Notes on 16 U.S.C. § 4301 : US Code - Notes

Search Notes on 16 U.S.C. § 4301 : US Code - Notes

(Pub. L. 100-691, Sec. 2, Nov. 18, 1988, 102 Stat. 4546.)
SHORT TITLE
Section 1 of Pub. L. 100-691 provided that: "This Act [enacting
this chapter] may be referred to as the 'Federal Cave Resources
Protection Act of 1988'."
LECHUGUILLA CAVE PROTECTION
Pub. L. 103-169, Dec. 2, 1993, 107 Stat. 1983, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Lechuguilla Cave Protection Act of
1993'.
"SEC. 2. FINDING.
"Congress finds that Lechuguilla Cave and adjacent public lands
have internationally significant scientific, environmental, and
other values, and should be retained in public ownership and
protected against adverse effects of mineral exploration and
development and other activities presenting threats to the areas.
"SEC. 3. LAND WITHDRAWAL.
"(a) Withdrawal. - Subject to valid existing rights, all Federal
lands within the boundaries of the cave protection area described
in subsection (b) are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws;
and from disposition under all laws pertaining to mineral and
geothermal leasing, and all amendments thereto.
"(b) Land Description. - The cave protection area referred to in
subsection (a) shall consist of approximately 6,280 acres of lands
in New Mexico as generally depicted on the map entitled
'Lechuguilla Cave Protection Area' numbered 130/80,055 and dated
April 1993.
"(c) Publication, Filing, Correction, and Inspection. - (1) As
soon as practicable after the date of enactment of this Act [Dec.
2, 1993], the Secretary of the Interior (hereinafter referred to as
the 'Secretary') shall publish in the Federal Register the legal
description of the lands withdrawn under subsection (a) and shall
file such legal description and a detailed map with the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives.
"(2) Such map and legal description shall have the same force and
effect as if included in this Act except that the Secretary may
correct clerical and typographical errors.
"(3) Copies of such map and legal description shall be available
for inspection in the appropriate offices of the Bureau of Land
Management.
"SEC. 4. MANAGEMENT OF EXISTING LEASES.
"(a) Suspension. - The Secretary shall not permit any new
drilling on or involving any Federal mineral or geothermal lease
within the cave protection area referred to in section 3(a) until
the effective date of the Record of Decision for the Dark Canyon
Environmental Impact Statement, or for 12 months after the date of
enactment of this Act [Dec. 2, 1993], whichever occurs first.
"(b) Authority To Cancel Existing Mineral or Geothermal Leases. -
Upon the effective date of the Record of Decision for the Dark
Canyon Environmental Impact Statement and in order to protect
Lechuguilla Cave or other cave resources, the Secretary is
authorized to -
"(1) cancel any Federal mineral or geothermal lease in the cave
protection area referred to in section 3(a); or
"(2) enter into negotiations with the holder of a Federal
mineral or geothermal lease in the cave protection area referred
to in section 3(a) to determine appropriate compensation, if any,
for the complete or partial termination of such lease.
"SEC. 5. ADDITIONAL PROTECTION AND RELATION TO OTHER LAWS.
"(a) In General. - In order to protect Lechuguilla Cave or
Federal lands within the cave protection area, the Secretary,
subject to valid existing rights, may limit or prohibit access to
or across lands owned by the United States or prohibit the removal
from such lands of any mineral, geological, or cave resources:
Provided, That existing access to private lands within the cave
protection area shall not be affected by this subsection.
"(b) No Effect on Pipelines. - Nothing in this title [Act] shall
have the effect of terminating any validly issued right-of-way, or
customary operation, maintenance, repair, and replacement
activities in such right-of-way; prohibiting the upgrading of and
construction on existing facilities in such right-of-way for the
purpose of increasing capacity of the existing pipeline; or
prohibiting the renewal of such right-of-way within the cave
protection area referred to in section 3(a).
"(c) Relation to Other Laws. - Nothing in this Act shall be
construed as increasing or diminishing the ability of any party to
seek compensation pursuant to other applicable law, including but
not limited to the Tucker Act (28 U.S.C. 1491), or as precluding
any defenses or claims otherwise available to the United States in
connection with any action seeking such compensation from the
United States.
"SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
"There is hereby authorized to be appropriated such sums as may
be necessary to carry out this Act: Provided, That no funds shall
be made available except to the extent, or in such amounts as are
provided in advance in appropriation Acts."