[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1170 Reported in Senate (RS)]







                                                       Calendar No. 264
109th CONGRESS
  1st Session
                                S. 1170

                          [Report No. 109-163]

 To establish the Fort Stanton-Snowy River National Cave Conservation 
                                 Area.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2005

 Mr. Domenici (for himself and Mr. Bingaman) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            October 27, 2005

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To establish the Fort Stanton-Snowy River National Cave Conservation 
                                 Area.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Fort Stanton-Snowy River 
National Cave Conservation Area Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Conservation area.--The term ``Conservation 
        Area'' means the Fort Stanton-Snowy River National Cave 
        Conservation Area established by section 3(a).</DELETED>
        <DELETED>    (2) Management plan.--The term ``management plan'' 
        means the management plan developed for the Conservation Area 
        under section 4(c).</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior, acting through the Director of the 
        Bureau of Land Management.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL 
              CAVE CONSERVATION AREA.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Boundaries.--The Conservation Area shall include--
</DELETED>
        <DELETED>    (1) the minimum subsurface area necessary to 
        provide for the Fort Stanton Cave, including the Snowy River 
        passage in its entirety (which may include other significant 
        caves); and</DELETED>
        <DELETED>    (2) the minimum surface acreage, as determined by 
        the Secretary, that is necessary to provide access to the cave 
        entrance.</DELETED>
<DELETED>    (c) Map and Legal Description.--</DELETED>
        <DELETED>    (1) In general.--As soon as practicable after the 
        date of enactment of this Act, the Secretary shall prepare a 
        map and legal description of the Conservation Area.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 4. ADMINISTRATION OF CONSERVATION AREA.</DELETED>

<DELETED>    (a) In General.--The Secretary shall administer the 
Conservation Area--</DELETED>
        <DELETED>    (1) in accordance with the laws (including 
        regulations) applicable to public land and the management plan 
        required by this Act; and</DELETED>
        <DELETED>    (2) in a manner that provides for--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) public access, as appropriate, while 
                providing for the protection of the cave resources and 
                for public safety;</DELETED>
                <DELETED>    (C) the continuation of other existing 
                uses and new uses of the Conservation Area that do not 
                substantially impair the purposes for which the 
                Conservation Area is established;</DELETED>
                <DELETED>    (D) the protection of new caves within the 
                Conservation Area, such as the Snowy River passage 
                within Fort Stanton Cave;</DELETED>
                <DELETED>    (E) the continuation of such uses on the 
                surface acreage as exist under management action in 
                place prior to designation of the Conservation Area by 
                this Act; and</DELETED>
                <DELETED>    (F) 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.</DELETED>
<DELETED>    (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 this Act 
for inclusion in the Conservation Area, are withdrawn from--</DELETED>
        <DELETED>    (1) all forms of entry, appropriation, or disposal 
        under the general land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) operation under the mineral leasing and 
        geothermal leasing laws.</DELETED>
<DELETED>    (c) Management Plan.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Purposes.--The management plan shall--
        </DELETED>
                <DELETED>    (A) describe the appropriate uses and 
                management of the Conservation Area;</DELETED>
                <DELETED>    (B) incorporate, as appropriate, decisions 
                contained in any other management or activity plan for 
                the land within or adjacent to the Conservation 
                Area;</DELETED>
                <DELETED>    (C) take into consideration any 
                information developed in studies of the land and 
                resources within or adjacent to the Conservation Area; 
                and</DELETED>
                <DELETED>    (D) engage in 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.</DELETED>
<DELETED>    (d) Activities Outside Conservation Area.--</DELETED>
        <DELETED>    (1) In general.--The fact that an activity or use 
        is not permitted inside the Conservation Area shall not 
        preclude--</DELETED>
                <DELETED>    (A) the conduct of the activity on land, 
                or the use of land for the activity, outside the 
                boundary of the Conservation Area, consistent with 
                other applicable laws (including regulations); 
                or</DELETED>
                <DELETED>    (B) any activity or use, including new 
                uses, on the surface land above the Conservation Area 
                or on any land appurtenant to that surface 
                land.</DELETED>
        <DELETED>    (2) Management.--The surface land described in 
        paragraph (1)(B) shall continue to be managed for multiple uses 
        in accordance with all applicable laws (including 
        regulations).</DELETED>
<DELETED>    (e) Research and Interpretive Facilities.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may establish 
        facilities for--</DELETED>
                <DELETED>    (A) the conduct of scientific research; 
                and</DELETED>
                <DELETED>    (B) the interpretation of the historical, 
                cultural, scientific, archaeological, natural, and 
                educational resources of the Conservation 
                Area.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (f) Water Rights.--Nothing in this Act constitutes an 
express or implied reservation of any water right.</DELETED>

<DELETED>SEC. 5. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

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 Area 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 acres.
    (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 Area 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 this 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.
                                                       Calendar No. 264

109th CONGRESS

  1st Session

                                S. 1170

                          [Report No. 109-163]

_______________________________________________________________________

                                 A BILL

 To establish the Fort Stanton-Snowy River National Cave Conservation 
                                 Area.

_______________________________________________________________________

                            October 27, 2005

                       Reported with an amendment