Collapse to view only § 460jjj-4. Acquisition of land
- § 460jjj. Establishment
- § 460jjj-1. Administration
- § 460jjj-2. Minerals and mining
- § 460jjj-3. Adjoining lands
- § 460jjj-4. Acquisition of land
- § 460jjj-5. Authorization of appropriations
§ 460jjj. Establishment
(a) In general
(b) Area included
(c) Map and description
(d) No additional lands
(Pub. L. 103–104, § 1, Oct. 12, 1993, 107 Stat. 1025; Pub. L. 103–437, § 6(q), Nov. 2, 1994, 108 Stat. 4587.)
§ 460jjj–1. Administration
(a) In general
(b) Management plan
(c) Cultural resources
(d) Native Americans
(1) In recognition of the historic use of portions of the recreation area by Indian peoples for traditional cultural and customary uses, the Secretary shall, subject to the provisions of subsection (n) in consultation with local tribal leaders, ensure the protection of religious and cultural sites and provide access from time to time to those sites by Indian peoples for traditional cultural and customary uses. Such access shall be consistent with the purpose and intent of the Act of August 11, 1978 [42 U.S.C. 1996, 1996a] (commonly referred to as the “American Indian Religious Freedom Act”). The Secretary, in accordance with such Act, upon request of an Indian tribe or pueblo, may from time to time temporarily close to general public use one or more specific portions of the recreational area in order to protect traditional and customary uses in such portions by Indian peoples.
(2) In preparing and implementing management plans for the recreation area, the Secretary shall request that the Governor of the Pueblo of Jemez and the chief executive officers of other appropriate Indian tribes and pueblos make recommendations on methods of—
(A) assuring access to religious and cultural sites;
(B) enhancing the privacy and continuity of traditional cultural and religious activities in the recreation area; and
(C) protecting traditional cultural and religious sites in the recreation area.
(e) Wildlife resources
(f) Hunting
(g) Timber harvesting
(h) Grazing
(i) Transportation plan
(1) Within 1 year after October 12, 1993, the Secretary shall prepare a transportation plan that provides for the most efficient use of roads and trails to accomplish the purposes of this subchapter. The plan shall provide for a comprehensive trails system that provides for dispersed recreation while minimizing impact on significant archaeological and religious sites.
(2) The Secretary shall construct, maintain, and close roads within the recreation area after consultation with local tribal leaders and only in accordance with such plan.
(j) Recreational facilities
(k) Visitor facilities
(l) Power transmission linesIn accordance with Federal and State laws and regulations, the Secretary may permit a utility corridor for high power electric transmission lines within the recreation area only when the Secretary determines that—
(1) there is not a feasible alternative for the location of such corridor;
(2) damage to the recreational and scenic quality and to the archaeological and religious sites of the recreation area will not be significant;
(3) it is in the public interest that such corridor be located in the recreation area; and
(4) a plan to minimize harm to the resources of the recreation area has been developed.
(m) Scientific investigations
(n) Resource protection
(Pub. L. 103–104, § 2, Oct. 12, 1993, 107 Stat. 1025.)
§ 460jjj–2. Minerals and mining
(a) Limitation on patent issuance
(1) Notwithstanding any other provision of law, no patents shall be issued after May 30, 1991, for any location or claim made in the recreation area under the mining laws of the United States.
(2) Notwithstanding any statute of limitations or similar restriction otherwise applicable, any party claiming to have been deprived of any property right by enactment of paragraph (1) may file in the United States Claims Court 1
1 See Change of Name note below.
a claim against the United States within 1 year after October 12, 1993, seeking compensation for such property right. The United States Claims Court 1 shall have jurisdiction to render judgment upon any such claim in accordance with section 1491 of title 28.(b) Withdrawal
(c) Reclamation
(d) Mining claim validity review
(e) Public purposes
(Pub. L. 103–104, § 3, Oct. 12, 1993, 107 Stat. 1028.)
§ 460jjj–3. Adjoining lands
The Secretary may evaluate lands adjoining the recreation area for possible inclusion in the recreation area and make recommendations to Congress, including (but not limited to) that area authorized for study by section 5 of Public Law 101–556 (104 Stat. 2764), known as the Baca Location Number 1. The Secretary, in consultation with local tribal leaders and the National Park Service, shall, no later than 2 years after October 12, 1993, submit recommendations with respect to future boundaries for the recreation area.
(Pub. L. 103–104, § 4, Oct. 12, 1993, 107 Stat. 1028.)
§ 460jjj–4. Acquisition of land
(a) State land
(b) Offers to sell
(1) In general
(2) Limitation
(Pub. L. 103–104, § 5, Oct. 12, 1993, 107 Stat. 1029.)
§ 460jjj–5. Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
(Pub. L. 103–104, § 6, Oct. 12, 1993, 107 Stat. 1029.)