[Senate Report 114-134]
[From the U.S. Government Publishing Office]
Calendar No. 214
114th Congress } { Report
SENATE
1st Session } { 114-134
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CERROS DEL NORTE CONSERVATION ACT
_______
September 9, 2015.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1240]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1240) to designate the Cerro del Yuta and
Rio San Antonio Wilderness Areas in the State of New Mexico,
and for other purposes, having considered the same, reports
favorably thereon with amendments and recommends that the bill,
as amended, do pass.
The amendments are as follows:
On page 2, lines 1 and 2, strike ``May 2, 2013'' and insert
``July 28, 2015''.
On page 2, line 24, strike ``8,000'' and insert ``8,120''.
PURPOSE
The purpose of S. 1240 is to designate the Cerro del Yuta
and Rio San Antonio Wilderness Areas in the State of New
Mexico, and for other purposes.
BACKGROUND AND NEED
On March 25, 2013, President Obama established the Rio
Grande del Norte National Monument by Presidential Proclamation
under the authority of the Antiquities Act. The Rio Grande del
Norte National Monument lies north of Taos on the border with
Colorado. The area includes the Cerro de la Olla, Cerro San
Antonio, and the Cerro del Yuta volcanic cones.
S. 1240 would designate two wilderness areas in the Rio
Grande del Norte National Monument--the 13,420-acre Cerro del
Yuta Wilderness and the 8,120-acre Rio San Antonio Wilderness.
These areas are currently managed by the Bureau of Land
Management as wilderness study areas. S. 1240 would also
release approximately 65 acres of land currently in wilderness
study status to multiple use.
S. 1240 is needed because only Congress can designate a
component of the National Wilderness Preservation System.
LEGISLATIVE HISTORY
In the 113th Congress, Senators Udall of New Mexico and
Heinrich introduced S. 241, a similar bill to S. 1240, on
February 7, 2013. In the House, Representative Lujan introduced
a similar bill, H.R. 560, on February 6, 2013. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on the bill
on April 25, 2013, and the Committee on Energy and Natural
Resources reported S. 241, with an amendment in the nature of a
substitute, by a majority vote of a quorum present, on June 27,
2013 (S. Rept. 113-54).
S. 1240 was introduced by Senators Heinrich and Udall on
May 7, 2015. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on the bill on May 21, 2015. In the House
of Representatives, a companion bill, H.R. 1792, was introduced
by Representative Stewart on April 14, 2015.
The Committee on Energy and Natural Resources, met in open
business session on July 30, 2015, and ordered S. 1240
favorably reported as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 30, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1240, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1240, the Committee adopted
two technical and clarifying amendments.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Cerros del Norte
Conservation Act.''
Section 2 contains definitions.
Section 3(a) designates approximately 13,420 acres of land
as the Cerro del Yuta wilderness and approximately 8,120 acres
of land as the Rio San Antonio Wilderness and designates these
wilderness areas as components of the National Wilderness
Preservation System. Section 3(b) requires that the wilderness
areas 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. Section 3(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. Section 3(d) continues grazing of livestock in
the wilderness areas where established before the date of
enactment of this Act and in accordance with the Wilderness Act
and the guidelines set forth in appendix A of House Report 101-
405. Section 3(e) clarifies that nothing in this Act creates a
protective buffer zone 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 of the wilderness areas. Section 3(f) releases those
portions of the San Antonio Wilderness Study Area that are not
designated as wilderness in this Act are no longer subject to
the wilderness study provisions under section 603(c) of the
Federal Land Policy and Management Act and shall be managed in
accordance with this Act. Section 3(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. Section 3(h) directs
the Secretary to manage the wilderness areas as components of
the National Landscape Conservation System. Section 3(i)
clarifies that nothing in this Act affects the jurisdiction of
the State of New Mexico with respect to fish and wildlife
located on public lands in the State. Section 3(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.
Section 3(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. 1240--Cerros del Norte Conservation Act
S. 1240 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 effect on the federal budget. Because enacting S.
1240 would not affect direct spending or revenues, pay-as-you-
go procedures do not apply.
Under S. 1240, roughly 22,000 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. 1240 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, 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. 1240. 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. 1240, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1240, 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 May 21, 2015, Public Lands, Forests and Mining Subcommittee
hearing on S. 1240 follows:
Statement of Timothy M. Murphy, Acting Assistant Director, National
Conservation Lands & Community Partnerships, Bureau of Land Management,
Department of the Interior
Thank you for the opportunity to testify on S. 1240, the
Cerros del Norte Conservation Act. On March 25, 2013, President
Obama designated the Rio Grande del Norte National Monument on
242,555 acres of land administered by the Bureau of Land
Management (BLM) in northern New Mexico. This legislation
includes the designation of two wilderness areas within the new
Rio Grande del Norte National Monument--the proposed 13,420-
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 200 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
recreationists will continue to visit the area, bringing
economic benefits to the local community.
s. 1240
S.1240 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 in the Wilderness Act of 1964: they are largely
untouched by humans, have outstanding opportunities for
solitude or 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, and would appreciate the opportunity to
work with the sponsor on potential boundary modifications for
manageability.
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 of the
surrounding community for protecting this magnificent place.
The Department supports S. 1240 in its designation of some of
the new Rio Grande del Norte 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. 1240, as
ordered reported.
[all]