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(continued)
(Sec. 1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 43 and Tables.

-End-


-CITE-
16 USC Part D - Wilderness 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part D - Wilderness

-HEAD-
PART D - WILDERNESS

-End-



-CITE-
16 USC Sec. 460uu-31 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part D - Wilderness

-HEAD-
Sec. 460uu-31. Designation; description of area

-STATUTE-
(a) In furtherance of the purposes of the Wilderness Act (78
Stat. 890) [16 U.S.C. 1131 et seq.], there are hereby designated as
wilderness, and, therefore, as components of the National
Wilderness Preservation System, the Cebolla Wilderness of
approximately 60,000 acres, and the West Malpais Wilderness of
approximately 38,210 acres, as each is generally depicted on the
map entitled "El Malpais National Monument and National
Conservation Area" numbered NM-ELMA-80,001-B and dated May 1987.
The map shall be on file and available for inspection in the
offices of the Director of the Bureau of Land Management,
Department of the Interior.
(b) As soon as practicable after December 31, 1987, the Secretary
shall file a legal description of each wilderness area designated
by this subchapter with the Committee on Interior and Insular
Affairs of the United States House of Representatives and with the
Committee on Energy and Natural Resources of the United States
Senate. Such legal description shall have the same force and effect
as if included in this subchapter, except that the Secretary may
correct clerical and typographical errors in such legal
description. The legal description shall be on file and available
for public inspection in the offices of the Director of the Bureau
of Land Management, Department of the Interior.

-SOURCE-
(Pub. L. 100-225, title IV, Sec. 401, Dec. 31, 1987, 101 Stat.
1542.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460uu-32 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part D - Wilderness

-HEAD-
Sec. 460uu-32. Management; provisions applicable

-STATUTE-
(a) Subject to valid existing rights, each wilderness area
designated under this subchapter shall be administered by the
Secretary, through the Director of the Bureau of Land Management,
in accordance with the provisions of the Wilderness Act [16 U.S.C.
1131 et seq.] governing areas designated by that Act as wilderness,
except that any reference in such provisions to the effective date
of the Wilderness Act shall be deemed to be a reference to December
31, 1987.
(b) Within the wilderness areas designated by this subchapter,
the grazing of livestock, where established prior to December 31,
1987, shall be permitted to continue subject to such reasonable
regulations, policies, and practices as the Secretary deems
necessary, as long as such regulations, policies, and practices
fully conform with and implement the intent of Congress regarding
grazing in such areas as such intent is expressed in the Wilderness
Act [16 U.S.C. 1131 et seq.] and section 108 of Public Law 96-560
(16 U.S.C. 1133 note).

-SOURCE-
(Pub. L. 100-225, title IV, Sec. 402, Dec. 31, 1987, 101 Stat.
1542.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L. 88-577, Sept.
3, 1964, 78 Stat. 890, as amended, which is classified generally to
chapter 23 (Sec. 1131 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 1131 of this title and Tables.
The effective date of the Wilderness Act, referred to in subsec.
(a), means Sept. 3, 1964, the date of enactment of Pub. L. 88-577,
which enacted chapter 23 of this title.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460uu-22 of this title.

-End-


-CITE-
16 USC Part E - General Provisions 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
PART E - GENERAL PROVISIONS

-End-



-CITE-
16 USC Sec. 460uu-41 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-41. Management plans

-STATUTE-
(a) Development and transmittal to Congress; contents
Within three full fiscal years following the fiscal year of
enactment of this subchapter, the Secretary shall develop and
transmit to the Committee on Interior and Insular Affairs of the
United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate, separate general
management plans for the monument and the conservation area which
shall describe the appropriate uses and development of the monument
and the conservation area consistent with the purposes of this
subchapter. The plans shall include but not be limited to each of
the following:
(1) implementation plans for a continuing program of
interpretation and public education about the resources and
values of the monument and the conservation area;
(2) proposals for public facilities to be developed for the
conservation area or the monument, including a visitors center in
the vicinity of Bandera Crater and a multiagency orientation
center, to be located in or near Grants, New Mexico, and adjacent
to Interstate 40, to accommodate visitors to western New Mexico;
(3) natural and cultural resources management plans for the
monument and the conservation area, with a particular emphasis on
the preservation and long-term scientific use of archeological
resources, giving high priority to the enforcement of the
provisions of the Archeological Resources Protection Act of 1979
[16 U.S.C. 470aa et seq.] and the National Historic Preservation
Act [16 U.S.C. 470 et seq.] within the monument and the
conservation area. The natural and cultural resources management
plans shall be prepared in close consultation with the Advisory
Council on Historic Preservation, the New Mexico State Historic
Preservation Office, and the local Indian people and their
traditional cultural and religious authorities; and such plans
shall provide for long-term scientific use of archaeological
resources in the monument and the conservation area, including
the wilderness areas designated by this subchapter; and
(4) wildlife resources management plans for the monument and
the conservation area prepared in close consultation with
appropriate departments of the State of New Mexico and using
previous studies of the area.
(b) Review and recommendation of suitability or nonsuitability of
specific lands
(1) The general management plan for the conservation area shall
review and recommend the suitability or nonsuitability for
preservation as wilderness of those lands comprising approximately
17,468 acres, identified as "Wilderness Study Area" (hereafter in
this part referred to as the "WSA") on the map referenced in
section 460uu of this title.
(2) Pending submission of a recommendation and until otherwise
directed by an Act of Congress, the Secretary, acting through the
Director of the Bureau of Land Management, shall manage the lands
within the WSA so as to maintain their potential for inclusion
within the National Wilderness Preservation System.
(c) Review and recommendation of suitability or nonsuitability of
roadless lands
(1) The general management plan for the monument shall review and
recommend the suitability or nonsuitability for preservation as
wilderness of all roadless lands within the boundaries of the
monument as established by this subchapter except those lands
within the areas identified as "potential development areas" on the
map referenced in section 460uu of this title.
(2) Pending the submission of a recommendation and until
otherwise directed by Act of Congress, the Secretary, through the
Director of the National Park Service, shall manage all roadless
lands within the boundaries of the monument so as to maintain their
potential for inclusion in the National Wilderness Preservation
System, except those lands within the areas identified as
"potential development areas" on the map referenced in section
460uu of this title.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 501, Dec. 31, 1987, 101 Stat.
1543.)

-REFTEXT-
REFERENCES IN TEXT
The fiscal year of enactment of this subchapter, referred to in
subsec. (a), is the fiscal year of the enactment of Pub. L.
100-225, which enacted this subchapter, and was approved Dec. 31,
1987.
The Archaeological Resources Protection Act of 1979, referred to
in subsec. (a)(3), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721,
which is classified generally to chapter 1B (Sec. 470aa et seq.) of
this title. For complete classification of this Act to the Code,
see Short Title note set out under section 470aa of this title and
Tables.
The National Historic Preservation Act, referred to in subsec.
(a)(3), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended,
which is classified generally to subchapter II (Sec. 470 et seq.)
of chapter 1A of this title. For complete classification of this
Act to the Code, see section 470 of this title and Tables.

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460uu-47, 460uu-48 of
this title.

-End-



-CITE-
16 USC Sec. 460uu-42 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-42. Acquisition of lands and interests

-STATUTE-
Within the monument and the conservation area, the Secretary is
authorized to acquire lands and interests in lands by donation,
purchase with donated or appropriated funds, exchange, or transfer
from any other Federal agency, except that such lands or interests
therein owned by the State of New Mexico or a political subdivision
thereof may be acquired only by exchange. It is the sense of
Congress that the Secretary is to complete the acquisition of
non-Federal subsurface interests underlying the monument and the
conservation area no later than three full fiscal years after the
fiscal year of enactment of this subchapter.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 502, Dec. 31, 1987, 101 Stat.
1544.)

-REFTEXT-
REFERENCES IN TEXT
The fiscal year of enactment of this subchapter, referred to in
text, is the fiscal year of the enactment of Pub. L. 100-225, which
enacted this subchapter, and was approved Dec. 31, 1987.

-End-



-CITE-
16 USC Sec. 460uu-43 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-43. State exchanges of lands and interests

-STATUTE-
(a) Upon the request of the State of New Mexico (hereinafter
referred to as the "State") and pursuant to the provisions of this
section, the Secretary shall exchange public lands or interests in
lands elsewhere in the State of New Mexico, of approximately equal
value and selected by the State, acting through its Commissioner of
Public Lands, for any lands or interests therein owned by the State
(hereinafter referred to as "State lands") located within the
boundaries of the monument or the conservation area which the State
wishes to exchange with the United States.
(b) Within six months after December 31, 1987, the Secretary
shall notify the New Mexico Commissioner of Public Lands what State
lands are within the monument or the conservation area. The notice
shall contain a listing of all public lands or interest therein
within the boundaries of the State of New Mexico which have not
been withdrawn from entry and which the Secretary, pursuant to the
provisions of sections 1712 and 1716 of title 43, has identified as
appropriate for transfer to the State in exchange for State lands.
Such listing shall be updated at least annually. If the New Mexico
Commissioner of Public Lands gives notice to the Secretary of the
State's desire to obtain public lands so listed, the Secretary
shall notify the Commissioner in writing as to whether the
Department of the Interior considers the State lands within the
monument or conservation area to be of approximately equal value to
the listed lands or interests in lands the Commissioner has
indicated the State desires to obtain. It is the sense of the
Congress that the exchange of lands and interests therein with the
State pursuant to this section should be completed within two years
after December 31, 1987.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 503, Dec. 31, 1987, 101 Stat.
1544.)

-End-



-CITE-
16 USC Sec. 460uu-44 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-44. Mineral exchanges

-STATUTE-
(a) Authorization; matters considered
The Secretary is authorized and directed to exchange the Federal
mineral interests in the lands described in subsection (b) of this
section for the private mineral interests in the lands described in
subsection (c) of this section, if -
(1) the owner of such private mineral interests has made
available to the Secretary all information requested by the
Secretary as to the respective values of the private and Federal
mineral interests to be exchanged; and
(2) on the basis of information obtained pursuant to paragraph
(1) and any other information available, the Secretary has
determined that the mineral interests to be exchanged are of
approximately equal value; and
(3) the Secretary has determined -
(A) that except insofar as otherwise provided in this
section, the exchange is not inconsistent with the Federal Land
Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.]; and
(B) that the exchange is in the public interest.
(b) Location of Federal mineral interests
The Federal mineral interests to be exchanged under this section
underlie the lands, comprising approximately 15,008 acres, depicted
as "Proposed for transfer to Santa Fe Pacific" on the map
referenced in subsection (d) of this section.
(c) Location of private mineral interests
The private mineral interests to be exchanged pursuant to this
section underlie the lands, comprising approximately 15,141 acres,
depicted as "Proposed for transfer to U.S." on the map referenced
in subsection (d) of this section.
(d) Identification of mineral interests; legal description
(1) The mineral interests identified in this section underlie
those lands depicted as "Proposed for transfer to Santa Fe Pacific"
and as "Proposed for transfer to U.S." on a map entitled "El
Malpais Leg. Boundary, HR3684/S56", revised 5-8-87.
(2) As soon as practicable after December 31, 1987, the Secretary
shall file a legal description of the mineral interest areas
designated under this section with the Committee on Interior and
Insular Affairs of the United States House of Representatives and
the Committee on Energy and Natural Resources of the United States
Senate. Such legal description shall have the same force and effect
as if included in this subchapter, except that the Secretary may
correct clerical and typographical errors in such legal
description. The legal description shall be on file and available
for public inspection in the offices of the Director of the Bureau
of Land Management, Department of the Interior.
(e) Time of completion of exchanges
It is the sense of the Congress that all exchanges pursuant to
this section shall be completed no later than three years after
December 31, 1987.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 504, Dec. 31, 1987, 101 Stat.
1545.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a)(3)(A), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to chapter 35
(Sec. 1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 43 and Tables.

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460uu-45 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-45. Acoma Pueblo exchanges

-STATUTE-
(a) Lands to be exchanged
(1) Upon the request of the Pueblo of Acoma, the Secretary shall
acquire by exchange any lands held in trust for the Pueblo of Acoma
(hereinafter referred to as "trust lands") located within the
boundary of the conservation area which the Pueblo wishes to
exchange pursuant to this section. Such trust lands shall be
exchanged either for -
(A) lands described in subsection (c) of this section (with
respect to trust lands west of New Mexico Highway 117); or
(B) public lands of approximately equal value located outside
the monument and outside the conservation area but within the
boundaries of the State of New Mexico which are selected by the
Pueblo of Acoma, so long as such exchange is consistent with
applicable law and Bureau of Land Management resource management
plans developed pursuant to the Federal Land Policy and
Management Act of 1976 [43 U.S.C. 1701 et seq.].

(2) All lands selected by and transferred to the Pueblo of Acoma
at its request pursuant to this section shall thereafter be held in
trust by the Secretary for the Pueblo of Acoma in the same manner
as the lands for which they were exchanged.
(3) Any lands west of New Mexico Highway 117 which are acquired
by the Secretary pursuant to this section shall be incorporated
into the monument and managed accordingly, and section 460uu-3 of
this title and all other provisions of this subchapter and other
law applicable to lands designated by this subchapter as part of
the monument shall apply to such incorporated lands.
(b) Public lands available for exchange
For purposes of acquiring lands pursuant to subsection (a) of
this section, the Secretary, consistent with applicable law and
Bureau of Land Management resource management plans described in
subsection (a) of this section, shall make public lands within the
boundaries of the State of New Mexico available for exchange.
Nothing in this subchapter shall be construed as authorizing or
requiring revocation of any existing withdrawal or classification
of public land except in a manner consistent with applicable law.
(c) Public lands available for transfer; management of lands not
exchanged or transferred
(1) The Secretary shall make the lands within the areas
identified as "Acoma Potential Exchange Areas" on the map
referenced in section 460uu-21 of this title available for transfer
to the Pueblo of Acoma pursuant to this subsection.
(2) Upon a request of the Pueblo of Acoma submitted to the
Secretary no later than one year after December 31, 1987, lands
within the areas described in paragraph (1) shall be transferred to
the Pueblo of Acoma in exchange for trust lands of approximately
equal value within that portion of the conservation area west of
New Mexico Highway 117. The Secretary may require exchanges of land
under this subsection to be on the basis of compact and contiguous
parcels.
(3) Any lands within the areas described in paragraph (1) not
proposed for exchange by a request submitted to the Secretary by
the Pueblo of Acoma within the period specified in paragraph (2),
and any lands in such areas not ultimately transferred pursuant to
this subsection, shall be incorporated within the conservation area
and managed accordingly. In addition, any lands in that portion of
the areas described in paragraph (1) lying in section 1, township
7N, range 9W, New Mexico Principal Meridian, not transferred to the
Pueblo of Acoma pursuant to this subsection shall be added to and
incorporated within the Cebolla Wilderness and managed accordingly.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 505, Dec. 31, 1987, 101 Stat.
1545.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (a)(1)(B), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.
2743, as amended, which is classified principally to chapter 35
(Sec. 1701 et seq.) of Title 43, Public Lands. For complete
classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 43 and Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 460uu-46 of this title.

-End-



-CITE-
16 USC Sec. 460uu-46 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-46. Exchanges and acquisitions generally; withdrawal

-STATUTE-
(a) Exchanges on basis of equal value; cash equalization;
exceptions
All exchanges pursuant to this subchapter shall be made in a
manner consistent with applicable provisions of law, including this
subchapter, and unless otherwise specified in this subchapter shall
be on the basis of equal value; either party to an exchange may pay
or accept cash in order to equalize the value of the property
exchange, except that if the parties agree to an exchange and the
Secretary determines it is in the public interest, such exchange
may be made for other than equal value.
(b) "Public lands" defined
For purposes of this subchapter, the term "public lands" shall
have the same meaning as such term has when used in the Federal
Land Policy and Management Act of 1976 [43 U.S.C. 1701 et seq.].
(c) Incorporation and management of after-acquired lands
Except as otherwise provided in section 460uu-45 of this title,
any lands or interests therein within the boundaries of the
monument or conservation area which after December 31, 1987, may be
acquired by the United States shall be incorporated into the
monument or conservation area, as the case may be, and managed
accordingly, and all provisions of this subchapter and other laws
applicable to the monument or the conservation area, as the case
may be, shall apply to such incorporated lands.
(d) Prohibition on transfer of lands out of Federal ownership;
withdrawal of lands from all forms of entry
(1) Except as otherwise provided in this subchapter, no
federally-owned lands located within the boundaries of the monument
or the conservation area shall be transferred out of Federal
ownership, or be placed in trust for any Indian tribe or group, by
exchange or otherwise.
(2) Except as otherwise provided in this subchapter, and subject
to valid existing rights, all Federal lands within the monument and
the conservation area and all lands and interests therein which are
acquired on and after December 31, 1987, by the United States are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws and from location, entry and
patent under the mining laws, and from operation of the mineral
leasing and geothermal leasing laws and all amendments thereto.
(e) Discrepancies in citation of acreage; maps as controlling
The acreages cited in this subchapter are approximate, and in the
event of discrepancies between cited acreages and the lands
depicted on referenced maps, the maps shall control.
(f) Acceptance of lands proposed for donation
The Secretary is authorized to accept any lands contiguous to the
boundaries of the Pecos National Monument (as such boundaries were
established on December 31, 1987) which may be proposed for
donation to the United States. If acceptance of such lands proposed
for donation would be in furtherance of the purposes for which the
Pecos National Monument was established, the Secretary shall accept
such lands, and upon such acceptance such lands shall be
incorporated into such monument and managed accordingly.
(g) Redesignation and revision of boundaries of Capulin Mountain
National Monument
(1) Capulin Mountain National Monument is hereby redesignated as
Capulin Volcano National Monument.
(2) Any reference in any record, map, or other document of the
United States of America to Capulin Mountain National Monument
shall hereafter be deemed to be a reference to Capulin Volcano
National Monument.
(3) Section 1 of the Act of September 5, 1962 (76 Stat. 436) is
hereby amended by striking the remaining portion of section 1 after
"boundaries of the monument" and inserting "shall include the lands
and interests in lands as generally depicted on the map entitled
'Capulin Volcano National Monument Boundary Map' which is numbered
125-80,014 and dated January 1987.".
(4) Jurisdiction over federally-owned lands within the revised
boundaries of the monument is hereby transferred to the National
Park Service, without monetary consideration, for administration as
part of the monument.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 506, Dec. 31, 1987, 101 Stat.
1546.)

-REFTEXT-
REFERENCES IN TEXT
The Federal Land Policy and Management Act of 1976, referred to
in subsec. (b), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as
amended, which is classified principally to chapter 35 (Sec. 1701
et seq.) of Title 43, Public Lands. For complete classification of
this Act to the Code, see Short Title note set out under section
1701 of Title 43 and Tables.
The public land laws, referred to in subsec. (d)(2), are
classified generally to Title 43.
The mining laws and the mineral leasing laws, referred to in
subsec. (d)(2), are classified generally to Title 30, Mineral Lands
and Mining.
Geothermal leasing laws, referred to in subsec. (d)(2), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title
30.
Section 1 of the Act of September 5, 1962, referred to in subsec.
(g)(3), is section 1 of Pub. L. 87-635, Sept. 5, 1962, 76 Stat.
436, which is not classified to the Code.

-End-



-CITE-
16 USC Sec. 460uu-47 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-47. Access

-STATUTE-
(a) Nonexclusive access by Indians for cultural and religious
purposes
In recognition of the past use of portions of the monument and
the conservation area by Indian people for traditional cultural and
religious purposes, the Secretary shall assure nonexclusive access
to the monument and the conservation area by Indian people for
traditional cultural and religious purposes, including the
harvesting of pine nuts. Such access shall be consistent with the
purpose and intent of the American Indian Religious Freedom Act of
August 11, 1978 (42 U.S.C. 1996 [, 1996a]), and (with respect to
areas designated as wilderness) the Wilderness Act (78 Stat. 890)
[16 U.S.C. 1131 et seq.].
(b) Recommendations from Indian leaders regarding access and
protection of cultural and religious sites
In preparing the plans for the monument and the conservation area
pursuant to section 460uu-41 of this title, the Secretary shall
request that the Governor of the Pueblo of Acoma and the chief
executive officers of other appropriate Indian tribes make
recommendations on methods of -
(1) assuring access pursuant to subsection (a) of this section;
(2) enhancing the privacy of traditional cultural and religious
activities in the monument and the conservation area; and
(3) protecting traditional cultural and religious sites in the
monument and the conservation area.
(c) Temporary closure to public of lands for protection of
religious activities
In order to implement this section and in furtherance of the
American Indian Religious Freedom Act [42 U.S.C. 1996, 1996a], the
Secretary, upon the request of an appropriate Indian tribe, may
from time to time temporarily close to general public use one or
more specific portions of the monument or the conservation area in
order to protect the privacy of religious activities in such areas
by Indian people. Any such closure shall be made so as to affect
the smallest practicable area for the minimum period necessary for
such purposes. Not later than seven days after the initiation of
any such closure, the Secretary shall provide written notification
of such action to the Energy and Natural Resources Committee of the
United States Senate and the Natural Resources Committee of the
House of Representatives.
(d) Advisory committee; membership
The Secretary is authorized to establish an advisory committee to
advise the Secretary concerning the implementation of this section.
Any such advisory committee shall include representatives of the
Pueblo of Acoma, the Pueblo of Zuni, other appropriate Indian
tribes and other persons or groups interested in the implementation
of this section.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 507, Dec. 31, 1987, 101 Stat. 1548;
Pub. L. 103-437, Sec. 6(d)(19), Nov. 2, 1994, 108 Stat. 4584.)

-REFTEXT-
REFERENCES IN TEXT
The American Indian Religious Freedom Act, referred to in
subsecs. (a) and (c), is Pub. L. 95-341, Aug. 11, 1978, 92 Stat.
469, as amended, which is classified to sections 1996 and 1996a of
Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set
out under section 1996 of Title 42 and Tables.
The Wilderness Act, referred to in subsec. (a), is Pub. L.
88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (Sec. 1131 et seq.) of this
title. For complete classification of this Act to the Code, see
Short Title note set out under section 1131 of this title and
Tables.


-MISC1-
AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Natural
Resources" for "Interior and Insular Affairs" before "Committee of
the House".

-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.


-MISC2-
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to terminate
not later than the expiration of the 2-year period beginning on the
date of their establishment, unless, in the case of a committee
established by the President or an officer of the Federal
Government, such committee is renewed by appropriate action prior
to the expiration of such 2-year period, or in the case of a
committee established by the Congress, its duration is otherwise
provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 776, set out in the Appendix to Title 5, Government
Organization and Employees.

-End-



-CITE-
16 USC Sec. 460uu-48 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-48. Cooperative agreements with Federal, State and local
public departments and agencies

-STATUTE-
In order to encourage unified and cost effective interpretation
of prehistoric and historic civilizations in western New Mexico,
the Secretary is authorized and encouraged to enter into
cooperative agreements with other Federal, State and local public
departments and agencies, Indian tribes, and nonprofit entities
providing for the interpretation of prehistoric and historic
civilizations in New Mexico and eastern Arizona. The Secretary may,
pursuant to such agreements, cooperate in the development and
operation of a multiagency orientation center and programs on lands
and interests in lands inside and outside of the boundaries of the
monument and the conservation area generally, with the concurrence
of the owner or administrator thereof, and specifically in or near
Grants, New Mexico, adjacent to Interstate 40 in accordance with
the plan required pursuant to section 460uu-41 of this title.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 508, Dec. 31, 1987, 101 Stat.
1548.)

-End-



-CITE-
16 USC Sec. 460uu-49 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-49. Water rights

-STATUTE-
(a) Reservation to United States of minimum amount of water
required
Congress expressly reserves to the United States the minimum
amount of water required to carry out the purposes for which the
national monument, the conservation area, and the wilderness areas
are designated under this subchapter. The priority date of such
reserved rights shall be December 31, 1987.
(b) Effect on existing valid or vested water rights
Nothing in this section shall affect any existing valid or vested
water right, or applications for water rights which are pending as
of December 31, 1987, and which are subsequently granted: Provided,
That nothing in this subsection shall be construed to require the
National Park Service to allow the drilling of ground water wells
within the boundaries of the national monument.
(c) Construction of section as precedent with regard to future
designations
Nothing in this section shall be construed as establishing a
precedent with regard to any future designations, nor shall it
affect the interpretation of any other Act or any designation made
pursuant thereto.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 509, Dec. 31, 1987, 101 Stat.
1549.)

-End-



-CITE-
16 USC Sec. 460uu-50 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVI - EL MALPAIS NATIONAL MONUMENT AND CONSERVATION AREA
Part E - General Provisions

-HEAD-
Sec. 460uu-50. Authorization of appropriations

-STATUTE-
There is authorized to be appropriated $16,500,000 for the
purposes of this subchapter, of which $10,000,000 shall be
available for land acquisition in the national monument; $1 million
shall be available for development within the national monument; $4
million shall be available for land acquisition within the
conservation area; $1 million shall be available for development
within the conservation area; and $500,000 shall be available for
planning and development of the Masau Trail.

-SOURCE-
(Pub. L. 100-225, title V, Sec. 510, Dec. 31, 1987, 101 Stat.
1549.)

-End-


-CITE-
16 USC SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL
RECREATION AND WILDERNESS AREA 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-End-



-CITE-
16 USC Sec. 460vv 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv. Findings and purposes

-STATUTE-
(a) Findings
The Congress finds that -
(1) select areas of undeveloped National Forest System lands in
the State of Oklahoma possess outstanding natural characteristics
which give them high values as wilderness and will, if properly
preserved, contribute as an enduring resource of wilderness for
the benefit of the American people;
(2) the Department of Agriculture's second roadless area review
and evaluation (RARE II) and other studies of National Forest
System lands in the State of Oklahoma and the related
congressional review of such lands have identified areas which,
on the basis of their landform, ecosystem, associated wildlife,
and location, will help to fulfill the National Forest System's
share of a quality National Wilderness Preservation System;
(3) the Department of Agriculture's second roadless area review
and evaluation, of National Forest System lands in the State of
Oklahoma and the related congressional review of such lands have
also identified areas which do not possess outstanding wilderness
attributes or which possess outstanding energy, mineral, timber,
grazing, dispersed recreation and other values, and which should
not be designated as components of the National Wilderness
Preservation System but should be available for nonwilderness
multiple uses under the land management planning process and
other applicable laws;
(4) many areas of the Ouachita National Forest possess
qualities that can only be expressed and utilized in such a
manner that designation of such areas as a national recreation
area is appropriate for the maximum potential and enjoyment of
the area by the American people;
(5) select areas possess unique plant and tree species and
plant communities that are significant in their occurrence,
variety and location and warrant designation as botanical areas;
and
(6) select areas possess unique scenic and wildlife qualities
that designation of such areas as a national scenic area and a
national scenic and wildlife area is appropriate for the
preservation of the natural beauty and wildlife habitat for the
enjoyment of the American people.
(b) Purposes
The purposes of this subchapter are to -
(1) designate certain National Forest System lands in the State
of Oklahoma as components of the National Wilderness Preservation
System, in order to promote, perpetuate, and preserve the
wilderness character of the lands, protect watersheds and
wildlife habitat, preserve scenic and historic resources, and
promote scientific research, primitive recreation, solitude,
physical and mental challenge, and inspiration for the benefit of
all the American people, to a greater extent than is possible in
the absence of wilderness designation; and to ensure that certain
other National Forest System lands in the State of Oklahoma be
available for nonwilderness multiple uses; and
(2) designate certain National Forest System lands in the State
of Oklahoma as a national recreation area, 2 botanical areas, a
national scenic area, and a national scenic and wildlife area in
order to enhance and further certain natural resources
characteristics.

-SOURCE-
(Pub. L. 100-499, Sec. 2, Oct. 18, 1988, 102 Stat. 2491.)


-MISC1-
SHORT TITLE
Section 1 of Pub. L. 100-499 provided that: "This Act [enacting
this subchapter] may be referred to as the 'Winding Stair Mountain
National Recreation and Wilderness Area Act'."

-End-



-CITE-
16 USC Sec. 460vv-1 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-1. Additions to National Wilderness Preservation System

-STATUTE-
In furtherance of the purposes of the Wilderness Act of 1964 (78
Stat. 890, 16 U.S.C. 1131 et seq.) the following lands in the State
of Oklahoma are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) Certain lands in the Ouachita National Forest, Oklahoma,
which comprise approximately 4,583 acres, as generally depicted
on a map entitled "Black Fork Mountain Wilderness - Proposed",
dated March 1988, and which shall be known as the Black Fork
Mountain Wilderness.
(2) Certain lands in the Ouachita National Forest, Oklahoma,
which comprise approximately 9,371 acres, as generally depicted
on a map entitled "Upper Kiamichi River Wilderness - Proposed",
dated March 1988, and which shall be known as the Upper Kiamichi
River Wilderness.

-SOURCE-
(Pub. L. 100-499, Sec. 3, Oct. 18, 1988, 102 Stat. 2492.)

-REFTEXT-
REFERENCES IN TEXT
The Wilderness Act of 1964, referred to in text, probably means
the Wilderness Act, Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as
amended, which is classified generally to chapter 23 (Sec. 1131 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of this title
and Tables.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 460vv-2, 460vv-3 of this
title.

-End-



-CITE-
16 USC Sec. 460vv-2 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA

-HEAD-
Sec. 460vv-2. Maps and descriptions

-STATUTE-
As soon as practicable after October 18, 1988, the Secretary of
Agriculture shall file the maps referred to in section 460vv-1 of
this title and legal descriptions of each wilderness area
designated by section 460vv-1 of this title with the Committee on
Interior and Insular Affairs and the Committee on Agriculture of
the United States House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the United States Senate.
Each such map and legal description shall have the same force and
effect as if included in this subchapter; except that correction of
clerical and typographical errors in such legal descriptions and
maps may be made. Each such map and legal description shall be on
file and available for public inspection in the Office of the Chief
of the Forest Service, Department of Agriculture.

-SOURCE-
(Pub. L. 100-499, Sec. 4, Oct. 18, 1988, 102 Stat. 2492.)

-CHANGE-
CHANGE OF NAME
Committee on Interior and Insular Affairs of the House of
Representatives changed to Committee on Natural Resources of the
House of Representatives on Jan. 5, 1993, by House Resolution No.
5, One Hundred Third Congress. Committee on Natural Resources of
House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The
Congress.

-End-



-CITE-
16 USC Sec. 460vv-3 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 1 - NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER CVII - WINDING STAIR MOUNTAIN NATIONAL RECREATION AND
WILDERNESS AREA-HEAD- (continued)