S. 4458 — Caja del Rio Protection Act

This section establishes the Caja del Rio Special Management Area in New Mexico, consisting of approximately 67,163 acres of Federal land in the Santa Fe National Forest as generally depicted on the referenced map. The Special Management Area is designated to conserve and permanently protect its cultural, spiritual, religious, scenic viewshed, ecological, wildlife habitat, natural, geological, historical, and traditional values and to enhance opportunities for interested Indian Tribes to engage in its preservation and management.

This section directs the Secretary to manage the Special Management Area subject to valid existing rights, in accordance with this Act, the Forest and Rangeland Renewable Resources Planning Act of 1974, and other applicable laws, and in a manner that conserves, protects, and enhances its resources. The section limits uses of the area to those consistent with opportunities for cultural, spiritual, religious, medicinal, and traditional historic practices and the purposes described in section 101(b). This section requires the Secretary to develop a comprehensive management plan not later than 3 years after enactment, prepared in coordination with the Secretary of the Interior, the National Park Service, the Bureau of Land Management, the State, and applicable local governments and land grant-mercedes, and in consultation with Indian Tribes; the plan must include a travel management component to reduce unauthorized road access and motorized use, with only roads shown on the Map designated and maintained except for additional roads determined necessary to achieve section 101(b) purposes or not more than 1 mile from the Buckman historic settlement area for critical water infrastructure or recreation access. The section further directs incorporation of existing stewardship agreements to the maximum extent practicable, designation of interested Indian Tribes as cooperating agencies upon request, and incorporation of Indigenous knowledge upon request, and requires the Secretary to file maps and legal descriptions of the area with the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources as soon as practicable after enactment, with such maps and descriptions having the force of law subject to error corrections and available for public inspection in Forest Service offices.

This section establishes the Caja del Rio National Conservation Area consisting of approximately 17,837 acres of Bureau of Land Management land in the State as generally depicted on the Map. The purposes of the Conservation Area are to conserve and permanently protect its cultural, spiritual, religious, scenic viewshed, ecological, wildlife habitat, natural, geological, historical, and traditional values and to enhance opportunities for interested Indian Tribes to engage in its preservation and management.

This section directs the Secretary to manage the Conservation Area subject to valid existing rights, in accordance with this Act, the Federal Land Policy and Management Act of 1976, and other applicable laws, in a manner that conserves, protects, and enhances its resources and as a component of the National Landscape Conservation System. This section permits only uses consistent with opportunities for cultural, spiritual, medicinal, religious, or traditional historic practices and the purposes described in section 201(b). This section requires the Secretary to develop a comprehensive management plan for the long-term management of the Conservation Area and withdrawal area within 3 years after the date of enactment, prepared in coordination with the Secretary of Agriculture, the Director of the National Park Service, the Chief of the Forest Service, the State, and applicable local governments (including land grant-mercedes and traditional historic communities) and in consultation with interested Indian Tribes, while incorporating existing stewardship agreements to the maximum extent practicable and allowing interested Indian Tribes to participate as cooperating agencies and to incorporate Indigenous knowledge upon request. This section also requires the Secretary to prepare a travel management plan within 1 year after the date of enactment to decrease unauthorized road access and motorized use, designating motorized vehicle use only on the road identified as CR 55C or “Old Route 66” and on any other roads determined necessary to achieve the purposes in section 201(b) or to provide access to private property or critical infrastructure. This section further requires the Secretary to file maps and legal descriptions of the Conservation Area with the Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources as soon as practicable after enactment, which shall have the force and effect of law (subject to correction of errors) and be available for public inspection in Bureau of Land Management offices.

This section directs the Secretary of the Interior to attempt to enter into an agreement with the Commissioner of Public Lands of New Mexico, within 18 months after the date of enactment of this Act, to exchange Bureau of Land Management land in the State for State trust land located within the boundary of the Conservation Area described in section 201(a)(2) or the withdrawal area described in section 401. The exchange must be conducted under section 206 of the Federal Land Policy and Management Act of 1976, subject to valid existing rights and mutual agreement by the parties, with values equalized through cash payments or acreage adjustments following appraisals that meet the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. Any cash equalization payments received by the Secretary must be deposited in the Federal Land Disposal Account and used in accordance with the Federal Land Transaction Facilitation Act.

This section establishes management requirements for covered areas. It prohibits new permanent road construction unless designated under specified authorities and bars temporary road construction except for administrative, health and safety, fire or pest control, cultural, or private property access purposes, while directing the Secretary to decommission undesignated roads within 3 years of enactment. Motorized vehicle use is limited to roads designated on the Map or in applicable travel management plans, with exceptions for administrative needs, emergencies, Tribal religious or cultural practices, and grazing. The section withdraws federal land within covered areas from public land entry, mining location and patent, and mineral and geothermal leasing laws, subject to valid existing rights, and applies the same withdrawal to subsequently acquired land. It authorizes continued livestock grazing established before enactment, subject to reasonable regulations consistent with area purposes; permits measures to control wildfire, insects, and disease; and allows ecological restoration to protect or enhance the areas, control fire and pests, or support watershed and habitat resilience. The Secretary may acquire land or interests within or contiguous to covered areas by donation, purchase from a willing seller, or exchange, incorporating such land into the Special Management Area or Conservation Area, and may acquire land in the withdrawal area. The section requires adequate law enforcement presence, preserves Tribal civil and criminal jurisdiction, and authorizes consideration of increased penalties for unauthorized activities in management plans, while directing the Secretary to provide visitors notice of designated routes and prohibited uses through signage and informational materials.

This section authorizes the Secretary to contract with one or more Indian Tribes or Tribal organizations to perform administrative or management functions in a covered area under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a), section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c), or other applicable authority, and to provide technical and financial assistance to improve Tribal capacity to carry out such agreements. This section also requires the Secretary to ensure Tribal access to covered areas for traditional cultural and religious purposes and permits temporary closures of the smallest practicable area for the minimum time necessary to protect privacy during such activities. This section preserves all rights secured by treaty, statute, Executive order, or other Federal law, including off-reservation reserved rights, and states that the Act does not affect Indian land or legitimate land claims secured by treaty or Act of Congress. This section directs the Secretary to allow enrolled members of culturally affiliated Indian Tribes to collect plants, plant parts or products, and mineral resources within covered areas or Bandelier National Monument for noncommercial traditional and cultural uses, exempts such collection from existing National Park Service, Forest Service, and Bureau of Land Management quantity limitations in effect on the date of enactment, and authorizes the Secretary to impose new quantity limits only when necessary to protect resources and values.

This section preserves treaty rights of Indian Tribes and land grant-mercedes. It specifies that the Act does not constitute a reservation of water rights by the United States, modify existing water rights (including those held by the United States), affect interstate water compacts, or impose mandatory streamflow requirements or federal water quality standards on covered land; the Secretary must follow applicable state law to obtain any new water rights. This section protects valid existing rights-of-way of Santa Fe County, the city of Santa Fe, and the Buckman Direct Diversion Board to repair, operate, maintain, replace, or expand drinking water infrastructure and authorizes the Secretary to grant new permits or rights-of-way for such infrastructure no more than 1 mile from the historic Buckman settlement area, provided all activities remain consistent with the Act’s purposes. It maintains state jurisdiction over fish and wildlife on public land but permits the Secretary, after consultation with the New Mexico Department of Game and Fish, to designate zones and periods where hunting is prohibited within covered areas for public safety, administration, or public use. This section also prohibits public disclosure of Indigenous knowledge not previously released or information on sacred sites that could risk cultural harm, invade privacy, or impede traditional use, and exempts such information from disclosure under the Freedom of Information Act.

This section withdraws the Federal land and any interest in the Federal land depicted as the “Caja del Rio Withdrawal Area” on the Map from all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing, mineral materials, and geothermal leasing laws, subject to valid existing rights.