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Code · BILL · 113th Congress · H.R. 3979 (EAH) — 113 HR 3979 EAH: Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015 · Sec. 3061

Sec. 3061. Columbine-Hondo Wilderness

1,628 words·~7 min read·/bill/113/hr/3979/eah/section-3061

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In this section: The term Red River Conveyance Map means the map entitled Town of Red River Town Site Act Proposal and dated April 19, 2012. The term Secretary means the Secretary of Agriculture. The term State means the State of New Mexico. The term Town means the town of Red River, New Mexico. The term Village means the village of Taos Ski Valley, New Mexico. The term Wilderness means the Columbine-Hondo Wilderness designated by subsection (b)(1)(A). The term Wilderness Map means the map entitled Columbine-Hondo, Wheeler Peak Wilderness and dated April 25, 2012.
In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the approximately 45,000 acres of land in the Carson National Forest in the State, as generally depicted on the Wilderness Map, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Columbine-Hondo Wilderness . Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with this section and the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall— become part of the Wilderness; and be managed in accordance with— the Wilderness Act ( 16 U.S.C. 1131 et seq. ); this subsection; and any other applicable laws.
Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617). Congress finds that, for purposes of section 103(a)(2) of Public Law 96–550 ( 16 U.S.C. 1132 note; 94 Stat. 3223), any Federal land in the Columbine-Hondo Wilderness Study Area administered by the Forest Service that is not designated as wilderness by subparagraph
(A)has been adequately reviewed for wilderness designation. The Federal land described in clause
(i)is no longer subject to subsections (a)(2) and
(b)of section 103 of Public Law 96–550 ( 16 U.S.C. 1132 note; 94 Stat. 3223). As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. The maps and legal descriptions prepared under clause
(i)shall have the same force and effect as if included in this section, except that the Secretary may correct errors in the maps and legal descriptions. The maps and legal descriptions prepared under clause
(i)shall be on file and available for public inspection in the appropriate offices of the Forest Service. Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i). Subject to valid existing rights, the Federal land described in subparagraphs
(A)and (E)(i) and any land or interest in land that is acquired by the United States in the Wilderness after the date of enactment of this Act is withdrawn from— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. Subject to valid existing rights, any Federal land added to or excluded from the boundary of the Wheeler Peak Wilderness under subparagraph
(A)is withdrawn from— entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws. Subject to the provisions of this paragraph, the Secretary shall convey to the Town, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the one or more parcels of Federal land described in subparagraph
(B)for which the Town submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. The parcels of Federal land referred to in subparagraph
(A)are the parcels of National Forest System land (including any improvements to the land) in Taos County, New Mexico, that are identified as Parcel 1 , Parcel 2 , Parcel 3 , and Parcel 4 on the Red River Conveyance Map. The conveyance under subparagraph
(A)shall be subject to— valid existing rights; public rights-of-way through Parcel 1 , Parcel 3 , and Parcel 4 ; an administrative right-of-way through Parcel 2 reserved to the United States; and such additional terms and conditions as the Secretary may require. As a condition of the conveyance under subparagraph (A), the Town shall use— Parcel 1 for a wastewater treatment plant; Parcel 2 for a cemetery; Parcel 3 for a public park; and Parcel 4 for a public road. In the quitclaim deed to the Town under subparagraph (A), the Secretary shall provide that any parcel of Federal land conveyed to the Town under subparagraph
(A)shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as required under subparagraph (D). The exact acreage and legal description of the National Forest System land conveyed under subparagraph
(A)shall be determined by a survey approved by the Secretary. The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. Subject to the provisions of this paragraph, the Secretary shall convey to the Village, without consideration and by quitclaim deed, all right, title, and interest of the United States in and to the parcel of Federal land described in subparagraph
(B)for which the Village submits a request to the Secretary by the date that is not later than 1 year after the date of enactment of this Act. The parcel of Federal land referred to in subparagraph
(A)is the parcel comprising approximately 4.6 acres of National Forest System land (including any improvements to the land) in Taos County generally depicted as Parcel 1 on the map entitled Village of Taos Ski Valley Town Site Act Proposal and dated April 19, 2012. The conveyance under subparagraph
(A)shall be subject to— valid existing rights; an administrative right-of-way through the parcel of Federal land described in subparagraph
(B)reserved to the United States; and such additional terms and conditions as the Secretary may require. As a condition of the conveyance under subparagraph (A), the Village shall use the parcel of Federal land described in subparagraph
(B)for a wastewater treatment plant. In the quitclaim deed to the Village, the Secretary shall provide that the parcel of Federal land conveyed to the Village under subparagraph
(A)shall revert to the Secretary, at the election of the Secretary, if the parcel of Federal land is used for a purpose other than the purpose for which the parcel was conveyed, as described in subparagraph (D). The exact acreage and legal description of the National Forest System land conveyed under subparagraph
(A)shall be determined by a survey approved by the Secretary. The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. Subject to the provisions of this paragraph and in exchange for consideration in an amount that is equal to the fair market value of the applicable parcel of National Forest System land, the Secretary may convey— to the holder of the permit numbered QUE302101 for use of the parcel, the parcel of National Forest System land comprising approximately 0.2 acres that is generally depicted as Parcel 5 on the Red River Conveyance Map; and to the owner of the private property adjacent to the parcel, the parcel of National Forest System land comprising approximately 0.1 acres that is generally depicted as Parcel 6 on the Red River Conveyance Map. Any amounts received by the Secretary as consideration for a conveyance under subparagraph
(A)shall be— deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ); and available to the Secretary, without further appropriation and until expended, for the acquisition of land or interests in land in Region 3 of the Forest Service. The conveyance under subparagraph
(A)shall be subject to— valid existing rights; and such additional terms and conditions as the Secretary may require. The exact acreage and legal description of the National Forest System land conveyed under subparagraph
(A)shall be determined by a survey approved by the Secretary. The reasonable survey and other administrative costs associated with the conveyance shall be paid by the holder of the permit or the owner of the private property, as applicable.
Connectionstraces to 4
3 references not yet in our index
  • Pub. L. 96-550
  • 94 Stat. 3223
  • Pub. L. 90-171
Citation graph
cites case law
Sec. 3061
Columbine-Hondo Wilderness
Pub. L.Pub. L. 96-550
Stat.94 Stat. 3223
Pub. L.Pub. L. 90-171
Cites 7Cited by 0 across 0 sources
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