S.Amdt. 410

SA 410. Mr. UDALL submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle H of title X, add the following:

SEC. 10____. CHACO CULTURAL HERITAGE AREA PROTECTION.

(a) Definitions.--In this section:
(1) Covered lease.--The term ``covered lease'' means any
oil and gas lease for Federal land--
(A) on which drilling operations have not been commenced
before the end of the primary term of the applicable lease;
(B) that is not producing oil or gas in paying quantities;
and
(C) that is not subject to a valid cooperative or unit plan
of development or operation certified by the Secretary to be
necessary.
(2) Federal land.--
(A) In general.--The term ``Federal land'' means--
(i) any Federal land or interest in Federal land that is
within the boundaries of the Chaco Cultural Heritage
Withdrawal Area, as depicted on the Map; and
(ii) any land or interest in land located within the
boundaries of the Chaco Cultural Heritage Withdrawal Area, as
depicted on the Map, that is acquired by the Federal
Government after the date of enactment of this Act.
(B) Exclusion.--The term ``Federal land'' does not include
trust land (as defined in section 3765 of title 38, United
States Code).
(3) Map.--The term ``Map'' means the map prepared by the
Bureau of Land Management entitled ``Chaco Cultural Heritage
Withdrawal Area'' and dated April 2, 2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Withdrawal of Certain Federal Land in the State of New
Mexico.--
(1) In general.--Subject to any valid existing rights, the
Federal land is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(2) Availability of map.--The Map shall be made available
for inspection at each appropriate office of the Bureau of
Land Management.
(3) Conveyance of federal land to indian tribes.--
Notwithstanding paragraph (1), the Secretary may convey the
Federal land to, or exchange the Federal land with, an Indian
Tribe in accordance with a resource management plan that is
approved as of the date of enactment of this Act, as
subsequently developed, amended, or revised in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and any other applicable law.
(c) Oil and Gas Lease Management.--
(1) Termination of non-producing leases.--A covered lease--
(A) shall automatically terminate by operation of law
pursuant to section 17(e) of the Mineral Leasing Act (30
U.S.C. 226(e)) and subpart 3108 of title 43, Code of Federal
Regulations (or successor regulations); and
(B) may not be extended by the Secretary.
(2) Withdrawal of terminated, relinquished, or acquired
leases.--Any portion of the Federal land subject to a covered
lease terminated under paragraph (1) or otherwise or
relinquished or acquired by the United States on or after the
date of enactment of this Act is withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent undermining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(d) Effect.--Nothing in this section--
(1) affects the mineral rights of an Indian Tribe or member
of an Indian Tribe to trust land or allotment land; or
(2) precludes improvements to, or rights-of-way for water,
power, or road development on, the Federal land to assist
communities adjacent to or in the vicinity of the Federal
land.
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