Page:United States Statutes at Large Volume 108 Part 4.djvu/436

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


108 STAT. 3070 PUBLIC LAW 103-337—OCT. 5, 1994 (c) meet any applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) ENVIRONMENTAL LAWS.— The Secretary of the Air Force shall use and manage the lands transferred under the authority in subsection (a) in such manner as to ensure compliance with applicable environmental laws (including regulations) of the Federal Government and State of New Mexico, and political subdivisions thereof. (3) RESPONSIBILITY FOR CLEANUP OF HAZARDOUS SUB- STANCES.— Upon the transfer of the lands under subsection (a), the Secretary of the Air Force shall assume any existing or subsequent responsibility for the cost of response for release of hazardous substances (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14))) located on or within the lands transferred. (4) MINING. —The transfer of lands under subsection (a) shall be made in such manner as to ensure the continuation of valid, existing rights under the mining laws and the mineral leasing and geothermal leasing laws of the United States. Subject to the preceding sentence, upon the transfer of the lands, mining and mineral management activities shall be carried out in the lands in a manner consistent with the policies of the Department of Defense concerning mineral exploration and extraction on lands under the jurisdiction of the Department. (f) RIGHTS-OF-WAY.— The transfer of lands under subsection (a) shall not affect the following rights-of-way: (1) The right-of-way granted to the Otero County Electric Cooperative, numbered NMNM 58293. (2) The right-of-way granted to U.S. West Corporation, numbered NMNM 59261. (3) The right-of-way granted to the Highway Department of the State of New Mexico, numbered LCO 54403. (g) PUBLIC ACCESS.— (1) IN GENERAL.— Except as provided in paragraph (2), the Secretary of the Air Force shall permit public access to the lands transferred under subsection (a). (2) CONSTRUCTION SITE.—The Secretary of the Air Force may not permit public access to the immediate area affected by the construction of a wastewater treatment facility in the area with the legal description of T17S, R8E, Section 22, except that the Secretary of the Air Force shall permit public access on an adjoining unfenced parcel of land— (A) located along the west boundary of such area; and (B) that is 50 feet in width. (3) PUBLIC USES.— Except as provided in paragraph (2), the Secretary of the Air Force shall permit, on the lands transferred under subsection (a), public uses that are consistent with the public uses on adjacent lands under the jurisdiction of the Secretary of the Interior. (4) PERMIT NOT REQUIRED.— The Secretary of the Air Force may not require a permit for access authorized under this subsection to the lands transferred under subsection (a). (5) ENTRY GATE.— The Secretary of the Air Force shall ensure that the entry gate to the lands transferred under