
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-176 Section 124]
[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 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        are withdrawn from all forms of appropriation under the mining 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 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 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.

(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.)

                       References in Text

    This Act, referred to in subsecs. (b)(2), (c)(1)(B), and (e)(1), 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, referred to in subsec. (c)(2)(A), are classified 
generally to Title 30, Mineral Lands and Mining.
    Mineral leasing laws, referred to in subsec. (c)(2)(A), have been 
defined in sections 351, 505, 530, and 541e of Title 30 to mean acts 
Oct. 20, 1914, ch. 330, 38 Stat. 741; Feb. 25, 1920, ch. 85, 41 Stat. 
437; Apr. 17, 1926, ch. 158, 44 Stat. 301; and Feb. 7, 1927, ch. 66, 44 
Stat. 1057. The act of Oct. 20, 1914, was repealed by Pub. L. 86-252, 
Sec. 1, Sept. 9, 1959, 73 Stat. 490. The act of Feb. 25, 1920, is known 
as the Mineral Leasing Act and is classified generally to chapter 3A 
(Sec. 181 et seq.) of Title 30. The act of Apr. 17, 1926, is classified 
generally to subchapter VIII (Sec. 271 et seq.) of chapter 3A of Title 
30. The act of Feb. 7, 1927, is classified principally to subchapter IX 
(Sec. 281 et seq.) of chapter 3A of Title 30. For complete 
classification of these Acts to the Code, see Tables.
    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

    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.''

                         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.
