[Senate Report 113-54]
[From the U.S. Government Publishing Office]
Calendar No. 108
113th Congress Report
SENATE
1st Session 113-54
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RIO GRANDE DEL NORTE NATIONAL CONSERVATION AREA ESTABLISHMENT
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 241]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 241) to establish the Rio Grande del
Norte National Conservation Area in the State of New Mexico,
and for other purposes, having considered the same, reports
favorably thereon with an amendment and an amendment to the
title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. Strike out all after the enacting clause and insert in
lieu thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cerros del Norte Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Monument Proposed Wilderness Areas''
and dated May 2, 2013.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 3(a).
SEC. 3. DESIGNATION OF RIO GRANDE DEL NORTE WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Rio Grande del Norte National
Monument are designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered by
the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered by
the Bureau of Land Management in Rio Arriba County, New Mexico,
comprising approximately 8,000 acres, as generally depicted on
the map, which shall be known as the ``Rio San Antonio
Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas shall be administered in accordance with
the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that
with respect to the wilderness areas designated by this Act--
(1) any reference to the effective date of the Wilderness Act
shall be considered to be a reference to the date of enactment
of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas, where
established before the date of enactment of this Act, shall be
administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the wilderness areas.
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside a wilderness area can be seen
or heard within the wilderness area shall not preclude the
activity or use outside the boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
(g) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the wilderness areas 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 map 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 legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(h) National Landscape Conservation System.--The wilderness areas
shall be administered as components of the National Landscape
Conservation System.
(i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction
of the State of New Mexico with respect to fish and wildlife located on
public land in the State.
(j) Withdrawals.--Subject to valid existing rights, any Federal land
within the wilderness areas designated by subsection (a), including any
land or interest in land that is acquired by the United States after
the date of enactment of this Act, is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
(k) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights.
2. Amend the tile so as to read: ``A bill to establish
certain wilderness areas in the Rio Grande del Norte National
Monument, New Mexico, and for other purposes.''.
PURPOSE
The purpose of S. 241, as ordered reported, is to designate
the 13,420-acre Cerro del Yuta Wilderness and 8,000-acre Rio
San Antonio Wilderness within the Rio Grande del Norte National
Monument in New Mexico.
BACKGROUND AND NEED
On March 25, 2013, President Obama established the Rio
Grande del Norte National Monument by Presidential
proclamation. The Rio Grande del Norte National Monument
encompasses approximately 242,555 acres and lies north of Taos
on the border with Colorado and straddles Taos and Rio Arriba
Counties. The area includes the Cerro de la Olla, Cerro San
Antonio, and Cerro del Yuta volcanic cones. Between these
mountains is the Rio Grande Wild & Scenic River gorge.
As introduced, S. 241 would have designated a national
conservation area including approximately the same lands
covered by the national monument designation. The legislation
also designated two wilderness areas within the proposed
national conservation area, the 13,420-acre Cerro del Yuta
Wilderness and the 8,000-acre Rio San Antonio Wilderness. These
areas are largely untouched by humans, have outstanding
opportunities for solitude and contain important geological,
biological, and scientific features--criteria outlined in the
Wilderness Act of 1964--and are currently administered as a
Wilderness Study Areas.
Since wilderness areas may only be designated by an Act of
Congress, legislation is necessary to designate Rio San Antonio
Wilderness and Cerro del Yuta Wilderness within the Rio Grande
del Norte National Monument.
LEGISLATIVE HISTORY
S. 241 was introduced by Senators Udall of New Mexico and
Heinrich on February 7, 2013. The Subcommittee on Public Lands,
Forests, and Mining held a hearing on the bill on April 25,
2013. At its business meeting on May 16, 2013, the Committee
ordered S. 241 favorably reported with an amendment in the
nature of a substitute.
In the 112th Congress, the Committee held a hearing on S.
667 on March 29, 2011 (S. Hrg. 112-39). At its business meeting
on November 10, 2011, the Committee on Energy and Natural
Resources ordered S. 667 favorably reported (S. Rept. 112-113).
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by majority vote of a
quorum present, recommends that the Senate pass S. 241, if
amended as described herein.
The rollcall vote on reporting the measure was 15 yeas, 7
nays as follows:
------------------------------------------------------------------------
Yeas Nays
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Mr. Wyden Ms. Murkowski
Mr. Johnson Mr. Barrasso
Ms. Landrieu Mr. Risch
Ms. Cantwell Mr. Lee*
Mr. Sanders* Mr. Flake
Ms. Stabenow Mr. Scott
Mr. Udall* Mr. Hoeven
Mr. Franken
Mr. Manchin
Mr. Coons*
Mr. Schatz
Mr. Heinrich
Mr. Heller*
Mr. Alexander
Mr. Portman*
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*Indicates vote by proxy.
COMMITTEE AMENDMENTS
During its consideration of S. 241, the Committee adopted
an amendment in the nature of a substitute. As originally
introduced, S. 241 would have established the Rio Grande del
Norte National Conservation Area and would have designated
wilderness areas within the conservation area. The Rio Grande
del Norte National Monument was established by Presidential
Proclamation 8946 on March 25, 2013 (78 FR 18783). With the
establishment of the Rio Grande del Norte National Monument,
the provision in S. 241 establishing the conservation area was
no longer necessary. However, the substitute amendment retained
the designation of the two wilderness areas with the monument,
and made other technical and conforming change. The substitute
amendment is described in detail in the section-by-section
analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Cerros del Norte
Conservation Act.''
Section 2 defines key terms used in the bill.
Section 3(a)(1) designates 13,420 acres of land managed by
the Bureau of Land Management in Taos County, New Mexico, as
the Cerro del Yuta wilderness and as a component of National
Wilderness Preservation System.
Paragraph (2) designates 8,000 acres of land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, as the Rio San Antonio wilderness and as component of
the National Wilderness Preservation System.
Subsection (b) requires that the wilderness area be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that any reference to the effective date
of the Wilderness Act shall be considered to be a reference to
the date of enactment of this act and any reference to the
Secretary of Agriculture shall be a reference to the Secretary
of Interior (Secretary).
Subsection (c) requires that any land or interest in land
acquired by the United States that is within the boundary of
the wilderness area become part of the wilderness area and be
managed in accordance with all applicable laws.
Subsection (d) authorizes grazing within the wilderness
area where established prior to the enactment of this Act, in
accordance with section 4(d)(4) of the Wilderness Act and the
guidelines set forth in appendix A of the Report of the
Committee on Insular Affairs to accompany H.R. 2570 of the
101st Congress (H. Rept. 101-405).
Subsection (e) clarifies that the Act does not create any
buffer zones around the wilderness areas and that activities
outside the wilderness boundaries shall not be precluded by the
fact they can be seen or heard within the boundary.
Subsection (f) releases those public lands within the San
Antonio Wilderness study area not designated as wilderness by
this Act from the wilderness study provisions of Section 603(c)
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)).
Subsection (g) requires that the Secretary file a map and
legal descriptions of the wilderness areas with the Committee
on Energy and Natural Resources of the Senate and the Committee
on Natural Resources of the House of Representatives and that
the map and legal descriptions be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
Subsection (h) directs the Secretary to manage the
wilderness areas as components of the National Landscape
Conservation System.
Subsection (j) removes any land within the areas designated
by this Act, except where subject to valid existing rights,
from entry, appropriation, or disposal under the public lands
laws, location, entry, and patent under the mining laws, and
operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
Subsection (k) states that nothing in this Act enlarges,
diminishes, or otherwise modifies any treaty rights.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 241--Cerros del Norte Conservation Act
S. 241 would designate two parcels of land within the Rio
Grande del Norte National Monument as wilderness areas. Based
on information provided by the Bureau of Land Management (BLM),
CBO estimates that implementing the legislation would have no
significant impact on the federal budget. Enacting S. 241 would
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
Under S. 241, about 21,000 acres of federal land would be
designated as part of the National Wilderness Preservation
System. BLM, which manages the affected acreage, would be
required to create new maps for the area. In addition, under
the bill, the affected lands would not be available for
developing natural resources but would still be available for
grazing under existing agreements.
Because the affected lands are already protected for
conservation and wilderness values, CBO estimates that
implementing the bill would have no significant effect on the
cost of administering the area. We also expect that any costs
to modify existing maps and other materials would be minimal.
Finally, because the affected lands currently produce no income
(and are not expected to do so in the future), we estimate that
enacting the bill would not affect offsetting receipts.
S. 241 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 241.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 241, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 241, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the April 25, 2013, Subcommittee on Public Lands and Forests
hearing on S. 241 follows:
statement of jamie connell, acting deputy director, bureau of land
management, department of the interior
Thank you for the opportunity to testify on S. 241, the Rio
Grande del Norte National Conservation Area Establishment Act.
On March 25, 2013, President Obama designated the Rio Grande
del Norte National Monument on 242,000 acres of land
administered by the Bureau of Land Management (BLM) in northern
New Mexico. This designation closely mirrors the National
Conservation Area (NCA) designation in S. 241. However, section
4 of S. 241 also includes the designation of two wilderness
areas within the new Rio Grande del Norte National Monument--
the proposed 13,320-acre Cerro del Yuta Wilderness and 8,000-
acre Rio San Antonio Wilderness. The Department supports the
designation of these two new wilderness areas.
Background
The Rio Grande del Norte National Monument lies north of
Taos on the border with Colorado and straddles New Mexico's
Taos and Rio Arriba Counties. Rising in stark contrast from the
monument's broad expanse, the Cerro de la Olla, Cerro San
Antonio, and Cerro del Yuta volcanic cones provide visible
reminders of the area's volatile past. Between these mountains,
the dramatic gorge of the Rio Grande Wild & Scenic River is
carved into the landscape, revealing the dark basalt beneath
the surface of the Taos plateau.
The proposed Cerro del Yuta Wilderness has at its
centerpiece a symmetrical volcanic dome soaring to over 10,000
feet in altitude. Covered by ponderosa, Douglas fir, aspen, and
spruce on the north side, and pinyon and juniper on the south
side, the mountain provides important habitat for wildlife,
including the herds of elk that draw hunters to the area. The
volcanic dome provides an outstanding opportunity for peak
climbing and the forested slopes create a strong sense of
solitude.
The proposed Rio San Antonio Wilderness consists of a flat
plain bisected by the Rio San Antonio. This grassland plain is
dotted with occasional juniper, while the river sits two-
hundred feet below the surface of the plateau at the bottom of
a rugged gorge, the depths of which provide a microclimate for
riparian vegetation, Douglas fir, and spruce. Visitors can find
outstanding opportunities for solitude as they explore the
gorge, which abruptly drops out of sight from the rest of the
area. Protecting these characteristics will help to ensure that
tourists will continue to visit the area, bringing economic
benefits to the local community.
S. 241, Section 4
S. 241 (section 4) designates two wilderness areas on BLM-
managed lands within the new national monument--the proposed
13,420-acre Cerro del Yuta Wilderness and 8,000-acre Rio San
Antonio Wilderness. Both of these areas meet the definition of
wilderness outlined in the Wilderness Act of 1964: they are
largely untouched by humans, have outstanding opportunities for
solitude and primitive and unconfined recreation, are over
5,000 acres in size, and contain important geological,
biological, and scientific features. We support the designation
of these areas as wilderness. The BLM would be happy to work
with the Sponsor and the Committee to create a new map for the
legislation reflecting both the existing national monument and
the two proposed wilderness areas.
Conclusion
President Obama's designation of the Rio Grande del Norte
National Monument was a tribute to both the area's
extraordinary value and the steadfast support for protecting
this magnificent place. The Department supports S. 241 in its
designation of some of the new national monument's wildest
lands as wilderness.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 241, as ordered
reported.