M.H. Dutch Salmon Greater Gila Wild and Scenic River Act
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S 3129 — M.H. Dutch Salmon Greater Gila Wild and Scenic River Act
Last action — Placed on Senate Legislative Calendar under General Orders. Calendar No. 685.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
603 added · 156 removedPlain-language change summary
The amendment removed the entire section that included the short title and the findings regarding the Greater Gila River watershed, which detailed its attributes and the rationale for its designation as a national treasure. This change suggests that the focus of the bill has shifted away from these specific findings and definitions, potentially impacting how the rivers might be viewed or protected in the legislation.
3129 IntroducedReported in Senate (IS)](RS)] <DOC> 117thCalendar CONGRESSNo. 1st Session S.
3129685 To117th amendCONGRESS the2d WildSession andS. Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
3129 [Report No.
117-283] To amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________December A20, BILL2022 ToReported amendby theMr. Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
BeManchin, itwith enactedan byamendment [Strike out all after the Senateenacting clause and Houseinsert the part printed in italic] _______________________________________________________________________ A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of Representativesthe Gila River system in the State of New Mexico as components of the UnitedNational StatesWild and Scenic Rivers System, to provide for the transfer of Americaadministrative jurisdiction over certain Federal land in Congressthe assembled,State SECTIONof 1.New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1.
SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``M.H.
Dutch Salmon Greater Gila Wild and Scenic River Act''.</DELETED> <DELETED>SEC.
2.
DESIGNATION OF WILD AND SCENIC RIVERS.</DELETED> <DELETED> (a) Findings.--Congress finds that--</DELETED> <DELETED> (1) the Greater Gila River watershed and other rivers in the Gila National Forest are cherished by the people of the State of New Mexico and visitors from across the United States for their clean water, outstanding fish and wildlife habitat, low-cost recreational opportunities for local communities, and cultural sites;</DELETED> <DELETED> (2) the Greater Gila River watershed supports many important economic activities in the region, including farming, ranching, hunting, fishing, camping, backpacking, hiking, wildlife viewing, horseback riding, and floating;</DELETED> <DELETED> (3) portions of the Greater Gila River watershed and other rivers in the Gila National Forest--</DELETED> <DELETED> (A) are a national treasure deserving of inclusion in the National Wild and Scenic Rivers System;</DELETED> <DELETED> (B) possess numerous outstandingly remarkable values;
and</DELETED> <DELETED> (C) contain segments that merit the high level of protection provided by the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.) to maintain the benefits provided by the Greater Gila River watershed and other rivers in the Gila National Forest for future generations of people in the State of New Mexico to enjoy;
and</DELETED> <DELETED> (4) wild and scenic river designations--</DELETED> <DELETED> (A) recognize the importance of maintaining the values of the segments;</DELETED> <DELETED> (B) are compatible with traditional values and cultural uses important to rural communities;</DELETED> <DELETED> (C) provide multiple benefits to the local community and beyond, including by--</DELETED> <DELETED> (i) focusing management on river and river-related resources and values, including supporting voluntary management on adjacent non-Federal land;</DELETED> <DELETED> (ii) protecting rivers in a manner complementary to the Wilderness Act (16 U.S.C.
et seq.), as contemplated under section 10(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(b));</DELETED> <DELETED> (iii) preserving and enhancing public access, including for the legal use of off-highway vehicles, while not opening private land to public access;</DELETED> <DELETED> (iv) preserving and enhancing the protection of cultural artifacts and Tribal sacred and ceremonial sites;</DELETED> <DELETED> (v) preserving and enhancing recreational opportunities;</DELETED> <DELETED> (vi) encouraging and enhancing traditional uses, such as hunting and fishing;</DELETED> <DELETED> (vii) better informing the public about areas in the region with exceptional characteristics and opportunities for unique experiences;</DELETED> <DELETED> (viii) promoting the outdoor recreation economy;
and</DELETED> <DELETED> (ix) protecting and enhancing economic activity through protecting natural flows through designated segments;</DELETED> <DELETED> (D) do not abrogate existing rights, privileges, or contracts, including--</DELETED> <DELETED> (i) private property rights or restrict development or use on private land;</DELETED> <DELETED> (ii) existing water rights, interstate water compacts, or existing irrigation systems and other water development or distribution facilities, including the ability to maintain the systems and facilities;</DELETED> <DELETED> (iii) grazing operations;
or</DELETED> <DELETED> (iv) access for the public to public land within a designated river corridor;
and</DELETED> <DELETED> (E) do not open private land to public access.</DELETED> <DELETED> (b) Purpose.--The purpose of this section is to protect for current and future generations of people in the United States the outstandingly remarkable scenic, natural, cultural, wildlife, fish, recreational, scientific, historic, cultural, ecological, and other values of certain segments of the Greater Gila River watershed and other rivers in the Gila National Forest.</DELETED> <DELETED> (c) Definitions.--In this section:</DELETED> <DELETED> (1) Covered segment.--The term ``covered segment'' means a river segment designated by paragraph (231) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) (as added by subsection (d)).</DELETED> <DELETED> (2) Secretary concerned.--The term ``Secretary concerned'' means--</DELETED> <DELETED> (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior;
and</DELETED> <DELETED> (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture.</DELETED> <DELETED> (3) State.--The term ``State'' means the State of New Mexico.</DELETED> <DELETED> (d) Designation of Segments.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)) is amended by adding at the end the following:</DELETED> <DELETED> ``(231) Gila river system, new mexico.--The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(c) of the M.H.
Dutch Salmon Greater Gila Wild and Scenic River Act) in the following classifications:</DELETED> <DELETED> ``(A) Apache creek.--The approximately 10.5-mile segment, as generally depicted on the map entitled `Apache Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(B) Black canyon creek.--</DELETED> <DELETED> ``(i) The 11.8-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The 0.6-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(iii) The 1.9-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(iv) The 11-mile segment, as generally depicted on the map entitled `Black Canyon Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(C) Diamond creek.--</DELETED> <DELETED> ``(i) The approximately 13.3-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 4.7-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(iii) The approximately 3.1-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(iv) The approximately 1.6-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(v) The approximately 4.1-mile segment, as generally depicted on the map entitled `Diamond Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(D) South diamond creek.--The approximately 16.1-mile segment, as generally depicted on the map entitled `South Diamond Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(E) Gila river.--</DELETED> <DELETED> ``(i) The approximately 34.9-mile segment, as generally depicted on the map entitled `Gila River' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 2.5-mile segment, as generally depicted on the map entitled `Gila River' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(iii) The approximately 3-mile segment, as generally depicted on the map entitled `Gila River' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(F) Gila river, east fork.--The approximately 10.3-mile segment, as generally depicted on the map entitled `East Fork Gila River' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(G) Gila river, gila lower box.-- </DELETED> <DELETED> ``(i) The approximately 3.1-mile segment, as generally depicted on the map entitled `Gila River, Gila Lower Box' and dated April 21, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 6.1-mile segment, as generally depicted on the map entitled `Gila River, Gila Lower Box' and dated April 21, 2020, as a wild river.</DELETED> <DELETED> ``(H) Gila river, gila middle box.-- </DELETED> <DELETED> ``(i) The approximately 0.6-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 0.4-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box'' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(iii) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(iv) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(v) The approximately 1.6-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(vi) The approximately 9.8-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(I) Gila river, middle fork.--</DELETED> <DELETED> ``(i) The approximately 1.2-mile segment, as generally depicted on the map entitled `Middle Fork Gila River' and dated May 1, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 35.5-mile segment, as generally depicted on the map entitled `Middle Fork Gila River' and dated May 1, 2020, as a wild river.</DELETED> <DELETED> ``(J) Gila river, west fork.--</DELETED> <DELETED> ``(i) The approximately 30.6-mile segment, as generally depicted on the map entitled `West Fork Gila River' and dated May 1, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 4-mile segment, as generally depicted on the map entitled `West Fork Gila River' and dated May 1, 2020, as a recreational river.</DELETED> <DELETED> ``(K) Gilita creek.-- The approximately 6.4-mile segment, as generally depicted on the map entitled `Gilita Creek' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(L) Holden prong.-- The approximately 7.3-mile segment, as generally depicted on the map entitled `Holden Prong' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(M) Indian creek.--</DELETED> <DELETED> ``(i) The approximately 5-mile segment, as generally depicted on the map entitled `Indian Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 9.5-mile segment, as generally depicted on the map entitled `Indian Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(N) Iron creek.--The approximately 13.2- mile segment, as generally depicted on the map entitled `Iron Creek' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(O) Las animas creek.--</DELETED> <DELETED> ``(i) The approximately 5.3-mile segment, as generally depicted on the map entitled `Las Animas Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 2.3-mile segment, as generally depicted on the map entitled `Las Animas Creek' and dated March 27, 2020, as a scenic river.</DELETED> <DELETED> ``(P) Little creek.--</DELETED> <DELETED> ``(i) The approximately 0.3-mile segment, as generally depicted on the map entitled `Little Creek' and dated May 1, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 18.3-mile segment, as generally depicted on the map entitled `Little Creek' and dated May 1, 2020, as a wild river.</DELETED> <DELETED> ``(Q) Mcknight canyon.--The approximately 10.3-mile segment, as generally depicted on the map entitled `McKnight Canyon' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(R) Mineral creek.--</DELETED> <DELETED> ``(i) The approximately 8.3-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 0.5-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(iii) The approximately 0.5-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(iv) The approximately 0.1-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(v) The approximately 0.03-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(vi) The approximately 0.02-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(vii) The approximately 0.6-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(viii) The approximately 0.1- mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(ix) The approximately 0.03-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(x) The approximately 0.7-mile segment, as generally depicted on the map entitled `Mineral Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(S) Mogollon creek.-- The approximately 15.8-mile segment, as generally depicted on the map entitled `Mogollon Creek' and dated April 2, 2020, as a wild river.</DELETED> <DELETED> ``(T) West fork mogollon creek.-- The approximately 8.5-mile segment, as generally depicted on the map entitled `West Fork Mogollon Creek' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(U) Mule creek.--The approximately 4.3- mile segment, as generally depicted on the map entitled `Mule Creek' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(V) San francisco river, devil's creek.--</DELETED> <DELETED> ``(i) The approximately 1.8-mile segment, as generally depicted on the map entitled `M.H.
Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft' and dated October 29, 2021, as a scenic river.</DELETED> <DELETED> ``(ii) The approximately 6.4-mile segment, as generally depicted on the map entitled `M.H.
Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft' and dated October 29, 2021, as a scenic river.</DELETED> <DELETED> ``(iii) The approximately 6.1-mile segment, as generally depicted on the map entitled `M.H.
Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft' and dated October 29, 2021, as a scenic river.</DELETED> <DELETED> ``(iv) The approximately 1.2-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(v) The approximately 5.9-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(W) San francisco river, lower san francisco river canyon.--</DELETED> <DELETED> ``(i) The approximately 1.8-mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 0.6-mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(iii) The approximately 14.6- mile segment, as generally depicted on the map entitled `San Francisco River, Lower San Francisco River Canyon' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(X) San francisco river, upper frisco box.--The approximately 6-mile segment, as generally depicted on the map entitled `San Francisco River, Upper Frisco Box' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(Y) Sapillo creek.--The approximately 7.2-mile segment, as generally depicted on the map entitled `Sapillo Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(Z) Spruce creek.--The approximately 3.7-mile segment, as generally depicted on the map entitled `Spruce Creek' and dated March 4, 2020, as a wild river.</DELETED> <DELETED> ``(AA) Taylor creek.--</DELETED> <DELETED> ``(i) The approximately 0.4-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a scenic river.</DELETED> <DELETED> ``(ii) The approximately 6.1-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(iii) The approximately 6.7-mile segment, as generally depicted on the map entitled `Taylor Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(BB) Turkey creek.--The approximately 17.1-mile segment, as generally depicted on the map entitled `Turkey Creek' and dated April 30, 2020, as a wild river.</DELETED> <DELETED> ``(CC) Whitewater creek.--</DELETED> <DELETED> ``(i) The approximately 13.5-mile segment, as generally depicted on the map entitled `Whitewater Creek' and dated March 27, 2020, as a wild river.</DELETED> <DELETED> ``(ii) The approximately 1.1-mile segment, as generally depicted on the map entitled `Whitewater Creek' and dated March 27, 2020, as a recreational river.</DELETED> <DELETED> ``(DD) Willow creek.--</DELETED> <DELETED> ``(i) The approximately 3-mile segment, as generally depicted on the map entitled `Willow Creek' and dated April 30, 2020, as a recreational river.</DELETED> <DELETED> ``(ii) The approximately 2.9-mile segment, as generally depicted on the map entitled `Willow Creek' and dated April 30, 2020, as a recreational river.''.</DELETED> <DELETED> (e) Withdrawal.--Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of--</DELETED> <DELETED> (1) entry, appropriation, or disposal under the public land laws;</DELETED> <DELETED> (2) location, entry, and patent under the mining laws;
and</DELETED> <DELETED> (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.</DELETED> <DELETED> (f) Maps;
Legal Descriptions.--</DELETED> <DELETED> (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments.</DELETED> <DELETED> (2) Force of law.--The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary concerned may correct minor errors in the maps and legal descriptions.</DELETED> <DELETED> (3) Availability.--The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service.</DELETED> <DELETED> (g) Comprehensive River Management Plan.--The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)) after consulting with Tribal governments, applicable political subdivisions of the State, and interested members of the public.</DELETED> <DELETED> (h) Incorporation of Acquired Land and Interests in Land.--If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment.</DELETED> <DELETED> (i) Effect of Section.--</DELETED> <DELETED> (1) Effect on rights.--In accordance with section 12(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1283(b)), nothing in this section or an amendment made by this section abrogates any existing rights of, privilege of, or contract held by any person, including any right, privilege, or contract that affects Federal land or private land, without the consent of the person, including--</DELETED> <DELETED> (A) grazing permits or leases;</DELETED> <DELETED> (B) existing water rights, including the jurisdiction of the State in administering water rights;</DELETED> <DELETED> (C) existing points of diversion, including appropriate maintenance, repair, or replacement;</DELETED> <DELETED> (D) existing water distribution infrastructure, including appropriate maintenance, repair, or replacement;
and</DELETED> <DELETED> (E) valid existing rights for mining and mineral leases.</DELETED> <DELETED> (2) Condemnation.--No land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner.</DELETED> <DELETED> (3) Relationship to other law.--Nothing in this section amends or otherwise affects the Arizona Water Settlements Act (Public Law 108-451;
118 Stat.
3478).</DELETED> <DELETED> (4) Species recovery.--</DELETED> <DELETED> (A) In general.--Notwithstanding section 7 of the Wild and Scenic Rivers Act (16 U.S.C.
1278) and subject to subparagraphs (B) and (C), the Secretary concerned may authorize the construction, maintenance, or replacement of 1 or more fish barriers or other projects with respect to a covered segment if the Secretary concerned determines that the fish barrier or other project--</DELETED> <DELETED> (i) is necessary for the recovery of a species that is--</DELETED> <DELETED> (I) listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
and</DELETED> <DELETED> (II) identified as an outstandingly remarkable value of the covered segment in accordance with the Wild and Scenic Rivers Act (16 U.S.C.
et seq.);
and</DELETED> <DELETED> (ii) is included in the applicable species recovery plan prepared under section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533).</DELETED> <DELETED> (B) Review required.--A project authorized under subparagraph (A) shall be reviewed in accordance with section 7 of the Wild and Scenic Rivers Act (16 U.S.C.
1278), but a finding that the project does not meet the applicable evaluation standard under that section shall not, of itself, preclude the project from being carried out.</DELETED> <DELETED> (C) Impacts minimized.--For any project authorized under subparagraph (A), the Secretary concerned shall ensure that any impacts to the free- flowing characteristics of the river and other outstandingly remarkable river and scenic values are minimized to the maximum extent the Secretary concerned determines to be practicable, consistent with the natural appearance and accessibility of the covered segment as in existence on the date of enactment of this Act.</DELETED> <DELETED> (D) Assistance.--Nothing in this paragraph prohibits a Federal agency from assisting with a loan, grant, or permit, or providing any other form of assistance, for a project authorized under subparagraph (A).</DELETED> <DELETED> (5) State land jurisdiction.--Nothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish.</DELETED> <DELETED> (6) Fish and wildlife.--Nothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State.</DELETED> <DELETED> (7) Treaty rights.--Nothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty.</DELETED> <DELETED>SEC.
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3.
MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS NATIONAL MONUMENT AND GILA NATIONAL FOREST.</DELETED> <DELETED> (a) Transfer of Administrative Jurisdiction.--</DELETED> <DELETED> (1) In general.--Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of Agriculture to the Secretary of the Interior.</DELETED> <DELETED> (2) Description of land.--The land referred to in paragraph (1) is the approximately 440 acres of land identified as ``Transfer from USDA Forest Service to National Park Service'' on the map entitled ``Gila Cliff Dwellings National Monument Proposed Boundary Adjustment'' and dated March 2020.</DELETED> <DELETED> (b) Boundary Modifications.--</DELETED> <DELETED> (1) Gila cliff dwellings national monument.-- </DELETED> <DELETED> (A) In general.--The boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under subsection (a)(1).</DELETED> <DELETED> (B) Map.--</DELETED> <DELETED> (i) In general.--The Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument.</DELETED> <DELETED> (ii) Effect.--The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct minor errors in the map and legal description.</DELETED> <DELETED> (2) Gila national forest.--</DELETED> <DELETED> (A) In general.--The boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under subsection (a)(1).</DELETED> <DELETED> (B) Map.--</DELETED> <DELETED> (i) In general.--The Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest.</DELETED> <DELETED> (ii) Effect.--The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct minor errors in the map and legal description.</DELETED> SECTION 1.
(a) Findings.--CongressDefinitions.--In findsthis that--section: (1) the Greater Gila River watershed and other rivers in the Gila National Forest are cherished by the people of the State of New Mexico and visitors from across the United States for their clean water, outstanding fish and wildlife habitat, low-cost recreational opportunities for local communities, and cultural sites;
(2) the Greater Gila River watershed supports many important economic activities in the region, including farming, ranching, hunting, fishing, camping, backpacking, hiking, wildlife viewing, horseback riding, and floating;
(3) portions of the Greater Gila River watershed and other rivers in the Gila National Forest-- (A) are a national treasure deserving of inclusion in the National Wild and Scenic Rivers System;
(B) possess numerous outstandingly remarkable values;
and (C) contain segments that merit the high level of protection provided by the Wild and Scenic Rivers Act (16 U.S.C.
1271 et seq.) to maintain the benefits provided by the Greater Gila River watershed and other rivers in the Gila National Forest for future generations of people in the State of New Mexico to enjoy;
and (4) wild and scenic river designations-- (A) recognize the importance of maintaining the values of the segments;
(B) are compatible with traditional values and cultural uses important to rural communities;
(C) provide multiple benefits to the local community and beyond, including by-- (i) focusing management on river and river- related resources and values, including supporting voluntary management on adjacent non-Federal land;
(ii) protecting rivers in a manner complementary to the Wilderness Act (16 U.S.C.
et seq.), as contemplated under section 10(b) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(b));
(iii) preserving and enhancing public access, including for the legal use of off- highway vehicles, while not opening private land to public access;
(iv) preserving and enhancing the protection of cultural artifacts and Tribal sacred and ceremonial sites;
(v) preserving and enhancing recreational opportunities;
(vi) encouraging and enhancing traditional uses, such as hunting and fishing;
(vii) better informing the public about areas in the region with exceptional characteristics and opportunities for unique experiences;
(viii) promoting the outdoor recreation economy;
and (ix) protecting and enhancing economic activity through protecting natural flows through designated segments;
(D) do not abrogate existing rights, privileges, or contracts, including-- (i) private property rights or restrict development or use on private land;
(ii) existing water rights, interstate water compacts, or existing irrigation systems and other water development or distribution facilities, including the ability to maintain the systems and facilities;
(iii) grazing operations;
or (iv) access for the public to public land within a designated river corridor;
and (E) do not open private land to public access.
(b) Purpose.--The purpose of this section is to protect for current and future generations of people in the United States the outstandingly remarkable scenic, natural, cultural, wildlife, fish, recreational, scientific, historic, cultural, ecological, and other values of certain segments of the Greater Gila River watershed and other rivers in the Gila National Forest.
(c) Definitions.--In this section:
1274(a)) (as added by subsection (d)).(b)).
(d)(b) Designation of Segments.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
``(231) Gila river system, new mexico.--The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(c)2(a) of the M.H.
``(G) Gila river, gila lower box.-- ``(i) The approximately 3.1-mile segment, as generally depicted on the map entitled `Gila River, Gila Lower Box' and dated April 21, 2020, as a recreational river.
``(ii) The approximately 6.1-mile segment, as generally depicted on the map entitled `Gila River, Gila Lower Box' and dated April 21, 2020, as a wild river.
``(H) Gila river, gila middle box.-- ``(i) The approximately 0.6-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.
``(ii) The approximately 0.4-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box'' and dated April 30, 2020, as a recreational river.
``(iii) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.
``(iv) The approximately 0.3-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.
``(v) The approximately 1.6-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a recreational river.
``(vi) The approximately 9.8-mile segment, as generally depicted on the map entitled `Gila River, Gila Middle Box' and dated April 30, 2020, as a wild river.
``(V) San francisco river, devil's creek.-- ``(i) The approximately 1.8-mile segment, as generally depicted on the map entitled `M.H.`San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
Dutch``(ii) SalmonThe Greaterapproximately Gila6.4-mile Wildsegment, andas Scenicgenerally Riversdepicted Acton Discussionthe Draft'map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
``(ii)``(iii) The approximately 6.4-mile6.1-mile segment, as generally depicted on the map entitled `M.H.`San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenic river.
Dutch``(iv) SalmonThe Greaterapproximately Gila1.2-mile Wildsegment, andas Scenicgenerally Riversdepicted Acton Discussionthe Draft'map entitled `San Francisco River, Devil's Creek' and dated October 29, 2021, as a scenicrecreational river.
``(iii)``(v) The approximately 6.1-mile5.9-mile segment, as generally depicted on the map entitled `M.H.`San Francisco River, Devil's Creek' and dated October 29, 2021, as a recreational river.
Dutch Salmon Greater Gila Wild and Scenic Rivers Act Discussion Draft' and dated October 29, 2021, as a scenic river.
``(iv) The approximately 1.2-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated March 27, 2020, as a recreational river.
``(v) The approximately 5.9-mile segment, as generally depicted on the map entitled `San Francisco River, Devil's Creek' and dated March 27, 2020, as a recreational river.
(e)(c) Withdrawal.--Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws;
(f)(d) Maps;
(g)(e) Comprehensive River Management Plan.--The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
(h)(f) Incorporation of Acquired Land and Interests in Land.--If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment.
(i)(g) Effect of Section.-- (1) Effect on rights.--In accordance with section 12(b) of the Wild and Scenic Rivers Act (16 U.S.C.
(C) existing points of diversion, including appropriate maintenance, repair, or replacement;
(D) existing water distribution infrastructure, including appropriate maintenance, repair, or replacement;
(2) Condemnation.--NoMining landactivities.--Nothing or interest in land shall be acquired under this section or an amendment made by this sectionsection-- without(A) limits the consentlicensing, development, operation, or maintenance of mining activities or mineral processing facilities outside the owner.boundaries of a covered segment;
(3)or Relationship(B) toaffects otherany law.--Nothingrights, inobligations, thisprivileges, sectionor amendsbenefits granted under any permit or otherwiseapproval affectswith therespect Arizonato Watersuch Settlementsmining Actactivities (Publicor Lawmineral 108-451;processing facilities.
(3) Condemnation.--No land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner.
(4) Relationship to other law.--Nothing in this section amends or otherwise affects the Arizona Water Settlements Act (Public Law 108-451;
(4)(5) SpeciesNative recovery.--fish habitat restoration .-- (A) InExisting general.--Notwithstandingprojects.--Nothing in this section 7or an amendment made by this section affects the authority of the WildSecretary andconcerned Scenicor Riversthe State to operate, maintain, replace, or improve a native fish habitat restoration project (including fish barriers) in existence as of the date of enactment of this Act (16within U.S.C.a covered segment.
1278) and subject to subparagraphs (B) andNew (C),projects.--Notwithstanding thesection Secretary7 concerned may authorize the construction, maintenance, or replacement of 1 or more fish barriers or other projects with respect to a covered segment if the SecretaryWild concernedand determinesScenic thatRivers the fish barrier or other project-- (i) is necessary for the recovery of a species that is-- (I) listed as endangered or threatened under the Endangered Species Act of 1973 (16 U.S.C.
15311278), etthe seq.);Secretary concerned may authorize the construction of a native fish habitat restoration project (including any necessary fish barriers) within a covered segment if the project-- (i) would enhance the recovery of a species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C.
and1531 (II)et identifiedseq.), asa ansensitive outstandinglyspecies, remarkableor valuea species of thegreatest coveredconservation segmentneed, inincluding accordance with the WildGila andTrout Scenic(Oncorhynchus Riversgilae); Act (16 U.S.C.
1271and et(ii) seq.);would not unreasonably diminish the free-flowing nature or outstandingly remarkable values of the covered segment.
and(C) (ii)Projects iswithin includedwilderness inareas.--A thenative applicablefish specieshabitat recoveryrestoration planproject prepared(including underfish sectionbarriers) 4located within an area designated as a component of the EndangeredNational SpeciesWilderness ActPreservation ofSystem 1973shall be constructed consistent with-- (i) the Wilderness Act (16 U.S.C.
1533).1131 et seq.);
(B)and Review(ii) required.--A project authorized under subparagraph (A) shall be reviewed in accordance with section 7 of the Wildapplicable andwilderness Scenicmanagement Riversplan. Act (16 U.S.C.
1278),(6) butState aland findingjurisdiction.--Nothing thatin thethis projectsection doesor notan meetamendment made by this section affects the applicablejurisdiction evaluationof standardland under thatthe sectionjurisdiction shallof not,the State, including land under the jurisdiction of itself,the precludeNew Mexico State Land Office and the projectNew fromMexico beingDepartment carriedof out.Game and Fish.
(C)(7) ImpactsFish minimized.--Forand anywildlife.--Nothing projectin authorizedthis undersection subparagraphor (A),an theamendment Secretarymade concernedby shallthis ensuresection thataffects any impacts to the free-flowingjurisdiction characteristics of the riverState andwith otherrespect outstandingly remarkable river and scenic values are minimized to thefish maximum extent the Secretary concerned determines to be practicable, consistent with the natural appearance and accessibilitywildlife of the covered segment as in existence on the dateState. of enactment of this Act.
(D)(8) Assistance.--NothingTreaty rights.--Nothing in this paragraphsection prohibitsor aan Federalamendment agencymade fromby assistingthis withsection aalters, loan,modifies, grant,diminishes, or permit,extinguishes orthe providingreserved treaty rights of any otherIndian formTribe ofwith assistance,respect forto hunting, fishing, gathering, and cultural or religious rights in the vicinity of a projectcovered authorizedsegment underas subparagraphprotected (A).by a treaty.
(5) State land jurisdiction.--Nothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish.
(6) Fish and wildlife.--Nothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State.
(7) Treaty rights.--Nothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty.
<all>Calendar No.
685 117th CONGRESS 2d Session S.
3129 [Report No.
117-283] _______________________________________________________________________ A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
_______________________________________________________________________ December 20, 2022 Reported with an amendment
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- Reported Reported to Senate Current html December 20, 2022
- Introduced Introduced in Senate html November 02, 2021
Action History
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Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. With written report No. 117-283.
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Committee on Energy and Natural Resources. Reported by Senator Manchin with an amendment in the nature of a substitute. With written report No. 117-283.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 685.
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Committee on Energy and Natural Resources. Ordered to be reported with an amendment favorably.
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Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 117-301.
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Introduced in Senate
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Read twice and referred to the Committee on Energy and Natural Resources.
Sponsors
- Martin Heinrich · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 546 not signed on
Sponsors (1)
- Heinrich, Martin Democratic
Co-sponsors (0)
None.
Not signed on (546)
546 members have not signed on to this bill.
Show all 546 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors S 3129?
- S 3129 is sponsored by Heinrich, Martin (Democratic).
- What is the current status of S 3129?
- This bill died with 117th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track S 3129?
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