II
Calendar No. 631
113th CONGRESS
2d Session
S. 776
[Report No. 113–291]
IN THE SENATE OF THE UNITED STATES
April 22, 2013
Mr. Udall of New Mexico (for himself and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
December 10, 2014
Reported by Ms. Landrieu, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
To establish the Columbine-Hondo Wilderness in the State of New Mexico, to provide for the conveyance of certain parcels of National Forest System land in the State, and for other purposes.
Short title; table of contents
Short title
This Act may be cited
as the Columbine-Hondo Wilderness
Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Addition to the National Wilderness Preservation System
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
Sec. 103. Authorization of appropriations.
TITLE II—Land conveyances and sales
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
Definitions
In this Act:
Red River Conveyance Map
The term Red River Conveyance Map
means the map entitled Town of Red River Town Site Act Proposal
and dated April 19, 2012.
Secretary
The term Secretary means the Secretary of Agriculture.
State
The
term State
means the State of New Mexico.
Town
The term Town means the town of Red River, New Mexico.
Village
The term Village means the village of Taos Ski Valley, New Mexico.
Wilderness
The
term Wilderness
means the Columbine-Hondo Wilderness designated
by section 101(a).
Wilderness map
The term Wilderness Map
means the map entitled
Columbine-Hondo, Wheeler Peak Wilderness
and dated April 25,
2012.
Addition to the National Wilderness Preservation System
Designation of the Columbine-Hondo Wilderness
In general
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the approximately 45,000 acres of land in the Carson National
Forest in
the State, as generally depicted on the Wilderness Map, is designated as
wilderness and as a component of the National Wilderness Preservation
System,
which shall be known as the Columbine-Hondo Wilderness
.
Management
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
Incorporation of acquired land and interests in land
Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall—
become part of the Wilderness; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this section; and
any other applicable laws.
Grazing
Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be administered in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Columbine-Hondo wilderness study area
Finding
Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 (16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subsection (a) has been adequately reviewed for wilderness designation.
Applicability
The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96–550 (16 U.S.C. 1132 note; 94 Stat. 3223).
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness.
Force of law
The maps and legal descriptions prepared 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 maps and legal descriptions.
Public availability
The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
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, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones in which, and establish periods during which, hunting or fishing shall not be allowed for reasons of public safety, administration, the protection for nongame species and associated habitats, or public use and enjoyment.
Withdrawals
Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Wheeler Peak Wilderness boundary modification
In general
The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map.
Withdrawal
Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this title.
Land conveyances and sales
Town of Red River land conveyance
In general
Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act.
Description of land
The parcels of Federal land referred to in subsection (a)
are the parcels of National Forest System land (including any improvements
to
the land) in Taos County, New Mexico, that are identified as Parcel
1
, Parcel 2
, Parcel 3
, and Parcel
4
on the Red River Conveyance Map.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights;
public
rights-of-way through Parcel 1
, Parcel 3
, and
Parcel 4
;
an administrative
right-of-way through Parcel 2
reserved to the United States;
and
such additional terms and conditions as the Secretary may require.
Use of land
As a condition of the conveyance under subsection (a), the Town shall use—
Parcel
1
for a wastewater treatment plant;
Parcel
2
for a cemetery;
Parcel
3
for a public park; and
Parcel
4
for a public road.
Reversion
In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d).
Survey; Administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The Town shall pay the reasonable survey and other administrative costs associated with the conveyance.
Village of Taos Ski Valley land conveyance
In general
Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act.
Description of land
The parcel of Federal land referred to in subsection (a) is
the parcel comprising approximately 4.6 acres of National Forest System
land
(including any improvements to the land) in Taos County generally depicted
as
Parcel 1
on the map entitled Village of Taos Ski Valley
Town Site Act Proposal
and dated April 19, 2012.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights;
an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and
such additional terms and conditions as the Secretary may require.
Use of land
As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant.
Reversion
In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d).
Survey; administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The Village shall pay the reasonable survey and other administrative costs associated with the conveyance.
Authorization of sale of certain National Forest System land
In general
Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey—
to the holder of
the permit numbered QUE302101
for use of the parcel, the parcel
of National Forest System land comprising approximately 0.2 acres that is
generally depicted as Parcel 5
on the Red River Conveyance Map;
and
to the owner of
the private property adjacent to the parcel, the parcel of National Forest
System land comprising approximately 0.1 acres that is generally depicted
as
Parcel 6
on the Red River Conveyance Map.
Disposition of proceeds
Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be—
deposited in the
fund established under Public Law 90–171 (commonly known as the Sisk
Act
) (16 U.S.C. 484a); and
available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in the Carson National Forest.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights; and
such additional terms and conditions as the Secretary may require.
Survey; administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.
Short title; table of contents
Short title
This Act may be cited
as the Columbine-Hondo Wilderness
Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Addition to the National Wilderness Preservation System
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
TITLE II—Land conveyances and sales
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
Definitions
In this Act:
Red River Conveyance Map
The term Red River Conveyance Map
means the map entitled Town of Red River Town Site Act Proposal
and dated April 19, 2012.
Secretary
The term Secretary means the Secretary of Agriculture.
State
The
term State
means the State of New Mexico.
Town
The term Town means the town of Red River, New Mexico.
Village
The term Village means the village of Taos Ski Valley, New Mexico.
Wilderness
The
term Wilderness
means the Columbine-Hondo Wilderness designated
by section 101(a).
Wilderness map
The term Wilderness Map
means the map entitled
Columbine-Hondo, Wheeler Peak Wilderness
and dated April 25,
2012.
Addition to the National Wilderness Preservation System
Designation of the Columbine-Hondo Wilderness
In general
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the approximately 45,000 acres of land in the Carson National
Forest in
the State, as generally depicted on the Wilderness Map, is designated as
wilderness and as a component of the National Wilderness Preservation
System,
which shall be known as the Columbine-Hondo Wilderness
.
Management
In general
Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
Adjacent management
In general
Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness.
Incorporation of acquired land and interests in land
Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall—
become part of the Wilderness; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this section; and
any other applicable laws.
Grazing
Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Columbine-Hondo wilderness study area
Finding
Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 (16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subsection (a) has been adequately reviewed for wilderness designation.
Applicability
The Federal land described in paragraph (1) is no longer subject to subsections (a)(2) and (b) of section 103 of Public Law 96–550 (16 U.S.C. 1132 note; 94 Stat. 3223).
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness.
Force of law
The maps and legal descriptions prepared 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 maps and legal descriptions.
Public availability
The maps and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Fish and wildlife
In general
Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness.
Consultation
Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1).
Withdrawals
Subject to valid existing rights, the Federal land described in subsections (a) and (e)(1) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Wheeler Peak Wilderness boundary modification
In general
The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map.
Withdrawal
Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subsection (a) is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Land conveyances and sales
Town of Red River land conveyance
In general
Subject to the provisions of this section, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subsection (b) for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act.
Description of land
The parcels of Federal land referred to in subsection (a)
are the parcels of National Forest System land (including any improvements
to
the land) in Taos County, New Mexico, that are identified as Parcel
1
, Parcel 2
, Parcel 3
, and Parcel
4
on the Red River Conveyance Map.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights;
public
rights-of-way through Parcel 1
, Parcel 3
, and
Parcel 4
;
an administrative
right-of-way through Parcel 2
reserved to the United States;
and
such additional terms and conditions as the Secretary may require.
Use of land
As a condition of the conveyance under subsection (a), the Town shall use—
Parcel
1
for a wastewater treatment plant;
Parcel
2
for a cemetery;
Parcel
3
for a public park; and
Parcel
4
for a public road.
Reversion
In the quitclaim deed to the Town under subsection (a), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subsection (d).
Survey; Administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The Town shall pay the reasonable survey and other administrative costs associated with the conveyance.
Village of Taos Ski Valley land conveyance
In general
Subject to the provisions of this section, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subsection (b) for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act.
Description of land
The parcel of Federal land referred to in subsection (a) is
the parcel comprising approximately 4.6 acres of National Forest System
land
(including any improvements to the land) in Taos County generally depicted
as
Parcel 1
on the map entitled Village of Taos Ski Valley
Town Site Act Proposal
and dated April 19, 2012.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights;
an administrative right-of-way through the parcel of Federal land described in subsection (b) reserved to the United States; and
such additional terms and conditions as the Secretary may require.
Use of land
As a condition of the conveyance under subsection (a), the Village shall use the parcel of Federal land described in subsection (b) for a wastewater treatment plant.
Reversion
In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subsection (a) shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subsection (d).
Survey; administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The Village shall pay the reasonable survey and other administrative costs associated with the conveyance.
Authorization of sale of certain National Forest System land
In general
Subject to the provisions of this section and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey—
to the holder of
the permit numbered QUE302101
for use of the parcel, the parcel
of National Forest System land comprising approximately 0.2 acres that is
generally depicted as Parcel 5
on the Red River Conveyance Map;
and
to the owner of
the private property adjacent to the parcel, the parcel of National Forest
System land comprising approximately 0.1 acres that is generally depicted
as
Parcel 6
on the Red River Conveyance Map.
Disposition of proceeds
Any amounts received by the Secretary as consideration for a conveyance under subsection (a) shall be—
deposited in the
fund established under Public Law 90–171 (commonly known as the Sisk
Act
) (16 U.S.C. 484a); and
available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in Region 3 of the Forest Service.
Conditions
The conveyance under subsection (a) shall be subject to—
valid existing rights; and
such additional terms and conditions as the Secretary may require.
Survey; administrative costs
Survey
The exact acreage and legal description of the National Forest System land conveyed under subsection (a) shall be determined by a survey approved by the Secretary.
Costs
The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.
December 10, 2014
Reported with an amendment
