,,ii #aacth ,,congress #ast ,session ,s4 #ahje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab 7legislative day1 ,december #aa71 #bjac,mr4 ,udall of ,new ,mexico 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to designate the ,organ ,mountains and other public land as components of the ,national ,wilderness ,preservation ,system in the ,state of ,new ,mexico1 to establish the ,organ ,mountains--,desert ,peaks ,national ,monument1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,organ ,mountains--,desert ,peaks ,conservation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,management plan ,the term management plan means the management plan for the ,monument developed under section #d7;d74 7#b7 ,monument ,the term ,monument means the ,organ ,mountains--,desert ,peaks ,national ,monument established by section #d7;a74 7#c7 ,public ,land ,order ,the term ,public ,land ,order means the ,public ,land ,order #hcc1 dated ,may #ba1 #aieb 7#ag ,fed4 ,reg4 #dhbb74 7#d7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,new ,mexico4 #c4 ,designation of wilderness areas 7a7 ,in general ,in accordance with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 the following areas in the ,state are designated as wilderness and as components of the ,national ,wilderness ,preservation ,system3 7#a7 ,aden lava flow wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #bg1fgc acres1 as generally depicted on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,aden ,lava ,flow ,wilderness4 7#b7 ,broad canyon wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #ac1ijb acres1 as generally depicted on the map entitled ,desert ,peaks ,wilderness and dated ,december #aj1 #bjac1 which shall be known as the ,broad ,canyon ,wilderness4 7#c7 ,cinder cone wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #af1ice acres1 as generally depicted on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,cinder ,cone ,wilderness4 7#d7 ,organ mountains wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #ai1aig acres1 as generally depicted on the map entitled ,organ ,mountains ,area and dated ,december #aj1 #bjac1 which shall be known as the ,organ ,mountains ,wilderness1 the boundary of which shall be offset #djj feet from the centerline of ,dripping ,springs ,road in ,t4 #bc ,s41 ,r4 #jd ,e41 sec4 #g1 ,new ,mexico ,principal ,meridian4 7#e7 ,potrillo mountains wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana and ,luna counties comprising approximately #abe1hed acres1 as generally depicted on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,potrillo ,mountains ,wilderness4 7#f7 ,robledo mountains wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #af1ggf acres1 as generally depicted on the map entitled ,desert ,peaks ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,robledo ,mountains ,wilderness4 7#g7 ,sierra de las uvas wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #aa1aad acres1 as generally depicted on the map entitled ,desert ,peaks ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,sierra de las ,uvas ,wilderness4 7#h7 ,whitethorn wilderness ,certain land administered by the ,bureau of ,land ,management in ,doa ,ana and ,luna counties comprising approximately #i1faf acres1 as generally depicted on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 which shall be known as the ,whitethorn ,wilderness4 7b7 ,management ,subject to valid existing rights1 the wilderness areas designated by subsection 7a7 shall be administered by the ,secretary in accordance with this ,act and the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq47 except that-- 7#a7 any reference in the ,wilderness ,act to the effective date of that ,act shall be considered to be a reference to the date of enactment of this ,act2 and 7#b7 any reference in the ,wilderness ,act to the ,secretary of ,agriculture shall be considered to be a reference to the ,secretary of the ,interior4 7c7 ,incorporation of acquired land and interests in land ,any land or interest in land that is within the boundary of a wilderness area designated by subsection 7a7 that is acquired by the ,united ,states shall-- 7#a7 become part of the wilderness area within the boundaries of which the land is located2 and 7#b7 be managed in accordance with-- 7,a7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq472 7,b7 this ,act2 and 7,c7 any other applicable laws4 7d7 ,grazing ,grazing of livestock in the wilderness areas designated by subsection 7a71 where established before the date of enactment of this ,act1 shall be administered in accordance with-- 7#a7 section #d7;d77#d7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#d772 and 7#b7 the guidelines set forth in ,appendix ,a of the ,report of the ,committee on ,interior and ,insular ,affairs to accompany ,h4,r4 #begj of the #ajast ,congress 7,h4 ,rept4 #aja-dje74 7e7 ,military overflights ,nothing in this section restricts or precludes-- 7#a7 low-level overflights of military aircraft over the wilderness areas designated by subsection 7a71 including military overflights that can be seen or heard within the wilderness areas2 7#b7 the designation of new units of special airspace over the wilderness areas designated by this ,act2 or 7#c7 the use or establishment of military flight training routes over wilderness areas designated by this ,act4 7f7 ,buffer zones 7#a7 ,in general ,nothing in this section creates a protective perimeter or buffer zone around any wilderness area designated by subsection 7a74 7#b7 ,activities outside wilderness areas ,the fact that an activity or use on land outside any wilderness area designated by subsection 7a7 can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area4 7g7 ,paragliding ,the use of paragliding within areas of the ,potrillo ,mountains ,wilderness designated by subsection 7a77#e7 in which the use has been established before the date of enactment of this ,act1 shall be allowed to continue in accordance with section #d7;d77#a7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;d77#a771 subject to any terms and conditions that the ,secretary determines to be necessary4 7h7 ,potential wilderness area 7#a7 ,robledo mountains potential wilderness area 7,a7 ,in general ,certain land administered by the ,bureau of ,land ,management1 comprising approximately #ajj acres as generally depicted as ,potential ,wilderness on the map entitled ,desert ,peaks ,complex and dated ,december #aj1 #bjac1 is designated as a potential wilderness area4 7,b7 ,uses ,the ,secretary shall permit only such uses on the land described in subparagraph 7,a7 that were permitted on the date of enactment of this ,act4 7,c7 ,designation as wilderness 7i7 ,in general ,on the date on which the ,secretary publishes in the ,federal ,register the notice described in clause 7ii71 the potential wilderness area designated under subparagraph 7,a7 shall be-- 7,i7 designated as wilderness and as a component of the ,national ,wilderness ,preservation ,system2 and 7,,ii7 incorporated into the ,robledo ,mountains ,wilderness designated by subsection 7a77#f74 7ii7 ,notice ,the notice referred to in clause 7i7 is notice that-- 7,i7 the communications site within the potential wilderness area designated under subparagraph 7,a7 is no longer used2 7,,ii7 the associated right-of-way is relinquished or not renewed2 and 7,,iii7 the conditions in the potential wilderness area designated by subparagraph 7,a7 are compatible with the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq474 7i7 ,release of wilderness study areas ,congress finds that1 for purposes of section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c771 the public land in ,doa ,ana ,county administered by the ,bureau of ,land ,management not designated as wilderness by subsection 7a7-- 7#a7 has been adequately studied for wilderness designation2 7#b7 is no longer subject to section #fjc7;c7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #aghb7;c772 and 7#c7 shall be managed in accordance with-- 7,a7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7,b7 this ,act2 and 7,c7 any other applicable laws4 #d4 ,establishment of national monument 7a7 ,establishment ,there is established as a ,national ,monument in the ,state certain land administered by the ,bureau of ,land ,management in ,doa ,ana ,county comprising approximately #dih1hae acres1 as generally depicted on the maps entitled ,organ ,mountains ,area1 ,potrillo ,mountains ,complex1 and ,desert ,peaks ,complex and dated ,december #aj1 #bjac1 to be known as the ,organ ,mountains-,desert ,peaks ,national ,monument4 7b7 ,purpose ,the purpose of the ,monument is to conserve1 protect1 and enhance for the benefit and enjoyment of present and future generations the cultural1 archaeological1 historical1 natural1 wildlife1 geological1 ecological1 watershed1 educational1 scenic1 and recreational resources and values of the ,monument4 7c7 ,management 7#a7 ,in general ,the ,secretary 7acting through the ,director of the ,bureau of ,land ,management7 shall manage the ,monument-- 7,a7 in a manner that conserves1 protects1 and enhances the resources of the ,monument2 and 7,b7 in accordance with-- 7i7 the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agja et seq472 7ii7 this ,act2 and 7iii7 any other applicable laws4 7#b7 ,uses 7,a7 ,in general ,the ,secretary shall allow only such uses of the ,monument that the ,secretary determines would further the purpose described in subsection 7b74 7,b7 ,use of motorized vehicles 7i7 ,in general ,except as needed for administrative purposes or to respond to an emergency1 the use of motorized vehicles in the ,monument shall be permitted only on roads designated for use by motorized vehicles in the management plan4 7ii7 ,new roads ,no additional road shall be built within the ,monument after the date of enactment of this ,act unless the road is necessary for public safety or natural resource protection4 7,c7 ,grazing ,the ,secretary shall permit grazing within the ,monument1 where established before the date of enactment of this ,act-- 7i7 subject to all applicable laws 7including regulations7 and ,executive orders2 and 7ii7 consistent with the purpose described in subsection 7b74 7,d7 ,utility right-of-way upgrades ,nothing in this section precludes the ,secretary from renewing or authorizing the upgrading 7including widening7 of a utility right-of-way in existence as of the date of enactment of this ,act through the ,monument in a manner that minimizes harm to the purpose of the ,monument described in subsection 7b7-- 7i7 in accordance with-- 7,i7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,,ii7 any other applicable law2 and 7ii7 subject to such terms and conditions as the ,secretary determines to be appropriate4 7,e7 ,right-of-way ,subject to applicable law1 the ,secretary may issue rights-of-way for watershed restoration projects and small-scale flood prevention projects within the boundary of the ,monument if the right-of-way is consistent with the purpose of the ,monument described in subsection 7b74 7d7 ,management plan 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall develop a management plan for the ,monument4 7#b7 ,consultation ,the management plan shall be developed in consultation with-- 7,a7 interested ,federal agencies2 7,b7 ,state1 tribal1 and local governments2 and 7,c7 the public4 7#c7 ,considerations ,in preparing and implementing the management plan1 the ,secretary shall-- 7,a7 consider the recommendations of ,indian tribes and pueblos on methods for providing access to1 and protection for1 traditional cultural and religious sites in the ,monument2 and 7,b7 include a watershed health assessment to identify opportunities for watershed restoration4 7e7 ,incorporation of acquired land and interests in land 7#a7 ,in general ,any land or interest in land that is within the boundary of the ,monument designated by subsection 7a7 or within the ,state trust land described in paragraph 7#b7 that is acquired by the ,united ,states shall-- 7,a7 become part of the ,monument2 and 7,b7 be managed in accordance with-- 7i7 this ,act2 and 7ii7 any other applicable laws4 7#b7 ,description of ,state trust land ,the ,state trust land referred to in paragraph 7#a7 is the ,state trust land in ,t4 #bb ,s41 ,r #ja ,w41 ,new ,mexico ,principal ,meridian and ,t4 #bb ,s41 ,r4 #jb ,w41 ,new ,mexico ,principal ,meridian4 7f7 ,transfer of administrative jurisdiction ,on the date of enactment of this ,act1 administrative jurisdiction over the approximately #b1jej acres of land generally depicted as ,parcel ,d on the map entitled ,organ ,mountains ,area and dated ,december #aj1 #bjac1 shall-- 7#a7 be transferred from the ,secretary of ,defense to the ,secretary2 7#b7 become part of the ,monument2 and 7#c7 be managed in accordance with-- 7,a7 this ,act2 and 7,b7 any other applicable laws4 #e4 ,general provisions 7a7 ,maps and legal descriptions 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall file maps and legal descriptions of the ,monument and the wilderness areas designated by this ,act with-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,force of law ,the maps and legal descriptions filed under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary may correct errors in the maps and legal descriptions4 7#c7 ,public availability ,the maps and legal descriptions filed under paragraph 7#a7 shall be on file and available for public inspection in the appropriate offices of the ,bureau of ,land ,management4 7b7 ,national landscape conservation system ,the ,monument and the wilderness areas designated by this ,act shall be administered as components of the ,national ,landscape ,conservation ,system4 7c7 ,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 ,state1 except that the ,secretary1 after consultation with the ,new ,mexico ,department of ,game and ,fish1 may designate zones where1 and establish periods during which1 no hunting or fishing shall be permitted for reasons of public safety1 administration1 or compliance with applicable law4 7d7 ,withdrawals 7#a7 ,in general ,subject to valid existing rights1 the ,federal land within the ,monument1 the wilderness areas designated by this ,act1 and any land or interest in land that is acquired by the ,united ,states in the ,monument or wilderness areas after the date of enactment of this ,act is withdrawn from-- 7,a7 entry1 appropriation1 or disposal under the public land laws2 7,b7 location1 entry1 and patent under the mining laws2 and 7,c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7#b7 ,parcel ,a ,the approximately #a1cjj acres of land generally depicted as ,parcel ,a on the map entitled ,organ ,mountains ,area and dated ,december #aj1 #bjac1 is withdrawn in accordance with paragraph 7#a71 except that the land is not withdrawn from disposal under the ,act of ,june #ad1 #aibf 7commonly known as the ,recreation and ,public ,purposes ,act7 7#dc ,u4,s4,c4 #hfi et seq474 7#c7 ,parcel ,b ,the approximately #f1ejj acres of land generally depicted as ,parcel ,b on the map entitled ,organ ,mountains ,area and dated ,december #aj1 #bjac1 is withdrawn in accordance with paragraph 7#a71 except that the land is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way4 7e7 ,climatologic data collection ,subject to such terms and conditions as the ,secretary may prescribe1 nothing in this ,act precludes the installation and maintenance of hydrologic1 meteorologic1 or climatologic collection devices in the ,monument or wilderness areas designated by section #c7;a7 if the facilities and access to the facilities are essential to flood warning1 flood control1 or water reservoir operation activities4 #f4 ,border security 7a7 ,in general ,nothing in this ,act-- 7#a7 prevents the ,secretary of ,homeland ,security from undertaking law enforcement and border security activities1 in accordance with section #d7;c7 of the ,wilderness ,act 7#af ,u4,s4,c4 #aacc7;c771 within the areas designated as wilderness by this ,act1 including the ability to use motorized access within a wilderness area while in pursuit of a suspect2 7#b7 affects the #bjjf ,memorandum of ,understanding among the ,department of ,homeland ,security1 the ,department of the ,interior1 and the ,department of ,agriculture regarding cooperative national security and counterterrorism efforts on ,federal land along the borders of the ,united ,states2 or 7#c7 prevents the ,secretary of ,homeland ,security from conducting any low-level overflights over the wilderness areas designated by this ,act that may be necessary for law enforcement and border security purposes4 7b7 ,withdrawal and administration of certain area 7#a7 ,withdrawal ,the area identified as ,parcel ,e on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 is withdrawn in accordance with section #e7;d77#a74 7#b7 ,administration ,except as provided in paragraphs 7#c7 and 7#d71 the ,secretary shall administer the area described in paragraph 7#a7 in a manner that1 to the maximum extent practicable1 protects the wilderness character of the area4 7#c7 ,use of motor vehicles ,the use of motor vehicles1 motorized equipment1 and mechanical transport shall be prohibited in the area described in paragraph 7#a7 except as necessary for-- 7,a7 the administration of the area 7including the conduct of law enforcement and border security activities in the area72 or 7,b7 grazing uses by authorized permittees4 7#d7 ,effect of subsection ,nothing in this subsection precludes the ,secretary from allowing within the area described in paragraph 7#a7 the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities4 7c7 ,restricted route ,the route excluded from the ,potrillo ,mountains ,wilderness identified as ,restricted--,administrative ,access on the map entitled ,potrillo ,mountains ,complex and dated ,december #aj1 #bjac1 shall be-- 7#a7 closed to public access2 but 7#b7 available for administrative and law enforcement uses1 including border security activities4 #g4 ,prehistoric trackways national monument boundary adjustment ,section #bajc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #dca note2 ,public ,law #aaa-aa2 #abc ,stat4 #ajig7 is amended by striking subsection 7b7 and inserting the following3 7b7 ,description of land ,the ,monument shall consist of approximately #e1gej acres of public land in ,doa ,ana ,county1 ,new ,mexico1 as generally depicted on the map entitled ,desert ,peaks ,complex and dated ,december #aj1 #bjac4 4 #h4 ,reservation of land for military purposes 7a7 ,reservation ,the approximately #e1ajj acres of land generally depicted as ,parcel ,c on the map entitled ,organ ,mountains ,area and dated ,december #aj1 #bjac1 is reserved for use by the ,secretary of the ,army for military purposes1 in accordance with the ,public ,land ,order4 7b7 ,withdrawal ,subject to valid existing rights1 the land described in subsection 7a7 is withdrawn from-- 7#a7 entry1 appropriation1 or disposal under the public land laws2 7#b7 location1 entry1 and patent under the mining laws2 and 7#c7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7c7 ,modification of ,public ,land ,order ,the ,public ,land ,order is modified to exclude the land described in section #d7;f74 7d7 ,publication in ,federal ,register ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register-- 7#a7 a legal description of the land described in section #d7;f72 7#b7 a legal description of the land described in subsection 7a72 7#c7 a description of the withdrawal of land under subsection 7b72 and 7#d7 a description of the modifications to the ,public ,land ,order under subsection 7c74 7e7 ,reimbursement of costs ,the ,secretary of the ,army shall reimburse the ,secretary for any costs incurred by the ,secretary in carrying out this section4 #i4 ,land exchanges 7a7 ,in general ,subject to subsections 7c7 through 7f71 the ,secretary shall attempt to enter into an agreement to initiate an exchange under section #bbja4a of title #dc1 ,code of ,federal ,regulations 7or successor regulations71 with the ,commissioner of ,public ,lands of ,new ,mexico1 by the date that is #ah months after the date of enactment of this ,act1 to provide for a conveyance to the ,state of all right1 title1 and interest of the ,united ,states in and to ,bureau of ,land ,management land in the ,state identified under subsection 7b7 in exchange for the conveyance by the ,state to the ,secretary of all right1 title1 and interest of the ,state in and to parcels of ,state trust land within the boundary of the ,monument identified under that subsection or described in section #d7;e77#b74 7b7 ,identification of land for exchange ,the ,secretary and the ,commissioner of ,public ,lands of ,new ,mexico shall jointly identify the ,bureau of ,land ,management land and ,state trust and eligible for exchange under this section1 the exact acreage and legal description of which shall be determined by surveys approved by the ,secretary and the ,new ,mexico ,state ,land ,office4 7c7 ,applicable law ,a land exchange under subsection 7a7 shall be carried out in accordance with section #bjf of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf74 7d7 ,conditions ,a land exchange under subsection 7a7 shall be subject to-- 7#a7 valid existing rights2 and 7#b7 such terms as the ,secretary and the ,state shall establish4 7e7 ,valuation1 appraisals1 and equalization 7#a7 ,in general ,the value of the ,bureau of ,land ,management land and the ,state trust land to be conveyed in a land exchange under this subsection-- 7,a7 shall be equal1 as determined by appraisals conducted in accordance with paragraph 7#b72 or 7,b7 if not equal1 shall be equalized in accordance with paragraph 7#c74 7#b7 ,appraisals 7,a7 ,in general ,the ,bureau of ,land ,management land and ,state trust land to be exchanged under this section shall be appraised by an independent1 qualified appraiser that is agreed to by the ,secretary and the ,state4 7,b7 ,requirements ,an appraisal under subparagraph 7,a7 shall be conducted in accordance with-- 7i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7#c7 ,equalization 7,a7 ,in general ,if the value of the ,bureau of ,land ,management land and the ,state trust land to be conveyed in a land exchange under this section is not equal1 the value may be equalized by-- 7i7 making a cash equalization payment to the ,secretary or to the ,state1 as appropriate1 in accordance with section #bjf7;b7 of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agaf7;b772 or 7ii7 reducing the acreage of the ,bureau of ,land ,management land or ,state trust land to be exchanged1 as appropriate4 7,b7 ,cash equalization payments ,any cash equalization payments received by the ,secretary under subparagraph 7,a77i7 shall be-- 7i7 deposited in the ,federal ,land ,disposal ,account established by section #bjf7;a7 of the ,federal ,land ,transaction ,facilitation ,act 7#dc ,u4,s4,c4 #bcje7;a772 and 7ii7 used in accordance with that ,act4 7f7 ,limitation ,no exchange of land shall be conducted under this section unless mutually agreed to by the ,secretary and the ,state4 #aj4 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act4