Sec. 4. ESTABLISHMENT OF MANAGEMENT RESPONSIBILITIES

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## SEC. 4 ESTABLISHMENT OF MANAGEMENT RESPONSIBILITIES ###

(a)General Authority The Secretary shall be responsible for the management of the Withdrawal, consistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), this Act, and other applicable law, and shall consult with the Secretary of the Interior and the State in discharging such responsibility. ###

(b)Management Plan ####

(1)Development Within 1 year after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Interior and the State, shall develop a management plan for the use of the Withdrawal until the end of the decommissioning phase. ####

(2)Priority of wipp-related uses Any use of the Withdrawal for activities not associated with WIPP shall be subject to such conditions and restrictions as may be necessary to permit the conduct of WIPP-related activities. ####

(3)Non-wipp related uses The management plan developed under paragraph

(1)shall provide for the maintenance of wildlife habitat and shall provide that the Secretary may permit such non-WIPP related uses of the Withdrawal as the Secretary determines to be appropriate, including domestic livestock grazing and hunting and trapping in accordance with the following requirements: #####

(A)Grazing The Secretary may permit grazing to continue where established before the date of the enactment of this Act, subject to such regulations, policies, and practices as the Secretary, in consultation with the Secretary of the Interior, determines to be necessary or appropriate. The management of grazing shall be conducted in accord with applicable grazing laws and policies, including— ######

(i)the Act entitled “An Act to stop injury to public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly use, improvement, and development, to stabilize the livestock industry dependent upon the public range, and for other purposes,” approved June 28, 1934 (43 U.S.C. 315 et seq., commonly referred to as the “Taylor Grazing Act”); ######

(ii)title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.); and ######

(iii)the Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901 et seq.). #####

(B)Hunting and trapping The Secretary may permit hunting and trapping within the Withdrawal in accordance with applicable laws and regulations of the United States and the State, except that the Secretary, after consultation with the Secretary of the Interior and the State, may issue regulations designating zones where, and establishing periods when, no hunting or trapping is permitted for reasons of public safety, administration, or public use and enjoyment. ####

(4)Disposal of salt tailings The Secretary shall dispose of salt tailings extracted from the Withdrawal that the Secretary determines are not needed for backfill at WIPP. Disposition of such tailings shall be made under sections 2 and 3 of the Act of July 31, 1947, (30 U.S.C. 602, 603; commonly referred to as the “Materials Act of 1947”). ####

(5)Mining #####

(A)In general Except as provided in subparagraph (B), no surface or subsurface mining or oil or gas production, including slant drilling from outside the boundaries of the Withdrawal, shall be permitted at any time (including after decommissioning) on lands on or under the Withdrawal. #####

(B)Exception Existing rights under Federal Oil and Gas Leases No. NMNM 02953 and No. NMNM 02953C shall not be affected unless the Administrator determines, after consultation with the Secretary and the Secretary of the Interior, that the acquisition of such leases by the Secretary is required to comply with the final disposal regulations. ###

(c)Closure to Public If during the land withdrawal made by section 3(a) the Secretary determines, in consultation with the Secretary of the Interior, that the health and safety of the public or the common defense and security require the closure to the public use of any road, trail, or other portion of the Withdrawal, the Secretary may take whatever action the Secretary determines to be necessary to effect and maintain the closure and shall provide notice to the public of such closure. ###

(d)Memorandum of Understanding The Secretary and the Secretary of the Interior shall enter into a memorandum of understanding to implement the management plan developed under subsection (b). Such memorandum shall remain in effect until the end of the decommissioning phase. ###

(e)Submission of Plan Within 1 year after the date of the enactment of this Act, the Secretary shall submit the management plan developed under subsection

(b)to the Congress and the State. Any amendments to the plan shall be submitted promptly to the Congress and the State. **[**Sec. 5. Repealed by section 3184(a) of P.L. 104–201 (110 Stat. 2851)**]**

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110 Stat. 2851

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Sec. 4

ESTABLISHMENT OF MANAGEMENT RESPONSIBILITIES

Stat.110 Stat. 2851

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