[Congressional Record Volume 143, Number 157 (Sunday, November 9, 1997)]
[Senate]
[Pages S12309-S12310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1509. A bill to authorize the Bureau of Land Management to use 
vegetation sales contracts in managing land at Fort Stanton and certain 
nearby acquired land along the Rio Bonita in Lincoln County, New 
Mexico, to the Committee on Energy and Natural Resources.


   the fort stanton and rio bonito corridor vegetation management act

  Mr. DOMENICI. Mr. President, I rise to introduce a bill to authorize 
the Bureau of Land Management to generate funds for the management of 
Fort Stanton and the Rio Bonito Corridor in Lincoln County, NM. These 
funds will be raised by authorizing the use of vegetation sales 
contracts, which will allow the use of forage for livestock grazing.
  The Fort Stanton and Rio Bonito Corridor Vegetation Management Act 
will provide livestock producers with opportunities for additional 
grazing in the Fort Stanton area, while providing the Bureau of Land 
Management [BLM] the flexibility to manage the lands in this area 
according to the recently approved Roswell Area Resource Management 
Plan.
  Mr. President, as background, land in the Fort Stanton area has been 
acquired by the BLM through purchase, exchange, and transfer from the 
State of New Mexico. Fort Stanton itself came under the jurisdiction of 
the BLM by transfer from the U.S. General Services Administration in 
1956. Certain tracts along the Rio Bonito in the Fort Stanton area came 
to the BLM by exchange in 1995. These lands are highly valued for their 
unique cultural, historic, and natural resources.
  General, livestock grazing is managed by the BLM according to a 
number of laws, including the Taylor Grazing Act, and the regulations 
that implement those laws. Currently, the Fort Stanton area lands are 
not within an established grazing district, and are not administered 
under the Taylor Grazing Act. To continue maintaining and improving the 
resources of these lands, and to fulfill the management objectives 
established through the Federal Land Policy and Management Act [FLPMA] 
planning process, the BLM needs additional management flexibility. The 
management of vegetation under this additional flexibility will allow 
for improvement of watershed conditions and wildlife habitat, and will 
allow for the development of additional recreational opportunities on 
these public lands, all of which provide benefits for the people and 
economy of Lincoln County, NM.
  The use of livestock grazing in this area has been employed 
successfully by the BLM in the past. Rangeland improvements and 
vegetation treatments will emphasize the needs of wildlife and improve 
watershed management as intended under the current management plan. The 
use of vegetation sales contracts authorized by this legislation will 
allow the BLM to use livestock grazing without establishing grazing 
preferences on these lands.
  Finally, Mr. President, the proceeds from vegetation sales contracts 
will provide additional money for the BLM to use in the management of 
Fort Stanton and the Rio Bonito Corridor. When offered by the BLM, 
these contracts will be sold to the highest bidder, who will then be 
permitted to graze livestock in this area under specific terms and 
conditions. Some will wonder how the Senator from New Mexico, who has 
consistently opposed the policy of competitive bidding for grazing 
permits on public lands, could offer such a proposal. Quite simply, Mr. 
President, the BLM's management plan for this area provides the rancher 
bidding on these contracts with facilities and a number of services at 
Fort Stanton, that it simply cannot provide on the vast majority of the 
270 million acres it is charged with managing. This area will be 
similar to the furnished apartment--where facilities and services are 
provided by the BLM as a part of the contract--which my colleagues have 
heard used as a comparison on the Senate floor in the past. Grazing 
permits offered on other public domain lands remain the unfurnished 
apartment--where the BLM provides no facilities or services to grazing 
permittees.
  At Fort Stanton, the BLM will be responsible for maintaining and 
operating the watering facilities, and will not require the lessee to 
construct improvements and pay for them out of his own pocket. 
Additionally, the BLM already owns all of the livestock handling 
facilities at Fort Stanton, and the lessee will be allowed to use them 
as a part of the contract. Under this legislation, part of the proceeds 
from the sale of these contracts will be available for BLM to provide 
improvements to existing facilities, and a greater level of onsight 
management than is available on other public lands. An additional 
difference is that this public land has not been an integral part of an 
established ranch for the past 60 years, at least not in the same

[[Page S12310]]

manager as public land ranches governed by the Taylor Grazing Act. This 
means that providing opportunities for competitive bidding in this area 
will not remove the heart of an existing family ranch that has been in 
operation for several generations.
  Mr. President, I am hopeful that the Senate will be able to move this 
legislation through Congress rapidly next year, and I ask unanimous 
consent that the full text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1509

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Stanton and Rio Bonito 
     Corridor Vegetation Management Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the lands under the jurisdiction of the Secretary 
     surrounding Fort Stanton, New Mexico, contain historic and 
     natural resources that warrant special management 
     considerations by the Bureau of Land Management;
       (2) the adjudication process for establishing grazing 
     preferences under the Act of June 28, 1934 (commonly known as 
     the ``Taylor Grazing Act'') (43 U.S.C. 315 et seq.) and other 
     applicable laws has not been conducted on lands acquired by 
     the Secretary at and near Fort Stanton, New Mexico, including 
     lands along the Rio Bonito in Lincoln County, New Mexico;
       (3) in the management of renewable forage resources on 
     lands surrounding Fort Stanton, New Mexico, vegetation sales 
     contracts would be a beneficial tool for the Bureau of Land 
     Management to use to maintain and enhance the condition of 
     the forage and other natural resources of the area;
       (4) the management of grazing animals under vegetation 
     sales contracts requires fiscal resources and personnel that 
     exceed that of the grazing preference system in place on 
     other public domain lands; and
       (5) disputes over the legal description of lands acquired 
     by the Secretary along the Rio Bonito in Lincoln County, New 
     Mexico, make it necessary for the Bureau of Land Management 
     to pursue reasonable legal remedies under existing 
     authorities to resolve such disputes with adjacent 
     landowners.

     SEC. 3. DEFINITIONS.

       (1) Fort Stanton.--The term ``Fort Stanton'' means land 
     under the administrative jurisdiction of the Secretary at 
     Fort Stanton, New Mexico, as depicted on the map entitled 
     ``Fort Stanton and Rio Bonito Corridor, NM'', dated May 13, 
     1997.
       (2) Rio bonito corridor.--The term ``Rio Bonito Corridor'' 
     means land under the administrative jurisdiction of the 
     Secretary near Fort Stanton, New Mexico, within the area 
     identified as the ``Rio Bonito Corridor'', as depicted on the 
     map entitled ``Fort Stanton and Rio Bonito Corridor, NM'', 
     dated May 13, 1997, which--
       (A) was acquired by the Secretary before May 13, 1997; or
       (B) is acquired by the Secretary (by purchase or exchange) 
     from willing landowners after May 13, 1997.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the Bureau of 
     Land Management.

     SEC. 4. MAPS.

       The maps referred to in section 3 shall be made available 
     for public inspection by the Bureau of Land Management at the 
     Roswell District Office in Roswell, New Mexico, and at the 
     New Mexico State Office in Santa Fe, New Mexico.

     SEC. 5. MANAGEMENT OF FORT STANTON AND RIO BONITO LAND.

       (a) In General.--Notwithstanding any provision of the Act 
     of June 28, 1934 (43 U.S.C. 315 et seq.), or any other law 
     relating to the establishment, leasing, or permitting of 
     grazing under a grazing preference, the Secretary, in 
     managing land within Fort Stanton and the Rio Benito Corridor 
     that is under the jurisdiction of the Secretary, may solicit 
     competitive bids for and enter into vegetation sales 
     contracts for the purpose of using livestock grazing as a 
     vegetation management tool. Any such contracts entered into 
     with respect to the land before the date of enactment of this 
     Act are ratified.
       (b) Consistency With Land and Resource Management Plans.--
     Management of Fort Stanton and the Rio Benito Corridor shall 
     be consistent with any applicable land and resource 
     management plan under the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1701 et seq.).
       (c) Distribution and Use of Proceeds.--Of the proceeds of 
     vegetation sales contracts entered into under subsection 
     (a)--
       (1) 12\1/2\ percent shall be paid to the State of New 
     Mexico for distribution to Lincoln County, New Mexico, to be 
     used for purposes authorized by section 10 of the Act of June 
     28, 1934 (43 U.S.C. 315i);
       (2) 12\1/2\ percent shall be deposited in the general fund 
     of the Treasury of the United States; and
       (3) 75 percent shall be deposited in a special account in 
     the Treasury of the United States and shall be available to 
     the Secretary, without further Act of appropriation, for use 
     in managing Fort Stanton and the Rio Benito Corridor and to 
     achieve the management goals and prescriptions identified in 
     applicable resource management plans for the Rio Benito 
     acquired lands and the Fort Stanton area of critical 
     environmental concern, but none of the proceeds provided to 
     the Secretary under this paragraph shall be available for 
     land acquisition.
                                 ______