H.R. 4334 (112th): Organ Mountains National Monument Establishment Act

112th Congress, 2011–2013. Text as of Mar 29, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 4334

IN THE HOUSE OF REPRESENTATIVES

March 29, 2012

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To establish a monument in Dona Ana County, New Mexico, and for other purposes.

1.

Short title

This Act may be cited as the Organ Mountains National Monument Establishment Act.

2.

Definitions

For the purposes of this Act:

(1)

City

The term City means the city of Las Cruces, New Mexico.

(2)

County

The term County means Dona Ana County, New Mexico.

(3)

Management plan

The term management plan means the management plan developed pursuant to this Act.

(4)

Map

The term map means the map titled Organ Mountains National Monument and dated March 28, 2012.

(5)

Monument

The term “monument” means the national monument established by this Act.

(6)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(7)

State director

The term State Director means the New Mexico State Director of the Bureau of Land Management.

(8)

State

The term State means the State of New Mexico.

3.

Water rights

Nothing in this Act shall—

(1)

constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the lands within the monument; or

(2)

affect any water rights existing on the date of the enactment of this Act, including any water right held by the United States.

4.

Establishment of monument

(a)

In general

There is established the Organ Mountains monument in the State.

(b)

Area included

The monument shall consist of the approximately 58,512 acres of public land in Dona Ana County in the State, as generally depicted on the map.

5.

Purposes

The purposes of the monument are to conserve, protect, and enhance the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, livestock, watershed, educational, recreational, and scenic resources of the monument for the benefit and enjoyment of present and future generations.

6.

Management of monument

(a)

In general

The Secretary shall manage the monument—

(1)

in a manner that conserves, protects, and enhances the resources of the monument; and

(2)

in accordance with—

(A)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);

(B)

this Act; and

(C)

any other applicable laws.

(b)

Uses

(1)

In general

The Secretary shall allow only such uses of the monument that the Secretary determines would further the purposes described in section 5.

(2)

Use of motorized vehicles

Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the monument shall be permitted only on roads designated for use by motorized vehicles in the management plan. Nothing in this Act precludes the use of motorized vehicles or mechanical equipment for the construction or maintenance of range improvements or the performance of standard ranching operations or for the construction, maintenance, operation, or management of flood control or water conservation systems.

(3)

New roads

No additional road shall be built within the monument after the date of the enactment of this Act unless the Secretary determines that the road is necessary for public safety or natural resource protection.

(c)

Grazing

The Secretary shall issue any grazing leases or permits in the monument in accordance with the same laws and executive orders that apply to issuance by the Secretary of grazing leases and permits on other land under the jurisdiction of the Bureau of Land Management.

(d)

Utility right-of-ways

Nothing in this section precludes the Secretary from authorizing, renewing or upgrading (including widening) a utility right-of-way through the monument in a manner that minimizes harm to the purposes of the monument in accordance with—

(1)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(2)

any other applicable law; and

(3)

such terms and conditions as the Secretary determines to be appropriate.

7.

Management plan

(a)

In general

Not later than 3 years after the date of the enactment of this Act, the Secretary shall develop a management plan for the monument.

(b)

Consultation

The management plan shall be developed in consultation with—

(1)

State, tribal, and local governments;

(2)

the public; and

(3)

interested Federal agencies.

8.

General provisions

(a)

Map and legal description

(1)

In general

As soon as practicable after the date of the enactment of this Act, the Secretary shall file the map and legal description of the monument.

(2)

Force and effect

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the map and legal description.

(3)

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of—

(A)

the Bureau of Land Management;

(B)

the Office of the County Clerk of Dona Ana County, New Mexico.

(4)

Fish and wildlife

Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State.

(5)

No buffer zones

(A)

In general

There shall be no buffer zone around a monument.

(B)

Activities outside the monument

The fact that an activity or use of land is not permitted on land within a monument shall not preclude the activity or use outside the boundary of the monument or on private or State land within the monument, consistent with other applicable laws.

(6)

Withdrawals

Subject to valid existing rights (including lease rights), all Federal land within the monument and any land and interests in land acquired for the monument by the United States after the date of the enactment of this Act are withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

operation of the mineral leasing, mineral materials, and geothermal leasing laws.

9.

Release of wilderness study area

For purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), the Federal land in the following has been adequately studied for wilderness designation and shall no longer be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)):

(1)

The Organ Mountains Wilderness Study Area.

(2)

The Organ Needles Wilderness Study Area.

(3)

The Pena Blanca Wilderness Study Area.

10.

National landscape conservation system

The monument designated by this Act shall be administered as a component of the National Landscape Conservation System.