M.H. Dutch Salmon Greater Gila Wild and Scenic River Act
This bill designates specified segments of rivers and creeks of the Gila River system in New Mexico as components of the National Wild and Scenic Rivers System and transfers 440 acres of land from the Gila National Forest to the Gila Cliff Dwellings Monument.
The comprehensive management plan that is to be prepared for such segments pursuant to the Wild and Scenic Rivers Act must provide for public involvement, including consultation with tribal governments.
Any nonfederal land within or adjacent to such a segment that is acquired by the United States shall be incorporated in, and be administered as part of, the applicable segment.
No land or interest in land shall be acquired without the owner's consent.
If the Department of the Interior or the Department of Agriculture determines that no other feasible alternative exists, then it may authorize a project or activity that affects the free-flowing characteristics or other values of a segment under its jurisdiction, including (1) the construction, maintenance, and replacement of fish barriers; or (2) the use of chemicals to manage nonnative fish species.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3670 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3670
To amend the Wild and Scenic Rivers Act to designate certain segments
of the Gila River system in the State of New Mexico as components of
the National Wild and Scenic Rivers System, to provide for the transfer
of administrative jurisdiction over certain Federal land in the State
of New Mexico, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 7, 2020
Mr. Udall (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To amend the Wild and Scenic Rivers Act to designate certain segments
of the Gila River system in the State of New Mexico as components of
the National Wild and Scenic Rivers System, to provide for the transfer
of administrative jurisdiction over certain Federal land in the State
of New Mexico, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``M.H. Dutch Salmon Greater Gila Wild
and Scenic River Act''.
SEC. 2. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Findings; Purpose.--
(1) Findings.--Congress finds that--
(A) the Greater Gila River watershed and other
rivers in the Gila National Forest are cherished by the
people of the State of New Mexico and visitors from
across the United States for their clean water,
outstanding fish and wildlife habitat, low-cost
recreational opportunities for local communities, and
cultural sites;
(B) recreation, including hunting, fishing,
camping, backpacking, hiking, wildlife viewing,
horseback riding, and floating, increasingly supports
important economic activity for local communities;
(C) the Greater Gila River watershed and other
rivers in the Gila National Forest--
(i) are a national treasure deserving of
inclusion in the National Wild and Scenic
Rivers System;
(ii) possess numerous outstandingly
remarkable values; and
(iii) contain segments that merit the high
level of protection provided by the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) to
maintain the benefits provided by the Greater
Gila River watershed and other rivers in the
Gila National Forest for future generations of
people in the State of New Mexico to enjoy; and
(D) wild and scenic river designations--
(i) recognize the importance of maintaining
the values of the segments, while having no
effect on activities or rights described in
subsection (h);
(ii) are compatible with traditional values
and cultural uses important to rural
communities;
(iii) provide multiple benefits to the
local community and beyond, including by--
(I) focusing management on river
and river-related resources and values,
including supporting voluntary
management on adjacent non-Federal
land;
(II) protecting rivers in a manner
complementary to the Wilderness Act (16
U.S.C. 1131 et seq.), as contemplated
under section 10(b) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(b));
(III) preserving and enhancing
public access, including for the legal
use of off-highway vehicles, while not
opening private land to public access;
(IV) preserving and enhancing the
protection of cultural artifacts and
Tribal sacred and ceremonial sites;
(V) preserving and enhancing
recreational opportunities;
(VI) encouraging and enhancing
traditional uses, such as hunting and
fishing;
(VII) better informing the public
about areas in the region with
exceptional characteristics and
opportunities for unique experiences;
and
(VIII) promoting the outdoor
recreation economy; and
(iv) do not--
(I) affect private property rights
or restrict development or use on
private land within or adjacent to a
designated river corridor;
(II) affect existing water rights,
interstate water compacts, or existing
irrigation systems and other water
development or distribution facilities;
(III) affect grazing operations;
(IV) limit access for the public to
public land within a designated river
corridor; or
(V) open private land to public
access.
(2) Purpose.--The purpose of this section is to protect for
current and future generations of people in the United States
the outstandingly remarkable scenic, natural, cultural,
wildlife, fish, recreational, scientific, historic, cultural,
ecological, and other values of certain segments of the Greater
Gila River watershed and other rivers in the Gila National
Forest.
(b) Definitions.--In this section:
(1) Covered segment.--The term ``covered segment'' means a
river segment designated by paragraph (231) of section 3(a) of
the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by
subsection (c)).
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
a covered segment under the jurisdiction of the
Secretary of the Interior; and
(B) the Secretary of Agriculture, with respect to a
covered segment under the jurisdiction of the Secretary
of Agriculture.
(3) Sensitive species.--The term ``sensitive species''
means a species--
(A) that is listed or proposed for listing as
endangered or threatened under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.);
(B) that is identified by the State as a species of
greatest conservation need; or
(C) that, as determined by the Secretary concerned,
requires special management consideration--
(i) to promote the conservation of the
species; or
(ii) to reduce the need for future listing
of the species as endangered or threatened
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(4) State.--The term ``State'' means the State of New
Mexico.
(c) Designation of Segments.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) Gila river system, new mexico.--The following
segments of the Gila River system in Las Animas Creek, Holden
Prong, and McKnight Canyon in the State of New Mexico, to be
administered by the Secretary concerned (as defined in section
2(b) of the M.H. Dutch Salmon Greater Gila Wild and Scenic
River Act) in the following classifications:
``(A) Apache creek.--The approximately 10.5-mile
segment, as generally depicted on the map entitled
`Apache Creek' and dated April 30, 2020, as a wild
river.
``(B) Black canyon creek.--
``(i) The 11.8-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a wild
river.
``(ii) The 0.6-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a
recreational river.
``(iii) The 1.9-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a
recreational river.
``(iv) The 11-mile segment, as generally
depicted on the map entitled `Black Canyon
Creek' and dated April 30, 2020, as a wild
river.
``(C) Diamond creek.--
``(i) The approximately 13.3-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
wild river.
``(ii) The approximately 4.7-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
wild river.
``(iii) The approximately 3.1-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
recreational river.
``(iv) The approximately 1.6-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
recreational river.
``(v) The approximately 4.1-mile segment,
as generally depicted on the map entitled
`Diamond Creek' and dated March 27, 2020, as a
wild river.
``(D) South diamond creek.--The approximately 16.1-
mile segment, as generally depicted on the map entitled
`South Diamond Creek' and dated March 27, 2020, as a
wild river.
``(E) Gila river.--
``(i) The approximately 34.9-mile segment,
as generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a wild
river.
``(ii) The approximately 2.5-mile segment,
as generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a
recreational river.
``(iii) The approximately 3-mile segment,
as generally depicted on the map entitled `Gila
River' and dated April 30, 2020, as a wild
river.
``(F) Gila river, east fork.--The approximately
10.3-mile segment, as generally depicted on the map
entitled `East Fork Gila River' and dated April 30,
2020, as a wild river.
``(G) Gila river, gila lower box.--
``(i) The approximately 3.1-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Lower Box' and dated April 21,
2020, as a recreational river.
``(ii) The approximately 6.1-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Lower Box' and dated April 21,
2020, as a wild river.
``(H) Gila river, gila middle box.--
``(i) The approximately 0.6-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box' and dated April 30,
2020, as a recreational river.
``(ii) The approximately 0.4-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box'' and dated April 30,
2020, as a recreational river.
``(iii) The approximately 0.3-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box' and dated April 30,
2020, as a recreational river.
``(iv) The approximately 0.3-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box' and dated April 30,
2020, as a recreational river.
``(v) The approximately 1.6-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box' and dated April 30,
2020, as a recreational river.
``(vi) The approximately 9.8-mile segment,
as generally depicted on the map entitled `Gila
River, Gila Middle Box' and dated April 30,
2020, as a wild river.
``(I) Gila river, middle fork.--
``(i) The approximately 1.2-mile segment,
as generally depicted on the map entitled
`Middle Fork Gila River' and dated May 1, 2020,
as a recreational river.
``(ii) The approximately 35.5-mile segment,
as generally depicted on the map entitled
`Middle Fork Gila River' and dated May 1, 2020,
as a wild river.
``(J) Gila river, west fork.--
``(i) The approximately 30.6-mile segment,
as generally depicted on the map entitled `West
Fork Gila River' and dated May 1, 2020, as a
wild river.
``(ii) The approximately 4-mile segment, as
generally depicted on the map entitled `West
Fork Gila River' and dated May 1, 2020, as a
recreational river.
``(K) Gilita creek.--The approximately 6.4-mile
segment, as generally depicted on the map entitled
`Gilita Creek' and dated March 4, 2020, as a wild
river.
``(L) Holden prong.--The approximately 7.3-mile
segment, as generally depicted on the map entitled
`Holden Prong' and dated March 27, 2020, as a wild
river.
``(M) Indian creek.--
``(i) The approximately 5-mile segment, as
generally depicted on the map entitled `Indian
Creek' and dated March 27, 2020, as a
recreational river.
``(ii) The approximately 9.5-mile segment,
as generally depicted on the map entitled
`Indian Creek' and dated March 27, 2020, as a
wild river.
``(N) Iron creek.--The approximately 13.2-mile
segment, as generally depicted on the map entitled
`Iron Creek' and dated March 4, 2020, as a wild river.
``(O) Las animas creek.--
``(i) The approximately 5.3-mile segment,
as generally depicted on the map entitled `Las
Animas Creek' and dated March 27, 2020, as a
wild river.
``(ii) The approximately 2.3-mile segment,
as generally depicted on the map entitled `Las
Animas Creek' and dated March 27, 2020, as a
scenic river.
``(P) Little creek.--
``(i) The approximately 0.3-mile segment,
as generally depicted on the map entitled
`Little Creek' and dated May 1, 2020, as a
recreational river.
``(ii) The approximately 18.3-mile segment,
as generally depicted on the map entitled
`Little Creek' and dated May 1, 2020, as a wild
river.
``(Q) McKnight canyon.--The approximately 10.3-mile
segment, as generally depicted on the map entitled
`McKnight Canyon' and dated March 4, 2020, as a wild
river.
``(R) Mineral creek.--
``(i) The approximately 8.3-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
wild river.
``(ii) The approximately 0.5-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(iii) The approximately 0.5-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(iv) The approximately 0.1-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(v) The approximately 0.03-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(vi) The approximately 0.02-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(vii) The approximately 0.6-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(viii) The approximately 0.1-mile
segment, as generally depicted on the map
entitled `Mineral Creek' and dated March 27,
2020, as a recreational river.
``(ix) The approximately 0.03-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(x) The approximately 0.7-mile segment,
as generally depicted on the map entitled
`Mineral Creek' and dated March 27, 2020, as a
recreational river.
``(S) Mogollon creek.--The approximately 15.8-mile
segment, as generally depicted on the map entitled
`Mogollon Creek' and dated April 2, 2020, as a wild
river.
``(T) West fork mogollon creek.--The approximately
8.5-mile segment, as generally depicted on the map
entitled `West Fork Mogollon Creek' and dated March 4,
2020, as a wild river.
``(U) Mule creek.--The approximately 4.3-mile
segment, as generally depicted on the map entitled
`Mule Creek' and dated March 4, 2020, as a wild river.
``(V) San francisco river, devil's creek.--
``(i) The approximately 1.8-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated March
27, 2020, as a recreational river.
``(ii) The approximately 6.4-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated March
27, 2020, as a recreational river.
``(iii) The approximately 6.1-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated March
27, 2020, as a recreational river.
``(iv) The approximately 1.2-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated March
27, 2020, as a recreational river.
``(v) The approximately 5.9-mile segment,
as generally depicted on the map entitled `San
Francisco River, Devil's Creek' and dated March
27, 2020, as a recreational river.
``(W) San francisco river, lower san francisco
river canyon.--
``(i) The approximately 1.8-mile segment,
as generally depicted on the map entitled `San
Francisco River, Lower San Francisco River
Canyon' and dated March 27, 2020, as a wild
river.
``(ii) The approximately 0.6-mile segment,
as generally depicted on the map entitled `San
Francisco River, Lower San Francisco River
Canyon' and dated March 27, 2020, as a
recreational river.
``(iii) The approximately 14.6-mile
segment, as generally depicted on the map
entitled `San Francisco River, Lower San
Francisco River Canyon' and dated March 27,
2020, as a wild river.
``(X) San francisco river, upper frisco box.--The
approximately 6-mile segment, as generally depicted on
the map entitled `San Francisco River, Upper Frisco
Box' and dated March 4, 2020, as a wild river.
``(Y) Sapillo creek.--The approximately 7.2-mile
segment, as generally depicted on the map entitled
`Sapillo Creek' and dated March 27, 2020, as a wild
river.
``(Z) Spruce creek.--The approximately 3.7-mile
segment, as generally depicted on the map entitled
`Spruce Creek' and dated March 4, 2020, as a wild
river.
``(AA) Taylor creek.--
``(i) The approximately 0.4-mile segment,
as generally depicted on the map entitled
`Taylor Creek' and dated April 30, 2020, as a
scenic river.
``(ii) The approximately 6.1-mile segment,
as generally depicted on the map entitled
`Taylor Creek' and dated April 30, 2020, as a
wild river.
``(iii) The approximately 6.7-mile segment,
as generally depicted on the map entitled
`Taylor Creek' and dated April 30, 2020, as a
wild river.
``(BB) Turkey creek.--The approximately 17.1-mile
segment, as generally depicted on the map entitled
`Turkey Creek' and dated April 30, 2020, as a wild
river.
``(CC) Whitewater creek.--
``(i) The approximately 13.5-mile segment,
as generally depicted on the map entitled
`Whitewater Creek' and dated March 27, 2020, as
a wild river.
``(ii) The approximately 1.1-mile segment,
as generally depicted on the map entitled
`Whitewater Creek' and dated March 27, 2020, as
a recreational river.
``(DD) Willow creek.--
``(i) The approximately 3-mile segment, as
generally depicted on the map entitled `Willow
Creek' and dated April 30, 2020, as a
recreational river.
``(ii) The approximately 2.9-mile segment,
as generally depicted on the map entitled
`Willow Creek' and dated April 30, 2020, as a
recreational river.''.
(d) Withdrawal.--Subject to valid existing rights, all Federal land
within the boundary of a covered segment is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(e) Maps; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary concerned shall prepare
maps and legal descriptions of the covered segments.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as if
included in this section, except that the Secretary concerned
may correct minor errors in the maps and legal descriptions.
(3) Availability.--The map and legal description prepared
under paragraph (1) shall be on file and available for public
inspection in the appropriate offices of the Forest Service,
the Bureau of Land Management, and the National Park Service.
(f) Comprehensive River Management Plan Consultation.--The
comprehensive management plan for the covered segments prepared
pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(d)) shall provide for public involvement, including consultation
with units of local and Tribal government and applicable political
subdivisions of the State.
(g) Incorporation of Acquired Land and Interests in Land.--If the
United States acquires any non-Federal land within or adjacent to a
covered segment, the acquired land shall be incorporated in, and be
administered as part of, the applicable covered segment.
(h) Effect of Section.--
(1) Effect on rights.--Nothing in this section or an
amendment made by this section affects any existing rights of,
privilege of, or contract held by any person that affects
Federal land or any private land within the same watershed as a
covered segment without the consent of the person, including--
(A) grazing permits or leases;
(B) water rights, including the jurisdiction of the
State in administering water rights;
(C) existing points of diversion;
(D) existing water distribution infrastructure;
(E) cattle management infrastructure; and
(F) valid existing rights for mining and mineral
leases.
(2) Condemnation.--No land or interest in land shall be
acquired under this section or an amendment made by this
section without the consent of the owner.
(3) Relationship to other law.--Nothing in this section
amends or otherwise affects the Arizona Water Settlements Act
(Public Law 108-451; 118 Stat. 3478).
(4) Restoration.--
(A) In general.--Subject to subparagraphs (B)
through (D), if the Secretary concerned determines that
no other feasible alternative exists, the Secretary
concerned may authorize a project or activity that
affects the free-flowing characteristics or other
values of a covered segment, including--
(i) the construction, maintenance, and
replacement of fish barriers; or
(ii) the use of chemicals to manage
nonnative fish species.
(B) Purpose.--The primary purpose of a project or
activity authorized under subparagraph (A) shall be--
(i) to aid in the recovery of a sensitive
species;
(ii) to protect or enhance the values for
which the covered segment was designated;
(iii) to restore the ecological function,
connectivity, or natural characteristics of the
covered segment; or
(iv) to improve watershed health or water
quality of the covered segment.
(C) Review required.--A project or activity
authorized under subparagraph (A) shall be reviewed in
accordance with sections 7 and 10(a) of the Wild and
Scenic Rivers Act (16 U.S.C. 1278, 1281(a)).
(D) Impacts minimized.--For any project or activity
authorized under subparagraph (A), the Secretary
concerned shall ensure that any impacts to the free-
flowing characteristics of the river and other river
values are minimized to the maximum extent practicable.
(E) Assistance.--Nothing in this paragraph
prohibits a Federal agency from assisting with a loan,
grant, or permit, or providing any other form of
assistance, for an activity or project authorized under
subparagraph (A).
(5) State land jurisdiction.--Nothing in this section or an
amendment made by this section affects the jurisdiction of land
under the jurisdiction of the State, including land under the
jurisdiction of the New Mexico State Land Office and the New
Mexico Department of Game and Fish.
(6) Fish and wildlife.--Nothing in this section or an
amendment made by this section affects the jurisdiction of the
State with respect to fish and wildlife in the State.
(7) Treaty rights.--Nothing in this section or an amendment
made by this section alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian Tribe
with respect to hunting, fishing, gathering, and cultural or
religious rights in the vicinity of a covered segment as
protected by a treaty.
SEC. 3. MODIFICATION OF BOUNDARIES OF GILA CLIFF DWELLINGS NATIONAL
MONUMENT AND GILA NATIONAL FOREST.
(a) Transfer of Administrative Jurisdiction.--
(1) In general.--Administrative jurisdiction over the land
described in paragraph (2) is transferred from the Secretary of
Agriculture to the Secretary of the Interior.
(2) Description of land.--The land referred to in paragraph
(1) is the approximately 440 acres of land identified as
``Transfer from USDA Forest Service to National Park Service''
on the map entitled ``Gila Cliff Dwellings National Monument
Proposed Boundary Adjustment'' and dated March 2020.
(b) Boundary Modifications.--
(1) Gila cliff dwellings national monument.--
(A) In general.--The boundary of the Gila Cliff
Dwellings National Monument is revised to incorporate
the land transferred to the Secretary of the Interior
under subsection (a)(1).
(B) Map.--
(i) In general.--The Secretary of the
Interior shall prepare and keep on file for
public inspection in the appropriate office of
the National Park Service a map and a legal
description of the revised boundary of the Gila
Cliff Dwellings National Monument.
(ii) Effect.--The map and legal description
under clause (i) shall have the same force and
effect as if included in this section, except
that the Secretary of the Interior may correct
minor errors in the map and legal description.
(2) Gila national forest.--
(A) In general.--The boundary of the Gila National
Forest is modified to exclude the land transferred to
the Secretary of the Interior under subsection (a)(1).
(B) Map.--
(i) In general.--The Secretary of
Agriculture shall prepare and keep on file for
public inspection in the appropriate office of
the Forest Service a map and a legal
description of the revised boundary of the Gila
National Forest.
(ii) Effect.--The map and legal description
under clause (i) shall have the same force and
effect as if included in this section, except
that the Secretary of Agriculture may correct
minor errors in the map and legal description.
<all>
Introduced in Senate
Read twice and referred to the Committee on Energy and Natural Resources.
Committee on Energy and Natural Resources Subcommittee on Public Lands, Forests, and Mining. Hearings held. With printed Hearing: S.Hrg. 116-380.
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