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Caja del Rio Protection Act
Introduced Apr 30, 2026 · Last action Jul 15, 2026 — Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
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Summary
This legislation is called the Caja del Rio Protection Act. Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4458 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4458
To establish the Caja del Rio Special Management Area and Caja del Rio
National Conservation Area in the State of New Mexico, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2026
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Caja del Rio Special Management Area and Caja del Rio
National Conservation Area in the State of 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Caja del Rio
Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CAJA DEL RIO SPECIAL MANAGEMENT AREA
Sec. 101. Establishment of the Caja del Rio Special Management Area.
Sec. 102. Management of the Special Management Area.
TITLE II--CAJA DEL RIO NATIONAL CONSERVATION AREA
Sec. 201. Establishment of the Caja del Rio National Conservation Area.
Sec. 202. Management of the Conservation Area.
Sec. 203. Land exchanges.
TITLE III--GENERAL PROVISIONS
Sec. 301. Management of Covered Areas.
Sec. 302. Tribal contracting and protected rights.
Sec. 303. Effect.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Caja del Rio National Conservation Area established
by section 201(a)(1).
(2) Covered area.--The term ``covered area'' means each
of--
(A) the Conservation Area; and
(B) the Special Management Area.
(3) Decommission.--The term ``decommission,'' with respect
to a road, means--
(A) reestablishing native vegetation on the road;
(B) effectively blocking the road to vehicular
traffic, where feasible; and
(C) developing and implementing an effective
monitoring and response plan for invasive species and
vehicular traffic incursions.
(4) Ecological restoration.--The term ``ecological
restoration'' has the meaning given the term ``restoration'' in
section 4 of the Southwest Forest Health and Wildfire
Prevention Act of 2004 (16 U.S.C. 6703).
(5) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703).
(6) Indian tribe.--The tern ``Indian Tribe'' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(7) Indigenous knowledge.--The term ``Indigenous
knowledge'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (or a successor
regulation).
(8) Interested indian tribe.--The term ``interested Indian
Tribe'', with respect to the covered area, means an Indian
Tribe with--
(A) historic, precontact, cultural, or religious
connections to the public land within the covered area;
(B) a former reservation located within the covered
area; or
(C) treaty rights or other reserved rights
associated with the covered area.
(9) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that--
(A) is recognized under New Mexico Statutes Chapter
49, Articles 1 and 4 (or a successor statute);
(B) has a record of traditional historic use in the
covered area; or
(C) has a patented exterior boundary that is or was
previously located on or adjacent to the covered area.
(10) Map.--The term ``Map'' means the map entitled ``The
Caja del Rio Special Management Area and National Conservation
Area'' and dated April 20, 2026.
(11) Secretary.--The term ``Secretary'' means--
(A) in title I, the Secretary of Agriculture;
(B) in title II, the Secretary of the Interior; and
(C) in this section and title III--
(i) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Secretary of the Interior; and
(ii) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Secretary of Agriculture.
(12) Special management area.--The term ``Special
Management Area'' means the Caja del Rio Special Management
Area established by section 101(a)(1).
(13) State.--The term ``State'' means the State of New
Mexico.
(14) Traditional historic community.--The term
``traditional historic community'' means a historic community
that--
(A) meets the definition of that term in New Mexico
Statutes Section 3-7-1.1 (or a successor statute); and
(B) has a record of traditional historic use in the
covered area.
(15) Traditional historic use.--The term ``traditional
historic use'' means a habitual use conducted by a land grant-
merced or traditional historic community within the covered
area for noncommercial or personal benefit, including--
(A) hunting, fishing, grazing, wood gathering,
pinon harvesting, or herb and plant gathering; or
(B) any long-established and habitual and
sustainable use by the land grant-merced or traditional
historic community, as determined by the Secretary, in
coordination with the land grant-merced or traditional
historic community, that is agreed to in writing by the
Secretary and the land grant-merced or traditional
historic community.
(16) Tribal organization.--The term ``Tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304), except that such organization shall be affiliated with
an interested Indian Tribe.
(17) Withdrawal area.--The term ``withdrawal area'' means
the area withdrawn by section 401.
TITLE I--CAJA DEL RIO SPECIAL MANAGEMENT AREA
SEC. 101. ESTABLISHMENT OF THE CAJA DEL RIO SPECIAL MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Caja del Rio Special Management Area in the
State.
(2) Land included.--The Special Management Area shall
consist of approximately 67,163 acres of Federal land in the
Santa Fe National Forest in the State as generally depicted as
``Caja del Rio Special Management Area'' on the Map.
(b) Purposes.--The purposes of the Special Management Area are--
(1) to conserve and permanently protect the cultural,
spiritual, religious, scenic viewshed, ecological, wildlife
habitat, natural, geological, historical, and traditional
values of the Special Management Area; and
(2) to enhance opportunities for interested Indian Tribes
to engage in the preservation and management of the Special
Management Area.
SEC. 102. MANAGEMENT OF THE SPECIAL MANAGEMENT AREA.
(a) In General.--The Secretary shall manage the Special Management
Area--
(1) subject to valid existing rights;
(2) in accordance with--
(A) this Act;
(B) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
(C) any other applicable laws; and
(3) in a manner that conserves, protects, and enhances the
resources of the Special Management Area.
(b) Uses.--The Secretary shall allow only uses of the Special
Management Area that are consistent with--
(1) opportunities for cultural, spiritual, religious,
medicinal, and traditional historic practices within the
Special Management Area; and
(2) the purposes described in section 101(b).
(c) Management Plan.--
(1) Plan required.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the Special Management Area.
(2) Coordination and consultation.--The Secretary shall
prepare and revise the management plan required under paragraph
(1)--
(A) in coordination with--
(i) the Secretary of the Interior, with
respect to the development of a management plan
for the Conservation Area and the withdrawal
area, as described in section 202(c);
(ii) the Director of the National Park
Service and the Director of the Bureau of Land
Management, with respect to the administration,
protection, and interpretation of the El Camino
Real de Tierra Adentro National Historic Trail;
(iii) the State; and
(iv) applicable units of local government,
including any applicable land grant-mercedes or
traditional historic communities; and
(B) in consultation with interested Indian Tribes.
(3) Travel management.--
(A) In general.--The Secretary shall include in the
management plan required under paragraph (1) a travel
management plan to decrease unauthorized road access
and motorized use in the Special Management Area.
(B) Designation and maintenance of roads.--
(i) In general.--Except as provided in
clause (ii), only roads depicted on the Map
shall be designated and maintained by the
Secretary in the Special Management Area.
(ii) Additional roads.--The Secretary may
designate roads in the Special Management Area
in addition to the roads referred to in clause
(i) if the Secretary determines the additional
roads are necessary--
(I) to achieve the purposes
described in section 101(b); or
(II) not more than 1 mile from the
historic settlement area commonly known
as ``Buckman'', to accommodate critical
water infrastructure or recreation
access.
(4) Existing agreements.--To the maximum extent
practicable, the Secretary shall incorporate into the
management plan required under paragraph (1) stewardship
agreements or contracts relating to the Federal land described
in section 101(a)(2) that exist on the date of enactment of
this Act.
(5) Cooperating agency.--At the request of an interested
Indian Tribe, the Secretary shall include the interested Indian
Tribe as a cooperating agency in the development and revision
of the management plan required under paragraph (1).
(6) Indigenous knowledge.--At the request of an interested
Indian Tribe, the Secretary shall ensure that Indigenous
knowledge is incorporated into the development and revision of
the management plan required under paragraph (1).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Special Management Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
TITLE II--CAJA DEL RIO NATIONAL CONSERVATION AREA
SEC. 201. ESTABLISHMENT OF THE CAJA DEL RIO NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Caja del Rio National Conservation Area in the
State.
(2) Land included.--The Conservation Area shall consist of
approximately 17,837 acres of Bureau of Land Management land in
the State as generally depicted as ``Caja del Rio-National
Conservation Area'' on the Map.
(b) Purposes.--The purposes of the Conservation Area are--
(1) to conserve and permanently protect the cultural,
spiritual, religious, scenic viewshed, ecological, wildlife
habitat, natural, geological, historical, and traditional
values of the Conservation Area; and
(2) to enhance opportunities for interested Indian Tribes
to engage in the preservation and management of the
Conservation Area.
SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary shall manage the Conservation Area--
(1) subject to valid and existing rights;
(2) in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable laws;
(3) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(4) as a component of the National Landscape Conservation
System.
(b) Uses.--The Secretary shall allow only uses of the Conservation
Area that are consistent with--
(1) opportunities to undertake cultural, spiritual,
medicinal, religious, or traditional historic use practices in
the Conservation Area; and
(2) the purposes described in section 201(b).
(c) Management Plan.--
(1) Plan required.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the Conservation Area and the withdrawal area.
(2) Coordination and consultation.--The Secretary shall
prepare and revise the management plan required under paragraph
(1)--
(A) in coordination with--
(i) the Secretary of Agriculture, with
respect to the development of a management plan
for the Special Management Area, as described
in section 102(c);
(ii) the Director of the National Park
Service and the Chief of the Forest Service,
with respect to the administration, protection,
and interpretation of the El Camino Real de
Tierra Adentro National Historic Trail;
(iii) the State; and
(iv) applicable units of local government,
including any applicable land grant-mercedes or
traditional historic communities; and
(B) in consultation with interested Indian Tribes.
(3) Existing agreements.--To the maximum extent
practicable, the Secretary shall incorporate into the
management plan required under paragraph (1) stewardship
agreements or contracts relating to the Federal land described
in section 201(a)(2) that exist on the date of enactment of
this Act.
(4) Cooperating agency.--At the request of an interested
Indian Tribe, the Secretary shall include the interested Indian
Tribe as a cooperating agency in the development and revision
of the management plan required under paragraph (1).
(5) Indigenous knowledge.--At the request of an interested
Indian Tribe, the Secretary shall ensure that Indigenous
knowledge is incorporated into the development and revision of
the management plan required under paragraph (1).
(d) Travel Management.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare a travel
management plan to decrease unauthorized road access and
motorized use in the Conservation Area and the withdrawal area.
(2) Requirement.--In preparing the travel management plan
under paragraph (1), the Secretary shall designate the use of
motorized vehicles only on--
(A) the road within the Conservation Area
identified as CR 55C or ``Old Route 66''; and
(B) any roads in the Conservation Area and the
withdrawal area that the Secretary determines to be
necessary--
(i) to achieve the purposes described in
section 201(b); and
(ii) to allow for access to private
property or critical infrastructure.
(e) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Conservation Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
SEC. 203. LAND EXCHANGES.
(a) In General.--Subject to subsections (c) through (f), 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 18 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 the Bureau of Land
Management land in the State identified under subsection (b) 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 Conservation Area described in section
201(a)(2) or the boundary of the withdrawal area described in section
401.
(b) 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 in the State and State trust land
eligible for exchange under this section, the exact acreage and legal
description of which shall be determined by surveys approved by the
Secretary and the New Mexico State Land Office.
(c) Applicable Law.--A land exchange under subsection (a) shall be
carried out in accordance with section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716).
(d) Conditions.--A land exchange under subsection (a) shall be
subject to--
(1) valid existing rights; and
(2) such terms as the Secretary and the State shall
establish.
(e) Valuation, Appraisals, and Equalization.--
(1) 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 section--
(A) shall be equal, as determined by appraisals
conducted in accordance with paragraph (2); or
(B) if not equal, shall be equalized in accordance
with paragraph (3).
(2) Appraisals.--
(A) In general.--The Bureau of Land Management land
and State trust land to be exchanged under this section
shall be appraised by an independent, qualified
appraiser that is agreed to by the Secretary and the
State.
(B) Requirements.--An appraisal under subparagraph
(A) shall be conducted in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(3) Equalization.--
(A) 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 equal, the
value may be equalized by--
(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
(ii) reducing the acreage of the Bureau of
Land Management land or State trust land to be
exchanged, as appropriate.
(B) Cash equalization payments.--Any cash
equalization payments received by the Secretary under
subparagraph (A)(i) shall be--
(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
(ii) used in accordance with that Act (43
U.S.C. 2301 et seq.).
(f) Limitation.--No exchange of land shall be conducted under this
section unless mutually agreed to by the Secretary and the State.
TITLE III--GENERAL PROVISIONS
SEC. 301. MANAGEMENT OF COVERED AREAS.
(a) Road Construction.--
(1) Permanent roads.--No new permanent road construction
shall be permitted in a covered area unless otherwise
designated under section 102(c)(3)(B) or 202(d)(2).
(2) Temporary roads.--Except as necessary for
administrative purposes, the protection of health and safety,
the control of fire, insects, or diseases, to facilitate
cultural uses, or to provide reasonable access to private
property, no temporary road construction shall be permitted in
a covered area.
(3) Decommissioning of roads.--Not later than 3 years after
the date of enactment of this Act, the Secretary shall
decommission any road in a covered area that has not been
designated on the Map or in the applicable travel management
plan for the covered area.
(b) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (2), the
use of motorized vehicles in a covered area shall be permitted
only on roads that are designated on the Map or in the
applicable travel management plan for the covered area.
(2) Exceptions.--The use of motorized vehicles may be
allowed in a covered area on roads not described in paragraph
(1) if the use is necessary--
(A) for administrative purposes;
(B) to respond to an emergency;
(C) for Tribal religious or cultural practices; or
(D) for grazing in accordance with subsection (d).
(c) Withdrawals.--
(1) In general.--Subject to valid existing rights, all
Federal land within a covered area, including any land or
interest in land that is acquired by the United States within
the covered area after the date of enactment of this Act, is
withdrawn from--
(A) all forms of entry, appropriation, or disposal
under public land laws, including the issuance of new
rights-of-way on, under, or through the applicable
Federal land;
(B) location, entry, and patent under mining laws;
and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Additional land.--If the Secretary acquires additional
land within a covered area or the withdrawal area after the
date of enactment of this Act, the acquired land is withdrawn
from operation of the laws referred to in paragraph (1) on the
date of acquisition of the land.
(d) Grazing.--The grazing of livestock in a covered area, as
established before the date of enactment of this Act, shall be
permitted to continue--
(1) subject to such reasonable regulations, policies, and
practices as the Secretary considers necessary;
(2) in accordance with applicable law; and
(3) in a manner consistent with the purposes of the
applicable covered area described in section 101(b) or 201(b).
(e) Wildfire, Insect, and Disease Management.--Nothing in this Act
prohibits the Secretary, in cooperation with other Federal, State, and
local agencies, as appropriate, from conducting any measures necessary
to control wildland fire, insects, and diseases in a covered area,
consistent with the purposes of this Act.
(f) Ecological Restoration.--
(1) In general.--Ecological restoration in a covered area
may be permitted--
(A) if necessary to protect, maintain, or enhance
the applicable covered area (including the protection
of traditional food or material gathering);
(B) for any purposes necessary to control wildland
fire, insects, and diseases; and
(C) to support the resilience of watersheds and
wildlife habitat.
(2) Requirement.--Ecological restoration under paragraph
(1) shall be carried out in a covered area--
(A) subject to such reasonable regulations,
policies, and practices as the Secretary considers
necessary;
(B) in a manner consistent with the purposes of the
applicable covered area as described in section 101(b)
or 201(b); and
(C) in accordance with applicable law.
(g) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of a covered area or
contiguous to a covered area, as depicted on the Map, by
donation, purchase from a willing seller, or exchange.
(2) Incorporation of acquired land and interests in land.--
Any land or interest in land acquired under paragraph (1)
shall--
(A) if the acquired land or interest in land is
within the Santa Fe National Forest, become part of the
Special Management Area; or
(B) if the acquired land or interest in land is not
located within the Santa Fe National Forest, become
part of the Conservation Area.
(3) Withdrawal area.--The Secretary of the Interior may
acquire any land or interest in land within the boundary of the
withdrawal area, as depicted on the Map, by donation, purchase
from a willing seller, or exchange.
(h) Law Enforcement.--
(1) In general.--The Secretary shall ensure adequate law
enforcement presence in a covered area with respect to law
enforcement matters under the jurisdiction of the Secretary to
maintain the integrity of the covered area.
(2) No effect on jurisdiction.--Nothing in this Act limits
or otherwise affects the civil or criminal regulatory
jurisdiction, including law enforcement, for issues under the
jurisdiction of an Indian Tribe.
(3) Penalties.--In developing a management plan for a
covered area, the Secretary may consider provisions for
increased penalties for unauthorized activities in the covered
area, including littering, vandalism, damage to cultural sites,
and unauthorized recreational shooting.
(i) Notice of Available Routes and Prohibited Uses.--The Secretary
shall ensure that visitors to a covered area have access to adequate
notice relating to designated routes, roads, and prohibited uses in the
covered area through--
(1) the placement of appropriate signage along designated
routes, parking areas, trailheads, or any other highly visited
area, including notice of penalties for prohibited uses; and
(2) the distribution of maps, safety education materials,
and other information that the Secretary determines to be
appropriate.
SEC. 302. TRIBAL CONTRACTING AND PROTECTED RIGHTS.
(a) Tribal Contracting.--
(1) In general.--The Secretary may contract with 1 or more
interested Indian Tribes or Tribal organizations to perform
administrative or management functions within a covered area
through--
(A) contracts entered into under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5301 et seq.);
(B) agreements or contracts entered into under
section 2 of the Tribal Forest Protection Act of 2004
(25 U.S.C. 3115a);
(C) agreements or contracts for stewardship
contracting projects entered into under section 604 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591c); and
(D) any other applicable authority.
(2) Tribal assistance.--Using any applicable authority, the
Secretary may provide technical and financial assistance to an
interested Indian Tribe to improve the capacity of the
interested Indian Tribe to develop, enter into, and carry out
activities under an agreement or contract entered into under
paragraph (1).
(b) Tribal Cultural and Religious Uses.--
(1) In general.--Nothing in this Act diminishes any Tribal
rights relating to access to a covered area for Tribal
activities, including spiritual, cultural, medicinal, and
traditional food gathering activities.
(2) Tribal uses and interests.--
(A) Access and use.--In accordance with applicable
law, the Secretary shall ensure access to a covered
area by members of an interested Indian Tribe for
traditional cultural and religious purposes.
(B) Temporary closure.--
(i) In general.--In carrying out
subparagraph (A), the Secretary, on request of
an interested Indian Tribe, may temporarily
close to the general public the use of 1 or
more specific portions of a covered area to
protect the privacy of cultural, religious, and
food, medicinal, and materials gathering
activities by members of the interested Indian
Tribe.
(ii) Requirements.--
(I) In general.--Any closure under
clause (i) shall be made so as to
affect the smallest practicable area
for the minimum period of time
necessary.
(II) Access.--Access by members of
an interested Indian Tribe to a portion
of a covered area closed under clause
(i) shall be consistent with the
purpose and intent of Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996 et seq.) and other
applicable law.
(c) Federally Secured Rights.--
(1) Federally secured rights.--Nothing in this Act alters,
modifies, enlarges, diminishes, or abrogates rights secured by
treaty, statute, Executive order, or other Federal law of any
interested Indian Tribe, including off-reservation reserved
rights.
(2) Indian land.--Nothing in this Act affects any Indian
land.
(3) Land claims.--The designation of a covered area does
not affect any legitimate land claims to the covered area that
were secured by treaty or an Act of Congress.
(d) Plant and Mineral Gathering for Cultural Purposes.--
(1) In general.--Notwithstanding section 2.6 of title 36,
Code of Federal Regulations (or a successor regulation), the
Secretary shall allow an enrolled member of any interested
Indian Tribe that is culturally affiliated with the land
located within the boundaries of a covered area or Bandelier
National Monument to collect plants, including parts or
products of plants, and mineral resources within the applicable
covered area or Bandelier National Monument for noncommercial
traditional and cultural uses.
(2) Application.--
(A) In general.--Except as provided in subparagraph
(B), a collection activity under paragraph (1) shall
be--
(i) consistent with applicable laws; and
(ii) subject to such conditions as the
Secretary determines to be necessary to protect
the resources and values of the applicable
covered area or Bandelier National Monument.
(B) Quantity limitations.--
(i) Existing regulations.--No quantity
limitation contained in a regulation of the
National Park Service, Forest Service, or
Bureau of Land Management, as applicable, in
effect on the date of enactment of this Act
shall apply to a collection activity under
paragraph (1).
(ii) Limitations imposed by the
secretary.--The Secretary may limit the
quantity of plants, including parts or products
of plants, and mineral resources collected
under paragraph (1) if the Secretary determines
that the limitation is necessary to protect the
resources and values of the applicable covered
area or Bandelier National Monument.
SEC. 303. EFFECT.
(a) Treaty Rights.--Nothing in this Act affects the treaty rights
of any Indian Tribe or land grant-merced.
(b) Water Rights.--
(1) In general.--Nothing in this Act--
(A) constitutes an express or implied reservation
by the United States of water or water rights for any
purpose;
(B) modifies or otherwise affects any water rights
existing on the date of enactment of this Act,
including any water rights held by the United States;
(C) affects an interstate water compact existing on
the date of enactment of this Act; or
(D) imposes any mandatory streamflow requirement or
any Federal water quality standard within the covered
land.
(2) State water law.--The Secretary shall follow the
procedural and substantive requirements of applicable State law
to obtain and hold any water rights not in existence on the
date of enactment of this Act with respect to a covered area.
(c) Drinking Water Infrastructure.--
(1) In general.--Nothing in this Act affects valid existing
rights, including the existing rights-of-way of Santa Fe
County, the city of Santa Fe, or the Buckman Direct Diversion
Board in the State, to conduct necessary repair, operations,
maintenance, replacement, or expansion of drinking water supply
infrastructure.
(2) New permits or rights-of-way.--The Secretary may grant
to Santa Fe County or the city of Santa Fe in the State new
permits or rights-of-way to build water supply infrastructure
not more than 1 mile from the historic settlement area commonly
known as ``Buckman'' within the Special Management Area.
(3) Requirement.--Any repair, operations, maintenance,
replacement, expansion, or new construction of water supply
infrastructure in a covered area shall be conducted in a manner
that is consistent with the purposes of this Act.
(d) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establish periods during which, hunting shall not be allowed
within a covered area for reasons of public safety, administration, or
public use and enjoyment.
(e) Nondisclosure.--
(1) In general.--The Secretary shall not disclose to the
public--
(A) information relating to the covered area that
is derived from Indigenous knowledge that has not
otherwise been released to the public as of the date of
enactment of this Act; or
(B) information relating to the nature or location
of any sacred site in a covered area, if the Secretary
determines, in consultation with the interested Indian
Tribe, that such a disclosure may--
(i) risk harm to the cultural resources of
the sacred site;
(ii) cause a significant invasion of
privacy; or
(iii) impede the use of the sacred site for
traditional cultural activities by an Indian
Tribe or members of an Indian Tribe.
(2) Freedom of information act applicability.--
(A) In general.--Information described in paragraph
(1) shall be exempt from disclosure under section 552
of title 5, United States Code.
(B) Applicability.--For purposes of subparagraph
(A), this subsection shall be considered a statute
described in section 552(b)(3)(B) of title 5, United
States Code.
TITLE IV--CAJA DEL RIO WITHDRAWAL AREA
SEC. 401. WITHDRAWAL.
Subject to any valid existing rights, the Federal land and any
interest in the Federal land depicted as ``Caja del Rio Withdrawal
Area'' on the Map is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Heinrich, Martin [D-NM-1]DHouseNM
Cosponsors
Votes
Voting records are not yet available for this bill.