Sec. 3. Designation of wilderness areas
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In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness and as components of the National Wilderness Preservation System: Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 27,673 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated April 18, 2016, which shall be known as the Aden Lava Flow Wilderness . Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 13,902 acres, as generally depicted on the map entitled Desert Peaks Complex and dated April 13, 2016, which shall be known as the Broad Canyon Wilderness .
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,935 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated April 18, 2016, which shall be known as the Cinder Cone Wilderness . Certain land administered by the Bureau of Land Management in Doña 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. 23 S., R. 04 E., sec. 7, New Mexico Principal Meridian.
Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 125,854 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated April 18, 2016, which shall be known as the Potrillo Mountains Wilderness . Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,776 acres, as generally depicted on the map entitled Desert Peaks Complex and dated April 13, 2016, which shall be known as the Robledo Mountains Wilderness .
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 11,114 acres, as generally depicted on the map entitled Desert Peaks Complex and dated April 13, 2016, which shall be known as the Sierra de las Uvas Wilderness . Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 9,616 acres, as generally depicted on the map entitled Potrillo Mountains Complex and dated April 18, 2016, which shall be known as the Whitethorn Wilderness .
As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with— the Committee on Energy and Natural Resources of the Senate; and the Committee on Natural Resources of the House of Representatives. 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. 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. Subject to valid existing rights, the wilderness areas shall be administered by the Secretary— as components of the National Landscape Conservation System; and in accordance with— this Act; and the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that— any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. Any land or interest in land that is within the boundary of a wilderness area that is acquired by the United States shall— become part of the wilderness area within the boundaries of which the land is located; and be managed in accordance with— the Wilderness Act ( 16 U.S.C. 1131 et seq.); this Act; and any other applicable laws. Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with— section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405). Nothing in this section restricts or precludes— low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas; the designation of new units of special airspace over the wilderness areas; or the use or establishment of military flight training routes over the wilderness areas. Nothing in this section creates a protective perimeter or buffer zone around any wilderness area. The fact that an activity or use on land outside any wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. The use of paragliding within areas of the Potrillo Mountains Wilderness designated by subsection (a)(5) 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. 1133(d)(1) ), subject to any terms and conditions that the Secretary determines to be necessary. Subject to such terms and conditions as the Secretary may prescribe, nothing in this Act precludes the installation and maintenance of hydrologic, meteorologic, or climatologic collection devices in wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. 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, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance with applicable law. Subject to valid existing rights, the Federal land within the wilderness areas and any land or interest in land that is acquired by the United States in the wilderness areas after the date of enactment of this Act is withdrawn from— 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 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 rights-of-way. The approximately 1,297 acres of land generally depicted as Parcel C 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 from disposal under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ) ( 43 U.S.C. 869 et seq.). The Secretary of the Army shall allow for the conduct of certain recreational activities on the approximately 2,035 acres of land generally depicted as Parcel D on the map entitled Organ Mountains Area and dated September 21, 2016 (referred to in this paragraph as the parcel ), which is a portion of the public land withdrawn and reserved for military purposes by Public Land Order 833 dated May 21, 1952 (17 Fed. Reg. 4822). The Secretary of the Army shall develop a plan for public outdoor recreation on the parcel that is consistent with the primary military mission of the parcel. 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: hunting, hiking, wildlife viewing, and camping. The Secretary of the Army may close the parcel or any portion of the parcel to the public as the Secretary of the Army determines to be necessary to protect— public safety; or the safety of the military members training on the parcel. On a determination by the Secretary of the Army that military training capabilities, personnel safety, and installation security would not be hindered as a result of the transfer to the Secretary of administrative jurisdiction over the parcel, the Secretary of the Army shall transfer to the Secretary administrative jurisdiction over the parcel. On transfer of the parcel under clause (i), the parcel shall be— under the jurisdiction of the Director of the Bureau of Land Management; and 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. On transfer under clause (i), the parcel shall be reserved for management of the resources of, and military training conducted on, the parcel in accordance with a memorandum of understanding entered into under subparagraph (E). If, after the transfer of the parcel under subparagraph (D)(i), the Secretary of the Army requests that the Secretary enter into a memorandum of understanding, the Secretary shall enter into a memorandum of understanding with the Secretary of the Army providing for the conduct of military training on the parcel. The memorandum of understanding entered into under clause
(i)shall— address the location, frequency, and type of training activities to be conducted on the parcel; provide to the Secretary of the Army access to the parcel for the conduct of military training; authorize the Secretary or the Secretary of the Army to close the parcel or a portion of the parcel to the public as the Secretary or the Secretary of the Army determines to be necessary to protect— public safety; or the safety of the military members training; and to the maximum extent practicable, provide for the protection of natural, historic, and cultural resources in the area of the parcel. Nothing in this paragraph restricts or precludes— low-level overflights of military aircraft over the parcel, including military overflights that can be seen or heard within the parcel; the designation of new units of special airspace over the parcel; or the use or establishment of military flight training routes over the parcel. 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. 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. 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— designated as wilderness and as a component of the National Wilderness Preservation System; and incorporated into the Robledo Mountains Wilderness designated by subsection (a)(6). The notice referred to in clause
(i)is notice that— the communications site within the potential wilderness area designated under subparagraph
(A)is no longer used; the associated right-of-way is relinquished or not renewed; and the conditions in the potential wilderness area designated by subparagraph
(A)are compatible with the Wilderness Act ( 16 U.S.C. 1131 et seq.). 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 Doña Ana County administered by the Bureau of Land Management not designated as wilderness by subsection (a)— has been adequately studied for wilderness designation; 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 shall be managed in accordance with— the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.); this Act; and any other applicable laws.
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- 17 FR 4822
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Sec. 3
Designation of wilderness areas
Fed. Reg.17 FR 4822
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