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Title 43 — Public Lands

Chapter 35 — Federal Land Policy and Management

§ 1785. Fossil Forest Research Natural Area

Statutory text

(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 , 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Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral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 , 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 .

(3)

Grazing

Livestock grazing on lands within the Area may not be permitted.

(d)

Inventory

Not later than 3 full fiscal years after , 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).

(e)

Management plan

(1)

In general

Not later than 5 years after , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. San Juan Basin Wilderness Protection Act of 1984

    Pub. L. 98–603 title I § 103 · 98 Stat. 3155

    Enacted · 43 U.S.C. § 1785

    Pub. L. 98–603, title I, § 103, Oct. 30, 1984, 98 Stat. 3156

    Source evidence

    Code source credit
    Pub. L. 98–603, title I, § 103, Oct. 30, 1984, 98 Stat. 3156

    Enacted provision · exact public law section
    Sec. 103. (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 the date of enactment of this Act the Secretary of the Interior shall promulgate rules and regulations for the administration of the Fossil Forest area referred to in subsection (a) 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 section 103(a) of this Act. Within eight years of enactment of this Act, 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.

  2. Bisti/ DeNa-Zin Wilderness Expansion and Fossil Forest Protection Act

    Pub. L. 104–333 div. I title X § 1022(e) · 110 Stat. 4093

    Amended · 43 U.S.C. § 1785

    Pub. L. 104–333 amended section generally. Prior to amendment, section read as follows:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (e) Fossil Forest Research Natural Area.— Section 103 of the San Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended to read as follows: “SEC. 103. 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 the date of enactment of this paragraph, 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 Natural 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 the date of enactment of this para-graph 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 the date of enactment of this paragraph. “(3) Grazing.— Livestock grazing on lands within the Area may not be permitted. “(d) Inventory.— Not later than 3 full fiscal years after the date of enactment of this subsection, 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). “(e) Management Plan.— “(1) In general.— Not later than 5 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a management plan that describes the appropriate use of the Area consistent with this Act. “(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.”.

  3. Pub. L. 106–176 § 124(1) · 114 Stat. 23

    Substituted · 43 U.S.C. § 1785(b)(1)

    Pub. L. 106–176, § 124(1), substituted “Committee on Resources” for “Committee on Natural Resources”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–176, § 124(1), substituted “Committee on Resources” for “Committee on Natural Resources”.

    Enacted provision · exact public law section
    (1) In subsections (b)(1) and (e)(1), by striking “Committee on Natural Resources” and inserting “Committee on Resources”.

  4. Pub. L. 106–176 § 124(2) · 114 Stat. 23

    Substituted · 43 U.S.C. § 1785(e)(1)

    Pub. L. 106–176, § 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

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 106–176, § 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.

    Enacted provision · exact public law section
    (2) In subsection (e)(1), by striking “this Act” and inserting “this subsection”.

  5. Pub. L. 106–176 § 124(1) · 114 Stat. 23

    Substituted · 43 U.S.C. § 1785(e)(1)

    Pub. L. 106–176, § 124(1), substituted ‘Committee on Resources” for “Committee on Natural Resources”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–176, § 124(1), substituted ‘Committee on Resources” for “Committee on Natural Resources”.

    Enacted provision · exact public law section
    (1) In subsections (b)(1) and (e)(1), by striking “Committee on Natural Resources” and inserting “Committee on Resources”.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub. L. 98–603, , 98 Stat. 3155, 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, , 90 Stat. 2743, 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.

Codification

, 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.

Amendments1996–2000 · 2 rounds

2000

Subsec. (b)(1). Pub. L. 106–176, § 124(1), substituted “Committee on Resources” for “Committee on Natural Resources”.

Subsec. (e)(1). Pub. L. 106–176, § 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, § 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 , 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 , 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.”

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .

Credits

1984–2000 · 3 acts
  1. 1984Pub. L. 98–603, title I, § 103, , 98 Stat. 3156
  2. 1996Pub. L. 104–333, div. I, title X, § 1022(e), , 110 Stat. 4213
  3. 2000Pub. L. 106–176, title I, § 124, , 114 Stat. 30.
Show as published

(Pub. L. 98–603, title I, § 103, , 98 Stat. 3156; Pub. L. 104–333, div. I, title X, § 1022(e), , 110 Stat. 4213; Pub. L. 106–176, title I, § 124, , 114 Stat. 30.)

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