[Senate Report 109-163]
[From the U.S. Government Publishing Office]
Calendar No. 264
109th Congress Report
SENATE
1st Session 109-163
======================================================================
FORT STANTON-SNOWY RIVER NATIONAL CAVE CONSERVATION AREA ACT
_______
October 27, 2005.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1170]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1170) to establish the Fort Stanton-Snowy
River National Cave Conservation Area, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
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 ``Fort Stanton-Snowy River National
Cave Conservation Area Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area'' means
the Fort Stanton-Snowy River National Cave Conservation Area
established by section 3(a).
(2) Management plan.--The term ``management plan'' means the
management plan developed for the Conservation Area under
section 4(c).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior, acting through the Director of the Bureau of Land
Management.
SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL CAVE
CONSERVATION AREA.
(a) In General.--There is established the Fort Stanton-Snowy River
National Cave Conservation Area in Lincoln County, New Mexico, to
secure, protect, and conserve subterranean natural and unique features
and environs for scientific, educational, and other appropriate public
uses.
(b) Boundaries.--The Conservation Act shall include--
(1) the minimum subsurface area necessary to encompass the
``Ft. Stanton Cave'' and the ``Newly Discovered Cave'', as
depicted on the map entitled ``Fort Stanton Cave'' and dated
March 29, 2005; and
(2) the minimum surface acreage, as determined by the
Secretary, that is necessary to provide access to the cave
entrance, but not to exceed 40 areas.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall establish detailed
boundaries and prepare a map and legal description of the
Conservation Area that depicts the minimum acreage necessary to
encompass the land described in subsection (b), based on the
smallest legal subdivision described in not less than 40 acre
aliquot parts.
(2) Effect.--The map and legal description of the
Conservation Area shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
minor errors in the map and legal description.
(3) Public availability.--The map and legal description of
the Conservation Area shall be available for public inspection
in the appropriate offices of the Bureau of Land Management.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary shall administer the Conservation
Area--
(1) in accordance with the laws (including regulations)
applicable to public land and the management plan required by
this Act; and
(2) in a manner that provides for--
(A) the conservation and protection of the natural
and unique features and environs for scientific,
educational, and other appropriate public uses of the
Conservation Area;
(B) public access, as appropriate, while providing
for the protection of the cave resources and for public
safety;
(C) the continuation of other existing uses and new
uses of the Conservation Act that do not substantially
impair the purposes for which the Conservation Area is
established;
(D) management of the surface area overlying the
Conservation Area in accordance with the Fort Stanton
Area of Critical Environmental Concern Final Activity
Plan dated March, 2001; and
(E) scientific investigation and research
opportunities within the Conservation Area, including
through partnerships with colleges, universities,
schools, scientific institutions, researchers, and
scientists to conduct research and provide educational
and interpretive services within the Conservation Area.
(b) Withdrawals.--Subject to valid existing rights, all Federal
surface and subsurface land within the Conservation Area and all land
and interests in the surface and subsurface land that are acquired by
the United States after the date of enactment of the Act for inclusion
in the Conservation Area, are withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
general land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation under the mineral leasing and geothermal
leasing laws.
(c) Management Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive plan for the long-term management of the
Conservation Area.
(2) Purposes.--The management plan shall--
(A) describe the appropriate uses and management of
the Conservation Area;
(B) incorporate, as appropriate, decisions contained
in any other management or activity plan for the land
within or adjacent to the Conservation Area;
(C) take into consideration any information developed
in studies of the land and resources within or adjacent
to the Conservation Area; and
(D) provide for a cooperative agreement with Lincoln
County, New Mexico, to address the historical
involvement of the local community in the
interpretation and protection of the resources of the
Conservation Area.
(d) Activities Outside Conservation Area.--The establishment of the
Conservation Area shall not--
(1) create a protective perimeter or buffer zone around the
Conservation Area; or
(2) preclude uses or activities outside the Conservation Area
that are permitted under other applicable laws, even if the
uses or activities are prohibited within the Conservation Area.
(e) Research and Interpretive Facilities.--
(1) In general.--The Secretary may establish facilities for--
(A) the conduct of scientific research; and
(B) the interpretation of the historical, cultural,
scientific, archaeological, natural, and educational
resources of the Conservation Area.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of New Mexico and other
institutions and organizations to carry out the purposes of
this Act.
(f) Water Rights.--Nothing in this Act constitutes an express or
implied reservation of any water right.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
PURPOSE
S. 1170 establishes the Fort Stanton-Snowy River National
Cave Conservation Area in Lincoln County, New Mexico, to
secure, protect, and conserve the Snowy River Cave system for
scientific, educational, and other appropriate public uses.
BACKGROUND AND NEED
Exploration of the Fort Stanton cave network in Lincoln
County, New Mexico, dates back to at least the 1850s, when
troops stationed in the area began visiting the caverns. That
exploration has continued into the 21st century, and in 2001
led to the discovery by BLM volunteers of a two-mile long
continuous calcite formation. The Snowy River cave formation is
believed to be the largest continuous calcite formation in the
world. The Fort Stanton cave has few secondary formations such
as stalactites; the one outstanding formation is the Snowy
River formation. Water originally carved a channel in the clay
and gravel, and then eventually filled it with brilliant white
calcite. In some places, the ceiling soars up to 40 feet; in
others it is only 16 inches above the floor. The existence of
another passage had been suspected for decades. One small
passage in Fort Stanton ended where the ceiling had collapsed,
but there was noticeable air flow from behind it. Digging
efforts began in the 1970s, but were flooded out for the next
two decades.
The new area, counting side passages, runs about 3.5 miles;
the calcite formation has been mapped at more than 2 miles.
Scientists have found 12 to 16 types of bacteria that live in a
lightless environment that are unknown anywhere else.
Fort Stanton Cave itself, which was designated a National
Natural Landmark in 1975, is open by permit only. The surface
area overlying the Fort Stanton-Snowy River Cave Conservation
Area (the ``Conservation Area'') established by this
legislation lies within the Fort Stanton Area of Critical
Environmental Concern. Designation of the underground cave as a
National Conservation Area will not diminish the protections
already in place for the surface area under the Fort Stanton
Area of Critical Environmental Concern Final Activity Plan
dated March, 2001.
LEGISLATIVE HISTORY
S. 1170 was introduced by Senator Domenici and Senator
Bingaman on June 6, 2005. The Subcommittee on Public Lands and
Forests held a hearing on S. 1170 on July 20, 2005. At the
business meeting on September 28, 2005, the Committee on Energy
and Natural Resources ordered S. 1170 favorably reported with
an amendment.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by a unanimous vote of
a quorum present, recommends that the Senate pass S. 1170, if
amended as described herein. During the Committee's
consideration of the bill, Senator Bingaman noted, and Chairman
Domenici agreed, that further amendments might be worked out
before consideration of the bill by the full Senate.
The Committee adopted an amendment in the nature of a
substitute that clarifies the specificity required in the
official map for the Conservation Area, and requires the
Secretary to manage the surface area overlying the Conservation
Area in accordance with the Fort Stanton Area of Critical
Environmental Concern Final Activity Plan dated March, 2001.
The substitute amendment is described in detail below in the
section-by-section analysis.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2 provide the short title and definitions
for the Act.
Section 3(a) establishes the Fort Stanton-Snowy River
National Cave Conservation Area in Lincoln County, New Mexico
(``Conservation Area'') to secure, protect, and conserve the
cave features and environs for scientific, educational and
other appropriate public uses.
(b) defines the conservation area's boundary to include the
surface and subsurface area needed to protect and provide
access to the cave.
(c) directs the Secretary of the Interior (``Secretary'')
to develop a map and legal description of the Conservation Area
and make it available to the public.
Section 4(a) directs the Secretary to administer the
Conservation Area in accordance with the laws and regulations
applicable to public land and the Conservation Area's
management plan. The Secretary is to administer the area in a
manner consistent with the purposes described in section 3(a)
and in accordance with the Fort Stanton Area of Critical
Environmental Concern Final Activity Plan.
(b) withdraws the Conservation Area, subject to valid
existing rights, from land disposal, location, entry, and
patent under mining and geothermal leasing laws.
(c) directs the Secretary to develop a management plan for
the Conservation Area within two years after enactment and
states the purposes of the plan.
(d) states that the Conservation Area shall not have a
protective buffer zone or limit land uses or activities outside
the Area or on the surface lands above it.
(e) authorizes the Secretary to establish research
facilities to conduct scientific research and to interpret
historical, cultural, archaeological, natural, and educational
resources of the Conservation Area.
(f) directs that nothing in the Act constitutes an
expressed or implied reservation of any water right.
Section 5 authorizes such funding as may be necessary to
carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 1170--Fort Stanton-Snowy River National Cave Conservation Area Act
S. 1170 would establish the Fort Stanton-Snowy River
National Cave Conservation Area on federal land in Lincoln
County, New Mexico. Subject to valid existing rights, the bill
would withdraw land within the proposed conservation area from
programs to develop natural resources. The bill would direct
the Secretary of the Interior to develop a plan to manage that
area and would authorize the Secretary to establish research
centers and visitor facilities pursuant to that plan.
Based on information from the Bureau of Land Management,
CBO estimates that S. 1170 would not significantly affect the
federal budget. According to the agency, the affected land
currently generates no significant receipts and is not expected
to do so over the next 10 years. Therefore, we estimate that
the proposed withdrawal would not significantly affect
offsetting receipts (a credit against direct spending). We
further estimate that any costs incurred to develop a
management plan for the area or to construct new facilities
would not exceed $500,000 in any year, subject to the
availability of appropriated funds. Enacting S. 1170 would not
affect revenues.
S. 1170 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff for this estimate is Megan Carroll. This
estimate was approved by Peter H. Fontaine, 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. 1170. 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. 1170, as ordered reported.
EXECUTIVE COMMUNICATIONS
Views of the Administration on S. 1170 were included in
testimony provided by the Bureau of Land Management at the
Subcommittee hearing as follows:
Statement of Lawrence E. Benna, Deputy Director, Operations, Bureau of
Land Management
Thank you for the opportunity to testify in support of S.
1170, the Fort Stanton-Snowy River National Cave Conservation
Area Act. This new discovery is both exciting and awe-
inspiring. Our responsibility, as emphasized in the
legislation, is to protect the special scientific values of
this new discovery. As Senator Domenici stated upon
introduction of his legislation, this new discovery ``can only
be described as magnificent.'' We agree completely.
background
The first documented exploration of the Fort Stanton Cave
in south central New Mexico was in the mid-19th century,
although there is evidence that native peoples previously
explored its environs. This cave system has been extensively
explored and is opened, on a permitted basis, to the public.
Scout troops, amateur cavers (cave explorers) and the general
public have explored this cave for year. Also, for many years
volunteer groups of scientists, cavers and other professionals
working in conjunction with the Bureau of Land Management (BLM)
have been searching the Fort Stanton Cave system for additional
passages that would expand the known cave system. In 2001, they
confirmed a new passage into a previously unknown expansion of
the cave system; public disclosure was delayed until just two
months ago in order to ensure protection of the unique cave
ecosystem. This initial discovery was spearheaded by BLM
volunteers John Corcoran, Lloyd Swartz, John Mclean, Don
Becker, and Andrew Grieco.
Following the discovery, a careful, systematic and
scientific process of exploration of the expanded cave system
began. Cavers have their own protocols to assure documented and
scientific exploration of virgin passages. The first rule is to
do no harm and proceed with caution. On discovery of a new
extraordinary expansion of the cave system complex, while human
instinct would compel us to charge forward, for cavers the
imperative is to stop. Caves are fragile ecosystems and their
wonders can be easily and unintentionally destroyed. Fighting
against human instinct, they stopped and they studied before
they proceeded. The rewards they have reaped have been
numerous.
As they began their systematic and scientific search of the
cave, they were careful to keep all contact with the non-cave
world at bay. Entering the Snowy River Cave complex involves a
600-yard crawl through spaces no larger than 10 inches high.
Upon arrival, all dirty clothes are changed and clean jumpsuits
and shoes are then worn. No outside substances are brought into
the cave and airflow is restricted so as not to contaminate or
depressurize the cave environment.
Exploration of the Snowy River complex with be a slow and
thoughtful process. The complex includes ``Snowy River'' of
calcium carbonate (calcite) that runs at least two miles
through the base of the cave. To our knowledge, this is a
unique phenomenon probably caused by an ancient slow moving
river which over centuries dissolved the calcite from the
surrounding stone and re-deposited it as a snowy carpet down
the length of the cave.
We are making additional exceptional discoveries throughout
the cave. The BLM is partnering with the caving community,
scientific community, and local universities to ensure that the
cave's mysteries and resources are properly treated, studied
and analyzed. Dr. Penny Boston, the Director of the Cave and
Karst Studies program at New Mexico Tech indicates that 16
organisms have been isolated to date from the cave that are
unique and may exist nowhere else in the world. These organisms
appear to survive by eating rock. This discovery lends itself
to possible practical applications in the field of
pharmaceuticals.
The BLM is committed to continuing these and other
partnerships to explore fully the Snowy River Cave system. To
date, over two miles of the system has been mapped. The full
extent of the system has not been determined, but the
scientists and cavers tell us that they expect many more miles
of cave passages are left to be explored. In addition, there
are also numerous other caves within the Fort Stanton area
which contain significant cultural resources now under study.
s. 1170
The legislation before the Committee today would create the
first conservation area dedicated to protecting cave resources.
Its goal is to ``secure, protect, and conserve'' the Fort
Stanton-Snowy River cave system. We strongly support those
goals and the legislation to implement them. We would like the
opportunity to work with Senators Domenici and Bingaman and the
Committee staff to modify S. 1170 to improve management of the
area and to offer a number of technical refinements of the
bill.
Each of the National Conservation Areas (NCAs) designated
by Congress and managed by the BLM is unique. However, for the
most part they have certain critical elements, these include:
public land, mining, and mineral leasing law withdrawal, OHV
use limitations, and language which charges the Secretary to
allow only those uses that further the purposes for which the
NCA is established. Furthermore, NCA proposals do not diminish
the protections that currently apply to the lands. The Fort
Stanton-Snowy River NCA proposal largely honors this spirit and
we would like the opportunity to work with the sponsors to
further develop appropriate protections.
This NCA proposal is unique because of the unusual
subterranean nature of the lands to be protected. Because the
area is located within the old Fort Stanton military
reservation (withdrawal revoked in 1956) the BLM already has
some protections in place. It lies within both the Fort Stanton
Area of Critical Environmental Concern (ACEC) and the 24,000
acre Fort Stanton Recreation Area. The current uses of the area
which are largely recreational are compatible with the
protections envisioned by the legislation.
At the same time, the world class nature of this discovery
demands further protections as noted in S. 1170. We would like
to work with the Committee to further clarify those protections
and the area to be covered. Inclusion of surface as well as
subsurface is important. While in many places the cave system
is 60 to 100 feet below the ground, in other places tree roots
have been observed suggesting a close proximity to the surface.
Some surface activities could affect the cave environment if
safeguards are not in place. We believe it is important to draw
some line around the area. Initial estimates are that an area
of about 10,000 acres would likely cover the entire cave system
which includes other significant caves. The establishment of
this NCA would be consistent with the current uses of the area.
conclusion
We want to express our deep appreciation to Senators
Domenici and Bingaman for introducing this legislation to
protect the important cave resources of the Fort Stanton and
Snowy River Cave system. These are important resources--
scientifically and educationally. We look forward to working
cooperatively both with Congress and our many partners to see
this vision become a reality.
CHANGES TO 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. 1170, as
ordered reported.