJECTS.— 13

(A) DEFINITION.— 14

(i) IN GENERAL.—In this paragraph, 15

the term ‘‘water resource facility’’ means 16

irrigation and pumping facilities, res-17

ervoirs, water conservation works, aque-18

ducts, canals, ditches, pipelines, wells, hy-19

dropower projects, and transmission and 20

other ancillary facilities, and other water 21

diversion, storage, and carriage structures. 22

(ii) EXCLUSION.—In this paragraph, 23

the term ‘‘water resource facility’’ does not 24

include wildlife guzzlers. 25


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(B) NO LICENSES OR PERMITS.—Except 1

as otherwise provided in this title, on and after 2

the date of enactment of this Act, neither the 3

President nor any other officer, employee, or 4

agent of the United States shall fund, assist, 5

authorize, or issue a license or permit for the 6

development of any new water resource facility 7

within the land designated as a wilderness area. 8

(d) WITHDRAWAL.—Subject to valid existing rights, 9

any Federal land within the wilderness areas, including 10

any land or interest in land that is acquired by the United 11

States within the Gold Butte National Monument after 12

the date of enactment of this Act, is withdrawn from— 13

(1) entry, appropriation, or disposal under the 14

public land laws; 15

(2) location, entry, and patent under the mining 16

laws; and 17

(3) operation of the mineral leasing, mineral 18

materials, and geothermal leasing laws. 19

SEC. 405. ADJACENT MANAGEMENT. 20

(a) NO BUFFER ZONES.—Congress does not intend 21

for the designation of land as wilderness areas to lead to 22

the creation of protective perimeters or buffer zones 23

around the wilderness areas. 24


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(b) NONWILDERNESS ACTIVITIES.—The fact that 1

nonwilderness activities or uses can be seen or heard from 2

areas within a wilderness area shall not preclude the con-3

duct of those activities or uses outside the boundary of 4

the wilderness area. 5

SEC. 406. MILITARY, LAW ENFORCEMENT, AND EMERGENCY 6

OVERFLIGHTS. 7

Nothing in this title restricts or precludes— 8

(1) low-level overflights of military, law enforce-9

ment, or emergency medical services aircraft over 10

the area designated as wilderness by this title, in-11

cluding military, law enforcement, or emergency 12

medical services overflights that can be seen or 13

heard within the wilderness area; 14

(2) flight testing and evaluation; or 15

(3) the designation or creation of new units of 16

special use airspace, or the establishment of military, 17

law enforcement, or emergency medical services 18

flight training routes, over the wilderness area. 19

SEC. 407. RELEASE OF WILDERNESS STUDY AREAS. 20

(a) FINDING.—Congress finds that, for the purposes 21

of section 603 of the Federal Land Policy and Manage-22

ment Act of 1976 (43 U.S.C. 1782), the Bureau of Land 23

Management land in any portion of the wilderness study 24

areas located within the Gold Butte National Monument 25


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not designated as a wilderness area has been adequately 1

studied for wilderness designation. 2

(b) RELEASE.—Any Bureau of Land Management 3

land described in subsection (a) that is not designated as 4

a wilderness area— 5

(1) is no longer subject to section 603(c) of the 6

Federal Land Policy and Management Act of 1976 7

(43 U.S.C. 1782(c)); 8

(2) shall be managed in accordance with— 9

(A) the land management plans adopted 10

under section 202 of that Act (43 U.S.C. 11

1712); and 12

(B) cooperative conservation agreements in 13

existence on the date of enactment of this Act; 14

and 15

(3) shall be subject to— 16

(A) the Endangered Species Act of 1973 17

(16 U.S.C. 1531 et seq.); and 18

(B) title I. 19

SEC. 408. NATIVE AMERICAN CULTURAL AND RELIGIOUS 20

USES. 21

Nothing in this title diminishes— 22

(1) the rights of any Indian Tribe; or 23


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(2) Tribal rights regarding access to Federal 1

land for Tribal activities, including spiritual, cul-2

tural, and traditional food-gathering activities. 3

SEC. 409. WILDLIFE MANAGEMENT. 4

(a) IN GENERAL.—In accordance with section 5

4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), 6

nothing in this title affects or diminishes the jurisdiction 7

of the State with respect to fish and wildlife management, 8

including the regulation of hunting, fishing, and trapping, 9

in the wilderness areas. 10

(b) MANAGEMENT ACTIVITIES.— 11

(1) IN GENERAL.—In furtherance of the pur-12

poses and principles of the Wilderness Act (16 13

U.S.C. 1131 et seq.), management activities to 14

maintain or restore fish and wildlife populations and 15

the habitats to support the populations may be car-16

ried out within the wilderness areas, if the activi-17

ties— 18

(A) are consistent with relevant wilderness 19

management plans; and 20

(B) are carried out in accordance with ap-21

propriate policies, such as those set forth in Ap-22

pendix B of House Report 101–405. 23

(2) USE OF MOTORIZED VEHICLES.—The man-24

agement activities under paragraph (1) may include 25


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the occasional and temporary use of motorized vehi-1

cles, if the use, as determined by the Secretary, 2

would— 3

(A) promote healthy, viable, and more nat-4

urally distributed wildlife populations that 5

would enhance wilderness values; and 6

(B) accomplish the purposes described in 7

subparagraph (A) with the minimum impact 8

necessary to reasonably accomplish the task. 9

(c) EXISTING ACTIVITIES.—Consistent with section 10

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and 11

in accordance with appropriate policies such as those set 12

forth in Appendix B of House Report 101–405, the State 13

may continue to use aircraft (including helicopters) to sur-14

vey, capture, transplant, monitor, and provide water for 15

wildlife populations, including bighorn sheep, and feral 16

stock, horses, and burros. 17

(d) WILDLIFE WATER DEVELOPMENT PROJECTS.— 18

Subject to subsection (f), the Secretary shall authorize 19

structures and facilities, including existing structures and 20

facilities, for wildlife water development projects, including 21

guzzlers, in the wilderness areas if— 22

(1) the structures and facilities will, as deter-23

mined by the Secretary, enhance wilderness values 24


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by promoting healthy, viable and more naturally dis-1

tributed wildlife populations; and 2

(2) the visual impacts of the structures and fa-3

cilities on the wilderness areas can reasonably be 4

minimized. 5

(e) HUNTING, FISHING, AND TRAPPING.— 6

(1) IN GENERAL.—The Secretary may des-7

ignate, by regulation, areas in which, and establish 8

periods during which, for reasons of public safety, 9

administration, or compliance with applicable laws, 10

no hunting, fishing, or trapping will be permitted in 11

the wilderness areas. 12

(2) CONSULTATION.—Except in emergencies, 13

the Secretary shall consult with the appropriate 14

State agency before promulgating regulations under 15

paragraph (1). 16

(f) COOPERATIVE AGREEMENT.—The State, includ-17

ing a designee of the State, may conduct wildlife manage-18

ment activities in the wilderness areas— 19

(1) in accordance with the terms and conditions 20

specified in the cooperative agreement between the 21

Secretary and the State entitled ‘‘Memorandum of 22

Understanding between the Bureau of Land Man-23

agement and the Nevada Department of Wildlife 24

Supplement No. 9’’ and signed November and De-25


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cember 2003, including any amendments to the co-1

operative agreement agreed to by the Secretary and 2

the State; and 3

(2) subject to all applicable laws (including reg-4

ulations). 5

SEC. 410. WILDFIRE, INSECT, AND DISEASE MANAGEMENT. 6

(a) IN GENERAL.—In accordance with section 7

4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the 8

Secretary may take such measures in each wilderness area 9

as the Secretary determines to be necessary for the control 10

of fire, insects, and diseases (including, as the Secretary 11

determines to be appropriate, the coordination of the ac-12

tivities with a State or local agency). 13

(b) EFFECT.—Nothing in this title precludes a Fed-14

eral, State, or local agency from conducting wildfire man-15

agement operations (including operations using aircraft or 16

mechanized equipment) in accordance with section 4(d)(1) 17

of the Wilderness Act (16 U.S.C. 1133(d)(1)). 18

SEC. 411. CLIMATOLOGICAL DATA COLLECTION. 19

Subject to such terms and conditions as the Secretary 20

may require, nothing in this title precludes the installation 21

and maintenance of hydrologic, meteorologic, or climato-22

logical collection devices in the wilderness areas if the fa-23

cilities and access to the facilities are essential to flood 24


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warning, flood control, and water reservoir operation ac-1

tivities. 2

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TH S H. R. 1050 - Congress · SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be...

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Transcript of TH S H. R. 1050 - Congress · SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This Act may be...