April 8, 2025
Mr. Heinrich (for himself and Mr. Luján) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
To withdraw certain Federal land in the Pecos Watershed area of the State of New Mexico from mineral entry, 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 Pecos Watershed Protection Act
.
Sec. 2. Withdrawal of Federal land in Pecos Watershed area, New Mexico
(a) Definition of Federal land
In this section, the term Federal land means the Federal land depicted as Pecos Withdrawal
on the map entitled Proposed Mineral Withdrawal Legislative Map
and dated September 11, 2023.
(b) Withdrawal
Subject to valid rights in existence on the date of enactment of this Act, the Federal land is withdrawn from all forms of—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.
Sec. 3. Designation of Thompson Peak Wilderness Area, New Mexico
(a) Definitions
In this section:
(1) Secretary
The term Secretary means the Secretary of Agriculture.
(2) State
The term State means the State of New Mexico.
(3) Wilderness area
The term wilderness area means the Thompson Peak Wilderness Area designated by subsection (b).
(b) Designation
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 11,599 acres of land managed by the Forest Service in the State, as generally depicted on the map entitled Proposed Mineral Withdrawal Legislative Map
and dated September 11, 2023, is designated as a wilderness area and as a component of the National Wilderness Preservation System, to be known as the Thompson Peak Wilderness Area
.
(c) Map and legal description
(1) In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area with—
(A)
the Committee on Energy and Natural Resources of the Senate; and
(B)
the Committee on Natural Resources of the House of Representatives.
(2) Effect
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.
(3) Availability
The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.
(d) Administration
(1) In general
Subject to valid existing rights, the wilderness area shall be administered by the Secretary in accordance with 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.
(2) Adjacent management
(A) No protective perimeters or buffer zones
Congress does not intend for the designation of the wilderness area to create a protective perimeter or buffer zone around the wilderness area.
(B) Nonwilderness activities
The fact that nonwilderness activities or uses outside of the wilderness area can be seen or heard from an area within the wilderness area shall not preclude the conduct of the nonwilderness activities or uses outside the boundaries of the wilderness area.
(3) Fish and wildlife management
In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife management in the wilderness area (including the regulation of hunting, fishing, and trapping).
(4) Grazing
The Secretary shall allow the continuation of the grazing of livestock in the wilderness area, if established before the date of enactment of this Act, in accordance with—
(A)
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B)
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).
(5) Wildfire, insect, and disease control
The Secretary may carry out measures in the wilderness area that the Secretary determines to be necessary to control fire, insects, or diseases, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(e) Incorporation of acquired land and interests in land
Any land or interest in land within the boundaries of the wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area.
(f) Withdrawal
Subject to valid existing rights, the wilderness area is withdrawn from—
(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 relating to mineral and geothermal leasing or mineral materials.