[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4458 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4458
To establish the Caja del Rio Special Management Area and Caja del Rio
National Conservation Area in the State of New Mexico, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2026
Mr. Heinrich (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To establish the Caja del Rio Special Management Area and Caja del Rio
National Conservation Area in the State of New Mexico, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Caja del Rio
Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CAJA DEL RIO SPECIAL MANAGEMENT AREA
Sec. 101. Establishment of the Caja del Rio Special Management Area.
Sec. 102. Management of the Special Management Area.
TITLE II--CAJA DEL RIO NATIONAL CONSERVATION AREA
Sec. 201. Establishment of the Caja del Rio National Conservation Area.
Sec. 202. Management of the Conservation Area.
Sec. 203. Land exchanges.
TITLE III--GENERAL PROVISIONS
Sec. 301. Management of Covered Areas.
Sec. 302. Tribal contracting and protected rights.
Sec. 303. Effect.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Caja del Rio National Conservation Area established
by section 201(a)(1).
(2) Covered area.--The term ``covered area'' means each
of--
(A) the Conservation Area; and
(B) the Special Management Area.
(3) Decommission.--The term ``decommission,'' with respect
to a road, means--
(A) reestablishing native vegetation on the road;
(B) effectively blocking the road to vehicular
traffic, where feasible; and
(C) developing and implementing an effective
monitoring and response plan for invasive species and
vehicular traffic incursions.
(4) Ecological restoration.--The term ``ecological
restoration'' has the meaning given the term ``restoration'' in
section 4 of the Southwest Forest Health and Wildfire
Prevention Act of 2004 (16 U.S.C. 6703).
(5) Indian land.--The term ``Indian land'' has the meaning
given the term ``Indian lands'' in section 4 of the Indian
Gaming Regulatory Act (25 U.S.C. 2703).
(6) Indian tribe.--The tern ``Indian Tribe'' means the
governing body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified (including
parenthetically) in the list published most recently as of the
date of enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(7) Indigenous knowledge.--The term ``Indigenous
knowledge'' has the meaning given the term in section 219.19 of
title 36, Code of Federal Regulations (or a successor
regulation).
(8) Interested indian tribe.--The term ``interested Indian
Tribe'', with respect to the covered area, means an Indian
Tribe with--
(A) historic, precontact, cultural, or religious
connections to the public land within the covered area;
(B) a former reservation located within the covered
area; or
(C) treaty rights or other reserved rights
associated with the covered area.
(9) Land grant-merced.--The term ``land grant-merced''
means a community land grant issued under the laws or customs
of the Government of Spain or Mexico that--
(A) is recognized under New Mexico Statutes Chapter
49, Articles 1 and 4 (or a successor statute);
(B) has a record of traditional historic use in the
covered area; or
(C) has a patented exterior boundary that is or was
previously located on or adjacent to the covered area.
(10) Map.--The term ``Map'' means the map entitled ``The
Caja del Rio Special Management Area and National Conservation
Area'' and dated April 20, 2026.
(11) Secretary.--The term ``Secretary'' means--
(A) in title I, the Secretary of Agriculture;
(B) in title II, the Secretary of the Interior; and
(C) in this section and title III--
(i) the Secretary of the Interior, with
respect to land under the jurisdiction of the
Secretary of the Interior; and
(ii) the Secretary of Agriculture, with
respect to land under the jurisdiction of the
Secretary of Agriculture.
(12) Special management area.--The term ``Special
Management Area'' means the Caja del Rio Special Management
Area established by section 101(a)(1).
(13) State.--The term ``State'' means the State of New
Mexico.
(14) Traditional historic community.--The term
``traditional historic community'' means a historic community
that--
(A) meets the definition of that term in New Mexico
Statutes Section 3-7-1.1 (or a successor statute); and
(B) has a record of traditional historic use in the
covered area.
(15) Traditional historic use.--The term ``traditional
historic use'' means a habitual use conducted by a land grant-
merced or traditional historic community within the covered
area for noncommercial or personal benefit, including--
(A) hunting, fishing, grazing, wood gathering,
pinon harvesting, or herb and plant gathering; or
(B) any long-established and habitual and
sustainable use by the land grant-merced or traditional
historic community, as determined by the Secretary, in
coordination with the land grant-merced or traditional
historic community, that is agreed to in writing by the
Secretary and the land grant-merced or traditional
historic community.
(16) Tribal organization.--The term ``Tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304), except that such organization shall be affiliated with
an interested Indian Tribe.
(17) Withdrawal area.--The term ``withdrawal area'' means
the area withdrawn by section 401.
TITLE I--CAJA DEL RIO SPECIAL MANAGEMENT AREA
SEC. 101. ESTABLISHMENT OF THE CAJA DEL RIO SPECIAL MANAGEMENT AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Caja del Rio Special Management Area in the
State.
(2) Land included.--The Special Management Area shall
consist of approximately 67,163 acres of Federal land in the
Santa Fe National Forest in the State as generally depicted as
``Caja del Rio Special Management Area'' on the Map.
(b) Purposes.--The purposes of the Special Management Area are--
(1) to conserve and permanently protect the cultural,
spiritual, religious, scenic viewshed, ecological, wildlife
habitat, natural, geological, historical, and traditional
values of the Special Management Area; and
(2) to enhance opportunities for interested Indian Tribes
to engage in the preservation and management of the Special
Management Area.
SEC. 102. MANAGEMENT OF THE SPECIAL MANAGEMENT AREA.
(a) In General.--The Secretary shall manage the Special Management
Area--
(1) subject to valid existing rights;
(2) in accordance with--
(A) this Act;
(B) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.); and
(C) any other applicable laws; and
(3) in a manner that conserves, protects, and enhances the
resources of the Special Management Area.
(b) Uses.--The Secretary shall allow only uses of the Special
Management Area that are consistent with--
(1) opportunities for cultural, spiritual, religious,
medicinal, and traditional historic practices within the
Special Management Area; and
(2) the purposes described in section 101(b).
(c) Management Plan.--
(1) Plan required.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the Special Management Area.
(2) Coordination and consultation.--The Secretary shall
prepare and revise the management plan required under paragraph
(1)--
(A) in coordination with--
(i) the Secretary of the Interior, with
respect to the development of a management plan
for the Conservation Area and the withdrawal
area, as described in section 202(c);
(ii) the Director of the National Park
Service and the Director of the Bureau of Land
Management, with respect to the administration,
protection, and interpretation of the El Camino
Real de Tierra Adentro National Historic Trail;
(iii) the State; and
(iv) applicable units of local government,
including any applicable land grant-mercedes or
traditional historic communities; and
(B) in consultation with interested Indian Tribes.
(3) Travel management.--
(A) In general.--The Secretary shall include in the
management plan required under paragraph (1) a travel
management plan to decrease unauthorized road access
and motorized use in the Special Management Area.
(B) Designation and maintenance of roads.--
(i) In general.--Except as provided in
clause (ii), only roads depicted on the Map
shall be designated and maintained by the
Secretary in the Special Management Area.
(ii) Additional roads.--The Secretary may
designate roads in the Special Management Area
in addition to the roads referred to in clause
(i) if the Secretary determines the additional
roads are necessary--
(I) to achieve the purposes
described in section 101(b); or
(II) not more than 1 mile from the
historic settlement area commonly known
as ``Buckman'', to accommodate critical
water infrastructure or recreation
access.
(4) Existing agreements.--To the maximum extent
practicable, the Secretary shall incorporate into the
management plan required under paragraph (1) stewardship
agreements or contracts relating to the Federal land described
in section 101(a)(2) that exist on the date of enactment of
this Act.
(5) Cooperating agency.--At the request of an interested
Indian Tribe, the Secretary shall include the interested Indian
Tribe as a cooperating agency in the development and revision
of the management plan required under paragraph (1).
(6) Indigenous knowledge.--At the request of an interested
Indian Tribe, the Secretary shall ensure that Indigenous
knowledge is incorporated into the development and revision of
the management plan required under paragraph (1).
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Special Management Area with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
TITLE II--CAJA DEL RIO NATIONAL CONSERVATION AREA
SEC. 201. ESTABLISHMENT OF THE CAJA DEL RIO NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--Subject to valid existing rights, there is
established the Caja del Rio National Conservation Area in the
State.
(2) Land included.--The Conservation Area shall consist of
approximately 17,837 acres of Bureau of Land Management land in
the State as generally depicted as ``Caja del Rio-National
Conservation Area'' on the Map.
(b) Purposes.--The purposes of the Conservation Area are--
(1) to conserve and permanently protect the cultural,
spiritual, religious, scenic viewshed, ecological, wildlife
habitat, natural, geological, historical, and traditional
values of the Conservation Area; and
(2) to enhance opportunities for interested Indian Tribes
to engage in the preservation and management of the
Conservation Area.
SEC. 202. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary shall manage the Conservation Area--
(1) subject to valid and existing rights;
(2) in accordance with--
(A) this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) any other applicable laws;
(3) in a manner that conserves, protects, and enhances the
resources of the Conservation Area; and
(4) as a component of the National Landscape Conservation
System.
(b) Uses.--The Secretary shall allow only uses of the Conservation
Area that are consistent with--
(1) opportunities to undertake cultural, spiritual,
medicinal, religious, or traditional historic use practices in
the Conservation Area; and
(2) the purposes described in section 201(b).
(c) Management Plan.--
(1) Plan required.--Not later than 3 years after the date
of enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the Conservation Area and the withdrawal area.
(2) Coordination and consultation.--The Secretary shall
prepare and revise the management plan required under paragraph
(1)--
(A) in coordination with--
(i) the Secretary of Agriculture, with
respect to the development of a management plan
for the Special Management Area, as described
in section 102(c);
(ii) the Director of the National Park
Service and the Chief of the Forest Service,
with respect to the administration, protection,
and interpretation of the El Camino Real de
Tierra Adentro National Historic Trail;
(iii) the State; and
(iv) applicable units of local government,
including any applicable land grant-mercedes or
traditional historic communities; and
(B) in consultation with interested Indian Tribes.
(3) Existing agreements.--To the maximum extent
practicable, the Secretary shall incorporate into the
management plan required under paragraph (1) stewardship
agreements or contracts relating to the Federal land described
in section 201(a)(2) that exist on the date of enactment of
this Act.
(4) Cooperating agency.--At the request of an interested
Indian Tribe, the Secretary shall include the interested Indian
Tribe as a cooperating agency in the development and revision
of the management plan required under paragraph (1).
(5) Indigenous knowledge.--At the request of an interested
Indian Tribe, the Secretary shall ensure that Indigenous
knowledge is incorporated into the development and revision of
the management plan required under paragraph (1).
(d) Travel Management.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare a travel
management plan to decrease unauthorized road access and
motorized use in the Conservation Area and the withdrawal area.
(2) Requirement.--In preparing the travel management plan
under paragraph (1), the Secretary shall designate the use of
motorized vehicles only on--
(A) the road within the Conservation Area
identified as CR 55C or ``Old Route 66''; and
(B) any roads in the Conservation Area and the
withdrawal area that the Secretary determines to be
necessary--
(i) to achieve the purposes described in
section 201(b); and
(ii) to allow for access to private
property or critical infrastructure.
(e) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date o