,,ii #aaeth ,,congress #ast ,session ,s4 #dda ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ag 7legislative day1 ,february #af71 #bjag,mr4 ,udall 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 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 ,monument ,the term ,monument means the ,organ ,mountains-,desert ,peaks ,national ,monument established by ,presidential ,proclamation #iaca 7#gi ,fed4 ,reg4 #cjdca74 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#c7 ,state ,the term ,state means the ,state of ,new ,mexico4 7#d7 ,wilderness area ,the term wilderness area means a wilderness area designated by section #c7;a74 #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 ,april #ah1 #bjaf1 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 ,complex and dated ,april #ac1 #bjaf1 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 ,april #ah1 #bjaf1 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 #ai1iaf acres1 as generally depicted on the map entitled ,organ ,mountains ,area and dated ,september #ba1 #bjaf1 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 ,april #ah1 #bjaf1 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 ,april #ac1 #bjaf1 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 ,april #ac1 #bjaf1 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 ,april #ah1 #bjaf1 which shall be known as the ,whitethorn ,wilderness4 7b7 ,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 wilderness areas 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 7c7 ,management ,subject to valid existing rights1 the wilderness areas shall be administered by the ,secretary-- 7#a7 as components of the ,national ,landscape ,conservation ,system2 and 7#b7 in accordance with-- 7,a7 this ,act2 and 7,b7 the ,wilderness ,act 7#af ,u4,s4,c4 #aaca et seq471 except that-- 7i7 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 7ii7 any reference in the ,wilderness ,act to the ,secretary of ,agriculture shall be considered to be a reference to the ,secretary of the ,interior4 7d7 ,incorporation of acquired land and interests in land ,any land or interest in land that is within the boundary of a wilderness area 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 7e7 ,grazing ,grazing of livestock in the wilderness areas1 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 7f7 ,military overflights ,nothing in this section restricts or precludes-- 7#a7 low-level overflights of military aircraft over the wilderness areas1 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 areas2 or 7#c7 the use or establishment of military flight training routes over the wilderness areas4 7g7 ,buffer zones 7#a7 ,in general ,nothing in this section creates a protective perimeter or buffer zone around any wilderness area4 7#b7 ,activities outside wilderness areas ,the fact that an activity or use on land outside any wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area4 7h7 ,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 7i7 ,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 wilderness areas if the facilities and access to the facilities are essential to flood warning1 flood control1 or water reservoir operation activities4 7j7 ,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 7k7 ,withdrawals 7#a7 ,in general ,subject to valid existing rights1 the ,federal land within the wilderness areas and any land or interest in land that is acquired by the ,united ,states in the 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 ,b ,the approximately #f1dih acres of land generally depicted as ,parcel ,b on the map entitled ,organ ,mountains ,area and dated ,september #ba1 #bjaf1 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 7#c7 ,parcel ,c ,the approximately #a1big acres of land generally depicted as ,parcel ,c on the map entitled ,organ ,mountains ,area and dated ,september #ba1 #bjaf1 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#d7 ,parcel ,d 7,a7 ,in general ,the ,secretary of the ,army shall allow for the conduct of certain recreational activities on the approximately #b1jce acres of land generally depicted as ,parcel ,d on the map entitled ,organ ,mountains ,area and dated ,september #ba1 #bjaf 7referred to in this paragraph as the parcel71 which is a portion of the public land withdrawn and reserved for military purposes by ,public ,land ,order #hcc dated ,may #ba1 #aieb 7#ag ,fed4 ,reg4 #dhbb74 7,b7 ,outdoor recreation plan 7i7 ,in general ,the ,secretary of the ,army shall develop a plan for public outdoor recreation on the parcel that is consistent with the primary military mission of the parcel4 7ii7 ,requirement ,in developing the plan under clause 7i71 the ,secretary of the ,army shall ensure1 to the maximum extent practicable1 that outdoor recreation activities may be conducted on the parcel1 including3 hunting1 hiking1 wildlife viewing1 and camping4 7,c7 ,closures ,the ,secretary of the ,army may close the parcel or any portion of the parcel to the public as the ,secretary of the ,army determines to be necessary to protect-- 7i7 public safety2 or 7ii7 the safety of the military members training on the parcel4 7,d7 ,transfer of administrative jurisdiction2 withdrawal 7i7 ,in general ,on a determination by the ,secretary of the ,army that military training capabilities1 personnel safety1 and installation security would not be hindered as a result of the transfer to the ,secretary of administrative jurisdiction over the parcel1 the ,secretary of the ,army shall transfer to the ,secretary administrative jurisdiction over the parcel4 7ii7 ,withdrawal ,on transfer of the parcel under clause 7i71 the parcel shall be-- 7,i7 under the jurisdiction of the ,director of the ,bureau of ,land ,management2 and 7,,ii7 withdrawn from-- 7aa7 entry1 appropriation1 or disposal under the public land laws2 7bb7 location1 entry1 and patent under the mining laws2 and 7cc7 operation of the mineral leasing1 mineral materials1 and geothermal leasing laws4 7iii7 ,reservation ,on transfer under clause 7i71 the parcel shall be reserved for management of the resources of1 and military training conducted on1 the parcel in accordance with a memorandum of understanding entered into under subparagraph 7,e74 7,e7 ,memorandum of understanding relating to military training 7i7 ,in general ,if1 after the transfer of the parcel under subparagraph 7,d77i71 the ,secretary of the ,army requests that the ,secretary enter into a memorandum of understanding1 the ,secretary shall enter into a memorandum of understanding with the ,secretary of the ,army providing for the conduct of military training on the parcel4 7ii7 ,requirements ,the memorandum of understanding entered into under clause 7i7 shall-- 7,i7 address the location1 frequency1 and type of training activities to be conducted on the parcel2 7,,ii7 provide to the ,secretary of the ,army access to the parcel for the conduct of military training2 7,,iii7 authorize the ,secretary or the ,secretary of the ,army to close the parcel or a portion of the parcel to the public as the ,secretary or the ,secretary of the ,army determines to be necessary to protect-- 7aa7 public safety2 or 7bb7 the safety of the military members training2 and 7,,iv7 to the maximum extent practicable1 provide for the protection of natural1 historic1 and cultural resources in the area of the parcel4 7,f7 ,military overflights ,nothing in this paragraph restricts or precludes-- 7i7 low-level overflights of military aircraft over the parcel1 including military overflights that can be seen or heard within the parcel2 7ii7 the designation of new units of special airspace over the parcel2 or 7iii7 the use or establishment of military flight training routes over the parcel4 7l7 ,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 ,april #ac1 #bjaf1 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 7m7 ,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 ,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 wilderness areas1 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 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 ,a on the map entitled ,potrillo ,mountains ,complex and dated ,april #ah1 #bjaf1 is withdrawn in accordance with section #c7k77#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 ,april #ah1 #bjaf1 shall be-- 7#a7 closed to public access2 but 7#b7 available for administrative and law enforcement uses1 including border security activities4 #e4 ,organ ,mountains-,desert ,peaks ,national ,monument 7a7 ,management plan ,in preparing and implementing the management plan for the ,monument1 the ,secretary shall include a watershed health assessment to identify opportunities for watershed restoration4 7b7 ,incorporation of acquired ,state trust land and interests in ,state trust land 7#a7 ,in general ,any land or interest in land that is 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 ,presidential ,proclamation #iaca 7#gi ,fed4 ,reg4 #cjdca72 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 7c7 ,land exchanges 7#a7 ,in general ,subject to paragraphs 7#c7 through 7#f71 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 paragraph 7#b7 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 paragraph or described in subsection 7b77#b74 7#b7 ,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 land eligible for exchange under this subsection1 the exact acreage and legal description of which shall be determined by surveys approved by the ,secretary and the ,new ,mexico ,state ,land ,office4 7#c7 ,applicable law ,a land exchange under paragraph 7#a7 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 7#d7 ,conditions ,a land exchange under paragraph 7#a7 shall be subject to-- 7,a7 valid existing rights2 and 7,b7 such terms as the ,secretary and the ,state shall establish4 7#e7 ,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-- 7i7 shall be equal1 as determined by appraisals conducted in accordance with subparagraph 7,b72 or 7ii7 if not equal1 shall be equalized in accordance with subparagraph 7,c74 7,b7 ,appraisals 7i7 ,in general ,the ,bureau of ,land ,management land and ,state trust land to be exchanged under this subsection shall be appraised by an independent1 qualified appraiser that is agreed to by the ,secretary and the ,state4 7ii7 ,requirements ,an appraisal under clause 7i7 shall be conducted in accordance with-- 7,i7 the ,uniform ,appraisal ,standards for ,federal ,land ,acquisitions2 and 7,,ii7 the ,uniform ,standards of ,professional ,appraisal ,practice4 7,c7 ,equalization 7i7 ,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 subsection is not equal1 the value may be equalized by-- 7,i7 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 7,,ii7 reducing the acreage of the ,bureau of ,land ,management land or ,state trust land to be exchanged1 as appropriate4 7ii7 ,cash equalization payments ,any cash equalization payments received by the ,secretary under clause 7i77,i7 shall be-- 7,i7 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 7,,ii7 used in accordance with that ,act4 7#f7 ,limitation ,no exchange of land shall be conducted under this subsection unless mutually agreed to by the ,secretary and the ,state4