Sec. 3061. COLUMBINE-HONDO WILDERNESS
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## SEC. 3061 COLUMBINE-HONDO WILDERNESS ###
(a)Definitions In this section: ####
(1)Red river conveyance map The term “Red River Conveyance Map” means the map entitled “Town of Red River Town Site Act Proposal” and dated April 19, 2012. ####
(2)Secretary The term “Secretary” means the Secretary of Agriculture. ####
(3)State The term “State” means the State of New Mexico. ####
(4)Town The term “Town” means the town of Red River, New Mexico. ####
(5)Village The term “Village” means the village of Taos Ski Valley, New Mexico. ####
(6)Wilderness The term “Wilderness” means the Columbine-Hondo Wilderness designated by subsection (b)(1)(A). ####
(7)Wilderness map The term “Wilderness Map” means the map entitled “Columbine-Hondo, Wheeler Peak Wilderness” and dated April 25, 2012. ###
(b)Addition to the National Wilderness Preservation System ####
(1)Designation of the columbine-hondo wilderness #####
(A)In general **[**[16 U.S.C. 1132 note](/us/usc/t16/s1132)**]** 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”. #####
(B)Management ######
(i)In general 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. ######
(ii)Adjacent management ######
(I)In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. ######
(II)Nonwilderness activities 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. #####
(C)Incorporation of acquired land and interests in land Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall— ######
(i)become part of the Wilderness; and ######
(ii)be managed in accordance with— ######
(I)the Wilderness Act (16 U.S.C. 1131 et seq.); ######
(II)this subsection; and ######
(III)any other applicable laws. #####
(D)Grazing Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with— ######
(i)section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and ######
(ii)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). #####
(E)Columbine-hondo wilderness study area ######
(i)Finding 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. ######
(ii)Applicability 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). #####
(F)Maps and legal descriptions ######
(i)In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of the Wilderness. ######
(ii)Force of law 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. ######
(iii)Public availability 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. #####
(G)Fish and wildlife ######
(i)In general 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. ######
(ii)Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under clause (i). #####
(H)Withdrawals 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— ######
(i)entry, appropriation, or disposal under the public land laws; ######
(ii)location, entry, and patent under the mining laws; and ######
(iii)operation of the mineral leasing, mineral materials, and geothermal leasing laws. ####
(2)Wheeler peak wilderness boundary modification **[**[16 U.S.C. 1132 note](/us/usc/t16/s1132)**]** #####
(A)In general The boundary of the Wheeler Peak Wilderness in the State is modified as generally depicted in the Wilderness Map. #####
(B)Withdrawal 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— ######
(i)entry, appropriation, or disposal under the public land laws; ######
(ii)location, entry, and patent under the mining laws; and ######
(iii)operation of the mineral leasing, mineral materials, and geothermal leasing laws. ###
(c)Land Conveyances and Sales ####
(1)Town of red river land conveyance #####
(A)In general 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. #####
(B)Description of land 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. #####
(C)Conditions The conveyance under subparagraph
(A)shall be subject to— ######
(i)valid existing rights; ######
(ii)public rights-of-way through “Parcel 1”, “Parcel 3”, and “Parcel 4”; ######
(iii)an administrative right-of-way through “Parcel 2” reserved to the United States; and ######
(iv)such additional terms and conditions as the Secretary may require. #####
(D)Use of land As a condition of the conveyance under subparagraph (A), the Town shall use— ######
(i)“Parcel 1” for a wastewater treatment plant; ######
(ii)“Parcel 2” for a cemetery; ######
(iii)“Parcel 3” for a public park; and ######
(iv)“Parcel 4” for a public road. #####
(E)Reversion 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). #####
(F)Survey; administrative costs ######
(i)Survey 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. ######
(ii)Costs The Town shall pay the reasonable survey and other administrative costs associated with the conveyance. ####
(2)Village of taos ski valley land conveyance #####
(A)In general 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. #####
(B)Description of land 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. #####
(C)Conditions The conveyance under subparagraph
(A)shall be subject to— ######
(i)valid existing rights; ######
(ii)an administrative right-of-way through the parcel of Federal land described in subparagraph
(B)reserved to the United States; and ######
(iii)such additional terms and conditions as the Secretary may require. #####
(D)Use of land 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. #####
(E)Reversion 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). #####
(F)Survey; administrative costs ######
(i)Survey 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. ######
(ii)Costs The Village shall pay the reasonable survey and other administrative costs associated with the conveyance. ####
(3)Authorization of sale of certain national forest system land #####
(A)In general 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— ######
(i)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 ######
(ii)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. #####
(B)Disposition of proceeds Any amounts received by the Secretary as consideration for a conveyance under subparagraph
(A)shall be— ######
(i)deposited in the fund established under Public Law 90-171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a); and ######
(ii)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. #####
(C)Conditions The conveyance under subparagraph
(A)shall be subject to— ######
(i)valid existing rights; and ######
(ii)such additional terms and conditions as the Secretary may require. #####
(D)Survey; administrative costs ######
(i)Survey 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. ######
(ii)Costs 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
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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