§ 1785. — Fossil Forest Research Natural Area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1785]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER VI--DESIGNATED MANAGEMENT AREAS
Sec. 1785. Fossil Forest Research Natural Area
(a) Establishment
To conserve and protect natural values and to provide scientific
knowledge, education, and interpretation for the benefit of future
generations, there is established the Fossil Forest Research Natural
Area (referred to in this section as the ``Area''), consisting of the
approximately 2,770 acres in the Farmington District of the Bureau of
Land Management, New Mexico, as generally depicted on a map entitled
``Fossil Forest'', dated June 1983.
(b) Map and legal description
(1) In general
As soon as practicable after November 12, 1996, the Secretary of
the Interior shall file a map and legal description of the Area with
the Committee on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives.
(2) Force and effect
The map and legal description described in paragraph (1) shall
have the same force and effect as if included in this Act.
(3) Technical corrections
The Secretary of the Interior may correct clerical,
typographical, and cartographical errors in the map and legal
description subsequent to filing the map pursuant to paragraph (1).
(4) Public inspection
The map and legal description shall be on file and available for
public inspection in the Office of the Director of the Bureau of
Land Management, Department of the Interior.
(c) Management
(1) In general
The Secretary of the Interior, acting through the Director of
the Bureau of Land Management, shall manage the Area--
(A) to protect the resources within the Area; and
(B) in accordance with this Act, the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other
applicable provisions of law.
(2) Mining
(A) Withdrawal
Subject to valid existing rights, the lands within the Area
are withdrawn from all forms of appropriation under the mining
laws and from disposition under all laws pertaining to mineral
leasing, geothermal leasing, and mineral material sales.
(B) Coal preference rights
The Secretary of the Interior is authorized to issue coal
leases in New Mexico in exchange for any preference right coal
lease application within the Area. Such exchanges shall be made
in accordance with applicable existing laws and regulations
relating to coal leases after a determination has been made by
the Secretary that the applicant is entitled to a preference
right lease and that the exchange is in the public interest.
(C) Oil and gas leases
Operations on oil and gas leases issued prior to November
12, 1996, shall be subject to the applicable provisions of Group
3100 of title 43, Code of Federal Regulations (including section
3162.5-1), and such other terms, stipulations, and conditions as
the Secretary of the Interior considers necessary to avoid
significant disturbance of the land surface or impairment of the
natural, educational, and scientific research values of the Area
in existence on November 12, 1996.
(3) Grazing
Livestock grazing on lands within the Area may not be permitted.
(d) Inventory
Not later than 3 full fiscal years after November 12, 1996, the
Secretary of the Interior, acting through the Director of the Bureau of
Land Management, shall develop a baseline inventory of all categories of
fossil resources within the Area. After the inventory is developed, the
Secretary shall conduct monitoring surveys at intervals specified in the
management plan developed for the Area in accordance with subsection (e)
of this section.
(e) Management plan
(1) In general
Not later than 5 years after November 12, 1996, the Secretary of
the Interior shall develop and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of
the House of Representatives a management plan that describes the
appropriate use of the Area consistent with this subsection.
(2) Contents
The management plan shall include--
(A) a plan for the implementation of a continuing
cooperative program with other agencies and groups for--
(i) laboratory and field interpretation; and
(ii) public education about the resources and values of
the Area (including vertebrate fossils);
(B) provisions for vehicle management that are consistent
with the purpose of the Area and that provide for the use of
vehicles to the minimum extent necessary to accomplish an
individual scientific project;
(C) procedures for the excavation and collection of fossil
remains, including botanical fossils, and the use of motorized
and mechanical equipment to the minimum extent necessary to
accomplish an individual scientific project; and
(D) mitigation and reclamation standards for activities that
disturb the surface to the detriment of scenic and environmental
values.
(Pub. L. 98-603, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 3156; Pub.
L. 104-333, div. I, title X, Sec. 1022(e), Nov. 12, 1996, 110 Stat.
4213; Pub. L. 106-176, title I, Sec. 124, Mar. 10, 2000, 114 Stat. 30.)
References in Text
This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub. L.
98-603, Oct. 30, 1984, 98 Stat. 3155, as amended, known as the San Juan
Basin Wilderness Protection Act of 1984. For complete classification of
this Act to the Code, see Tables.
The Federal Land Policy and Management Act of 1976, as amended,
referred to in subsec. (c)(1)(B), is Pub. L. 94-579, Oct. 21, 1976, 90
Stat. 2743, as amended, which is classified principally to this chapter.
For complete classification of this Act to the Code, see Short Title
note set out under section 1701 of this title and Tables.
The mining laws and the mineral leasing laws, referred to in subsec.
(c)(2)(A), are classified generally to Title 30, Mineral Lands and
Mining.
Geothermal leasing laws, referred to in subsec. (c)(2)(A), are
classified principally to chapter 23 (Sec. 1001 et seq.) of Title 30.
Codification
November 12, 1996, referred to in subsec. (e)(1), was in the
original ``the date of enactment of this Act'', which was translated as
meaning the date of enactment of Pub. L. 104-333, which amended this
section generally, to reflect the probable intent of Congress.
Section was enacted as part of the San Juan Basin Wilderness
Protection Act of 1984, and not as part of the Federal Land Policy and
Management Act of 1976 which comprises this chapter.
Amendments
2000--Subsec. (b)(1). Pub. L. 106-176, Sec. 124(1), substituted
``Committee on Resources'' for ``Committee on Natural Resources''.
Subsec. (e)(1). Pub. L. 106-176, Sec. 124(2), which directed
amendment of par. (1) by substituting ``this subsection'' for ``this
Act'', was executed by making the substitution following ``consistent
with'', to reflect the probable intent of Congress.
Pub. L. 106-176, Sec. 124(1), substituted `Committee on Resources''
for ``Committee on Natural Resources''.
1996--Pub. L. 104-333 amended section generally. Prior to amendment,
section read as follows:
``(a) In recognition of its paramount aesthetic, natural,
scientific, educational, and paleontological values, the approximately
two thousand seven hundred and twenty acre area in the Albuquerque
District of the Bureau of Land Management, New Mexico, known as the
`Fossil Forest', as generally depicted on a map entitled `Fossil
Forest', dated June 1983, is hereby withdrawn, subject to valid existing
rights, from all forms of appropriation under the mining laws and from
disposition under all laws pertaining to mineral leasing and geothermal
leasing and all amendments thereto. The Secretary of the Interior shall
administer the area in accordance with the Federal Land Policy and
Management Act and shall take such measures as are necessary to ensure
that no activities are permitted within the area which would
significantly disturb the land surface or impair the area's existing
natural, educational, and scientific research values, including
paleontological study, excavation, and interpretation.
``(b) Within one year of October 30, 1984, the Secretary of the
Interior shall promulgate rules and regulations for the administration
of the Fossil Forest area referred to in subsection (a) of this section
in accordance with the provisions of this Act and shall file a copy of
such rules and regulations 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.
``(c) The Bureau of Land Management is hereby directed to conduct a
long-range study of the Fossil Forest to determine how best to manage
the area's resource values identified in subsection (a) of this section.
Within eight years of October 30, 1984, the Secretary shall forward the
study results and management plan for the area to Congress. During the
study period and until Congress determines otherwise, the Fossil Forest
area shall be managed under the provisions of this Act.''
