[Senate Report 115-427]
[From the U.S. Government Publishing Office]
Calendar No. 719
115th Congress } { Report
SENATE
2d Session } { 115-427
======================================================================
ORGAN MOUNTAINS-DESERT PEAKS CONSERVATION ACT
_______
December 11, 2018.--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. 441]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 441) to designate the Organ Mountains and
other public land as components of the National Wilderness
Preservation System in the State of New Mexico, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the bill, as amended, do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Mountains-Desert Peaks
Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Monument.--The term ``Monument'' means the Organ
Mountains-Desert Peaks National Monument established by
Presidential Proclamation 9131 (79 Fed. Reg. 30431).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) State.--The term ``State'' means the State of New Mexico.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 3(a).
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Aden lava flow wilderness.--Certain land administered by
the Bureau of Land Management in Doña Ana County
comprising approximately 27,673 acres, as generally depicted on
the map entitled ``Potrillo Mountains Complex'' and dated
September 27, 2018, which shall be known as the ``Aden Lava
Flow Wilderness''.
(2) Broad canyon wilderness.--Certain land administered by
the Bureau of Land Management in Doña County comprising
approximately 13,902 acres, as generally depicted on the map
entitled ``Desert Peaks Complex'' and dated October 1, 2018,
which shall be known as the ``Broad Canyon Wilderness''.
(3) Cinder cone wilderness.--Certain land administered by the
Bureau of Land Management in Doña Ana County comprising
approximately 16,935 acres, as generally depicted on the map
entitled ``Potrillo Mountains Complex'' and dated September 27,
2018, which shall be known as the ``Cinder Cone Wilderness''.
(4) East potrillo mountains wilderness.--Certain land
administered by the Bureau of Land Management in Doña
Ana and Luna counties comprising approximately 12,155 acres, as
generally depicted on the map entitled ``Potrillo Mountains
Complex'' and dated September 27, 2018, which shall be known as
the ``East Potrillo Mountains Wilderness''.
(5) Mount riley wilderness.--Certain land administered by the
Bureau of Land Management in Doña Ana and Luna counties
comprising approximately 8,382 acres, as generally depicted on
the map entitled ``Potrillo Mountains Complex'' and dated
September 27, 2018, which shall be known as the ``Mount Riley
Wilderness''.
(6) Organ mountains wilderness.--Certain land administered by
the Bureau of Land Management in Doña Ana County
comprising approximately 19,916 acres, as generally depicted on
the map entitled ``Organ Mountains Area'' and dated September
21, 2016, which shall be known as the ``Organ Mountains
Wilderness'', the boundary of which shall be offset 400 feet
from the centerline of Dripping Springs Road in T. 23 S., R. 04
E., sec. 7, New Mexico Principal Meridian.
(7) Potrillo mountains wilderness.--Certain land administered
by the Bureau of Land Management in Doña Ana and Luna
counties comprising approximately 105,085 acres, as generally
depicted on the map entitled ``Potrillo Mountains Complex'' and
dated September 27, 2018, which shall be known as the
``Potrillo Mountains Wilderness''.
(8) Robledo mountains wilderness.--Certain land administered
by the Bureau of Land Management in Doña Ana County
comprising approximately 16,776 acres, as generally depicted on
the map entitled ``Desert Peaks Complex'' and dated October 1,
2018, which shall be known as the ``Robledo Mountains
Wilderness''.
(9) Sierra de las uvas wilderness.--Certain land administered
by the Bureau of Land Management in Doña Ana County
comprising approximately 11,114 acres, as generally depicted on
the map entitled ``Desert Peaks Complex'' and dated October 1,
2018, which shall be known as the ``Sierra de las Uvas
Wilderness''.
(10) Whitethorn wilderness.--Certain land administered by the
Bureau of Land Management in Doña Ana and Luna counties
comprising approximately 9,616 acres, as generally depicted on
the map entitled ``Potrillo Mountains Complex'' and dated
September 27, 2018, which shall be known as the ``Whitethorn
Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps 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 maps 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 maps and legal descriptions.
(3) Public availability.--The maps 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.
(c) Management.--Subject to valid existing rights, the wilderness
areas shall be administered by the Secretary--
(1) as components of the National Landscape Conservation
System; and
(2) in accordance with--
(A) this Act; and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.),
except that--
(i) any reference in the Wilderness Act to
the effective date of that Act shall be
considered to be a reference to the date of
enactment of this Act; and
(ii) any reference in the Wilderness Act to
the Secretary of Agriculture shall be
considered to be a reference to the Secretary
of the Interior.
(d) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of a wilderness area
that is acquired by the United States shall--
(1) become part of the wilderness area within the boundaries
of 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.
(e) 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).
(f) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas, including military overflights that can be
seen or heard within the wilderness areas;
(2) the designation of new units of special airspace over the
wilderness areas; or
(3) the use or establishment of military flight training
routes over the wilderness areas.
(g) Buffer Zones.--
(1) In general.--Nothing in this section creates a protective
perimeter or buffer zone around any wilderness area.
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any 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.
(h) Paragliding.--The use of paragliding within areas of the East
Potrillo Mountains Wilderness designated by subsection (a)(4) in which
the use has been established before the date of enactment of this Act,
shall be allowed to continue in accordance with section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), subject to any terms and
conditions that the Secretary determines to be necessary.
(i) Climatologic Data Collection.--Subject to such terms and
conditions as the Secretary may prescribe, nothing in this Act
precludes the installation and maintenance of hydrologic, meteorologic,
or climatologic collection devices in wilderness areas if the
facilities and access to the facilities are essential to flood warning,
flood control, or water reservoir operation activities.
(j) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establish periods during which, no hunting or fishing shall
be permitted for reasons of public safety, administration, or
compliance with applicable law.
(k) Withdrawals.--
(1) In general.--Subject to valid existing rights, the
Federal land within the wilderness areas and any land or
interest in land that is acquired by the United States in the
wilderness areas after the date of enactment of this Act is
withdrawn from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Parcel b.--The approximately 6,498 acres of land
generally depicted as ``Parcel B'' on the map entitled ``Organ
Mountains Area'' and dated September 21, 2016, is withdrawn in
accordance with paragraph (1), except that the land is not
withdrawn for purposes of the issuance of oil and gas pipeline
or road rights-of-way.
(3) Parcel c.--The approximately 1,297 acres of land
generally depicted as ``Parcel C'' on the map entitled ``Organ
Mountains Area'' and dated September 21, 2016, is withdrawn in
accordance with paragraph (1), except that the land is not
withdrawn from disposal under the Act of June 14, 1926
(commonly known as the ``Recreation and Public Purposes Act'')
(43 U.S.C. 869 et seq.).
(4) Parcel d.--
(A) In general.--The Secretary of the Army shall
allow for the conduct of certain recreational
activities on the approximately 2,035 acres of land
generally depicted as ``Parcel D'' on the map entitled
``Organ Mountains Area'' and dated September 21, 2016
(referred to in this paragraph as the ``parcel''),
which is a portion of the public land withdrawn and
reserved for military purposes by Public Land Order 833
dated May 21, 1952 (17 Fed. Reg. 4822).
(B) Outdoor recreation plan.--
(i) In general.--The Secretary of the Army
shall develop a plan for public outdoor
recreation on the parcel that is consistent
with the primary military mission of the
parcel.
(ii) Requirement.--In developing the plan
under clause (i), the Secretary of the Army
shall ensure, to the maximum extent
practicable, that outdoor recreation activities
may be conducted on the parcel, including
hunting, hiking, wildlife viewing, and camping.
(C) Closures.--The Secretary of the Army may close
the parcel or any portion of the parcel to the public
as the Secretary of the Army determines to be necessary
to protect--
(i) public safety; or
(ii) the safety of the military members
training on the parcel.
(D) Transfer of administrative jurisdiction;
withdrawal.--
(i) In general.--On a determination by the
Secretary of the Army that military training
capabilities, personnel safety, and
installation security would not be hindered as
a result of the transfer to the Secretary of
administrative jurisdiction over the parcel,
the Secretary of the Army shall transfer to the
Secretary administrative jurisdiction over the
parcel.
(ii) Withdrawal.--On transfer of the parcel
under clause (i), the parcel shall be--
(I) under the jurisdiction of the
Director of the Bureau of Land
Management; and
(II) withdrawn from--
(aa) entry, appropriation, or
disposal under the public land
laws;
(bb) location, entry, and
patent under the mining laws;
and
(cc) operation of the mineral
leasing, mineral materials, and
geothermal leasing laws.
(iii) Reservation.--On transfer under clause
(i), the parcel shall be reserved for
management of the resources of, and military
training conducted on, the parcel in accordance
with a memorandum of understanding entered into
under subparagraph (E).
(E) Memorandum of understanding relating to military
training.--
(i) In general.--If, after the transfer of
the parcel under subparagraph (D)(i), the
Secretary of the Army requests that the
Secretary enter into a memorandum of
understanding, the Secretary shall enter into a
memorandum of understanding with the Secretary
of the Army providing for the conduct of
military training on the parcel.
(ii) Requirements.--The memorandum of
understanding entered into under clause (i)
shall--
(I) address the location, frequency,
and type of training activities to be
conducted on the parcel;
(II) provide to the Secretary of the
Army access to the parcel for the
conduct of military training;
(III) authorize the Secretary or the
Secretary of the Army to close the
parcel or a portion of the parcel to
the public as the Secretary or the
Secretary of the Army determines to be
necessary to protect--
(aa) public safety; or
(bb) the safety of the
military members training; and
(IV) to the maximum extent
practicable, provide for the protection
of natural, historic, and cultural
resources in the area of the parcel.
(F) Military overflights.--Nothing in this paragraph
restricts or precludes--
(i) low-level overflights of military
aircraft over the parcel, including military
overflights that can be seen or heard within
the parcel;
(ii) the designation of new units of special
airspace over the parcel; or
(iii) the use or establishment of military
flight training routes over the parcel.
(l) Robledo Mountains.--
(1) In general.--The Secretary shall manage the Federal land
described in paragraph (2) in a manner that preserves the
character of the land for the future inclusion of the land in
the National Wilderness Preservation System.
(2) Land description.--The land referred to in paragraph (1)
is certain land administered by the Bureau of Land Management,
comprising approximately 100 acres as generally depicted as
``Lookout Peak Communication Site'' on the map entitled
``Desert Peaks Complex'' and dated October 1, 2018.
(3) Uses.--The Secretary shall permit only such uses on the
land described in paragraph (2) that were permitted on the date
of enactment of this Act.
(m) 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 in Doña Ana
County administered by the Bureau of Land Management not designated as
wilderness by subsection (a) or described in subsection (l)----
(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--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
(n) Private Land.--In accordance with section 5 of the Wilderness
Act (16 U.S.C. 1134), the Secretary shall ensure adequate access to
non-Federal land located within the boundary of a wilderness area.
SEC. 4. BORDER SECURITY.
(a) In General.--Nothing in this Act--
(1) prevents the Secretary of Homeland Security from
undertaking law enforcement and border security activities, in
accordance with section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), within the wilderness areas, including the ability to
use motorized access within a wilderness area while in pursuit
of a suspect;
(2) affects the 2006 Memorandum of Understanding among the
Department of Homeland Security, the Department of the
Interior, and the Department of Agriculture regarding
cooperative national security and counterterrorism efforts on
Federal land along the borders of the United States; or
(3) prevents the Secretary of Homeland Security from
conducting any low-level overflights over the wilderness areas
that may be necessary for law enforcement and border security
purposes.
(b) Withdrawal and Administration of Certain Area.--
(1) Withdrawal.--The area identified as ``Parcel A'' on the
map entitled ``Potrillo Mountains Complex'' and dated September
27, 2018, is withdrawn in accordance with section 3(k)(1).
(2) Administration.--Except as provided in paragraphs (3) and
(4), the Secretary shall administer the area described in
paragraph (1) in a manner that, to the maximum extent
practicable, protects the wilderness character of the area.
(3) Use of motor vehicles.--The use of motor vehicles,
motorized equipment, and mechanical transport shall be
prohibited in the area described in paragraph (1) except as
necessary for--
(A) the administration of the area (including the
conduct of law enforcement and border security
activities in the area); or
(B) grazing uses by authorized permittees.
(4) Effect of subsection.--Nothing in this subsection
precludes the Secretary from allowing within the area described
in paragraph (1) the installation and maintenance of
communication or surveillance infrastructure necessary for law
enforcement or border security activities.
(c) Restricted Route.--The route excluded from the Potrillo
Mountains Wilderness identified as ``Restricted--Administrative
Access'' on the map entitled ``Potrillo Mountains Complex'' and dated
September 27, 2018, shall be--
(1) closed to public access; but
(2) available for administrative and law enforcement uses,
including border security activities.
SEC. 5. ORGAN MOUNTAINS-DESERT PEAKS NATIONAL MONUMENT.
(a) Management Plan.--In preparing and implementing the management
plan for the Monument, the Secretary shall include a watershed health
assessment to identify opportunities for watershed restoration.
(b) Incorporation of Acquired State Trust Land and Interests in
State Trust Land.--
(1) In general.--Any land or interest in land that is within
the State trust land described in paragraph (2) that is
acquired by the United States shall--
(A) become part of the Monument; and
(B) be managed in accordance with
(i) Presidential Proclamation 9131 (79 Fed.
Reg. 30431);
(ii) this Act; and
(iii) any other applicable laws.
(2) Description of state trust land.--The State trust land
referred to in paragraph (1) is the State trust land in T. 22
S., R 01 W., New Mexico Principal Meridian and T. 22 S., R. 02
W., New Mexico Principal Meridian.
(c) Land Exchanges.--
(1) In general.--Subject to paragraphs (3) through (6), the
Secretary shall attempt to enter into an agreement to initiate
an exchange under section 2201.1 of title 43, Code of Federal
Regulations (or successor regulations), with the Commissioner
of Public Lands of New Mexico, by the date that is 18 months
after the date of enactment of this Act, to provide for a
conveyance to the State of all right, title, and interest of
the United States in and to Bureau of Land Management land in
the State identified under paragraph (2) in exchange for the
conveyance by the State to the Secretary of all right, title,
and interest of the State in and to parcels of State trust land
within the boundary of the Monument identified under that
paragraph or described in subsection (b)(2).
(2) Identification of land for exchange.--The Secretary and
the Commissioner of Public Lands of New Mexico shall jointly
identify the Bureau of Land Management land and State trust
land eligible for exchange under this subsection, the exact
acreage and legal description of which shall be determined by
surveys approved by the Secretary and the New Mexico State Land
Office.
(3) Applicable law.--A land exchange under paragraph (1)
shall be carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(4) Conditions.--A land exchange under paragraph (1) shall be
subject to--
(A) valid existing rights; and
(B) such terms as the Secretary and the State shall
establish.
(5) Valuation, appraisals, and equalization.--
(A) In general.--The value of the Bureau of Land
Management land and the State trust land to be conveyed
in a land exchange under this subsection--
(i) shall be equal, as determined by
appraisals conducted in accordance with
subparagraph (B); or
(ii) if not equal, shall be equalized in
accordance with subparagraph (C).
(B) Appraisals.--
(i) In general.--The Bureau of Land
Management land and State trust land to be
exchanged under this subsection shall be
appraised by an independent, qualified
appraiser that is agreed to by the Secretary
and the State.
(ii) Requirements.--An appraisal under clause
(i) shall be conducted in accordance with--
(I) the Uniform Appraisal Standards
for Federal Land Acquisitions; and
(II) the Uniform Standards of
Professional Appraisal Practice.
(C) Equalization.--
(i) In general.--If the value of the Bureau
of Land Management land and the State trust
land to be conveyed in a land exchange under
this subsection is not equal, the value may be
equalized by--
(I) making a cash equalization
payment to the Secretary or to the
State, as appropriate, in accordance
with section 206(b) of the Federal Land
Policy and Management Act of 1976 (43
U.S.C. 1716(b)); or
(II) reducing the acreage of the
Bureau of Land Management land or State
trust land to be exchanged, as
appropriate.
(ii) Cash equalization payments.--Any cash
equalization payments received by the Secretary
under clause (i)(I) shall be--
(I) deposited in the Federal Land
Disposal Account established by section
206(a) of the Federal Land Transaction
Facilitation Act (43 U.S.C. 2305(a));
and
(II) used in accordance with that
Act.
(6) Limitation.--No exchange of land shall be conducted under
this subsection unless mutually agreed to by the Secretary and
the State.
PURPOSE
The purpose of S. 441 is to designate the Organ Mountains
and other public land as components of the National Wilderness
Preservation System in the State of New Mexico.
BACKGROUND AND NEED
In May 2014, President Obama designated the Organ Mountain-
Desert Peaks National Monument (Monument), which is managed by
the Bureau of Land Management (BLM) in Dona Ana County in
southern New Mexico. S. 441 would designate approximately
241,554 acres of public land within the Monument as wilderness.
The wilderness would provide protection for large expanses of
the Chihuahuan Desert ecosystem, including mountain ranges and
grasslands, mesas and canyons, and lava flows and ancient
volcanic cinder cones. The majority of the proposed wilderness
areas are currently managed by the BLM as Wilderness Study
Areas (WSAs), and the majority of the Monument is currently
managed as an Area of Critical Environmental Concern.
S. 441 would also require the Secretary to manage
approximately 100 acres in the Robledo Mountains for its
wilderness characteristics and release any WSAs administered by
the BLM in Dona Ana County to multiple-use. The bill also
provides for equal value land exchanges with the State of New
Mexico and the Secretary of the Interior so that State Trust
lands within the boundary of the Monument can be acquired by
the Secretary and the State can receive lands it can use to
generate revenue for the school trust.
LEGISLATIVE HISTORY
S. 441 was introduced by Senators Udall and Heinrich on
February 17, 2017. The Subcommittee on Public Lands, Forests,
and Mining, held a hearing to consider the bill on February 7,
2018.
In the 114th Congress, a similar bill, S. 3049, was
introduced by Senators Udall and Heinrich on June 16, 2016. A
hearing was held on S. 3049 on September 22, 2016. In the House
of Representatives, Rep. Pearce introduced companion
legislation, H.R. 2467, on May 20, 2015.
In the 113th Congress, Senators Bingaman and Udall of New
Mexico introduced similar legislation, S. 1805, on December 12,
2013.
The Senate Committee on Energy and Natural Resources met in
open business session on October 2, 2018, and ordered S. 441
favorably reported as amended.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
441 if amended as described herein. Senators Barrasso, Risch,
and Lee asked to be recorded as voting no.
COMMITTEE AMENDMENT
During its consideration of S. 441, the Committee adopted
an amendment in the nature of a substitute.
The substitute amendment separates the Potrillo Mountains
Wilderness, as described in S. 441 as introduced, into three
separate wilderness areas: the East Potrillo Mountains
Wilderness, the Mount Riley Wilderness, and the Potrillo
Mountains Wilderness; and decreases the total wilderness area
designation by approximately 232 acres of land.
The substitute amendment makes clear that the authorization
to continue paragliding applies to the East Potrillo Mountains
Wilderness, not the Potrillo Mountains Wilderness.
The substitute amendment strikes the designation of the
approximately 100 acres of land at the Lookout Peak
Communication Site as potential wilderness, and instead
requires the Secretary to manage the land in a manner that
preserves its wilderness characteristics. The substitute
amendment also strikes the clause authorizing the Secretary to
designate that land as wilderness, subject to providing public
notice through the Federal Register.
The substitute amendment adds a new section 3(n), which
makes clear that private land owners who have inholdings within
the new wilderness areas, shall be provided adequate access to
their land.
SECTION-BY-SECTION ANALYSIS
Sec. 1. Short title
Section 1 provides a short title for the bill.
Sec. 2. Definitions
Section 2 provides key definitions.
Sec. 3. Designation of wilderness areas
Subsection (a) designates 27,673 acres of BLM land as the
Aden Lava Flow Wilderness; 13,902 acres of BLM land as the
Broad Canyon Wilderness; 16,935 acres of BLM land as the Cinder
Cone Wilderness; 12,155 acres of BLM land as the East Potrillo
Mountains Wilderness; 8,382 acres of BLM land as the Mount
Riley Wilderness; 19,916 acres of BLM land as the Organ
Mountains Wilderness; 105,085 acres of BLM land as the Potrillo
Mountains Wilderness; 16,776 acres of BLM land as the Robledo
Mountains Wilderness; 11,114 acres of BLM land as the Sierra de
las Uvas Wilderness; and 9,616 acres of BLM land as the
Whitethorn Wilderness.
Subsection (b) requires the Secretary of the Interior
(Secretary) to submit maps of the new wilderness areas to the
Committees of jurisdiction and to make them publically
available.
Subsection (c) requires the land to be administered in
accordance with the Wilderness Act and as components of the
National Landscape Conservation System, subject to valid
existing rights.
Subsection (d) makes clear that any land that is acquired
by the Federal government within the boundaries of the new
wilderness areas, will be added to the wilderness areas.
Subsection (e) makes clear that any grazing that exists
prior to enactment of this legislation, can continue subject to
section 4(d)(4) of the Wilderness Act and Appendix A of H.
Rept. 101-405.
Subsection (f) makes clear that military flights over the
airspace of the wilderness can continue.
Subsection (g) makes clear that buffer zones cannot be
established around the boundaries of the new wilderness areas.
Subsection (h) authorizes paragliding that existed prior to
enactment of this legislation, to continue.
Subsection (i) authorizes the installation and maintenance
of hydrologic, meteorologic, and climatologic monitoring
systems.
Subsection (j) makes clear that nothing in this legislation
impacts the jurisdiction of the State of New Mexico to manage
fish and wildlife located on public land in the State.
Subsection (k) withdraws the new wilderness areas from
entry, appropriation, and disposal under public land laws;
location, entry, and patent under mining laws; and mineral and
geothermal leasing laws. Subsection (k) clarifies that 6,498
acres in the Organ Mountains Wilderness is not withdrawn for
purposes of the issuance of oil and gas pipeline or road
rights-of-way; and that 1,297 acres of land in the Organ
Mountains Wilderness is not withdrawn from disposal under the
Recreation and Public Purposes Act (43 U.S.C. 869 et seq.). It
further requires the Secretary of the Army to develop a
management plan to authorize recreational access and uses on
2,035 acres of land in the Organ Mountains Wilderness, but
authorizes the Secretary of the Army to close any piece of the
land if necessary for public safety or military exercises. Once
the Secretary of the Army determines that the land is no longer
needed for military purposes, the Secretary of the Army is
required to transfer jurisdiction of the land to the Secretary
of the Interior. It directs the Secretaries to enter into a
memorandum of understanding to allow for military training and
exercises on the land.
Subsection (l) directs the Secretary to manage 100 acres of
land at the Lookout Peak Communication Site in the Robledo
Mountains in a manner that preserves its wilderness
characteristics and authorizes uses that were in existence
prior to enactment of this legislation.
Subsection (m) finds that Federal land in Dona County that
was not designated as wilderness in subsection (a), has been
adequately studied and releases it from being a WSA.
Subsection (n) requires the Secretary to provide adequate
access to any privately owned inholdings within the boundaries
of the new wilderness areas.
Sec. 4. Border security
Subsection (a) makes clear that nothing in this legislation
impacts or diminishes the authority of the Secretary of
Homeland Security to undertake law enforcement and border
security activities, nor does it impact cooperative agreements
between the Secretaries of the Interior and Homeland Security
regarding national security and counterterrorism activities.
Subsection (b) withdraws the areas identified as ``Parcel
A'' in the Potrillo Mountains subject to Section 3(k)(1);
directs the Secretary to administer that land to preserve its
wilderness characteristics; prohibits the use of motorized
vehicles, except for border security; and makes clear that this
legislation does not prevent the Secretary from authorizing the
installation and maintenance of communication or surveillance
infrastructure.
Subsection (c) closes the route identified as
``Restricted--Administrative Access'' on the ``Potrillo
Mountains Complex'' map to public access, except for
administrative and law enforcement uses.
Sec. 5. Organ Mountains-Desert Peaks National Monument
Subsection (a) requires the Secretary to conduct a
watershed health assessment during the preparation and
implementation of the land management plan for the Organ
Mountains-Desert Peaks National Monument.
Subsection (b) requires that any land acquired by the
Federal government from State trust land that is within the
boundaries of the Monument, be incorporated into the Monument.
Subsection (c) requires the Secretary to attempt to enter
into an agreement with the Commissioner of Public Lands for the
State of New Mexico to initiate a land exchange; requires the
Secretary and Commissioner to jointly identify land for
exchange; requires the exchange to be carried out in accordance
with the Federal Land Policy and Management Act (43 U.S.C.
1716); makes clear that the exchange is subject to valid
existing rights; requires an independent appraisal of the land
and that there be an equal value exchange; authorizes the
Secretary and the State to use cash equalization if the land to
be conveyed is determined not to be equal values; and requires
that the land exchange be mutually agreeable to the Secretary
and the State.
COST AND BUDGETARY CONSIDERATIONS
The following estimates of the costs for this measure has
been provided by the Congressional Budget Office:
S. 441 would designate roughly 240,000 acres of federal
land in New Mexico as part of the National Wilderness
Preservation System. Because the affected land is already
managed by the federal government, CBO expects that there would
be no significant costs associated with those designations. The
bill also would require the Secretary of the Army to develop a
recreation plan for a tract of federal land located in the
state. Based on the costs of similar tasks, CBO estimates that
developing the plan would cost less than $500,000; such
spending would be subject to the availability of appropriated
funds.
The bill would authorize a land exchange between the Bureau
of Land Management (BLM) and the state of New Mexico. Under the
bill, the state and BLM would jointly identify the federal and
nonfederal parcels of land to be exchanged. CBO has no
information on which parcels would be exchanged, or whether the
federal land generates any offsetting receipts (which are
recorded in the budget as reductions in direct spending) from
mineral production, grazing, or other activities. If the land
that would be exchanged does generate receipts, the bill would
reduce those receipts, relative to current law.
In addition, if the parcels are not of equal value, the
values would be equalized through an adjustment in acreage or a
cash equalization payment. If the federal parcel to be
exchanged is more valuable, any cash equalization payment to
BLM (which would be recorded in the budget as an offsetting
receipt) would be available to spend without further
appropriation, the net effect on direct spending would be
negligible. If the federal parcel to be exchanged is less
valuable, any cash equalization payment to the state would
increase direct spending. On net, CBO expects that enacting S.
441 would increase direct spending by an insignificant amount.
Because enacting S. 441 could affect direct spending, pay-
as-you-go procedures apply. The bill would not affect revenues.
CBO estimates that enacting S. 441 would not significantly
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2029.
S. 441 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed 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. 441. 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. 441, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 441, 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 Department of the Interior at
the February 7, 2018, hearing on S. 441 follows:
Statement of Brian Steed, Deputy Director for Policy & Programs, Bureau
of Land Management, U.S. Department of the Interior
s. 441, organ mountains-desert peaks conservation act
Thank you for inviting the Department of the Interior
(Department) to testify on S. 441, the Organ Mountains-Desert
Peaks Conservation Act. The bill designates eight new
wilderness areas and includes direction for future management
on additional public lands managed by the Bureau of Land
Management (BLM) in Dona Ana County, New Mexico. Secretary
Zinke, through Secretarial Order 3347, has pledged to expand
access to America's public lands and increase hunting, fishing,
and recreational opportunities nationwide. In addition,
Secretary Zinke is focused on restoring full collaboration and
coordination with local communities and making the Department a
better neighbor. The Department supports the goals of S. 441
that are consistent with the Secretary's priorities and would
like to work with Congress to make sure the Secretary's
priorities are appropriately considered.
In addition, the Department supports Congressional action
to resolve issues of wilderness designation and release of
wilderness study areas (WSAs) on public lands across the West,
and we welcome opportunities to further those efforts. However,
we want to ensure that designating public lands outside of
existing WSAs as wilderness is the most appropriate management
tool and that it does not unnecessarily impede public access or
limit outdoor recreational opportunities. Furthermore, the
Department is concerned that the sponsor's language regarding
our Nation's security needs along the southern border with
Mexico does not adequately address the Administration's
priority of making America safe through effective management of
the borderlands. We recommend a number of important
modifications to the bill to address these critical issues.
Background
Dona Ana County, New Mexico, covers just over 3,800 square
miles and is home to Las Cruces, one of the fastest-growing
cities in the country. BLM-managed public lands in this part of
New Mexico provide significant opportunities for economic
development and jobs, outdoor recreation, traditional uses, and
conservation. The Organ Mountains, east of the city of Las
Cruces, dominate the landscape. Characterized by steep,
angular, barren rock outcroppings, the Organ Mountains rise to
nearly 9,000 feet in elevation and extend for 20 miles, running
generally north and south. The Organ Mountains feature mixed
desert shrubs and grasslands in the lowlands transitioning to
pinyon and juniper woodlands, and finally to ponderosa pines at
the highest elevations. These lands are an important recreation
area, with multiple hiking trails, a popular campground, and
opportunities for hunting, mountain biking, and other dispersed
recreation.
On the west side of Las Cruces are the mountain ranges and
peaks of the Robledo Mountains and Sierra de las Uvas, which
make up the Desert Peaks area. These desert landscapes feature
numerous mesas and buttes interspersed with deep canyons and
arroyos and serve as habitat for mule deer, mountain lions,
golden eagles, and other raptors. This area also provides
varied dispersed recreational opportunities.
To the southwest of Las Cruces, near the Mexican border, is
the Potrillo Mountains Complex, which is characterized by
cinder cones, volcanic craters, basalt lava flows, and talus
slopes. These lands are noted for their abundant wildlife and
fossil resources. A well-preserved giant ground sloth skeleton,
now housed at Yale University, was discovered in this area. The
Potrillo Mountains offer excellent opportunities for hiking,
hunting, photography, and other forms of outdoor recreation.
S. 441
S. 441 designates eight wilderness areas in Dona Ana
County. The bill provides for the management and future
transfer of land from the Department of the Defense (DOD) to
the BLM, withdraws certain additional lands from disposal,
mining, and mineral leasing, and includes provisions related to
border security, the management plan for the Organ Mountains-
Desert Peaks National Monument (Monument), and acquisition of
specified State trust land adjacent to the Desert Peaks area of
the Monument.
Wilderness
Section 3 of S. 441 designates eight wilderness areas
totaling approximately 242,000 acres. Of these lands,
approximately 197,000 acres are within existing WSAs and
approximately 45,000 acres have not previously been identified
as suitable for wilderness by the BLM. This section also
releases approximately 30,200 acres from WSA status. The
Department notes that the lands proposed for wilderness
designation by S. 441 generally serve as habitat for a
diversity of plant and animal life and provide important
opportunities for hiking, hunting, rock climbing, horseback
riding, and other forms of outdoor recreation in the New Mexico
desert near Las Cruces.
Only Congress can determine whether to designate WSAs as
wilderness or to release them for other multiple uses. The WSAs
included in the proposed wilderness designations have been
pending final resolution by Congress since 1991. The
Department, therefore, supports Congress settling the status of
these lands, which would provide certainty to public land users
in this part of Dona Ana County.
Pursuant to the priorities outlined by Secretary Zinke, we
would like the opportunity to work with the sponsors and the
Subcommittee to ensure that wilderness designation on public
lands outside of existing WSAs is the most appropriate
mechanism to adequately protect these areas. Alternative
management approaches could conserve sensitive resources while
still accommodating the full range of uses and activities
permitted on other BLM-managed lands within the Monument.
In addition, we would like to work with the sponsors on
minor and technical amendments to this section, including
boundary modifications for enhanced manageability and to
provide access to public trails and private inholdings. In
addition, as currently drafted, we do not believe that the bill
provision authorizing paragliding to continue in this area
after wilderness designation would achieve what we understand
to be the sponsors' intended objective. As a result, we would
like to work with the sponsors and Subcommittee on amendments
to the paragliding management language that aid implementation
and ensure consistency with the Wilderness Act.
Within the proposed Robledo Mountains Wilderness, a small
corridor of approximately 100 acres has been designated as
``potential wilderness'' by section 3(l) of S. 441. The lands
included in this potential wilderness contain a communications
right-of-way. It is our understanding that it is the intention
of the sponsors to allow the continued use of this site, which
is important to the Elephant Butte Irrigation District, U.S.
Border Patrol, New Mexico State Police, and others. However, in
the event that the communications right-of-way were
relinquished and the lands were reclaimed in the future, they
would become part of the wilderness area. The Department does
not necessarily object to this provision, but we believe there
are alternative approaches that would preserve this important
use.
Fillmore Canyon
Section 3(k)(4) of the bill authorizes hunting, hiking,
wildlife viewing, camping, and other outdoor recreational
activities on approximately 2,035 acres of land. This land is
currently part of the Army's Fort Bliss and includes the scenic
Fillmore Canyon, as well as the western slopes of Organ Peak
and Ice Canyon. This section requires the DOD to develop an
outdoor recreation plan for the area that is consistent with
its primary military mission and permits the DOD to close all
or a portion of the area to protect public or military member
safety. In the event that the DOD determines that military
training capabilities, personal safety, and installation
security would not be hindered, the DOD would be required to
transfer administrative jurisdiction of the area to the BLM.
After such a transfer of jurisdiction, the bill immediately
withdraws the area from the public land, mining, and mineral
leasing laws. At the DOD's request, the BLM would be required
to enter into a Memorandum of Understanding (MOU) providing for
the conduct of military training within the area and, to the
maximum extent practicable, for the protection of natural,
historic, and cultural resources. The Department supports this
section as it would improve access to an area popular with the
public. We would, however, like to work with the sponsors and
the Department of the Army on language that we believe would
enhance implementation.
Additional Withdrawals
Section 3(k) of the legislation provides for the withdrawal
of two parcels of BLM-managed lands from the public land,
mining, and mineral leasing laws. The parcel designated as
``Parcel C'' is approximately 1,300 acres of BLM-managed lands
on the eastern outskirts of Las Cruces. This parcel is a
popular hiking and mountain biking site and provides easy
access to the peak of the Tortugas Mountains. The larger 6,500-
acre parcel, designated as ``Parcel B,'' lies on the southern
end of the Organ Mountains area of the Monument and provides a
number of current uses, including oil and gas pipelines (mainly
natural gas), fiber optic lines for telecommunications, and
transportation (State Route 404). The Department also notes
that the Sierra Vista National Recreation Trail traverses
Parcel B and connects to the Franklin Mountains in Texas. We
would like the opportunity to work with the sponsors and the
Subcommittee to ensure that withdrawal is the best mechanism
for ensuring that these important uses continue. Alternative
management approaches could protect recreational opportunities
and conserve resources while still accommodating the full range
of uses and activities permitted on other BLM-managed lands.
Under the Federal Land Policy and Management Act (FLPMA), for
example, the BLM currently manages public lands within the
Monument for a variety of uses, such as conservation, watershed
protection, hunting, fishing, and other forms of recreation,
and livestock grazing. If Congress chooses to proceed with the
proposed withdrawal, the Department would like to work with the
sponsors on language accommodating potential maintenance of and
improvements to State Route 404.
Border Security
The Department is strongly committed to securing our
Nation's borders and promoting a safe and secure environment
for the public, employees, and users of lands managed by the
BLM, National Park Service, U.S. Fish and Wildlife Service, and
Bureau of Indian Affairs. The BLM and other Department bureaus
regularly coordinate and collaborate with local, State, Tribal,
and Federal partner agencies on border safety, security, and
environmental protection, including protecting public land
resources from the impacts of crimes such as smuggling.
S. 441 includes a number of provisions regarding border
security to provide flexibility to the Department of Homeland
Security (DHS) and other law enforcement agencies. First, the
legislation releases approximately 30,200 acres from WSA status
along the southern boundary of the proposed Potrillo Mountains
Wilderness. Within an approximately 16,500-acre area along that
southern border, designated as ``Parcel A'', the bill charges
the Secretary with protecting the wilderness character, to the
extent practicable, while at the same time allowing for the
installation of communications and surveillance facilities that
may be necessary for law enforcement and border security
purposes. Finally, the bill keeps open for administrative and
law enforcement uses an east-west route bisecting the proposed
Potrillo Mountains Wilderness.
While the Department is encouraged to see the WSA release
along the southern boundary of the Potrillo Mountains, we
believe it is not the appropriate time to permanently encumber
Federal borderlands with restrictive designations. The
Department recommends that the entire Potrillo Mountains area
be removed from WSA until such time as DHS has achieved
operational control. Furthermore, the Department will
coordinate with DHS and the Subcommittee to develop language
that ensures access for the U.S. Border Patrol to conduct
routine patrols, perform road maintenance, and position
equipment to proactively deter illegal border crossings. The
limitation to enter wilderness only during pursuit as described
in the legislation, but already permitted by law, puts our
Border Agents at a disadvantage in completing their statutory
mission.
Monument Management Plan & Land Exchange
Section 5(a) of the bill requires that the Monument
management plan include a watershed health assessment to
identify opportunities for watershed restoration. The BLM,
along with many partners, has undertaken restoration efforts on
nearly two million acres in New Mexico, with the goal of
restoring grasslands, woodlands, and riparian areas to their
original healthy conditions. The BLM will continue to implement
appropriate land restoration activities that will benefit
watershed and wildlife health.
Section 5(c) of S. 441 requires the Secretary, within 18
months, to ``attempt to enter into an agreement'' with the
Commissioner of Public Lands of New Mexico to exchange
approximately 11,000 acres of State trust land within the
Desert Peaks area of the Monument to the BLM and an unspecified
acreage of BLM-managed public lands to the State. The BLM-
managed lands to be exchanged to the State would be jointly
identified by the Secretary and Commissioner of Public Lands of
New Mexico. While the Department appreciates the use of
standard appraisal and equalization of values language, we
believe that this section as currently drafted could
inadvertently affect land exchanges elsewhere in New Mexico
where significant biological, cultural, and recreational values
are present. The Department would like the opportunity to work
with the sponsors and Subcommittee on time frames and language
ensuring that the BLM retains the flexibility to accomplish
other important land exchanges.
Conclusion
The Department supports the goals of S. 441 that are
consistent with the Secretary's priorities and would like to
work with Congress to make sure the Secretary's goal of
enhancing recreational opportunities on Federal lands is
appropriately considered. The Department also supports
Congressional action to resolve wilderness designation and WSA
release issues, but would like to ensure that designating
public lands outside of existing WSAs as wilderness is the most
appropriate management tool. We recommend a number of important
modifications to the bill to address these critical issues.
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 S. 441 as ordered reported.
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