S. 1476

108 S1476 IS: M.H. Dutch Salmon Greater Gila Wild and Scenic River Act
 U.S. Senate
 2025-04-10
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1476  IN THE SENATE OF THE UNITED STATES   April 10, 2025   Mr. Heinrich  (for himself and  Mr. Luján ) introduced the following bill; which was read twice and referred to the  Committee on Energy and Natural Resources    A BILL
To amend the Wild and Scenic Rivers Act to designate certain segments of the Gila River system in the State of New Mexico as components of the National Wild and Scenic Rivers System, to provide for the transfer of administrative jurisdiction over certain Federal land in the State of New Mexico, and for other purposes.
1.
Short title
This Act may be cited as the   M.H. Dutch Salmon Greater Gila Wild and Scenic River Act  .
2.
Designation of wild and scenic rivers
(a)
Definitions
In this section:
(1)
Covered segment
The term  covered segment  means a river segment designated by paragraph (233) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (b)).
(2)
Secretary concerned
The term  Secretary concerned  means—
(A)
the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and
(B)
the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture.
(3)
State
The term  State  means the State of New Mexico.
(b)
Designation of segments
Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following:
(233)
Gila River System, New Mexico
The following segments of the Gila River system in Las Animas Creek, Holden Prong, and McKnight Canyon in the State of New Mexico, to be administered by the Secretary concerned (as defined in section 2(a) of the  M.H. Dutch Salmon Greater Gila Wild and Scenic River Act ) in the following classifications:
(A)
Apache creek
The approximately 10.5-mile segment, as generally depicted on the map entitled  Apache Creek  and dated April 30, 2020, as a wild river.
(B)
Black canyon creek
(i)
The 11.8-mile segment, as generally depicted on the map entitled  Black Canyon Creek  and dated April 30, 2020, as a wild river.
(ii)
The 0.6-mile segment, as generally depicted on the map entitled  Black Canyon Creek  and dated April 30, 2020, as a recreational river.
(iii)
The 1.9-mile segment, as generally depicted on the map entitled  Black Canyon Creek  and dated April 30, 2020, as a recreational river.
(iv)
The 11-mile segment, as generally depicted on the map entitled  Black Canyon Creek  and dated April 30, 2020, as a wild river.
(C)
Diamond creek
(i)
The approximately 13.3-mile segment, as generally depicted on the map entitled  Diamond Creek  and dated March 27, 2020, as a wild river.
(ii)
The approximately 4.7-mile segment, as generally depicted on the map entitled  Diamond Creek  and dated March 27, 2020, as a wild river.
(iii)
The approximately 3.1-mile segment, as generally depicted on the map entitled  Diamond Creek  and dated March 27, 2020, as a recreational river.
(iv)
The approximately 1.6-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a recreational river.
(v)
The approximately 4.1-mile segment, as generally depicted on the map entitled ‘Diamond Creek’ and dated March 27, 2020, as a wild river.
(D)
South diamond creek
The approximately 16.1-mile segment, as generally depicted on the map entitled ‘South Diamond Creek’ and dated March 27, 2020, as a wild river.
(E)
Gila river
(i)
The approximately 34.9-mile segment, as generally depicted on the map entitled  Gila River  and dated April 30, 2020, as a wild river.
(ii)
The approximately 2.5-mile segment, as generally depicted on the map entitled ‘Gila River’ and dated April 30, 2020, as a recreational river.
(iii)
The approximately 3-mile segment, as generally depicted on the map entitled  Gila River  and dated April 30, 2020, as a wild river.
(F)
Gila river, east fork
The approximately 10.3-mile segment, as generally depicted on the map entitled  East Fork Gila River  and dated April 30, 2020, as a wild river.
(G)
Gila river, lower box
(i)
The approximately 3.1-mile segment, as generally depicted on the map entitled  Gila River, Lower Box  and dated April 21, 2020, as a recreational river.
(ii)
The approximately 6.1-mile segment, as generally depicted on the map entitled  Gila River, Lower Box  and dated April 21, 2020, as a wild river.
(H)
Gila river, middle box
(i)
 The approximately 0.6-mile segment, as generally depicted on the map entitled  Gila River, Middle Box  and dated April 30, 2020, as a recreational river.
(ii)
The approximately 0.4-mile segment, as generally depicted on the map entitled  Gila River, Middle Box ’ and dated April 30, 2020, as a recreational river.
(iii)
The approximately 0.3-mile segment, as generally depicted on the map entitled  Gila River, Middle Box  and dated April 30, 2020, as a recreational river.
(iv)
The approximately 0.3-mile segment, as generally depicted on the map entitled  Gila River, Middle Box  and dated April 30, 2020, as a recreational river.
(v)
The approximately 1.6-mile segment, as generally depicted on the map entitled  Gila River, Middle Box  and dated April 30, 2020, as a recreational river.
(vi)
 The approximately 9.8-mile segment, as generally depicted on the map entitled  Gila River, Middle Box  and dated April 30, 2020, as a wild river.
(I)
Gila river, middle fork
(i)
The approximately 1.2-mile segment, as generally depicted on the map entitled  Middle Fork Gila River  and dated May 1, 2020, as a recreational river.
(ii)
The approximately 35.5-mile segment, as generally depicted on the map entitled  Middle Fork Gila River  and dated May 1, 2020, as a wild river.
(J)
Gila river, west fork
(i)
The approximately 30.6-mile segment, as generally depicted on the map entitled  West Fork Gila River  and dated May 1, 2020, as a wild river.
(ii)
The approximately 4-mile segment, as generally depicted on the map entitled  West Fork Gila River  and dated May 1, 2020, as a recreational river.
(K)
Gilita creek
The approximately 6.4-mile segment, as generally depicted on the map entitled  Gilita Creek  and dated March 4, 2020, as a wild river.
(L)
Holden prong
The approximately 7.3-mile segment, as generally depicted on the map entitled  Holden Prong  and dated March 27, 2020, as a wild river.
(M)
Indian creek
(i)
The approximately 5-mile segment, as generally depicted on the map entitled  Indian Creek  and dated March 27, 2020, as a recreational river.
(ii)
The approximately 9.5-mile segment, as generally depicted on the map entitled  Indian Creek  and dated March 27, 2020, as a wild river.
(N)
Iron creek
The approximately 13.2-mile segment, as generally depicted on the map entitled  Iron Creek  and dated March 4, 2020, as a wild river.
(O)
Las animas creek
(i)
The approximately 5.3-mile segment, as generally depicted on the map entitled  Las Animas Creek  and dated March 27, 2020, as a wild river.
(ii)
The approximately 2.3-mile segment, as generally depicted on the map entitled  Las Animas Creek  and dated March 27, 2020, as a scenic river.
(P)
Little creek
(i)
The approximately 0.3-mile segment, as generally depicted on the map entitled  Little Creek  and dated May 1, 2020, as a recreational river.
(ii)
The approximately 18.3-mile segment, as generally depicted on the map entitled  Little Creek  and dated May 1, 2020, as a wild river.
(Q)
Mcknight canyon
The approximately 10.3-mile segment, as generally depicted on the map entitled  McKnight Canyon  and dated March 4, 2020, as a wild river.
(R)
Mineral creek
(i)
The approximately 8.3-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a wild river.
(ii)
The approximately 0.5-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(iii)
The approximately 0.5-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(iv)
The approximately 0.1-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(v)
The approximately 0.03-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(vi)
The approximately 0.02-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(vii)
The approximately 0.6-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(viii)
 The approximately 0.1-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(ix)
The approximately 0.03-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(x)
The approximately 0.7-mile segment, as generally depicted on the map entitled  Mineral Creek  and dated March 27, 2020, as a recreational river.
(S)
Mogollon creek
The approximately 15.8-mile segment, as generally depicted on the map entitled  Mogollon Creek  and dated April 2, 2020, as a wild river.
(T)
West fork mogollon creek
The approximately 8.5-mile segment, as generally depicted on the map entitled  West Fork Mogollon Creek  and dated March 4, 2020, as a wild river.
(U)
Mule creek
The approximately 4.3-mile segment, as generally depicted on the map entitled  Mule Creek  and dated March 4, 2020, as a wild river.
(V)
San francisco river, devil’s creek
(i)
The approximately 1.8-mile segment, as generally depicted on the map entitled  San Francisco River, Devil's Creek  and dated October 29, 2021, as a scenic river.
(ii)
The approximately 6.4-mile segment, as generally depicted on the map entitled  San Francisco River, Devil's Creek  and dated October 29, 2021, as a scenic river.
(iii)
The approximately 6.1-mile segment, as generally depicted on the map entitled  San Francisco River, Devil's Creek  and dated October 29, 2021, as a scenic river.
(iv)
The approximately 1.2-mile segment, as generally depicted on the map entitled  San Francisco River, Devil’s Creek  and dated October 29, 2021, as a recreational river.
(v)
The approximately 5.9-mile segment, as generally depicted on the map entitled  San Francisco River, Devil’s Creek  and dated October 29, 2021, as a recreational river.
(W)
San francisco river, lower san francisco river canyon
(i)
The approximately 1.8-mile segment, as generally depicted on the map entitled  San Francisco River, Lower San Francisco River Canyon  and dated March 27, 2020, as a wild river.
(ii)
The approximately 0.6-mile segment, as generally depicted on the map entitled  San Francisco River, Lower San Francisco River Canyon  and dated March 27, 2020, as a recreational river.
(iii)
The approximately 14.6-mile segment, as generally depicted on the map entitled  San Francisco River, Lower San Francisco River Canyon  and dated March 27, 2020, as a wild river.
(X)
San francisco river, upper frisco box
The approximately 6-mile segment, as generally depicted on the map entitled  San Francisco River, Upper Frisco Box  and dated March 4, 2020, as a wild river.
(Y)
Sapillo creek
The approximately 7.2-mile segment, as generally depicted on the map entitled  Sapillo Creek  and dated March 27, 2020, as a wild river.
(Z)
Spruce creek
The approximately 3.7-mile segment, as generally depicted on the map entitled  Spruce Creek  and dated March 4, 2020, as a wild river.
(AA)
Taylor creek
(i)
The approximately 0.4-mile segment, as generally depicted on the map entitled  Taylor Creek  and dated April 30, 2020, as a scenic river.
(ii)
The approximately 6.1-mile segment, as generally depicted on the map entitled  Taylor Creek  and dated April 30, 2020, as a wild river.
(iii)
The approximately 6.7-mile segment, as generally depicted on the map entitled  Taylor Creek  and dated April 30, 2020, as a wild river.
(BB)
Turkey creek
The approximately 17.1-mile segment, as generally depicted on the map entitled  Turkey Creek  and dated April 30, 2020, as a wild river.
(CC)
Whitewater creek
(i)
The approximately 13.5-mile segment, as generally depicted on the map entitled  Whitewater Creek  and dated March 27, 2020, as a wild river.
(ii)
The approximately 1.1-mile segment, as generally depicted on the map entitled  Whitewater Creek  and dated March 27, 2020, as a recreational river.
(DD)
Willow creek
(i)
The approximately 3-mile segment, as generally depicted on the map entitled  Willow Creek  and dated April 30, 2020, as a recreational river.
(ii)
The approximately 2.9-mile segment, as generally depicted on the map entitled  Willow Creek  and dated April 30, 2020, as a recreational river.
 .
(c)
Withdrawal
Subject to valid existing rights, all Federal land within the boundary of a covered segment is withdrawn from all forms of—
(1)
entry, appropriation, or disposal under the public land laws;
(2)
location, entry, and patent under the mining laws; and
(3)
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(d)
Maps; legal descriptions
(1)
In general
As soon as practicable after the date of enactment of this Act, the Secretary concerned shall prepare maps and legal descriptions of the covered segments.
(2)
Force of law
The maps and legal descriptions prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary concerned may correct minor errors in the maps and legal descriptions.
(3)
Availability
The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, and the National Park Service.
(e)
Comprehensive river management plan
The Secretary concerned shall prepare the comprehensive management plan for the covered segments pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ) after consulting with Tribal governments, applicable political subdivisions of the State, and interested members of the public.
(f)
Incorporation of acquired land and interests in land
If the United States acquires any non-Federal land within or adjacent to a covered segment, the acquired land shall be incorporated in, and be administered as part of, the applicable covered segment.
(g)
Effect of section
(1)
Effect on rights
In accordance with section 12(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1283(b) ), nothing in this section or an amendment made by this section abrogates any existing rights of, privilege of, or contract held by any person, including any right, privilege, or contract that affects Federal land or private land, without the consent of the person, including—
(A)
grazing permits or leases;
(B)
existing water rights, including the jurisdiction of the State in administering water rights;
(C)
existing points of diversion, including maintenance, repair, or replacement;
(D)
existing water distribution infrastructure, including maintenance, repair, or replacement; and
(E)
valid existing rights for mining and mineral leases.
(2)
Mining activities
The designation of a covered segment by subparagraph (G) or (H) of paragraph (233) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (b)) shall not—
(A)
limit the licensing, development, operation, or maintenance of mining activities or mineral processing facilities outside the boundaries of the applicable covered segment; or
(B)
affect any rights, obligations, privileges, or benefits granted under any permit or approval with respect to such mining activities or mineral processing facilities.
(3)
Condemnation
No land or interest in land shall be acquired under this section or an amendment made by this section without the consent of the owner.
(4)
Relationship to other law
Nothing in this section amends or otherwise affects the Arizona Water Settlements Act ( Public Law 108–451 ; 118 Stat. 3478).
(5)
Native fish habitat restoration
(A)
Existing projects
Nothing in this section or an amendment made by this section affects the authority of the Secretary concerned or the State to operate, maintain, replace, or improve a native fish habitat restoration project (including fish barriers) in existence as of the date of enactment of this Act within a covered segment.
(B)
New projects
Notwithstanding section 7 of the Wild and Scenic Rivers Act ( 16 U.S.C. 1278 ), the Secretary concerned may authorize the construction of a native fish habitat restoration project (including any necessary fish barriers) within a covered segment if the project—
(i)
would enhance the recovery of a species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), a sensitive species, or a species of greatest conservation need, including the Gila Trout (Oncorhynchus gilae); and
(ii)
would not unreasonably diminish the free-flowing nature or outstandingly remarkable values of the covered segment.
(C)
Projects within wilderness areas
A native fish habitat restoration project (including fish barriers) located within an area designated as a component of the National Wilderness Preservation System shall be constructed consistent with—
(i)
the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and
(ii)
the applicable wilderness management plan.
(6)
State land jurisdiction
Nothing in this section or an amendment made by this section affects the jurisdiction of land under the jurisdiction of the State, including land under the jurisdiction of the New Mexico State Land Office and the New Mexico Department of Game and Fish.
(7)
Fish and wildlife
Nothing in this section or an amendment made by this section affects the jurisdiction of the State with respect to fish and wildlife in the State.
(8)
Treaty rights
Nothing in this section or an amendment made by this section alters, modifies, diminishes, or extinguishes the reserved treaty rights of any Indian Tribe with respect to hunting, fishing, gathering, and cultural or religious rights in the vicinity of a covered segment as protected by a treaty.
3.
Modification of boundaries of Gila Cliff Dwellings National Monument and Gila National Forest
(a)
Transfer of administrative jurisdiction
(1)
In general
Administrative jurisdiction over the land described in paragraph (2) is transferred from the Secretary of Agriculture to the Secretary of the Interior.
(2)
Description of land
The land referred to in paragraph (1) is the approximately 440 acres of land identified as  Transfer from USDA Forest Service to National Park Service  on the map entitled  Gila Cliff Dwellings National Monument Proposed Boundary Adjustment  and dated March 2020.
(b)
Boundary modifications
(1)
Gila Cliff Dwellings National Monument
(A)
In general
The boundary of the Gila Cliff Dwellings National Monument is revised to incorporate the land transferred to the Secretary of the Interior under subsection (a)(1).
(B)
Map
(i)
In general
The Secretary of the Interior shall prepare and keep on file for public inspection in the appropriate office of the National Park Service a map and a legal description of the revised boundary of the Gila Cliff Dwellings National Monument.
(ii)
Effect
The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of the Interior may correct minor errors in the map and legal description.
(2)
Gila National Forest
(A)
In general
The boundary of the Gila National Forest is modified to exclude the land transferred to the Secretary of the Interior under subsection (a)(1).
(B)
Map
(i)
In general
The Secretary of Agriculture shall prepare and keep on file for public inspection in the appropriate office of the Forest Service a map and a legal description of the revised boundary of the Gila National Forest.
(ii)
Effect
The map and legal description under clause (i) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct minor errors in the map and legal description.