[Senate Hearing 109-157]
[From the U.S. Government Publishing Office]
S. Hrg. 109-157
CONVEYANCE OF LAND IN NEVADA; CONVEY LAND IN THE BEAVERHEAD-DEERLODGE
FOREST, MT; EXCHANGE LAND IN IDAHO; FORT STANTON-SNOWY RIVER NATIONAL
CAVE CONSERVATION AREA; AMEND THE PUBLIC LANDS CORPS ACT OF 1993; AND
REVOKE LANDS IN CIBOLA NATIONAL WILDLIFE REFUGE, CA
=======================================================================
HEARING
before the
SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
on
S. 703 S. 997
S. 1131 S. 1170
S. 1238 H.R. 1101
__________
JULY 20, 2005
Printed for the use of the
Committee on Energy and Natural Resources
______
U.S. GOVERNMENT PRINTING OFFICE
24-053 WASHINGTON : 2005
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
PETE V. DOMENICI, New Mexico, Chairman
LARRY E. CRAIG, Idaho JEFF BINGAMAN, New Mexico
CRAIG THOMAS, Wyoming DANIEL K. AKAKA, Hawaii
LAMAR ALEXANDER, Tennessee BYRON L. DORGAN, North Dakota
LISA MURKOWSKI, Alaska RON WYDEN, Oregon
RICHARD M. BURR, North Carolina, TIM JOHNSON, South Dakota
MEL MARTINEZ, Florida MARY L. LANDRIEU, Louisiana
JAMES M. TALENT, Missouri DIANNE FEINSTEIN, California
CONRAD BURNS, Montana MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia JON S. CORZINE, New Jersey
GORDON SMITH, Oregon KEN SALAZAR, Colorado
JIM BUNNING, Kentucky
Alex Flint, Staff Director
Judith K. Pensabene, Chief Counsel
Robert M. Simon, Democratic Staff Director
Sam E. Fowler, Democratic Chief Counsel
------
Subcommittee on Public Lands and Forests
LARRY E. CRAIG, Idaho, Chairman
CONRAD R. BURNS, Montana, Vice Chairman
CRAIG THOMAS, Wyoming RON WYDEN, Oregon
JAMES M. TALENT, Missouri DANIEL K. AKAKA, Hawaii
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
LAMAR ALEXANDER, Tennessee TIM JOHNSON, South Dakota
LISA MURKOWSKI, Alaska MARY L. LANDRIEU, Louisiana
GEORGE ALLEN, Virginia DIANNE FEINSTEIN, California
MARIA CANTWELL, Washington
Pete V. Domenici and Jeff Bingaman are Ex Officio Members of the
Subcommittee
Frank Gladics, Professional Staff Member
Scott Miller, Democratic Counsel
C O N T E N T S
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STATEMENTS
Page
Benna, Lawrence E., Deputy Director, Operations, Bureau of Land
Management, Department of the Interior......................... 11
Bingaman, Hon. Jeff, U.S. Senator From New Mexico................ 4
Boston, Dr. Penelope J., Ph.D., New Mexico Institute of Mining
and Technology, Socorro, NM.................................... 8
Burns, Hon. Conrad, U.S. Senator From Montana.................... 2
Craig, Hon. Larry E., U.S. Senator From Idaho.................... 1
Domenici, Hon. Pete V., U.S. Senator From New Mexico............. 3
Ensign, Hon. John, U.S. Senator From Nevada...................... 6
Holtrop, Joel, Deputy Chief, National Forest System, U.S. Forest
Service, Department of Agriculture............................. 21
Johnson, Keith, Controller, State of Idaho....................... 25
APPENDIX
Additional material submitted for the record..................... 31
CONVEYANCE OF LAND IN NEVADA; CONVEY LAND IN THE BEAVERHEAD-DEERLODGE
FOREST, MT; EXCHANGE LAND IN IDAHO; FORT STANTON-SNOWY RIVER NATIONAL
CAVE CONSERVATION AREA; AMEND THE PUBLIC LANDS CORPS ACT OF 1993; AND
REVOKE LANDS IN CIBOLA NATIONAL WILDLIFE REFUGE, CA
----------
WEDNESDAY, JULY 20, 2005
U.S. Senate,
Subcommittee on Public Lands and Forests,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2 p.m. in room
SD-366, Dirksen Senate Office Building, Hon. Larry E. Craig
presiding.
OPENING STATEMENT OF HON. LARRY E. CRAIG,
U.S. SENATOR FROM IDAHO
Senator Craig. Good afternoon, everyone, I would like to
thank you all for attending this hearing of the Public Lands
and Forests Subcommittee, the Committee on Energy and Natural
Resources. First, let me welcome--in absentia for the moment--
Senator Domenici, who will be here to testify. The ranking
member of the full committee, Senator Bingaman, is with us. I
would also like to welcome Senator Ensign, who is soon to
arrive. Senator Ensign is here to discuss his Las Vegas Motor
Speedway Land Conveyance bill, S. 703. Welcome to Joel Holtrop,
Deputy Chief of the National Forest System from the Forest
Service, and Larry Benna, Deputy Director of the Bureau of Land
Management. Thanks for coming to testify on these pieces of
legislation today. Last, I would like to welcome our two
outside witnesses, Dr. Penny Boston, from New Mexico, who is
here to testify on the Fort Stanton-Snowy River Cave
Conservation Act, S. 1170, and Keith Johnson, our State
Controller from my State of Idaho, who is here to testify on my
bill, S. 1131, the Idaho Land Enhancement Act. We will also be
taking testimony on S. 997, the Montana Land Conveyance for a
Historical Cemetery, S. 1238, an amendment by Senators
Feinstein, Bingaman and Domenici to the Public Land Corps Act
of 1993, and H.R. 1101, a bill to revoke a Public Land Order
related to a boundary on the Cibola National Wildlife Refuge.
We anticipate showing a video today of the Fort Stanton-Snowy
River National Cave Conservation Act before we take testimony,
and after, the committee chairman of the full committee,
Senator Pete Domenici, and Ranking Member, Senator Bingaman,
make their opening comments.
I do want to comment on my legislation, S. 1238--the Idaho
Land Enhancement Act. Most people know that I don't have a lot
of patience for waste or inefficiency in government. When I see
officials who are working to reduce waste or make a process
more efficient, that does catch my attention. In this instance,
I think the State and Federal officials are doing just that.
In May 2001, the residents of Boise decided to tax
themselves to fund efforts to secure open space in the Boise
Foothills. The Idaho Land Enhancement Act would authorize the
exchange of State lands in the Boise Foothills for Forest
Service and Bureau of Land Management lands in Idaho's
panhandle. Under this legislation, the people of Boise, the
Boise area, get more open space; and the State and Federal
agencies involved get a higher level of management efficiency
in other parts of the State.
The process has been very open and transparent from the
very beginning. I said that this must proceed in this manner,
with all parties interested being allowed to comment in an open
public process. That has been accomplished in a most admirable
way, and I appreciate the efforts of all of the parties
involved.
Additionally, the multi-agency group completed evaluations
of timber values, minerals, cultural resources, water rights,
legal access, wildlife, fisheries, vegetation, hydrology,
wetlands, threatened and endangered species, and specific types
of habitat. The evaluations show that no major environmental
effect will occur as a result of the exchange. The Nature
Conservancy have independently reviewed the data and compared
it to their eco-regional planning efforts and concluded that
the exchange has ``limited potential to impact biodiversity
values'' and they support the exchange.
The exchange is an example of how local, State, and Federal
partners can come together to collaboratively develop an
exchange in which both the public and the land are the ultimate
beneficiaries.
So, I want to thank all of those parties who have been
involved in this. I will now turn to Senator Domenici and
Senator Bingaman for their opening statements, and then to
other members who have statements, prior to a viewing of the
video.
Senator Domenici.
[The prepared statement of Senator Burns follows:]
Prepared Statement of Hon. Conrad Burns, U.S. Senator From Montana
Mr. Chairman, thank you for holding this hearing on S. 997, the
Montana Cemetery Act.
The Elkhorn Cemetery in Jefferson County has been used as a
cemetery since the 1860's. The cemetery is still used by families of
the original homesteaders and miners.
In the early 1900's, a survey was conducted to determine the
Beaverhead-Deerlodge National Forest boundaries. Because of surveying
errors and limited information, the Elkhorn Cemetery was included in
the National Forest lands. However, it is clear the cemetery was in use
prior to the designation of the National Forest.
However, Forest Service direction opposes burials on National
Forest lands, placing both the families and Forest Service in an
awkward position.
The Montana Cemetery Act conveys eight acres on the Beaverhead-
Deerlodge National Forest to Jefferson County, Montana for continued
use as a cemetery.
I understand the Forest Service is requesting consideration for the
market value of the property and for the administrative costs
associated with the conveyance. It should be noted Jefferson County has
already paid $5000 for a survey of the property. Since the County has
borne a good portion of the administrative costs, I feel this is
sufficient payment for the conveyance of eight acres.
I also am concerned the Forest Service feels the National
Environmental Policy Act (NEPA) process applies to this land conveyance
to ensure the historic and cultural values of the cemetery are
maintained. I believe Jefferson County and the Montana State Historic
Preservation Office can develop a plan that will ensure a reasonable
level of protection for the cemetery. In addition, the ownership of the
cemetery will revert to the Forest Service if the use of the land is
changed.
The legislation is important to the residents of Jefferson County
who want to legally inter family members in the cemetery. The Jefferson
County Commissioners and residents of Jefferson County are supportive
of this legislation.
I look forward to the Forest Service's testimony on this bill.
STATEMENT OF HON. PETE V. DOMENICI, U.S. SENATOR
FROM NEW MEXICO
The Chairman. Thank you, Mr. Chairman. Both Senator
Bingaman and I, as you know, are part of a conference on
energy, and we very much appreciate your permitting us to go
first on this agenda. I will be very brief.
In my home State, we have a new and exciting natural wonder
that was discovered near Fort Stanton, New Mexico. I've had the
luxury of going out to the site and having the video presented
to me in the presence of many of the volunteers who were part
of the excavation and found this. This exploration has
continued over the years in other areas, but in 2001 further
exploration led to the discovery by BLM volunteers, many of
whom I have met, of a more than 2 mile-long snow white
continuous calcite formation, which we see here on the right
picture. It is too bad that many more hundreds of people can't
get down there, but for now the entryway is rather difficult,
and it's hard to get through, and volunteers go through in
pairs or in foursomes, and with new modern cameras have been
able to take pictures and send them out.
I was privileged to talk to the underground explorers by
radio when I was at home, and they were having a marvelous time
trying to explain the beauty of this. I'm certain that at some
time, consistent with appropriate conservation, more people
will be able to see it in person, but it never will be one
that's open to thousands of people. But it is the world's
largest formation of this type of calcite, and gives the
scientific community many opportunities for exploration and for
scientific evaluation. We don't know the full potential of that
yet.
I'm very grateful that my colleague, Senator Bingaman, has
agreed to co-sponsor this, and I thank the people from New
Mexico that are here; in particular, Dr. Penny Boston, who is a
director of the Cave and Karst Studies Program at New Mexico
Tech. Thank you very much.
Senator Craig. Thank you, Senator Domenici.
Senator Bingaman.
STATEMENT OF HON. JEFF BINGAMAN, U.S. SENATOR
FROM NEW MEXICO
Senator Bingaman. Thank you, Mr. Chairman, I'm glad to be
here also, and thank you for letting us speak at the start of
this hearing. S. 1107, introduced by Senator Domenici and co-
sponsored by me, is one of the bills you're having testimony on
today. This is legislation to designate a conservation system
for the Fort Stanton-Snowy River National Cave Conservation
System. This is very consistent with what we have found in
other parts of New Mexico. Of course, Carlsbad Caverns has been
known for a very long time, Lechuguilla Cave is extremely well
recognized internationally now for its size and features, and
this will be, in addition to that. We do have this National
Cave and Karst Research Institute that Congress established
back in 1998, and that, of course, gives us some ability to do
additional research. I want to join Senator Domenici and, in
particular, Dr. Penny Boston for her work on this effort,
particularly at New Mexico Tech. I know she is the expert, and
has done a lot of the research that has been done to date, and
so I look forward to seeing this video, and understanding a
little better what this find entails. I think it is very good
news, and I strongly support the effort to provide appropriate
protection, thank you.
Senator Craig. Thank you very much, Senator Bingaman. So
that we can hold this testimony on this specific issue
together, we will show the video, and then we'll come to
Senator Ensign. Your time allows that, John? It's a brief
video. Thank you. And I would ask Larry Benna if he might do
the narrative of this. And why don't you sit at the table and
activate that mike, that would be great.
[Video played.]
Mr. Benna. What you're seeing here are some of the cavers
going through a smaller passage that leads into the larger
caverns of the cave. This particular area is about 900 feet
long, and about 600 feet of it is as tight crawling as you see
here. There's also about 200 feet of it that consists of
vertical climbs, as well as crawling on your hands and knees.
Senator Craig. I can understand why Senator Domenici didn't
go down there, neither would I.
[Laughter.]
Mr. Benna. It's very tight quarters in many instances, it's
clearly a safety issue here, so this is a concern about
limiting access to other than specific cavers.
What you're seeing here is the cavers are measuring the
rate of air flow that is coming through the passages. You can
see by the flag that is waving that the air flow is rather
rapid. Air here is being measured at about 15 miles per hour,
and they measures this consistently for several hours. The
significant part of this is that the rate of air flow that
rapid denotes that the size of the passages are probably a lot
larger than what they've discovered so far, so the extent of
the cave is quite a bit more.
Senator Bingaman. What is the source of the air that is
coming out of there? I mean, why do you have that air
constantly flowing out of there? Or is that not the right
question?
Mr. Benna. The Doctor can answer that.
Senator Bingaman. I'm sorry, I was jumping ahead, thanks.
Senator Craig. Dr. Boston, in her testimony, will get to
it.
Mr. Benna. What you're seeing here are, there's a lot of
different formations within the cave, these are starlight
formations, they have been named Starry Nights, what they
actually are, are gypsum that has come through the bedrock of
the caves themselves.
Senator Craig. Are any of these formations unique to this
cave, not found in other cases?
Mr. Benna. Yes, I believe they are. These are similar-type
formations, you can get a better idea of them on the roof of
one of the caves. This gives you an idea of some of the larger
parts of the caves. Here you can see the clothing that the
cavers are wearing. When they get into the cave, they bring in
new clothing in plastic bags. That's to make sure there's no
outside contamination that comes into the cave. Originally, I
understand they were using some sort of an overall suit, but
because of the sharpness and the abrasiveness of the
formations, they were getting torn, so they found that just a
set of clean clothes accomplished the same objective.
What you see here is a close up of one of the calcite
formations, and again, this gives you an idea of how rough and
abrasive the actual surface is.
Here's another photo of the cavers actually walking along
the calcite formations on the floor of the cave, and its river-
like appearance is what gives it the name Snowy River Caves.
Just for your information, I'm told the combined caving
experience of these five cavers is about 100 years.
And this stretch of the cave actually extends for more than
2 miles. This is a close up of what's called ``mound shaped
clouds of calcite'' and this, I'm told, is a very uncommon
formation, and it is really not known how this formation was
formed. Extremely unique, high scientific value, a very
significant find.
Thank you.
Senator Craig. Larry, thank you very much, that was
fascinating.
The Chairman. Senator Bingaman, you asked a question about
the volunteers in this area, always looking for caves, and how
they get actually excavated down quite a bit, and quit, and
then some new cavers, the ones that found it, got down in that
hole and started digging a little bit more. And out came this
constant flow of air, which meant there was a big cave under
there, and they decided then to proceed. They got to the edge
of something, and down about 8 or 9 feet was something, and
they climbed down that and they found this cave which is right
in the midst of everything. These volunteers, who worked there
for years, and the lead man came upon it. He was there when I
was there, talking about that experience. It is the wind coming
out that gives you the idea that underground there is some
activity, there is a cave that has some in and out flow, but
somebody can explain that more technically; but that's what I
understand.
Thank you, Mr. Chairman.
Senator Craig. To both of you, thank you very much.
Now we will turn to our colleague, John Ensign, for
testimony in relation to the Las Vegas Speedway Bill.
STATEMENT OF HON. JOHN ENSIGN, U.S. SENATOR
FROM NEVADA
Senator Ensign. Thank you, Mr. Chairman, I appreciate this
opportunity to come before you and testify on this piece of
legislation. If I could just ask that my full statement be made
part of the record, and then I can summarize it as quickly as
possible.
Senator Craig. Without objection.
Senator Ensign. The bill would authorize the sale, at fair
market value, of 115 acres next to the Las Vegas Motor Speedway
for use as a parking lot and no other use. If it was to be used
for anything else, it would be reverted back to the taxpayers.
The reason for this is obviously you don't want--and this is
the reason that Las Vegas Motor Speedway is telling us they
need it for parking--we have huge events now, NASCAR events,
that keeps growing and growing and growing and they need this
land for parking. We didn't want somebody just doing this and
speculating and flipping the land and making a huge profit off
of the Government, some may ask, because I'm the one who came
up with the auction process in the first place in southern
Nevada for BLM lands, why would we auction this land? Well, you
can see, if it's just being used for a parking lot, you put it
up for auction, somebody out there could basically outbid the
people at the Speedway and then hold them hostage for this
piece of property, and the Las Vegas Motor Speedway has been
fantastic for the economy of southern Nevada, and we're not
trying to get them for anything but fair market value, and we
think this is the right way to go, to do a directed sale at a
fair market value price.
The administration has put forward a proposal to--instead
of the proceeds being used in the way we've talked about them--
they've put forward a proposal that they would want money going
into the treasury, that should scare every Western Senator,
because no other Western State is treated that way by the BLM,
it's either auctioned, or any other way. We know we at least
have the BACA process where the money stays in that State to
buy environmentally sensitive lands in that State, and we're
certainly willing to look at that. We've proposed a similar
modeling for the money we have with the Southern Nevada Public
Lands Management Act, because that's worked so well for our
State for some time.
Just to wrap things up, I think that it's obviously a
simple piece of legislation, that's above-board and at a fair
market value. Good appraisals can be done on this, and I think
that it could be done to where the benefits go to the general
public, because the money would be used for general public
purposes. The southern Nevada economy is benefited because
you've provided additional parking for the Las Vegas Motor
Speedway.
So, I'd be more than happy to answer any questions that you
may have.
[The prepared statement of Senator Ensign follows:]
Prepared Statement of Hon. John Ensign, U.S. Senator
From Nevada, on S. 703
Mr. Chairman, Senator Wyden, thank you very much for holding a
hearing today on S. 703, a bill to sell Bureau of Land Management Land
near Las Vegas, Nevada, to the Las Vegas Motor Speedway.
This bill is straightforward. S. 703 would require the Secretary of
the Interior to sale approximately 110 acres of federal land to the Las
Vegas Motor Speedway for use as a parking lot. The land is adjacent to
the existing Speedway facility. S. 703 is supported by the entire
Nevada Congressional Delegation and all local governments in southern
Nevada.
The land is critically needed to provide outdoor parking to
accommodate the increasing number of visitors who attend NASCAR events
at this premier facility near Las Vegas. The last NASCAR event in March
2005 drew 156,000 participants in an estimated 30,000 vehicles. Due to
the popularity of these events, the Speedway is adding an additional
14,000 seats. The addition of parking is necessary to ensure the long-
term viability of the facility which is inextricably linked to Las
Vegas' standing as a multi-faceted entertainment destination for
millions of tourists from around the world. NASCAR events are a major
boost to Las Vegas' tourist-based economy. Typically, all hotel rooms
in the region are fully booked when the Speedway hosts major events.
S. 703 specifies that the BLM land must be sold to the Speedway at
Fair Market Value. The land may only be used as a parking lot so the
taxpayers' interest is protected--the land cannot be converted or sold
for another use. Proceeds would be disbursed in accordance with the
Southern Nevada Public Land Management Act of 1998 (SNPLMA). The land
is not encumbered by any other existing rights.
I am certain the Administration will advocate an auction, as
opposed to a direct sale, of the land. An auction will not work in this
particular instance. The land identified for sale to the Speedway in S.
703 is outside the disposal boundary established by the Southern Nevada
Public Land Management Act of 1998 (SNPLMA). SNPLMA established a
boundary around the Las Vegas Valley for BLM land disposal with the
understanding that the BLM land inside the boundary was suitable for
development (either residential or commercial). A directed sale at Fair
Market Value ensures that the land will only be used as a parking lot--
an auction would allow real estate speculators to purchase and hold the
land for a purpose that is inconsistent with local planning (which is
not permitted by SNPLMA) and does not solve the parking problem at the
Speedway.
As the author of the SNPLMA, I have not supported direct sales of
land within the disposal boundary because I believe competition brings
the highest price--and return to taxpayers--in a region where land is
valuable and expensive. However, there will inevitably be a few
instances where a direct sale is warranted. The economic benefit
derived from the Speedway events is important to all citizens in
southern Nevada.
I am willing to work with the Committee to address any concerns you
might have with this measure. S. 703 without question has some
ambitious timelines for the required appraisal and completion of other
administrative requirements. While this bill proposes a straightforward
sale, I want the sale to be carried out properly.
Thank you for holding this hearing and I look forward to working
with you to move this bill forward expeditiously.
Senator Craig. Senator, any questions?
Senator Bingaman. I have none.
Senator Craig. John, thank you very much for your
testimony. I know this committee over the years in working with
you and Senator Reid has been as sensitive as it could be to
the land-locked character, if you will, of your State, that is
90 plus percent public, if I remember correctly, isn't that
correct? We both struggle with that situation in trying to
allocate lands and growing in populated areas to public use or
to other uses that are now public, State and in almost all
instances, Federal land, so we thank you for bringing this
before us.
Senator Ensign. And I thank you, and I just wanted to
comment, by the way, on that video. That was really a neat,
deep, geologic repository, I don't know what for, but just kind
of a little experience with those--just a little joke there,
Mr. Chairman.
[Laughter.]
Senator Craig. Unlike Yucca Mountain, that has no air
flow----
Senator Ensign. I just thought that was such a nice,
natural one, I could see a lot of uses for it.
Senator Craig. John, you and I both know growing up that
walking past an anthill, it's often best to leave it unkicked.
[Laughter.]
Senator Craig. Thank you very much. For the sake of Senator
Bingaman being here in relation to the New Mexico bill, we
would ask Dr. Penelope Boston, director of Cave and Karst
Studies Program, Department of Earth and Environmental
Sciences, New Mexico Tech, and Larry Benna, Deputy Director of
Bureau of Land Management, Department of the Interior, to come
forward.
And I'll tell you what, Larry, we will ask you to do the
Cave Bill first, and we will also ask Dr. Boston to do that, on
behalf of our ranking member here, and then we will get on with
the balance of the bills, and our other witnesses today. So,
Dr. Boston, welcome before the Public Lands and Forests
Subcommittee. Please proceed.
STATEMENT OF DR. PENELOPE J. BOSTON, PH.D., NEW MEXICO
INSTITUTE OF MINING AND TECHNOLOGY, SOCORRO, NM
Dr. Boston. Thank you very much, I'm very happy to be here
today to talk about a really spectacular find. You've had the
opportunity to see it briefly, I just want to summarize a few
of the main points that make this a very special find, and well
worthy of this new class of conservation area within the BLM.
It's a world-class find, there's nothing else like it. Not
only is it a lot of beautiful, sparkling white calcite, but it
has genuine--and I think--unique scientific value in many
different areas. Because this is very long, of course, that is
what caught our attention initially, but the other aspect is
it's actually a quite deep and thick deposit, we have very
little data about it, but one of the things we do know is that
from age dating right at the very top of this formation, that
is a very young formation at the top, it is between 600 and
1,000 years old.
We suspect that the history of this formation probably
captures geochemical signals that can illuminate, perhaps, the
last 10,000 years of climate change within the area. Recording
the hydrology of the Sacramento Mountains, and of course the
hydrology of the mountain and desert regions are of extreme
importance to the entire Western part of the United States. So,
it's a unique opportunity to find continuously formed
structures that can capture those record systems.
My own area of specialization is geo-microbiology, and I
was on the initial science assessment into the cave. I was
surprised and pleased to see black crust all over the walls,
and to me, black crust means that organisms, microorganisms,
have been at work there. The black crust, lime cavity within
which Snowy River exists, and clearly pre-date it. We took
samples of it, and tried to grow organism from it, and I was
expecting to, perhaps, get lucky and hit a few and we turned
out to get hundreds and probably thousands of new species,
microorganisms that are novel that is unknown to science, so
this is a very active material, these kinds of organisms we
study in many of the caves in New Mexico and elsewhere in the
United States and abroad, and they have great significance in
terms of being geological agents. Many of them actually break
down the bedrock, so they're essentially rock-eaters, and other
ones actually precipitate minerals--manganese and iron, gold,
uranium, copper--and it now becomes clear to our science that
these organisms play a major role, perhaps, in the deposits of
low temperature economic minerals, and so they have many other
ramifications.
The final point within the geo-microbiological realm is
that there are types of bacteria known as actinomycete and
streptomycetes that abound in Snowy River, and, in fact, in
Fort Stanton Cave in general, and these are the organism groups
from which we get all of our antibiotics, and so the
biodiversity potential of this cave is very great.
The other point about it that is significant is that it was
really written off as a ``trash cave.'' As you probably know,
caves are uniquely subject to vandalism, being used as trash
pits and things of that sort, so this was a very badly abused
cave until a few decades ago when volunteers, working with the
BLM, cleaned it up and began to protect it, put in gates, put
in a fence around it, so I think it is an illustration of a
great success story.
With regard to the piece of legislation at hand, caves and
karst terrains present unique management challenges to the land
agencies, and so therefore this is an opportunity to protect
the surface and subsurface region that directly affects this
cave.
Caves are unique insofar as not only the cave itself is
critical to itself, but also it is at the bottom of a catchment
area, and so therefore anything that comes into that catchment
drainage area will find its way to the cave and karst aquifers
and karst terrain is highly fractured, and so material that you
put in at the top goes right to the basement level, very, very
quickly with no filtration. The extent of the cave system is
currently unknown, but of course as we've seen with Jewel Cave
in South Dakota, the size of the cave and the boundaries put
around it need to grow as the cave is further explored. The
tremendous amount of airflow coming out of this cave mentioned
before implies that there's a large cavity underground, that
there's much more of this cave yet to be explored, and so
therefore the feature of having a somewhat elastic boundary is
to allow for further exploration is critical. As it goes to
features, the surface protection as well as the subsurface
protection, and a certain degree of flexibility in the area of
the catchment basin we can protect are critical features of
this legislation. So, I strongly support it, thanks.
[The prepared statement of Dr. Boston follows:]
Prepared Statement of Dr. Penelope J. Boston, Ph.D., New Mexico
Institute of Mining and Technology, Socorro, NM
WHY CARE ABOUT CAVES AND KARAT TERRAIN?
Human beings live primarily on Earth's surface and are intimately
familiar with much of the biology, geology, and other natural features
that make up what we think of as our planet. But, beneath our feet in
many parts of the world is an entirely unseen realm of great beauty,
fragile biology, exquisite minerals, and a window inside the very skin
of Earth. This realm is composed of Earth's many caves, places that
differ so much from the overlying surface environment that people often
feel that they might as well be on another planet.
For those whose only experience of caves is an occasional childhood
trip to a developed tourist cavern, the enormous diversity of Earth's
subsurface comes as a surprise. Caves can be tiny or immense and
labyrinthine. They can be filled with water, filled with air or other
gases, or even have major rivers and sinking streams running through
them. Although most caves are formed in soluble rocks like limestone
and dolomite, every major rock type can be acted on by cave-forming
geological and hydrological processes. Some can be entered by natural
openings while others are accidentally discovered during construction
or road-building activities. There are jewel-like caverns in marble in
California, sinkholes and caverns thickly dotting the rolling green
landscape of the Cumberland Plateau and beyond, dramatic vertical
systems in some of our jagged dolomite mountain ranges, tubes formed
from molten lava on the flanks of volcanoes in New Mexico and the
Pacific Northwest, rock shelters eroded into sandstone sea cliffs along
many of our coasts, granite fissure caves in the New England states and
many more varieties.
The term ``karst'' is a word that refers to landforms created by
dissolving soluble rocks. Caves are one of the most characteristic
features that occur typically in karst terrains. Besides caves, karst
is frequently characterized by sinkholes that are potential geohazards
to people and their structures but also can be water resources for
wildlife. Aquifers that occur in karst, i.e., in highly fractured
limestone or dolomite rock, are very different from ordinary sand
aquifers. In the latter, water percolating from above takes time to
move through the pores of the aquifer down to the water table. This
relatively slow process through very small rock pores enables extensive
filtration of the water to occur, thus helping to purify the water. In
the case of karst aquifers, the water has a very rapid path through the
many fractures in this type of rock, thus, if a pollutant enters a
karst system at the surface, it practically has a super highway trip
down to the water table. Little filtration can occur, thus making karst
aquifers very susceptible to pollution. Karst terrain and caves impose
extra and highly specialized management burdens on our land management
agencies charged with their protection.
Despite the wonders of the underground world, caves and karst
landforms are part of perhaps the least protected of all of our
wilderness treasures. Because we don't normally see them, out of sight
is indeed out of mind. They have perennially been used as trash pits
for all types of waste including even hazardous chemicals spilled or
even purposely introduced toxic substances. The introduction of such
foreign material into a delicately balanced, low organic nutrient
system like a cave is tremendously detrimental to both the geology and
especially the living organisms from microbes to delicate transparent
cave fish and salamanders that live within them. Caves are regularly
vandalized, their decorations removed for illicit sale or simply
thoughtlessly smashed, the precious archaeological and paleontological
remains in many caves are looted or destroyed. With the advent of the
Internet and GPS technology, cave locations kept secret for decades
have now become public knowledge attracting additional vandalism and
looting.
Over the past few decades, the recreational caving community, cave
scientists (speleologists), and conservationists have made major gains
in raising the awareness of the public about the fragile nature of cave
systems and the precious geological and biological resources that are
housed within them. Many of these individuals, local caving groups
(known as ``grottoes''), and major organizations like the National
Speleological Society, the American Cave Conservation Association,
Karst Waters Institute, and others have worked closely with BLM, U.S.
Forest Service, and NPS personnel to help in the management, scientific
study, and conservation of the Underground. Indeed, caver volunteer
hours are being documented in some areas and amount to literally tens
of thousands of person-hours, often of highly skilled technically and
scientifically trained people. The caves of the United States have
benefited enormously from this major volunteer effort. However,
volunteer efforts alone can go only so far. We must provide our land
management agencies like the BLM with the tools they need to enforce
protection of our underground wilderness.
WHY IS SNOWY RIVER SPECIAL?
The amazing sparkling calcite ``frozen river'' of Snowy River in
Ft. Stanton Cave, NM is unique amongst known mineral formations of
known caves in the world. This brilliantly white crystalline formation
has been traced for over 2 miles in entirely pristine passage in
otherwise well-known Ft. Stanton Cave. This cave has been visited since
before historical times by indigenous peoples, and used extensively
since colonization by European settlers. A few decades ago, Ft. Stanton
was considered virtually a ``trash cave'' because of extensive
vandalism and other abuse of its then-known passages. The dedicated
efforts of a handful of volunteers and BLM personnel over the past
number of years has restored this cave to its rightful place as a major
cave resource managed by the Roswell BLM office under the State of New
Mexico regional BLM. Cave explorers have now presented us with a
splendid feature of unparalleled magnificence, a river of glittering
crystals. Thus, the efforts to save a thoughtlessly trashed cave have
rewarded us many fold.
Besides the scenic and scientific importance of the Snowy River
formation itself, this passage contains other scientific finds of
significance. My own research concerns the microorganisms that inhabit
caves and contribute to the breakdown of bedrock and the precipitation
of many biogenic minerals. Such organisms, though microscopically tiny,
can act as major geological agents over time. Additionally, they are
primarily novel species unknown to science. Each cave that we are
studying yields up new sets of hundreds to thousands of new organisms.
Such untapped biological wealth is ripe for exploration seeking sources
of new pharmaceuticals, industrial agents like novel enzymes that can
act in extreme chemical conditions, and insight into the microbial role
in the very production of economically significant low-temperature ores
including uranium, gold, copper, manganese, and many other minerals. As
an example, Actinomycete and Streptomycete organisms are two of the
major groups that produce the antibiotics upon which so much of modern
medicine depends. These organisms abound in these environments and
Snowy River is no exception. Black coatings full of manganese-oxidizing
bacteria occur on much of the wall rock in the Snowy River Passage.
Actinomycete colonies sparkle as shiny white and yellow dots on many of
the walls throughout the cave.
Other scientists are interested in many other facets of Snowy
River. Plans are afoot to date the age of the formation and to study
the hydrological conditions that led to its occurrence. Geochemistry
and isotopic data from both the sparkling calcite and other materials
in the cave are of great interest. The climate history over the past
few thousand years may be hidden in the chemistry and mineralogy of the
River and its surroundings.
CONCLUSION
Today is the 36th anniversary of our first human landing on the
moon by Buzz Aldrin and Neil Armstrong. That frontier still beckons us,
but so too should the unexplored realms here on Earth. The cave
frontier offers much promise for science, as a possible provider of
biological and geological resources, and places of beauty to feed the
human spirit. It is our duty to protect it as best we can.
Senator Craig. Dr. Boston, thank you very much.
Larry.
STATEMENT OF LAWRENCE E. BENNA, DEPUTY DIRECTOR,
OPERATIONS, BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE
INTERIOR
Mr. Benna. Thank you, Mr. Chairman and members of the
committee, I want to thank you for the opportunity to testify
today on a number of bills relating to the BLM.
As you suggested, Mr. Chairman, I will limit my first
remarks to the Fort Stanton-Snowy River National Cave.
Senator Craig. If you would do that, Larry, we've got a
vote that has just started. Senator Bingaman may have questions
on your testimony singular to the cave. We will then break
briefly and I'll go vote, return, and then proceed with the
balance of our testimony. Please proceed.
Mr. Benna. I'd be happy to do that, Mr. Chairman. I
appreciate the opportunity to testify on S. 1170, the Fort
Stanton-Snowy River National Cave Conservation Area Act, which
will protect the special scientific values of this new
discovery. I hope the video we showed provided members of the
committee with a perspective on both the scientific and the
significance of the resource that has been discovered here. I
do have some additional pictures that are available for members
to continue to look at.
The legislation before the committee today would create the
first conservation area dedicated to protecting cave resources.
We strongly support the goals of the legislation, and 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 to the bill.
I think of significance, one of those refinements, as Dr.
Boston has indicated, is we do believe that it would be
important to include surface acres that are expected to have
cave areas under them to ensure that we have appropriate
protection for the cave resource. Each of the National
Conservation Areas, or NCAs, as they're called, designated by
Congress and managed by the BLM is unique, however for the most
part they all do address certain critical elements, and these
include mining and mineral leasing, and land law withdrawals,
limits on off-highway vehicle use, and language which charges
the Secretary to allow only those uses that further those
purposes for which the conservation area 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.
The Fort Stanton-Snowy River Cave Complex is important both
scientifically and educationally, we look forward to working
cooperatively both with the Congress and our many partners to
see the vision for the caves becomes a reality. Thank you.
Senator Craig. Director Benna, thank you very much, let me
turn to my colleague, Senator Bingaman, for any questions he
might have.
Senator Bingaman. Thank you very much, Mr. Chairman, thank
you both for being here and congratulations, Dr. Boston, on
this find. You've both made the point that in order to
adequately protect the cave, we need to protect the surface,
and we need to protect as much surface as is necessary as the
cave continues to be explored, and the size of it determined,
and I certainly agree with that, and we need to make those
changes in the legislation, as necessary.
Let me just ask Dr. Boston, why is the air coming out?
Dr. Boston. Well, it's a complicated answer, but I'll make
it as simple as I can, we have several factors at work.
One is, of course, in a ventilated cave, you've got air
masses of different temperatures, and the colder the air mass,
the denser it is, and so they tend to flow in down along the
passage, which then forces warm air out, and so that is one
type of circulation. But even in closed passages, like Snowy
River is largely closed, a recent study that we just did
modeling the physics of Carlsbad Taverns shows that even just
with the geothermal gradient, the heat coming from earth's
interior below, one sets up large convection cells within a
cave, and so the fact that there's a lot of air coming out of
that passage is probably a result of these internally
generated, thermally driven convection cells, and the speed of
the wind is roughly proportional to the size of the cavity
volume that you have, so whenever you're a caver and you feel
strong wind flow, you're very excited because you anticipate
much more cavity below than what you can see.
Senator Bingaman. That's very good. I appreciate that. I
just note for the chairman's notice here that we need to get
Senator Alexander informed that this is an opportunity to
locate a wind turbine.
[Laughter.]
Senator Bingaman. He's a strong proponent of wind turbines
on our committee.
Senator Craig. Except the blades won't fit in the cabin.
Senator Bingaman. Make it be up at the surface to take
advantage of the air flow.
Thank you very much, I do need to excuse myself, but thank
you very much.
Senator Craig. Dr. Boston, let me ask this question of you
in relation to the air--is it then a circulation within the
cavity?
Dr. Boston. Yes.
Senator Craig. Or is there air being pulled in from the
surface?
Dr. Boston. It's probably a component of both. The Snowy
River passage is being discussed as a separate cave, but
actually it is a part of this large cave system, of which Fort
Stanton is the historically known part. There are undoubtedly
other passages, and so there are connections to the surface,
although they're very restricted in size, so clearly both
things are operating. There is external barometric pressure
changes, of course, weather systems outside that help to affect
what goes in the cave, but then there's a lot of internally
generated action, and perhaps a lot of what goes on in terms of
producing a mineral deposit as unique as Snowy River itself.
The calcite depends upon what we call the micro-meteorological
conditions within the cave, of which this airflow is an
example.
Senator Craig. I understand that at the point, as far as
you've found, you've found a water flow?
Dr. Boston. Yes, there is some water, there is residual
water, and we're testing it for isotopic signatures to try
determine how old it is.
Senator Craig. And then the cave goes beyond that?
Dr. Boston. Yes, and it's very tiny. So even our smaller
cavers are not small enough to try to get beyond there. But we
believe that the passage probably opens out back into a large
passage, perhaps another half a kilometer on. So we've only
just begun to map the extent of this structure.
Senator Craig. This particular photograph that's on the
easel now, can I assume that at the upper line, that was a
water level at one time?
Dr. Boston. Yes, we call it Snowy River now, because it
looks like a snow-laden river, but it actually was a river, it
was an underground river, probably at the end of the
Pleistocene, which was the last Ice Age, entering which we were
in a much wetter climate regime in the Western States, and
gradually over time, as the climate dried up and hydrology
changes, there was less and less water flowing through the
system and it essentially froze, in the mineral sense, but this
is a large underground river conduit, and you're seeing the
high water mark, as you suspected.
Senator Craig. And because it's at the bottom of a
catchment basin, therefore it caught all of the mineralization
that effectively moved in the water as it moved through the
system?
Dr. Boston. Yes, this is a limestone system, so the
groundwater becomes super-charged with the calcium carbonate in
the water.
Senator Craig. Well, thank you both very much. Larry, if
you will stay in place, I'm going to recess the committee
briefly, run and vote, we'll be back, we'll take the balance of
your testimony and that of the U.S. Forest Service, and then,
of course, we'll have Keith Johnson before the committee also.
With that, the committee will stand in recess.
[Recess.]
Senator Craig. The subcommittee will reconvene. We already
have Larry Benna before us. Will Joel Holtrop, Deputy Chief,
National Forest System, join us? Thank you both.
Larry, we'll let you continue to give testimony on the
balance of the legislation that pertains to the Bureau of Land
Management and then we'll turn to Joel for his testimony. Thank
you.
Mr. Benna. Thank you, Mr. Chairman. Again, I would like to
reiterate that I would like to have the entirety of my written
statements entered into the record.
Senator Craig. Without objection, it will be.
Mr. Benna. Concerning S. 1131, the Idaho Land Enhancement
Act, this Act authorizes the BLM and the U.S. Forest Service to
move forward with an exchange which would secure Federal open
space for residents of Boise and Ada Country, and in exchange,
conveyance of Federal timbered lands to the State of Idaho,
will provide the State with more long-term revenue than could
be derived from its lands in the Boise foothills. The exchange
authorized by S. 1131 is a milestone in a 30 year effort of
conservation in the Boise foothills. The Department supports
enactment of S. 1131.
S. 1131 requires that Federal land and the land to be
exchanged in the bill to be of equal value, and if the values
are not equal, the bill authorizes the equalization of value by
cash payment to the United States or the State of Idaho, as
appropriate. We will work with the committee on the technical
matter described in our testimony.
Concerning S. 703, the Las Vegas Motor Speedway Land
Transfer Act, the Department supports the goal of S. 703, but
again, would like an opportunity to work with the sponsors of
the bill and the committee to resolve some concerns with the
bill.
The bill would convey by direct sale, approximately 113
acres of public lands managed by the BLM in Clark County,
Nevada, to the Nevada Speedway. The lands would be used as a
parking lot to alleviate parking congestion at the Las Vegas
Motor Speedway, and are located directly adjacent to the land
currently owned by Nevada Speedway. We would like the
opportunity to work with the sponsors and the committee on a
number of amendments providing for a competitive bid to ensure
a fair return to the public, the handling of the receipts from
the sale of the land, and to resolve some additional technical
issues.
Concerning H.R. 1101, the Cibola National Wildlife Refuge
modifications, again, we support H.R. 1101, which would revoke
a portion of Public Land Order 3442, dated August 21, 1964.
This Public Land Order withdrew approximately 16,600 acres of
public domain lands along the Colorado River in California and
Arizona for the Cibola National Wildlife Refuge. The withdrawal
eventually included a small area of approximately 140 acres in
Imperial County at the southern boundary of the California
portion of the refuge. Similar bills passed the House and
Senate in the 108th Congress, but were not enacted. The
inclusion of these 140 acres in Public Land Order 3442 was in
error, and we believed the most equitable solution was the
removal of the lands from the Refuge. There are no listed
species inhabiting the 140 acres, and the area in question has,
at best, marginal wildlife habitat. Removal of the 140 acres of
land from the refuge would free up the area necessary for the
continuation of the recreational concession, while still
affording more than adequate protection.
In conclusion, thank you for the opportunity to testify on
these bills. We look forward to working with the committee to
resolve the issues discussed above. I'll be happy to try and
answer any questions.
[The prepared statements of Mr. Benna and the Park Service
follow:]
Prepared Statement of Lawrence E. Benna, Deputy Director, Operations,
Bureau of Land Management, on S. 1170
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 years. 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 will 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 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.
______
Prepared Statement of Lawrence E. Benna, Deputy Director, Operations,
Bureau of Land Management, on S. 703
Mr. Chairman, thank you for the opportunity to appear before you
today to testify on S. 703, a bill that would convey by direct sale
approximately 113 acres of public lands managed by the Bureau of Land
Management (BLM) in Clark County, Nevada to the Nevada Speedway, LLC.
The lands would be used as a parking lot to alleviate parking
congestion at the Las Vegas Motor Speedway and are located directly
adjacent to land currently owned by Nevada Speedway, LLC. The
Administration does not object to the proposed conveyance in S. 703 but
cannot support the bill's distribution of revenues from the sale of
these public lands. We would also like an opportunity to work with the
sponsor of the bill and the Committee to ensure that the conveyance
results in the best possible return for the public and to resolve some
other concerns with the bill.
The land proposed for sale is within the southwest part of a
designated community sand and gravel pit area. However, there are no
ongoing sand and gravel operations on the lands proposed to be
conveyed. No other leasing, commodity use, or production activities
occur on the lands. Recreation use in the area is also limited.
S. 703 requires the Secretary to complete an appraisal of the land
not later than 90 days after the date of enactment of the bill. Nevada
Speedway, LLC has 30 days from the completion of the appraisal to
submit an offer to the Secretary to acquire the lands at the appraised
value. The Secretary then has 30 days to complete the conveyance. The
Act directs the BLM to convey the lands to Nevada Speedway, LLC
notwithstanding land use planning and other requirements provided for
in sections 202 and 203 of the Federal Land Policy and Management Act
(FLPMA) and withdraws the lands from all forms of entry. All costs
associated with the appraisal and conveyance of the lands are to be
paid by Nevada Speedway, LLC. The proceeds from the sale of the lands
are to be distributed in accordance with section 4(e)(1) of the
Southern Nevada Public Land Management Act (SNPLMA), which provides for
the distribution of 5 percent of the proceeds to the State of Nevada
general education program, 10 percent to Southern Nevada Water
Authority, and 85 percent to the special account for the various
resource purposes described in SNPLMA.
While the BLM supports the conveyance of these lands to Nevada
Speedway, LLC, we would like to work with Committee to resolve some
concerns with the legislation. First, the lands identified for
conveyance are outside the SNPLMA disposal boundary and they are not
identified for disposal in the BLM Las Vegas Resource Management Plan.
The BLM, as a matter of policy and practice, and in accordance with
FLPMA, uses its land use planning process to identify public lands
suitable for disposal. Based on previous sales in Clark County, Nevada,
it is likely that the lands identified for conveyance in S. 703 would
be sold at a much higher price than their appraised value if the sale
was completed through a competitive procedure. Therefore, to ensure a
fair return to the public, the Department supports the sale of these
lands via a competitive bidding process, as defined in Section 203 of
FLPMA, rather than a direct sale to Nevada Speedway, LLC.
Second, because the lands proposed for conveyance fall outside of
the SNPLMA disposal boundary, the Administration recommends that the
proceeds of the sale be directed to the U.S. Treasury.
Finally, the Department would like to work with the Committee on
some additional technical modifications to S. 703, including ensuring
that the subsurface estate is conveyed along with the surface estate to
prevent any split-estate issues.
Thank you for the opportunity to testify on this bill. We look
forward to working with the Committee to resolve the issues discussed
above. I will be happy to answer any questions.
______
Prepared Statement of Lawrence E. Benna, Deputy Director, Operations,
Bureau of Land Management, on H.R. 1101
Mr. Chairman and members of the Subcommittee, I appreciate the
opportunity to testify today in support of H.R. 1101, which will revoke
a portion of Public Land Order 3442, dated August 21, 1964. This Public
Land Order withdrew approximately 16,600 acres of public domain lands
along the Colorado River in California and Arizona for the Cibola
National Wildlife Refuge (NWR). The withdrawal erroneously included a
small area of approximately 140 acres in Imperial County at the
southern boundary of the California portion of the Refuge. A similar
bill in the 108th Congress, H.R. 417, was passed by the House and by
the Senate with an amendment, but was not enacted.
Prior to 1964, this property fell under the jurisdiction of the
Bureau of Land Management (BLM). In 1962, the BLM issued a permit for a
public recreation concession on 18 acres of the lands now in question.
The concession is known as ``Walter's Camp,'' and consists of a
recreational vehicle park, a small marina, and a store, and the BLM
estimates that Walter's Camp receives 11,000 visitors per year. Because
neither the Fish and Wildlife Service (FWS) nor the BLM recognized the
mistake in legal descriptions on the ground, the BLM continued to renew
the original permit and the recreational concession use has continued,
unbroken, to the present time. The current concession contract was
issued by the BLM in 1980, under the provisions of Section 10 of the
Reclamation Project Act of 1939 for a period of 20 years. Four
extensions to the current contract have since been issued.
The National Wildlife Refuge System Administration Act of 1966, as
amended, (Act) requires that all uses of refuge lands be compatible
with the purpose for which the refuge was established. Section 4(a) of
the Act and section 204(j) of the Federal Land Policy and Management
Act both prohibit the Secretary of the Interior from revoking
withdrawals of land within NWRs. For this reason, Congressional action
is required to remove these lands from the Refuge System.
Since the inclusion of these lands in Public Land Order 3442 was a
mistake, due to the prior existence of the concession, we believe the
most equitable solution is removal of the lands from the refuge. There
are no listed species inhabiting the 140 acres and the area in question
is, at best, marginal wildlife habitat. Removal of the 140 acres of
land from the refuge would free-up the area necessary for the
continuation of the recreational concession, while still affording more
than adequate protection for the nearest significant wildlife habitat
feature, Three Fingers Lake.
We believe that withdrawal of these lands will benefit all parties
involved--the concessionaire, the Service, the BLM and, ultimately, the
public. For this reason, we support the bill and urge prompt action on
enactment of H.R. 1101.
______
Prepared Statement of Lawrence E. Benna, Deputy Director, Operations,
Bureau of Land Management, on S. 1131
Thank you for the opportunity to present the views of the
Department of the Interior on S. 1131, the ``Idaho Land Enhancement
Act.'' This legislation authorizes the Bureau of Land Management (BLM)
and the U.S. Forest Service (USFS) to move forward with an exchange
that has been developed in collaboration with the State of Idaho and
the City of Boise. The exchange was initiated by the City of Boise to
preserve open space in the Boise Foothills. Under S. 1131, conveyance
of State-owned lands in the Boise foothills into Federal ownership will
secure open space for residents of Boise and Ada County, and, in
exchange, conveyance of Federal timbered lands to the State of Idaho
will provide the State with more long-term revenue than could be
derived from its lands in the Boise foothills. The exchange authorized
by S. 1131 is a milestone in a 30-year effort of conservation in the
Boise Foothills. The Department supports enactment of S. 1131.
ADMINISTRATIVE ACTION
A proposed multi-party exchange initiated by the City of Boise
involving lands managed by the BLM, the USFS, and the State of Idaho
(no privately-owned lands are involved) has been proceeding
administratively. In accordance with the administrative process for
land exchanges, the BLM and USFS completed a Feasibility Analysis, and,
on April 26, 2005, the BLM, USFS, State of Idaho, and City of Boise
signed an Agreement to Initiate for the Boise Foothills--Northern Idaho
Land Exchange (Agreement). As the Forest Service does not have the
authority to participate in a three party exchange absent Congressional
authorization, S. 1131 is needed to effectuate the exchange Agreement.
S. 1131
The legislation authorizes the BLM and the U.S. Forest Service to
proceed with the land exchanges described in the Agreement. As
authorized by S. 1131, under the Agreement, the BLM is to convey
approximately 605 acres of public land to the State of Idaho; the USFS
is to convey approximately 7,220 acres of National Forest System land
in the Idaho Panhandle and Clearwater National Forests to the State of
Idaho; and the State of Idaho is to convey approximately 11,085 acres
to the United States (6,930 acres to be managed by the BLM and 4,155
acres to be managed by the USFS).
AUTHORIZATION OF EXCHANGE
Section 3 authorizes the Secretary of the Interior and the
Secretary of Agriculture (Secretaries) to complete the land exchanges
described in the Agreement. The BLM is to convey four parcels which
total approximately 605 acres, including Boise Peak (86 acres), Mt.
Coeur d'Alene (120 acres), Skeel Gulch (80 acres), and Rock Creek (319
acres). Although forested, none of the BLM lands to be conveyed in this
exchange contain old growth or officially designated old growth
replacement stands. There is no current mining or mineral activity on
the BLM lands, except in the Rock Creek parcel, where much of the area
contains old mining prospects. There are no other permitted uses.
Although the 605 acres of public land to be conveyed out of Federal
ownership by the BLM are not identified for disposal, we believe the
exchange is in the public interest because this exchange will result in
a net gain of 3,156 acres of high value resource lands within
designated retention areas, providing management protection for
cultural resources and a variety of sensitive wildlife species.
Acquisition of the State lands in the Boise foothills will help the BLM
meet its management objectives to protect and enhance watershed
resources, wildlife habitat, recreation opportunities, and scenic
values.
The legislation authorizes the parties to enter into additional
agreements that specify other terms and conditions necessary to
complete the land exchange:
provide legal descriptions of the Federal land and the State
land to be exchanged;
identify all reserved and outstanding interests in the
Federal land and State land; and
stipulate any cash equalization payments required.
The conveyances are subject to valid and existing rights. As part
of the Agreement, the BLM, USFS, and State of Idaho reviewed, examined,
and disclosed all valid existing rights on their respective lands.
S. 1131 also requires the Federal land and State land to be
exchanged under the bill to be of equal value; and, if the values are
not equal, the bill authorizes the equalization of value by cash
payment to the United States or to the State of Idaho, as appropriate,
in accordance with section 206(b) of the Federal Land Policy and
Management Act (FLPMA). The value of the Federal and State lands is to
be determined in accordance with the Uniform Appraisal Standards for
Federal Land Acquisitions, and the appraisals must be approved by the
Secretaries. Any cash equalization payment received by the United
States is to be used by the Secretary of Agriculture for the
acquisition of land to add to the National Forest System in the state
of Idaho.
The City of Boise passed a bond levy to support acquisition of
properties on the Boise Front to preserve its natural character. The
City will pay the costs associated with the conveyances outlined in the
Agreement and this Act, including the costs of any field inspections,
environmental analyses, appraisals, title examinations, and deed and
patent preparations. The BLM will review the exchange package in its
regular course of business (i.e., at no additional cost to the City of
Boise).
MANAGEMENT OF FEDERAL LAND
Section 4 transfers administrative jurisdiction of approximately
2,111 acres of public land in Shoshone County, Idaho, currently managed
by the BLM, to the USFS, to be managed in accordance with the laws and
regulations applicable to the National Forest System. This area--called
Grandmother Mountain--is completely surrounded by National Forest
System lands that previously, as part of the Arkansas-Idaho Land
Exchange Act of 1992 (P.L. 102-584), had been transferred from BLM
management into the National Forest System. Consolidation of
administrative jurisdiction in this area will improve the Federal
government's management of the land and resources. Also, these 2,111
acres are in a Wilderness Study Area, and the legislation preserves
Congress' options to act on this WSA by providing that after transfer
to the USFS, this area will be managed in a manner that preserves the
suitability of the land for designation as wilderness until Congress
determines otherwise.
In addition, Section 4 requires the Secretary of the Interior to
manage the land conveyed by the State of Idaho as acquired land (as
distinct from public domain) under FLPMA and other applicable laws.
Under FLPMA, the BLM manages both public domain and acquired lands
under the same management structure and plans. The direction in S. 1131
that the lands conveyed by the State be managed as acquired lands
affects only the ability to locate mining claims under the Mining Law
of 1872 (which applies exclusively to public domain lands); exploration
for and mining of locatable minerals on acquired lands is through a
permitting process rather than by claim.
Finally, concerning land use planning, Section 4 provides that BLM
need not do an amendment or revision to its resource management plans
(RMP) upon acquisition of lands from the State of Idaho. The acquired
lands are to be managed under the existing RMP applicable to that area,
until the land use plans are updated in the regular planning process.
The BLM's Coeur d'Alene Field Office is currently working on a Resource
Management Plan that will replace the current land use plan. The Field
Office held a scoping meeting earlier this year on the proposed changes
to the RMP, and public comments have been generally favorable. The
Field Office expects to issue a Draft plan revision by the end of
calendar year 2005, and hopes to issue a Final RMP by December of 2006.
MISCELLANEOUS PROVISIONS
Section 5 of the bill contains several miscellaneous provisions.
This Section:
authorizes the Secretaries and the Idaho State Board of Land
Commissioners to modify the land descriptions in the Agreement
to correct errors; make minor adjustments to the parcels based
on a survey or other means; or reconfigure the parcels to
facilitate the land exchange;
provides that the written legal description shall prevail if
there is a discrepancy between a map, acreage estimate, and
written legal description of the Federal land or State land;
provides that, subject to valid existing rights, any public
land orders withdrawing any of the Federal land from
appropriation or disposal under the public land laws are
revoked to the extent necessary to permit disposal of the
Federal land. (No withdrawals are on the BLM land);
provides that subject to valid existing rights, pending
completion of the land exchange, the Federal land to be
conveyed under this Act is withdrawn from all forms of
location, entry, and patent under the mining and public land
laws; and disposition under the mineral leasing laws and the
Geothermal Steam Act of 1970.
As part of the administrative process detailed in the Agreement,
the BLM had previously segregated the Federal lands proposed for
exchange in the Agreement.
Section 5(e) of S. 1131 expresses the Congressional finding that
the Forest Service and the BLM have conducted adequate analyses and
reviews of the environmental impacts of the exchange authorized under
this Act, and stipulates that no further administrative or
environmental analyses or examination is required to carry out any
activities authorized under this Act. As part of the Agreement, the
BLM, Forest Service, and the City of Boise agreed to be jointly
responsible for completing environmental and cultural review work on
the Federal lands being transferred to the State of Idaho. The City of
Boise is responsible for paying for contract environmental and cultural
review work approved by all parties to the Agreement. The BLM, Forest
Service, Idaho Department of Lands, and the City of Boise will be
jointly responsible for completing mineral reports, to be paid for by
the City of Boise.
Under the Agreement, initial NEPA scoping was done. The BLM and
Forest Service have completed the following resource assessments:
cultural/historic, Threatened and Endangered Species, biological,
botanical, noxious weeds, timber, wetlands, floodplains, water
resources, recreation, wilderness, visual, mineral and mineral
potential. Pursuant to the Congressional Finding in Section 5(e), the
BLM and Forest Service would carry out no further administrative or
environmental analysis in completing the exchange delineated in the
bill. We will work with the Committee so that there is a common
understanding of the additional administrative or environmental review
that would otherwise be undertaken by the agencies.
Thank you for the opportunity to testify on S. 1131. I would be
glad to answer any questions.
______
Prepared Statement of the National Park Service,
Department of the Interior, on S. 1238
Thank you for the opportunity to present for the record the views
of the Department of the Interior on S. 1238, a bill to amend the
Public Lands Corps Act of 1993 to provide for the conduct of projects
that protect forests and for other purposes.
The National Park Service (NPS) has successfully implemented the
Public Land Corps Act of 1993, to expand our youth service
opportunities to carry out needed repairs and restoration projects
within the National Park System. With the passage of the Recreation Fee
Demonstration Program in 1996 (P.L. 104-134; U.S.C. 4601-6a), funding
was available to implement the NPS Public Land Corps program in 1997.
As required in the recreation fee demonstration legislation and in
the recently passed Federal Lands Recreation Enhancement Act (P.L. 108-
447), funds acquired through the recreation fee program may be used
only for specific purposes. For that reason, NPS Public Land Corps
projects must focus on repair, maintenance and facility enhancement
related directly to visitor enjoyment, education, access, services and
health and safety or on habitat restoration related directly to
wildlife dependent recreation.
The NPS regards the Public Lands Corps Program as an important and
successful example of civic engagement and conservation. The program is
unique because nonprofit agencies such as the Student Conservation
Association and the National Association for Service and Conservation
Corps serve as the primary partners in administering the Public Land
Corps program. In addition, any nonprofit youth organization may
participate such as the Boy and Girl Scouts, local high schools and job
training youth organizations. Each year over 300 parks apply for work
grants of up to $25,000. The nonprofit youth organizations assist the
NPS in its efforts to attract diverse audiences to the parks by
recruiting youth 16 to 25 years of age from all socioeconomic, cultural
and ethnic backgrounds. Since 1997, the Public Land Corps has funded
more than 2,000 work projects with more than 100 parks participating on
an annual basis.
S. 1238 would allow the National Park Service to expand the current
work it accomplishes with the Public Land Corps by creating an
additional type of project to promote healthy forests and authorize
appropriations for these projects. The legislation would not adversely
affect the National Park Service's ability to continue its practice of
funding other Public Land Corps projects through the use of proceeds
from the recreation fee program. In addition, we would still be able to
prioritize projects according to the needs of the parks. Therefore, the
Department of the Interior has no objection to this legislation.
However, funding for projects authorized by this legislation would be
subject to current and future budgetary constraints and the
Administration's priority-setting process.
Senator Craig. Thank you, Larry, thank you very much. Your
concerns in relation to certain specific portions of any of the
bills, of course, will be looked at and we will work with the
Bureau to see if we can resolve them as best we possibly can.
Mr. Benna. Thank you, Mr. Chairman.
Senator Craig. Joel, please proceed.
STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL FOREST
SYSTEM, U.S. FOREST SERVICE, DEPARTMENT OF AGRICULTURE
Mr. Holtrop. Mr. Chairman, thank you for giving me the
opportunity to present the views of the U.S. Department of
Agriculture on S. 997, the Montana Cemetery Act of 2005, S.
1131, the Idaho Land Enhancement Act of 2005, and S. 1238, the
Public Lands Corps Healthy Forest Restoration Act. I will ask
that my entire written statement, which I will summarize, be
made part of the hearing record.
Senator Craig. Without objection, it will be.
Mr. Holtrop. S. 997, Montana Cemetery Act of 2005--this
legislation directs the Secretary to convey, for no
consideration, all right, title and interest in 10 acres of
land within the Beaverhead-Deerlodge Forest, Montana to
Jefferson County, Montana to be used for cemetery purposes. The
parcel to be conveyed is a National Register-eligible property,
that contributes to the significance of the Elkhorn town site
and the Elkhorn historic mining district. The 10-acre
conveyance will provide a sufficient amount of land to
accommodate all known grave sites. The Department support S.
997. We would like to work with the committee to ensure that
the land conveyed will be managed with due consideration for
the historic and cultural values associated with the cemetery.
The Department also recommends that the conveyance of the
public land to the State include consideration for the market
value of the property, and the for the administrative cost
associated with the conveyance.
S. 1131, Idaho Land Enhancement Act. The Idaho Land
Enhancement Act would authorize the Forest Service and Bureau
of Land Management to enter into a collaborative exchange with
the State of Idaho and the city of Boise, Idaho. The Department
supports enactment of S. 1131. The exchange was initiated by
the city of Boise to preserve open space in the Boise
foothills, the goal was to reduce the potential of scenic and
recreational lands that are highly valued by the city of Boise
from being developed, to increase long-term financial returns
to the Idaho State Endowment Fund, and to improve land
management through consolidation of land ownership on Federal
and State lands. In addition, the proposed land exchange
addresses threats upon managed recreational use, habitat
fragmentation and fire and fuels reduction in both northern and
southern Idaho.
In April, the city of Boise, the Idaho Department of Lands,
the Forest Service and BLM signed an agreement to initiate an
exchange which provides the framework for S. 1131. Under the
proposed exchange, approximately 7,200 acres of National Forest
System land between the Idaho Panhandle National Forest and the
Clearwater National Forest would be conveyed to the State of
Idaho. Approximately 11,000 acres of land under the
jurisdiction of the Idaho Department of Lands would be
conveyed--to the Bureau of Land Management, 7,000 acres, and to
the U.S. Forest Service, 4,000 acres. In addition, 2,100 acres
in the Grandmother Mountain Area, identified as a wilderness
study area under BLM's jurisdiction in Shoshone County, Idaho,
would be transferred to the Secretary of Agriculture to be
managed on the Idaho Panhandle National Forest in a manner that
preserves the suitability for designation as wilderness until
Congress determines otherwise.
The administrative costs associated with the conveyance of
the Federal land and State land would be paid by the city of
Boise, pursuant to the congressional finding in section 5(e),
the Forest Service would carry out no further administrative or
environmental analysis in completing the exchange, as
delineated in the bill.
We recommend two amendments to the bill, first, amend
section 4(e) to modify the boundaries on all four of the
affected national forests to accommodate the State of Idaho
parcels that would be acquired by the Forest Service, which
would be outside of the existing National Forest boundaries.
Second, amend section 3(d) to allow for the deletion of parcels
as an alternative method for equalizing values. The intent of
this section is to require that the exchange be of equal value
between State and Federal lands. Cash equalization is the only
method provided to achieve this result under S. 1131, as
introduced.
And finally, S. 1238, the Public Lands Corps Healthy Forest
Restoration Act. S. 1238 would amend the Public Lands Corps Act
of 1993 to direct the Secretary of Agriculture and the
Secretary of the Interior in carrying out priority projects in
a specific area to give preference to the maximum extent
practicable to qualified Youth or Conservation Corps located in
that specific area that have a substantial portion of members
who are economically, physically or educationally
disadvantaged. It is important to recognize that implementation
of some priority projects require a certain amount of maturity,
decisionmaking capability, perspective and attention to safety,
it is both appropriate and necessary to provide the Secretary
the discretion in determining the type of priority projects
suitable for the target corps.
The Department support S. 1238, the Department would like
to work with the committee and bill sponsors to ensure specific
conservation corps would be covered under S. 1238 since we work
with several programs that service disadvantaged youth.
This concludes my statement, I would be happy to answer any
questions you may have.
[The prepared statement of Mr. Holtrop follows:]
Prepared Statement of Joel Holtrop, Deputy Chief, National Forest
System, U.S. Forest Service, Department of Agriculture, on S. 997, S.
1131, and
S. 1238
Mr. Chairman and Members of the Subcommittee, thank you for giving
me the opportunity to present the views of the U.S. Department of
Agriculture on S. 997, the Montana Cemetery Act of 2005; S. 1131, the
Idaho Land Enhancement Act of 2005; and S. 1238, the Public Lands Corps
Healthy Forest Restoration Act.
S. 997--MONTANA CEMETERY ACT OF 2005
This legislation directs the Secretary to convey for no
consideration, all right, title, and interest in 10 acres of land
within the Beaverhead-Deerlodge National Forests to Jefferson County,
Montana to be used for cemetery purposes. The Department is supportive
of S. 997, but would recommend that the Committee add provisions to the
legislation that will protect historic interests and provide
consideration to the Federal government for the conveyance.
The parcel to be conveyed to Jefferson County is currently being
used for cemetery purposes but a special use authorization has never
been issued for this purpose. The 10-acre conveyance will provide a
sufficient amount of land to accommodate all known grave sites and any
additional sites that may be outside of the concentration of known
sites. In addition the conveyance is of adequate size to include the
cemetery parking lot so that it will be located on private property.
The parcel to be conveyed is a National Register eligible property
that contributes to the significance of the Elkhorn town site and the
Elkhorn historic mining district. We would like to work with the
committee and through the NEPA process to ensure that the land conveyed
will be managed with due consideration for the historic and cultural
values associated with the cemetery.
Also, we are concerned about conveying public land to other
jurisdictions without any form of consideration. The Department does
not object to making the Federal land available for use as a cemetery,
but requests that the conveyance of the public land estate include
consideration for the market value of the property and for the
administrative costs associated with the conveyance.
S. 1131--IDAHO LAND ENHANCEMENT ACT
The Idaho Land Enhancement Act would authorize the Forest Service
and the Bureau of Land Management (BLM) to enter into a collaborative
land exchange with the State of Idaho and the City of Boise, Idaho. The
exchange was initiated by the City of Boise to preserve open space in
the Boise foothills. The exchange culminates a long-term effort by all
parties to preserve the character of the Boise foothills, to increase
long term financial return to the Idaho State Endowment Fund and to
improve land management through consolidation of land ownership on
federal and state lands. The Department supports enactment of S. 1131.
We have a few recommendations that we would like the committee to
consider.
The Boise metropolitan area is one of the fastest growing regions
in the nation. The Boise foothills region provides a scenic backdrop as
well as multiple opportunities for outdoor recreation activities by
area residents. The State of Idaho manages approximately 6,000 acres of
State Endowment lands within the Foothills that have significant
residential development potential. These lands have a State
Constitutional mandate to maximize revenue to benefit State public
schools. These lands currently yield very little revenue from livestock
grazing or from any other source thus there are incentives to convey
the land out of public ownership.
To reduce the potential of scenic and recreational lands that are
highly-valued by the City of Boise from being developed, S. 1131
proposes to convey lands in the foothills from the State of Idaho to
the BLM and the Forest Service. To equalize the value of the exchange,
federal timbered lands under the jurisdiction of the Forest Service
would be conveyed to the State of Idaho. The administrative costs
associated with the conveyance of the Federal land and State land would
be paid by the City of Boise.
The proposed land exchange addresses threats of unmanaged
recreational use, habitat fragmentation, and fire and fuels reduction
in both Northern and Southern Idaho. This proposal has been proceeding
through the administrative process for land exchanges. Upon
determination that the exchange was feasible and worthy of continued
study, on April 26, 2005, the City of Boise, Idaho Department of Lands,
Forest Service and the BLM signed an agreement to initiate an exchange.
As part of the agreement, BLM, the Forest Service and Boise City
agreed to be jointly responsible for completing environmental and
cultural review work on Federal lands being transferred to the State of
Idaho. Boise City is to pay for contract environmental and cultural
review work approved by all parties to the agreement. BLM, the Forest
Service, Idaho Department of Lands, and Boise City will be jointly
responsible for completing mineral potential reports, also to be paid
for by the City of Boise.
Under the agreement, initial NEPA scoping was done. BLM and the
Forest Service have completed the following resource assessments:
cultural/historic, Threatened and Endangered Species, biological,
botanical, noxious weeds, timber, wetlands, floodplains, water
resources, recreation, wilderness, visual, socio-economic and
environmental justice, mineral and mineral potential. Pursuant to the
Congressional Finding in Sec. 5(e), the Forest Service would carry out
no further administrative or environmental analysis in completing the
exchange as delineated in the bill. We will work with the Committee so
that there is a common understanding of the additional administrative
or environmental review that would otherwise be undertaken by the
agency.
This agreement provides the framework for S. 1131. Under the
proposed exchange, approximately 7,220 acres of National Forest System
land within the Idaho Panhandle National Forest and the Clearwater
National Forest would be conveyed to the State of Idaho. Approximately
11,085 acres of land under the jurisdiction of the Idaho Department of
Lands would be conveyed to the Bureau of Land Management (7,000 acres)
and to the U.S. Forest Service (4,085 acres). In addition 2,111 acres
in the Grandmother Mountain area currently under the jurisdiction of
the Bureau of Land Management in Shoshone County, Idaho would be
transferred to the Secretary of Agriculture to be administered by the
Forest Service on the Idaho Panhandle National Forests.
Management of National Forest System lands within the Idaho
Panhandle, Boise, Wallowa-Whitman and Clearwater National Forests would
be improved with the consolidation of land ownership patterns achieved
by the Act. Efficiencies will be realized by reducing the number of
joint-use roads and easements, and decreasing costs associated with
boundary management. Consolidation of National Forest ownership within
the Elk Creek watershed will prevent habitat fragmentation and increase
opportunities for public recreation in a popular area of the Clearwater
National Forest. Likewise, the State of Idaho and the BLM will benefit
from land ownership consolidation and increase ability to achieve
important management objectives.
The 2,111 acre Grandmother Mountain tract is in an area where other
land under BLM jurisdiction was previously transferred to the Forest
Service. Through the Arkansas-Idaho Land Exchange Act of 1992
approximately 10,000 acres of land administered by the BLM were
conveyed to the Forest Service. The 2,111 acre remaining BLM tract is
identified as a Wilderness Study Area. The legislation provides that
land transferred to the Forest Service that was previously designated
as a Wilderness Study Area shall be managed in a manner that preserves
the suitability of the land for designation as wilderness until
Congress determines otherwise.
We would like to work with the committee to implement the following
recommendations concerning this bill. The intent of Sec. 3(d) is to
require that the exchange be of equal value between state and federal
lands, however, the cash equalization provision is the only method
described to facilitate this result. Since none of the parties wish to
incur a large cash obligation, we recommend adding a provision allowing
for the deletion of parcels as an alternative method of equalizing
values.
There are several of the State of Idaho parcels that would be
acquired by the Forest Service that are located adjacent to but outside
of the existing National Forest boundaries. We recommend amending Sec.
4(e) to modify the boundaries on all four of the affected National
Forest to accommodate these parcels.
S. 1238--PUBLIC LANDS CORPS HEALTHY FOREST RESTORATION ACT OF 2005
The Department supports S. 1238. However, the Department would like
to work with the committee and bill sponsors to ensure specific
conservation corps would be covered under S. 1238 since we work with
several programs that service disadvantaged youths.
S. 1238 would amend the Public Lands Corps Act of 1993 to direct
the Secretary of Agriculture and the Secretary of the Interior, in
carrying out priority projects in a specific area, to give preference,
to the maximum extent practicable, to qualified youth or conservation
corps located in that specific area that have a substantial portion of
members who are economically, physically, or educationally
disadvantaged. Priority projects are those that will: (1) reduce
wildfire risk to communities, municipal water supplies, or other at
risk Federal land; (2) protect a watershed or address a threat to
forest and rangeland health, including catastrophic wildfire; (3)
address the impact of insect or disease infestations or other damaging
agents on forest and rangeland health; (4) protect, restore, or enhance
forest ecosystem components to promote recovery of threatened and
endangered species, to improve biological diversity, or to enhance
productivity and carbon sequestration.
It is important to recognize that implementation of some priority
projects requires a certain amount of maturity, decision-making
capability, perspective and attention to safety. It is both appropriate
and necessary to provide the Secretaries the discretion in determining
the types of priority projects suitable for the target corps.
In many respects, the goals of S. 1238 are consistent with existing
authorities that the Department has supported, including the Healthy
Forests Restoration Act (HFRA) [P.L. 108-208], the original Public Land
Corps Act of 1993, P.L. 103-82 Title II, and the Youth Conservation
Corps Act of 1970, P.L. 91-378.
However, the Administration does have concerns about the
Committee's expectation regarding the authorization of specific
appropriations contained in the bill given current and future budgetary
constraints.
This concludes my statement, I would be happy to answer any
questions that you may have.
Senator Craig. Well, Joel, thank you very much. I have no
questions at this time, but we will work with you on your
suggestions in relation to S. 1131. I think those are good,
solid recommendations, and we will see if that cannot be
resolved. Let me thank you both very much.
Mr. Benna. Thank you, Mr. Chairman.
Mr. Holtrop. Thank you, Mr. Chairman.
Senator Craig. Now, let me invite before the committee
Keith Johnson, controller of the State of Idaho, Keith. It's a
pleasure to have you before the committee.
STATEMENT OF KEITH L. JOHNSON, CONTROLLER,
STATE OF IDAHO, BOISE, ID
Mr. Johnson. Good afternoon, I am the Idaho State
Controller, and I'm here by assignment, and I wanted to let you
know that I am here not as the State's Chief Accountant, but as
a member of the State Board of Land Commissioners. The State
Controller is one of five members of that Board of Land
Commissioners that's responsible for management policy
direction for the endowment lands in the State of Idaho. I also
have submitted written comments that I would like to include as
a part of the record.
Senator Craig. Keith, your full statement will become a
part of the record. Thank you.
Mr. Johnson. Thank you.
I am here before you today to endorse and request your
support for the Idaho Lands Enhancement Act, or S. 1131,
because of its benefits to citizens, to schools, to communities
as well as the Federal and State agencies that are involved in
the legislation. As has been noted, directs the Secretaries of
the Interior and Agriculture to exchange lands that are
currently owned and managed by the Federal Government, with
lands owned and managed by the State of Idaho.
Passage of this legislation will grant the authority to
ultimately provide the State of Idaho with more timberland,
meaning greater revenue to our public schools. The people of
Idaho will get more open space, the Federal lands will be
protected from development and other limited uses forever.
Additionally, Federal and State agencies will increase
efficiency in managing those lands for fire and basic species
and recreation.
Invasive species and recreation--the State-owned parcels in
the Boise Foothills subject to this are currently endowment
plans that are required under the State Constitution to be
managed for the maximum financial return to the beneficiaries,
primarily, public schools in Idaho. Historically, these lands
have provided revenue to the beneficiaries through leasing the
ground to cattle and sheep ranchers for grazing, however, those
opportunities are becoming more limited due to the economics of
ranging in an urbanized setting. Moreover, the State cannot
legally, directly convey these parcels to the city of Boise,
nor can we, as a landlord, manage them for non-monetary or
purely aesthetic reasons. We have a constitutional mandate as
fiduciaries to maximize financial return to those
beneficiaries, so we needed a way to protect that open space
and the desire of the local community without negatively
affecting the financial condition of those local beneficiaries.
This proposal and exchange provides the means to make that
possible.
Commercial timberlands in Idaho currently provides over $50
million each year, primarily to benefit the public schools in
Idaho. Passage of this legislation will enhance our ability to
provide funding for schools, while providing the desired
benefits to the community and the other government agencies.
The exchange involves approximately 20,000 acres in 7 Idaho
counties. A tremendous amount of effort has gone into this
exchange, all parcels in the exchange have been evaluated for
legal boundaries and cumbrances, legal access, mineral
potential, hazardous materials, threatened and endangered plant
and animal habitat, wetlands, cultural resources and timber
types, to ensure equal economic value between the State and
Federal holdings.
From the beginning, as the concept of this exchange was
being developed, a primary goal was to identify a land exchange
package that was absent of environmental resource concerns. The
surveys were conducted by professional staff, the analysis was
rigorous and included a mix of private and independent
contractors, as well as professional staff from the Department
of Lands, and the Clearwater National Forest, where the bulk of
the Federal parcels are going to be located. We held a series
of public forums to solicit public comment, meetings were held
with county commissioners to get their input, public
participation was solicited throughout the series of open
houses.
Senator Craig, Congressman Butch Otter and Governor Dirk
Kempthorne held a joint news conference to help advertise the
opportunity to comment on the exchange, a website had been
developed, by the city of Boise to provide information,
including copies of the legislation and gave the public an
opportunity to comment. Conservation and environmental groups
were specifically solicited for input and tribal governments
were also engaged to provide comment.
The proposal enjoys overwhelming support in Idaho, the
exchange encourages both common sense and improved economics.
We think it makes sense for the State to increase revenues to
the public school endowment while ensuring open space access to
the citizens. We think it makes sense to save money to have
publicly managed lands connected or contiguous for ecosystem-
wide management. It makes sense for the State of Idaho and the
Federal Government to have better access to prevent and battle
invasive species and wild land fires, and it makes sense to
provide more recreational opportunities and access to our
public lands for our citizens.
From the environmental community, to public officials to
land managers, everyone seems to view this as a win-win
endeavor. The concept for the exchange has been open,
transparent, it has been wise, and it has indeed been
bipartisan and very strong support in the State of Idaho. It is
an example of how local, State and Federal partners can come
together to work on an issue to develop an exchange which the
public and the land are the ultimate beneficiaries.
Consequently, I'm here to urge your support in the passage
of the legislation, and certainly answer any questions that I
can for you. Thank you.
[The prepared statement of Mr. Johnson follows:]
Prepared Statement of Keith L. Johnson, Idaho State Controller
Mr. Chairman, as Idaho's State Controller, I am one of five members
of the State Board of Land Commissioners (Land Board) which is
comprised of five of our state's elected officials. This includes the
Governor, the Secretary of State, the Attorney General, the
Superintendent of Public Instruction and myself, the State Controller.
The State Land Board, as trustee, is charged under the Idaho
Constitution with the management of state endowment lands and funds to
maximize the long-term financial return to certain beneficiaries within
the state, most notably the public schools in Idaho.
I come before you today to endorse and request your support for The
Idaho Lands Enhancement Act (S. 1131) because of its benefits to
citizens, schools and communities as well as the federal and state
agencies involved. This collaborative piece of legislation directs the
Secretaries of Interior and Agriculture to exchange lands that are
currently owned and managed by the federal government with lands owned
and managed by the State of Idaho from the Boise Foothills to North
Idaho. While my testimony today is my own and is not intended to be a
representation of the views of the Land Board as a whole, the board has
been involved in this matter from its inception and has voted
unanimously to support it.
Passage of this legislation will grant the regulatory authority for
this agreement which will ultimately provide the State of Idaho with
more timberland, meaning greater revenue to Idaho's public schools. The
people of Idaho, particularly those living in the Boise Valley, will
get more open space, a precious commodity in one of this nation's
fastest growing communities. These lands will be protected from
development and other limiting uses forever. Additionally, federal and
state agencies will increase efficiency in managing their lands for
fire, invasive species, and recreation with their land holdings
consolidated, rather than scattered.
The state-owned parcels in the Boise Foothills subject to this
exchange are endowment lands that are required under the state
constitution to be managed for the maximum benefit of the beneficiaries
of the endowment such as public schools. Historically, these lands have
provided revenue to the school endowment by leasing the ground to
cattle and sheep ranchers for grazing. However, the opportunities for
maximum return from this practice are becoming more limited due to the
economics of ranching in a more urbanized location versus other
competing uses for these lands. The State cannot legally simply convey
these parcels to the City of Boise nor can we manage them for non-
monetary returns such as recreational or aesthetic purposes. Because of
the constitutionally mandated fiduciary duty we have as a board to
maximize financial return, we needed a way to protect the open space
desires of the local community without negatively impacting the
financial condition of the beneficiaries of the endowments. This
proposed land exchange is the means to make that possible.
The land board currently manages approximately 750,000 acres of
commercial timberland in Idaho. These endowment lands are the principal
source of revenue to the beneficiaries, bringing in over $55,000,000
annually, which benefits the public school children in Idaho. Passage
of S. 1131 will enhance our ability to provide funding for Idaho's
public schools while providing the desired benefits for the community
and other government agencies.
The Idaho State Board of Land Commissioners voted last year in a
public meeting to grant conceptual approval of this exchange. Final
approval is pending the successful passage of this legislation.
All told, the exchange involves approximately 20,000 acres in 7
Idaho counties. A tremendous amount of effort has gone into this
exchange. All parcels in the exchange have been evaluated with regard
to legal boundaries, encumbrances, legal access, mineral potential,
hazardous materials, threatened and endangered plant and animal
habitat, wetlands, cultural resources and timber types and volume to
ensure equal economic value between the state and federal holdings.
From the very beginning as the concept of this exchange was being
developed, a primary goal was to identify a land exchange package that
was absent of environmental resource concerns. Once the conceptual
exchange lands were agreed to by the agencies, both literature reviews
and on the ground surveys were conducted by professional staff. The
analysis was rigorous and included a mix of private independent
contractors hired by the City of Boise and professional staff from
Idaho Department of Lands and the Clearwater National Forest where the
bulk of the federal parcels are located.
After completing the evaluation of the federal parcels to be
conveyed to the state, a series of public forums were conducted to
solicit public comment. First, meetings were held with County
Commissioners to gauge their support. Next, public participation was
solicited through a series of open house forums.
Notifications were mailed to federal agency lists throughout the
state. Senator Larry Craig, Congressman Butch Otter, and Governor Dirk
Kempthorne held a joint news conference to advertise the opportunity to
comment on the exchange. A website was developed by the city of Boise
to provide information including copies of the proposed legislation, as
well as the opportunity to comment. Public open house meetings were
held in the Idaho communities of Kellogg, St. Marie's, Moscow and
Boise.
Tribal governments were also engaged to provide comment. Their
principal concern was the ability to continue to hunt and fish on the
federal parcels that would be conveyed to the state. The Idaho
Department of Lands will honor this request.
While no public land use change is without some level of
opposition, this exchange proposal enjoys overwhelming support in
Idaho. The exchange encourages both common sense and improved
economics. It makes sense for the State to increase revenues to the
endowment while ensuring open space access to the citizens of its
largest community. It makes sense and saves money to have publicly
managed lands connected or contiguous for ecosystem-wide management. It
makes sense to consolidate scattered parcels to streamline on the
ground management activities. It makes sense for the State of Idaho and
the federal government to have better access to prevent and battle
invasive species and wildland fire. It makes sense to provide more
recreational opportunities and access to our public lands for our
citizens.
It is indeed rare to find the level of consensus demonstrated in
support of this land exchange. From the environmental community to
public officials to land managers, this is viewed as a win-win
endeavor. The concept for this land exchange has been open,
transparent, and has wide support throughout the state. This exchange
is an example of how local, state, and federal partners can come
together to collaboratively develop an exchange in which the public and
the land are the ultimate beneficiaries. Consequently, I strongly urge
your support in the passage of this legislation.
Senator Craig. Keith, thank you very much.
In part of your testimony, you've covered well the process
that this effort has gone through. From the very beginning, I
and others have insisted that it be a very open and transparent
process, and that we assume that certainly most of the criteria
of the National Environmental Policy Act be met even though
land exchanges do not require that and Congress by its
authority can legislate such land designation as it feels
necessary and appropriate.
But at the same time, I think all of us realize the
sensitivity of it, and as a result we proceeded. You briefly
described some of that. Would you reflect a little more on the
public involvement, and the collaboration that went on that has
brought us to a near-unanimous acceptance of this approach?
Mr. Johnson. Yes, certainly, Senator. I think you've
characterized it very well, that although NEPA technically is
not required, the way I've heard it characterized is the spirit
of NEPA has been met, largely, through this process. Clearly,
the city of Boise has led this endeavor, the voters of Idaho--
or the voters of Boise--elected to tax themselves $10 million
to acquire, through purchase, as much open space land as they
could. Those parcels that they're purchasing are next to the
State parcels that we will be trading to the Federal Government
to allow the spirit of what the city of Boise wanted to
accomplish through that vote to happen. So, it will allow open
space for recreational use, as well as reverb the view shed of
the city of Boise in perpetuity.
You mentioned the public comment period, as I said in my
statement, a website was created, public meetings were held
throughout the State to allow folks to come and visit and to
view maps and to get information and have their questions
answered. We solicited comments from the Idaho Conservation
League, the Nature Conservancy, the Kootenai Alliance--those
environmental groups that typically, and often, have a contrary
view to much of the land use decisions that are made in the
State--and they have come together to work with us on this
exchange, to make sure that it's open, that their questions are
answered, and it hasn't been completely unanimous yet, but as
you described, it is working toward a very comprehensive
support for this exchange, and those environmental groups are
on record now of not objecting to it, in most cases, supporting
what is being proposed.
Senator Craig. Thank you for that explanation. I think it
was thorough and appropriate, also. Some have grown frustrated
by, but you also covered in your testimony very well, the role
of the State, the State Land Board's authority under law and
constitution, and the State lands involved, and that highest
and best use, or value rate of return for the endowments can
really not be achieved as they once were, because of the
changed use of that land.
I found it fascinating, the thought went through my mind as
you were testifying, 50, 100 years ago, that was a spring sheep
range, and of course, that particular era of our livestock
raising on our public lands in Idaho, and in the West, brought
a population of people out of the Pyrenees, the Basque people
who are now prominent, and dominant, in the State of Idaho. We
are about to commence a Basque Festival in Boise, and it is
second only to the one held in the Basque country of Spain. And
all of it's a part of that culture, but I think that what this
exchange and project demonstrates is the ability to be flexible
and adjust as the use of the land changes over time. But the
value of its openness, while changed, still has a high value to
the community of Boise by their effort and their taxation.
Let me thank you very much for taking the time to be back
here representing the State, and the State Land Board on this
issue, we will move it now at this stage as expeditiously as we
can so the project can stay on time and on schedule. Thank you
very much for being with us.
With that, we will leave the record open for 10 days for
questions or additional comments that may come forward on the
legislation involved in this hearing. With that, this
subcommittee will stand adjourned.
[Whereupon, at 3:35 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Prepared Statement of Pamela Pride Eaton, Deputy Vice President,
Public Lands Campaign, The Wilderness Society, on S. 1170
Thank you for the opportunity to provide testimony for the record
of this hearing on S. 1170, the Fort Stanton-Snowy River National Cave
Conservation Act. The cave system at Fort Stanton, especially the newly
discovered ``Snowy River'' portion of the cave, is a unique and
marvelous treasure, owned by the American people and managed by the
Bureau of Land Management (BLM). It deserves special protection and we
are delighted legislation to protect it is moving forward.
We want to thank Senators Domenici and Bingaman for their
leadership in proposing legislation to safeguard this area. We look
forward to working with the Senators and the Committee to improve S.
1170 to ensure that this national treasure is adequately protected.
THE NATIONAL LANDSCAPE CONSERVATION SYSTEM
The Fort Stanton-Snowy River Cave National Conservation Area would
be a valuable addition to the National Landscape Conservation System
(NLCS). The National Landscape Conservation System encompasses 26
million acres in 12 western states, including National Conservation
Areas, National Monuments and wilderness areas. It embraces an
astonishing array of historic sites ranging from Native American
pueblos to traces of frontier-era migration routes. The Fort Stanton-
Snowy River Cave National Conservation Area would add a unique
dimension to this system of national treasures.
S. 1170
We strongly support the protection of the Fort Stanton-Snowy River
Cave complex and other caves in the Fort Stanton area through the
designation of a National Conservation Area (NCA). S. 1170 should be
improved in a number of ways to ensure that the magnificent resources
of the cave complex--and the lands of the Fort Stanton Area of Critical
Environmental Concern (ACEC) of which they are a part--are adequately
protected for all Americans.
SIZE OF THE CONSERVATION AREA
S. 1170 limits the Conservation area to ``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).'' It also limits the surface area protected to
``the minimum surface acreage . . . that is necessary to provide access
to the cave entrance.'' These boundaries and constraints are
insufficient to adequately protect the cave resource and the associated
surface lands in the Fort Stanton ACEC and should be changed.
Subsurface protection
The full extent of the Fort Stanton cave system has not yet been
determined. As the BLM testified, ``scientists and cavers tell us that
they expect many more miles of cave passages are left to be explored''
(Testimony of Lawrence E. Benna, Deputy Director, Operations, BLM, July
20, 2005). Also, there are numerous other caves within the Fort Stanton
area which contain significant cultural resources that are being
studied. S. 1170 should allow for the inclusion of all caves and
passages on federal lands in the Fort Stanton area--known and not yet
known--in the National Conservation Area. The bill should ensure that
all new cave discoveries on federal land that are part of the Fort
Stanton-Snowy River Cave complex are automatically added to the NCA.
Surface protection
S. 1170 should also protect all federally-owned surface areas above
the caves and the surface lands should be managed consistent with the
standards for National Conservation Areas. BLM notes in its testimony
that ``[w]hile 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.'' As currently
drafted, Section 4, Subsection D(1)(B) says the NCA designation cannot
preclude ``any activity or use, including new uses, on the surface land
above the Conservation Area or on any land appurtenant to that surface
land.'' This language should be removed and all federally-owned surface
lands associated with the cave should be included in the NCA.
The Fort Stanton-Snowy River Cave area should be made a National
Conservation Area, consistent with other such designations and the
``critical elements'' outlined by Deputy BLM Director Benna in his
testimony on July 20, 2005. According to Benna, ``[e]ach of the NCA's
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, [off-highway
vehicle] 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.'' Meeting the critical elements
includes insuring that sufficient surface lands are withdrawn to
appropriately manage the resource, that those lands are managed to
conserve the NCA's resources, and that at least management is as or
more protective as the current management standards for the area,
contained in the management prescriptions for the Fort Stanton ACEC.
FORT STANTON ACEC
Ideally, S. 1170 should protect the whole Fort Stanton ACEC. This
24,630-acre area encompasses outstanding biological, archeological, and
scenic qualities, including the Fort Stanton-Snowy River Cave and the
Feather Cave Archeological Complex, which includes Feather Cave, Lower
Stanton Pueblo Ruin, and Indian Shelter Cave. Designation of the entire
Fort Stanton ACEC as an NCA would protect the known and yet to be
discovered portions of the Fort Stanton-Snowy River Cave complex and
the other important values of the ACEC. The ACEC does not include the
State-owned hospital, prison, or the Sierra Blanca Airport, all of
which are within the boundary but not included in the acreage or
affected by federal land designations.
Fort Stanton ACEC is already withdrawn from the general mining
laws, and closed to the disposal of leasable minerals and to the
leasing of oil and gas. It is protected from other developments, such
as major rights-of-way. Vehicle use is restricted to designated roads
and trails. Fort Stanton is a ``Special Recreation Management Area''
with emphasis on providing quality recreational opportunities, while
protecting riparian and wildlife resources.
This entire special area should be encompassed in the Fort Stanton-
Snowy River Cave National Conservation Area created by S. 1170.
NAMING THE NATIONAL CONSERVATION AREA
S. 1170 would create the ``Fort Stanton-Snowy River National Cave
Conservation Area.'' We believe the name should be consistent with the
naming of other conservation areas managed by the Bureau of Land
Management. That is, the name should be the ``Fort Stanton-Snowy River
Cave National Conservation Area.'' S. 1170 implies that it is creating
a new class of ``Cave Conservation Areas.'' This is unnecessary and
could be confusing to the public, who may already struggle to
understand the various categories of public lands in the National
Landscape Conservation System.
WATER RESOURCES
S. 1170 denies a federal reserved water right for this National
Conservation Area. Because water was essential in the formation of the
Snowy River Cave and continues to shape the features that give the
Snowy River Cave its name, S. 1170 should be modified to direct the BLM
to ensure that water resources are secured as necessary to protect the
continuing dynamics of the cave and its features.
CONCLUSION
We strongly support the protection of the Snowy River Cave system
and the Fort Stanton ACEC. We urge the committee to expand its vision
for this area and protect the full array of resources and lands
encompassed in the Fort Stanton ACEC. We look forward to working with
Senators Domenici and Bingaman and others on the Committee to protect
this area which is so important to New Mexicans and all Americans by
adding it to the National Landscape Conservation System as a National
Conservation Area.
______
Prepared Statement of Jeff Parker, Administrative Director,
Northwest Youth Corps, Eugene, OR
Mr. Chairman and members of the Subcommittee, I appreciate the
opportunity to submit testimony for the record in support of S. 1238,
the Public Lands Corps Healthy Forests Restoration Act of 2005. I want
to thank Senators Feinstein, Domenici, and Bingaman for their
leadership in this process.
I am the Administrative Director of the Northwest Youth Corps
(NYC). The NYC is headquartered in Oregon but also does work in Idaho,
Washington State, and California. I am also testifying on behalf of the
National Association of Service and Conservation Corps (NASCC) which
represents the corps movement in Washington and consists of more than
100 corps, enrolling 23,000 corpsmembers in 37 states and the District
of Columbia. I have attached detailed descriptions of the NYC and NASCC
for the record.*
---------------------------------------------------------------------------
* Retained in subcommittee files.
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Because this bill differs in certain key respects from earlier
versions, I will summarize its key provisions. First, it authorizes the
Interior and Agriculture Secretaries to enter into contracts or
cooperative agreements with conservation corps to carry out appropriate
conservation projects which are defined as ``any project for the
conservation, restoration, construction or rehabilitation of natural,
cultural, historic, archeological, recreational, or scenic resources.''
Second, it establishes a priority for projects that will reduce the
risk of wildfire to a community, municipal water supply, or other at-
risk Federal land; protect watersheds or address threats to the health
of forests and rangeland; address the impact of insect or disease
infestation or other damaging agents; and protect, restore, and enhance
components of forest ecosystems to promote the recovery of threatened
and endangered species, improve biological diversity, and enhance
productivity and carbon sequestration.
It also establishes two preferences. For appropriate conservation
projects, the Secretary ``may'' give preference to a qualified corps
that has a substantial portion of members who are economically,
physically, or educationally disadvantaged. For priority projects, the
Secretary ``shall, to the maximum extent practicable'' give preference
to a qualified corps that has a substantial portion of members who are
economically, physically, or educationally disadvantaged.
Fourth, it gives the Secretary discretion to grant credit for time
served in the Public Lands Corps toward future Federal hiring and to
provide non-competitive hiring status for Corps alumni for up to 120
days.
Fifth, the government may not pay more than 75 percent of the cost
of any project. The remaining 25 percent may be provided in cash or in-
kind from nonfederal sources.
Finally, it authorizes $15 million per year, of which $10 million
is to carry out priority projects.
I would like to note that on July 14, 2005 the Administration
expressed its support for H.R. 2875, identical legislation, in
testimony before the Subcommittee on Forests and Forest Health of the
House Resources Committee.
Based on the Northwest Youth Corps' work and reports from my
colleagues around the country, it is clear that corps have an important
role to play in preventing forest fires and other natural disasters,
providing appropriate assistance to communities threatened by such
disasters, and helping them recover from the devastation that occurs.
As of July 6, nine states--Alaska, Arizona, California, Colorado,
Nevada, New Mexico, Texas, Utah, and Washington--had reported large,
active fires. About 324 large fires have been contained this year. In
addition to these large fires, the National Interagency Fire Center
reported that almost 32,000 fires have consumed about three million
acres since January 1. In 2004, some 77,534 reported fires burned
6,790,692 acres. Federal government agencies spent $890 million to
suppress them.
In 2004 the National Fire News noted that ``as firefighters control
wildland fires, another group of quiet heroes move into the area to
start the healing. After a wildland fire, the land may need
stabilization to prevent loss of topsoil through erosion and prevent
the movement of dirt into rivers and streams. Land management
specialists and volunteers jump start the renewal of plant life through
seeding and planting with annuals, trees, and native species that help
retain soils and fight invasive weeds. It's a long term process that
comes alive as the wildland fires die down.''
This is exactly the kind of work at which corps excel:
In 2004, the Montana Conservation Corps (MCC) completed over
600 acres of wildfire fuels reduction projects in partnership
with Yellowstone National Park, with state agencies on private
lands, and with local conservation districts. Its priority has
been to create defensible space around historic buildings in
the national parks and around campgrounds. At Big Hole National
Historic Battlefield, MCC crews thinned areas of woodlands
adjacent to national forest lands to protect the cultural
resources from catastrophic wildfires. In West Yellowstone, MCC
partnered with the Chamber of Commerce to remove 300 hazardous
trees lining the popular Rendezvous Ski Trails, site of
national ski races, and an important economic asset in a
community trying to diversify from the traditional snowmobile-
based economy. MCC is working to sign agreements to work with
BAER (Burned Area Emergency Recovery) teams to complete post-
fire emergency restoration activities including erosion
control, hazardous tree removal, tree planting, trail
maintenance, and stream restoration.
In 2004, NYC Corpsmembers built or maintained 448 miles of
trail, pruned 105 acres of conifers, performed fuel reduction
on 181 acres, planted 6,550 trees, and restored 28 acres of
wetlands.
In the summer of 2003, the Rocky Mountain Youth Corps
(Colorado) thinned almost 175 acres in Rocky Mountain National
Park and Medicine Bow/Routt National Forest and rehabilitated
another 155 acres in Rocky Mountain National Park. In June and
July, 2003 Lathrop State Park, it felled 664 trees, maintained
360 feet of fence, and eradicated weeds from 60 acres.
In 2003, the Utah Conservation Corps did thinning in a wild
land fire-urban interface zone outside of Park City that was a
partnership between a homeowner's association and Utah
Department of Forestry. In the past, it has carried out ``soil
stabilization'' projects in the Bridger-Teton National Forest
that included the rehabilitation and re-routing of trail in bum
areas and building drainage structures.
In 2003, the Youth Corps of Southern Arizona have partnered
with Apache-Sitgreaves National Forest, the Coronado National
Forest, and Chiricahua National Monument. Corpsmembers cut and
piled excess fuels in preparation for a bum as part of a
hazardous fuel reduction project. They also thinned and removed
trees for habitat improvement in the Apache-Sitgreaves. The
YCOSA worked with Ramsay Canyon, a facility of The Nature
Conservancy in southern Arizona to remove hazardous, flammable
material from buildings. Work to create defensible space was
conducted several weeks prior to a fire and the Corps has
received credit for saving the buildings. Crews have also been
sent to fires on BLM and USFS areas in Wyoming and Arizona.
The Coconino Rural Environment Corps located in Flagstaff,
Arizona thins hundreds of acres of federal, state, county,
city, and private lands every year. The Corps has created
multiple partnerships in local communities to mitigate the
hazards of catastrophic wild fires. The Partnership also
provided the local Native American Reservations with more than
400 cords of fire wood. Working with County and City Waste
Management, the partnership found a way to transport fire wood
to community members in need with little to no cost to the
project. The partnerships have also increased community
awareness to the dangers of wildfire and the risks that may be
associated with living in one of the most fire prone forests in
the world, thus creating a more fire wise community. The CREC
thins more than 500 acres a year and returns more than 4000
acres to native grasslands. Forest restoration has also been a
large portion of the forestry work CREC has done over the last
several years.
The Western Colorado Conservation Corps (WCCC) has done
access and egress in urban interface in the Black Canyon of the
Gunnison National Park housing area to insure safe passage for
emergency response workers. Corpsmembers have been trained in
firescaping around new suburban neighborhoods as cities spread
into rural areas. They help to provide both visually aesthetic
and fire resistant landscape around structures of value and
along the avenues of emergency response.
In 2003, the Minnesota Conservation Corps responded to 45
wildfires that totaled 30,656 acres. It completed 920 home and
property assessments (fire wise) relating to wildfire danger
and defensible space and made recommendations to the home
owners on how to make their property safer in the event of a
wildfire. Corpsmembers also provided about 8,720 hours in
indirect fire suppression activities including 5 miles of fire
break construction, 400 acres of timber stand improvement, and
5,560 acres of prescribed bums. In any given year MCC plants
150,000 plus trees in areas that may or may not have been
impacted by previous fires. MCC also completes 150 Forest
Inventory Analysis (FIA) plots each year for the Minnesota
Department of natural resources Division of Forestry. These
plots are then used in a variety of Forestry models including a
wildfire model.
The California Conservation Corps (CCC) is the nation's
oldest, largest and longest-running youth conservation corps.
Nearly 90,000 young men and women have worked more than 50
million hours to protect and enhance California's environment
and communities and have provided six million hours of
assistance with emergencies like fires, floods and earthquakes.
Last June the CCC laid plastic and sandbags on Delta levees to
prevent flooding; fought fires in Santa Barbara and Madera
counties and surveyed for the glassy-winged sharpshooter (a
major agricultural pest that has caused the loss of millions of
dollars to wine grape growers). At the request of the San
Joaquin County Office of Emergency Services and the state
Department of Water Resources, 15 crews placed heavy plastic
sheeting and sandbags to protect 13.5 miles of interior levees
not designed to hold flood waters. Twelve Corps sent crews to
fight floods. At the same time the CCC responded to the Delta
levees, three crews were dispatched to the Gaviota Fire in
Santa Barbara County. Corpsmembers also provided the California
Department of Forestry and Fire Protection with logistical
support. As crews finished up with the Gaviota Fire, the CCC
was called upon to respond to the Source Fire in the Sierra
National Forest, under the direction of the U.S. Forest
Service. Fresno and Pomona corpsmembers provided assistance at
the fire camp.
As you can see from these examples, corps have experience working
with federal, state, and local land management agencies. Indeed, the
Forest Service invested $4.2 million in partnerships with Corps and
leveraged an additional $2.4 million in match.
S. 1238 will provide the federal government with the resources
necessary to continue to utilize corps and cost-effectively fight
wildfires.
Invasive species are another large and growing threat to our public
lands across the nation. Up to 46 percent of the plants and animals
listed as endangered species by the federal government have been
negatively affected by invasive species. Purple loosestrife diminishes
waterfowl habitats, alters wetland structure and function, and chokes
out native plants. The Asian longhorned beetle is causing the
destruction of valuable city trees and could spread to forests. Nutria
is devastating large portions of wetland ecosystems.
Invasive plants are estimated to infest 100 million acres in the
United States. Every year, they spread across three million additional
acres, an area twice the size of Delaware. According to a Bureau of
Land Management study (1996) up to 4,600 acres of additional Federal
public natural areas in the Western continental United States are
negatively affected by invasive plant species every day. One report
indicates that the economic cost of invasive species to Americans is an
estimated $137 billion every year.
Corps have also been mobilized in California, Montana, Colorado,
New Mexico, and elsewhere to fight invasive species; a growing problem
on our public lands across the nation. For example:
The Rocky Mountain Youth Corps (RMYC), based in Taos and the
Western Colorado Conservation Corps (WCCC), based in Grand
Junction, Colorado, have been actively involved in tamarisk
removal for several years. This year and last, the WCCC has
partnered with the Colorado State Parks Department and the
state Division of Wildlife, the Audubon Society, and the
Tamarisk Coalition to control 28 acres of Tamarisk and Russian
Olive, 7 acres of Hounds Tongue, Canada Thistle and other
species, as well as 15 miles of Salsafy, Russian Thistle,
Storks Bill and other species.
Last August, Colorado's Rock Mountain Youth Corps based in
Steamboat Springs removed 1550 Tamarisk frees from the Dinosaur
National Monument. In August 2003, corpsmembers more than
10,000 square feet of Tamarisk and poisoned the stumps.
The Northwest Youth Corps removed noxious weeds from 1,537
acres.
The Montana Conservation Corps is partnering with the
National Forest Foundation, Gallatin National Forest, and
Gallatin/Big Sky Weed Management Area Committee to undertake an
extensive invasive weed mapping and removal project in the Lee
Metcalf Wilderness. The project will include: creating an
inventory (GPS/photos), hand-pulling, reseeding, biological
controls and spot spraying of noxious weeds by a crew of seven
young adults for four weeks at 12 trailheads, 24 backcountry
campsites and along 124 miles of trails in the northern unit of
the Lee Metcalf Wilderness. In 2003, in partnership with the
Charles M. Russell National Wildlife Refuge (USFWS), MCC
floated sections of the Missouri Breaks Wild and Scenic River
to inventory and map patches of invasive Leafy Spurge using
hand-held GPS units and data loggers. The crews collected
thousands of Flea Beetles, a tested and successful biological
control method for leafy spurge, and returned to the surveyed
sites to release the flea beetles in the most sensitive areas.
While targeting fires and invasive species, S. 1238 provides
disadvantaged youth with an opportunity to help themselves by helping
their communities by supporting programs like the Southwest Youth
Corps' (Colorado) Fire Careers Training Program. The program which
started in September 2004 has two goals. First, it trains young people
18-25 for careers in the wildland fire management industry. Second, it
helps to reduce the threat of fires by providing wildfire prevention
and mitigation services. In addition to training, participants
completed more than 7,000 hours of significant fire prevention projects
in Utah, Colorado, and New Mexico.
In a recent class nine young adults completed the program which
includes S212 chainsaw training, S130/190 introduction basic wildland
firefighting, and between 300 and 900 hours of on-the-job training. All
nine obtained jobs at the conclusion of the program. Six of the
participants obtained jobs directly with federal agencies, local
mitigation companies, and other youth corps that is directly related to
their experience and training.
According to Allen Farnsworth, the BLM Fire Mitigation and
Education Specialist for the San Juan Public Lands Center in Durango,
Colorado ``. . . participants got some new life skills that will help
them get decent paying jobs, the agencies got to assist one of our non-
profit partners by providing training, and the wildland fire industry
has a trained and energetic employee pool to pick from. It doesn't get
much better than that.''
A current Rocky Mountain Youth Corps of Colorado (RMYC) project
with the Department of Wildlife in Yampa River State Park in Hot
Sulphur Springs provided chainsaw training for 20 conservation corps
mentors who were then placed throughout RMYC crews and utilized for
further fuels reduction projects. Corpsmembers thin forests comprised
mainly of cottonwoods.
Service and conservation Corps are descended from the Civilian
Conservation Corps (CCC) of the Depression era, and are established
pathways to re-integrate vulnerable young people into society. They
engage primarily young people ages 16-25 in service, training, and
educational activities. The corps model places young people under the
leadership of adult leaders who serve as mentors and role models.
In return for their efforts to restore and strengthen communities,
corpsmembers receive: a stipend, classroom education to improve basic
competencies and secure credentials, technical skills training, and
supportive services. Young men and women learn to value their personal
contribution, learn the importance of teamwork and experience the
recognition that comes from making a positive investment in their
community.
Approximately 60 percent of NASCC corpsmembers are young people of
color, half enroll without a high school diploma or GED and 55 percent
come from homes where the annual income is less than $15,000. A
rigorous, random assignment evaluation conducted by Abt Associates/
Brandeis University reported that significant employment and earnings
gains accrue to young people who join a corps and that they are
significantly less likely to engage in anti-social behavior. Corps also
generate a positive return on investment.
S. 1238 provides needed additional resources to meet the challenges
posed by forest fires, invasive species, and other threats to our
ecosystem. Enactment of this bill and the funding that it authorizes
will enable us to do more.
Thank you for the opportunity to submit testimony on this important
piece of legislation.