What This Bill Does
This bill withdraws approximately 4,288 acres of federal land near Placitas, New Mexico from mineral development. The law prevents mining and mineral leasing activities on these specific parcels while allowing the federal government to still transfer the surface land to others under certain conditions.
Who It Affects
The Secretary of the Interior, the Bureau of Land Management, people or companies seeking to mine or lease minerals on the specified federal land, and potential recipients of the surface land if the federal government chooses to convey it.
Key Provisions
* The approximately 4,288 acres of land near Placitas, New Mexico (shown as Tracts A, B, C, and D on a map dated November 13, 2019) cannot be used for mining claims, mineral leases, or geothermal leases. (Sec. 2(a))
* The Secretary of the Interior can still transfer the surface land of these parcels to others following two specific federal laws: the Federal Land Policy and Management Act of 1976 or the Recreation and Public Purposes Act. (Sec. 2(c)(1))
* If the federal government transfers the surface land to someone else, it must keep ownership of the mineral rights underneath. (Sec. 2(c)(2))
What Changes
The 4,288 acres become permanently unavailable for mining operations, mineral leasing, and geothermal leasing. The federal government retains the mineral rights even if it transfers the surface land to other parties.
Important Definitions
None defined in the bill text.
II
Calendar No. 137
118TH CONGRESS
1ST SESSION
S. 534
[Report No. 118–63]
To withdraw certain Bureau of Land Management land from mineral
development.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 27, 2023
Mr. HEINRICH (for himself and Mr. LUJA´N) introduced the following bill;
which was read twice and referred to the Committee on Energy and Nat-
ural Resources
JULY 19, 2023
Reported by Mr. MANCHIN, without amendment
A BILL
To withdraw certain Bureau of Land Management land from
mineral development.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Buffalo Tract Protec-
4
tion Act’’.
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•S 534 RS
SEC. 2. WITHDRAWAL.
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(a) IN GENERAL.—Subject to valid existing rights,
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the Federal land described in subsection (b) is withdrawn
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from all forms of—
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(1) location, entry, and patent under the mining
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laws; and
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(2) disposition under the mineral leasing, min-
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eral materials, and geothermal leasing laws.
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(b) DESCRIPTION.—The Federal land referred to in
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subsections (a) and (c) is the approximately 4,288 acres
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of land administered by the Director of the Bureau of
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Land Management and generally depicted as ‘‘Tract A’’,
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‘‘Tract B’’, ‘‘Tract C’’, and ‘‘Tract D’’ on the map entitled
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‘‘Placitas, New Mexico Area Map’’ and dated November
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13, 2019.
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(c) SURFACE ESTATE.—
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(1) IN GENERAL.—Subject to the reservation of
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the mineral estate under paragraph (2), nothing in
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this Act prohibits the Secretary of the Interior from
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conveying the surface estate of the Federal land de-
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scribed in subsection (b) in accordance with—
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(A) the Federal Land Policy and Manage-
22
ment Act of 1976 (43 U.S.C. 1701 et seq.); or
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(B) the Act of June 14, 1926 (commonly
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known as the ‘‘Recreation and Public Purposes
25
Act’’) (43 U.S.C. 869 et seq.).
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•S 534 RS
(2) MINERAL ESTATE.—Any conveyance of the
1
surface estate of the Federal land described in sub-
2
section (b) shall require a reservation of the mineral
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estate to the United States.
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Calendar No. 137
118TH CONGRESS
1ST SESSION
S. 534
[Report No. 118–63]
A BILL
To withdraw certain Bureau of Land Management
land from mineral development.
JULY 19, 2023
Reported without amendment
VerDate Sep 11 2014
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