S 441 — Organ Mountains-Desert Peaks Conservation Act

or</DELETED> <DELETED> (bb) the safety of the military members training;

and</DELETED> <DELETED> (IV) to the maximum extent practicable, provide for the protection of natural, historic, and cultural resources in the area of the parcel.</DELETED> <DELETED> (F) Military overflights.--Nothing in this paragraph restricts or precludes--</DELETED> <DELETED> (i) low-level overflights of military aircraft over the parcel, including military overflights that can be seen or heard within the parcel;</DELETED> <DELETED> (ii) the designation of new units of special airspace over the parcel;

or</DELETED> <DELETED> (iii) the use or establishment of military flight training routes over the parcel.</DELETED> <DELETED> (l) Potential Wilderness Area.--</DELETED> <DELETED> (1) Robledo mountains potential wilderness area.-- </DELETED> <DELETED> (A) In general.--Certain land administered by the Bureau of Land Management, comprising approximately 100 acres as generally depicted as ``Potential Wilderness'' on the map entitled ``Desert Peaks Complex'' and dated April 13, 2016, is designated as a potential wilderness area.</DELETED> <DELETED> (B) Uses.--The Secretary shall permit only such uses on the land described in subparagraph (A) that were permitted on the date of enactment of this Act.</DELETED> <DELETED> (C) Designation as wilderness.--</DELETED> <DELETED> (i) In general.--On the date on which the Secretary publishes in the Federal Register the notice described in clause (ii), the potential wilderness area designated under subparagraph (A) shall be--</DELETED> <DELETED> (I) designated as wilderness and as a component of the National Wilderness Preservation System;

and</DELETED> <DELETED> (II) incorporated into the Robledo Mountains Wilderness designated by subsection (a)(6).</DELETED> <DELETED> (ii) Notice.--The notice referred to in clause (i) is notice that--</DELETED> <DELETED> (I) the communications site within the potential wilderness area designated under subparagraph (A) is no longer used;</DELETED> <DELETED> (II) the associated right- of-way is relinquished or not renewed;

and</DELETED> <DELETED> (III) the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (16 U.S.C.

1131 et seq.).</DELETED> <DELETED> (m) Release of Wilderness Study Areas.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1782(c)), the public land in Dona Ana County administered by the Bureau of Land Management not designated as wilderness by subsection (a)--</DELETED> <DELETED> (1) has been adequately studied for wilderness designation;</DELETED> <DELETED> (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1782(c));

and</DELETED> <DELETED> (3) shall be managed in accordance with-- </DELETED> <DELETED> (A) the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1701 et seq.);</DELETED> <DELETED> (B) this Act;

and</DELETED> <DELETED> (C) any other applicable laws.</DELETED> <DELETED>SEC.

4.

BORDER SECURITY.</DELETED> <DELETED> (a) In General.--Nothing in this Act--</DELETED> <DELETED> (1) prevents the Secretary of Homeland Security from undertaking law enforcement and border security activities, in accordance with section 4(c) of the Wilderness Act (16 U.S.C.

1133(c)), within the wilderness areas, including the ability to use motorized access within a wilderness area while in pursuit of a suspect;</DELETED> <DELETED> (2) affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal land along the borders of the United States;

or</DELETED> <DELETED> (3) 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 purposes.</DELETED> <DELETED> (b) Withdrawal and Administration of Certain Area.-- </DELETED> <DELETED> (1) Withdrawal.--The area identified as ``Parcel A'' on the map entitled ``Potrillo Mountains Complex'' and dated April 18, 2016, is withdrawn in accordance with section 3(k)(1).</DELETED> <DELETED> (2) Administration.--Except as provided in paragraphs (3) and (4), the Secretary shall administer the area described in paragraph (1) in a manner that, to the maximum extent practicable, protects the wilderness character of the area.</DELETED> <DELETED> (3) Use of motor vehicles.--The use of motor vehicles, motorized equipment, and mechanical transport shall be prohibited in the area described in paragraph (1) except as necessary for--</DELETED> <DELETED> (A) the administration of the area (including the conduct of law enforcement and border security activities in the area);

or</DELETED> <DELETED> (B) grazing uses by authorized permittees.</DELETED> <DELETED> (4) Effect of subsection.--Nothing in this subsection precludes the Secretary from allowing within the area described in paragraph (1) the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities.</DELETED> <DELETED> (c) 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 18, 2016, shall be--</DELETED> <DELETED> (1) closed to public access;

but</DELETED> <DELETED> (2) available for administrative and law enforcement uses, including border security activities.</DELETED> <DELETED>SEC.

5.

ORGAN MOUNTAINS-DESERT PEAKS NATIONAL MONUMENT.</DELETED> <DELETED> (a) Management Plan.--In preparing and implementing the management plan for the Monument, the Secretary shall include a watershed health assessment to identify opportunities for watershed restoration.</DELETED> <DELETED> (b) Incorporation of Acquired State Trust Land and Interests in State Trust Land.--</DELETED> <DELETED> (1) In general.--Any land or interest in land that is within the State trust land described in paragraph (2) that is acquired by the United States shall--</DELETED> <DELETED> (A) become part of the Monument;

and</DELETED> <DELETED> (B) be managed in accordance with-- </DELETED> <DELETED> (i) Presidential Proclamation 9131 (79 Fed.

Reg.

30431);

and</DELETED> <DELETED> (ii) any other applicable laws.</DELETED> <DELETED> (2) Description of state trust land.--The State trust land referred to in paragraph (1) is the State trust land in T.

22 S., R 01 W., New Mexico Principal Meridian and T.

22 S., R.

02 W., New Mexico Principal Meridian.</DELETED> <DELETED> (c) Land Exchanges.--</DELETED> <DELETED> (1) In general.--Subject to paragraphs (3) through (6), the Secretary shall attempt to enter into an agreement to initiate an exchange under section 2201.1 of title 43, Code of Federal Regulations (or successor regulations), with the Commissioner of Public Lands of New Mexico, by the date that is months after the date of enactment of this Act, to provide for a conveyance to the State of all right, title, and interest of the United States in and to Bureau of Land Management land in the State identified under paragraph (2) in exchange for the conveyance by the State to the Secretary of all right, title, 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 (b)(2).</DELETED> <DELETED> (2) 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 subsection, the exact acreage and legal description of which shall be determined by surveys approved by the Secretary and the New Mexico State Land Office.</DELETED> <DELETED> (3) Applicable law.--A land exchange under paragraph (1) shall be carried out in accordance with section of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1716).</DELETED> <DELETED> (4) Conditions.--A land exchange under paragraph (1) shall be subject to--</DELETED> <DELETED> (A) valid existing rights;

and</DELETED> <DELETED> (B) such terms as the Secretary and the State shall establish.</DELETED> <DELETED> (5) Valuation, appraisals, and equalization.-- </DELETED> <DELETED> (A) 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-- </DELETED> <DELETED> (i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B);

or</DELETED> <DELETED> (ii) if not equal, shall be equalized in accordance with subparagraph (C).</DELETED> <DELETED> (B) Appraisals.--</DELETED> <DELETED> (i) In general.--The Bureau of Land Management land and State trust land to be exchanged under this subsection shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the State.</DELETED> <DELETED> (ii) Requirements.--An appraisal under clause (i) shall be conducted in accordance with--</DELETED> <DELETED> (I) the Uniform Appraisal Standards for Federal Land Acquisitions;

and</DELETED> <DELETED> (II) the Uniform Standards of Professional Appraisal Practice.</DELETED> <DELETED> (C) Equalization.--</DELETED> <DELETED> (i) 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 equal, the value may be equalized by--</DELETED> <DELETED> (I) making a cash equalization payment to the Secretary or to the State, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.

1716(b));

or</DELETED> <DELETED> (II) reducing the acreage of the Bureau of Land Management land or State trust land to be exchanged, as appropriate.</DELETED> <DELETED> (ii) Cash equalization payments.-- Any cash equalization payments received by the Secretary under clause (i)(I) shall be-- </DELETED> <DELETED> (I) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C.

2305(a));

and</DELETED> <DELETED> (II) used in accordance with that Act.</DELETED> <DELETED> (6) Limitation.--No exchange of land shall be conducted under this subsection unless mutually agreed to by the Secretary and the State.</DELETED> SECTION 1.

(1) Aden lava flow wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 27,673 acres, as generally depicted on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, which shall be known as the ``Aden Lava Flow Wilderness''.

(2) Broad canyon wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 13,902 acres, as generally depicted on the map entitled ``Desert Peaks Complex'' and dated AprilOctober 13,1, 2016,2018, which shall be known as the ``Broad Canyon Wilderness''.

(3) Cinder cone wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 16,935 acres, as generally depicted on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, which shall be known as the ``Cinder Cone Wilderness''.

(4) OrganEast potrillo mountains wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana Countyand Luna counties comprising approximately 19,91612,155 acres, as generally depicted on the map entitled ``Organ``Potrillo Mountains Area''Complex'' and dated September 21,27, 2016,2018, which shall be known as the ``Organ``East Potrillo Mountains Wilderness'',Wilderness''. the boundary of which shall be offset 400 feet from the centerline of Dripping Springs Road in T.

(5) Mount riley wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana and Luna counties comprising approximately 8,382 acres, as generally depicted on the map entitled ``Potrillo Mountains Complex'' and dated September 27, 2018, which shall be known as the ``Mount Riley Wilderness''.

(6) Organ mountains wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 19,916 acres, as generally depicted on the map entitled ``Organ Mountains Area'' and dated September 21, 2016, which shall be known as the ``Organ Mountains Wilderness'', the boundary of which shall be offset 400 feet from the centerline of Dripping Springs Road in T.

(5)(7) Potrillo mountains wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana and Luna counties comprising approximately 125,854105,085 acres, as generally depicted on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, which shall be known as the ``Potrillo Mountains Wilderness''.

(6)(8) Robledo mountains wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 16,776 acres, as generally depicted on the map entitled ``Desert Peaks Complex'' and dated AprilOctober 13,1, 2016,2018, which shall be known as the ``Robledo Mountains Wilderness''.

(7)(9) Sierra de las uvas wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana County comprising approximately 11,114 acres, as generally depicted on the map entitled ``Desert Peaks Complex'' and dated AprilOctober 13,1, 2016,2018, which shall be known as the ``Sierra de las Uvas Wilderness''.

(8)(10) Whitethorn wilderness.--Certain land administered by the Bureau of Land Management in Dona Ana and Luna counties comprising approximately 9,616 acres, as generally depicted on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, which shall be known as the ``Whitethorn Wilderness''.

(h) Paragliding.--The use of paragliding within areas of the East Potrillo Mountains Wilderness designated by subsection (a)(5)(a)(4) in which the use has been established before the date of enactment of this Act, shall be allowed to continue in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C.

(2) Parcel b.--The approximately 6,498 acres of land generally depicted as ``Parcel B'' on the map entitled ``Organ Mountains Area'' and dated September 21, 2016, is withdrawn in accordance with paragraph (1), except that the land is not withdrawn for purposes of the issuance of oil and gas pipeline or road rights-of-way.

(ii) Requirement.--In developing the plan under clause (i), the Secretary of the Army shall ensure, to the maximum extent practicable, that outdoor recreation activities may be conducted on the parcel, including:including hunting, hiking, wildlife viewing, and camping.

hunting, hiking, wildlife viewing, and camping.

(l) PotentialRobledo WildernessMountains.-- Area.-- (1) Robledo mountains potential wilderness area.-- (A) In general.--Certaingeneral.--The landSecretary administeredshall bymanage the BureauFederal ofland Landdescribed Management,in comprisingparagraph approximately(2) 100in acresa asmanner generallythat depictedpreserves asthe ``Potentialcharacter Wilderness''of on the mapland entitledfor ``Desertthe Peaksfuture Complex''inclusion andof datedthe Aprilland 13,in 2016,the isNational designatedWilderness asPreservation aSystem. potential wilderness area.

(B)(2) Uses.--TheLand Secretarydescription.--The shallland permitreferred onlyto suchin usesparagraph on(1) theis certain land describedadministered inby subparagraphthe (A)Bureau thatof wereLand permittedManagement, comprising approximately 100 acres as generally depicted as ``Lookout Peak Communication Site'' on the datemap ofentitled enactment``Desert ofPeaks thisComplex'' Act.and dated October 1, 2018.

(C)(3) DesignationUses.--The asSecretary wilderness.--shall (i)permit Inonly general.--Onsuch theuses date on which the Secretaryland publishesdescribed in theparagraph Federal(2) Registerthat thewere noticepermitted describedon in clause (ii), the potentialdate wildernessof areaenactment designated under subparagraph (A) shall be-- (I) designated as wilderness and as a component of thethis NationalAct. Wilderness Preservation System;

and (II) incorporated into the Robledo Mountains Wilderness designated by subsection (a)(6).

(ii) Notice.--The notice referred to in clause (i) is notice that-- (I) the communications site within the potential wilderness area designated under subparagraph (A) is no longer used;

(II) the associated right-of-way is relinquished or not renewed;

and (III) the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (16 U.S.C.

1131 et seq.).

1782(c)), the public land in Dona Ana County administered by the Bureau of Land Management not designated as wilderness by subsection (a)--(a) or described in subsection (l)-- (1) has been adequately studied for wilderness designation;

(n) Private Land.--In accordance with section 5 of the Wilderness Act (16 U.S.C.

1134), the Secretary shall ensure adequate access to non-Federal land located within the boundary of a wilderness area.

(b) Withdrawal and Administration of Certain Area.-- (1) Withdrawal.--The area identified as ``Parcel A'' on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, is withdrawn in accordance with section 3(k)(1).

(c) Restricted Route.--The route excluded from the Potrillo Mountains Wilderness identified as ``Restricted--Administrative Access'' on the map entitled ``Potrillo Mountains Complex'' and dated AprilSeptember 18,27, 2016,2018, shall be-- (1) closed to public access;

and (ii) anythis otherAct; applicable laws.

and (iii) any other applicable laws.

<all>Calendar No.

719 115th CONGRESS 2d Session S.

441 _______________________________________________________________________ A BILL To designate the Organ Mountains and other public land as components of the National Wilderness Preservation System in the State of New Mexico, and for other purposes.

_______________________________________________________________________ December 5, 2018 Reported with an amendment