[Congressional Record Volume 151, Number 152 (Wednesday, November 16, 2005)]
[Senate]
[Pages S13058-S13059]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[[Page S13058]]
      FORT STANTON-SNOWY RIVER NATIONAL CAVE CONSERVATION AREA ACT

  The Senate proceeded to consider the bill (S. 1170) to establish the 
Fort Stanton-Snowy River National Cave Conservation Area, which had 
been reported from the Committee on Energy and Natural Resources, with 
amendments, as follows:
  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                S. 1170

       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-Snowy River 
     National Cave Conservation Area Act''.

     [SEC. 2. DEFINITIONS.

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

     [SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL 
                   CAVE CONSERVATION AREA.

       [(a) In General.--There is established the Fort Stanton-
     Snowy River National Cave Conservation Area in Lincoln 
     County, New Mexico, to secure, protect, and conserve 
     subterranean natural and unique features and environs for 
     scientific, educational, and other appropriate public uses.
       [(b) Boundaries.--The Conservation Area shall include--
       [(1) the minimum subsurface area necessary to provide for 
     the Fort Stanton Cave, including the Snowy River passage in 
     its entirety (which may include other significant caves); and
       [(2) the minimum surface acreage, as determined by the 
     Secretary, that is necessary to provide access to the cave 
     entrance.
       [(c) Map and Legal Description.--
       [(1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare a map and 
     legal description of the Conservation Area.
       [(2) Effect.--The map and legal description of the 
     Conservation Area shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in the map and legal description.
       [(3) Public availability.--The map and legal description of 
     the Conservation Area shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     [SEC. 4. ADMINISTRATION OF CONSERVATION AREA.

       [(a) In General.--The Secretary shall administer the 
     Conservation Area--
       [(1) in accordance with the laws (including regulations) 
     applicable to public land and the management plan required by 
     this Act; and
       [(2) in a manner that provides for--
       [(A) the conservation and protection of the natural and 
     unique features and environs for scientific, educational, and 
     other appropriate public uses of the Conservation Area;
       [(B) public access, as appropriate, while providing for the 
     protection of the cave resources and for public safety;
       [(C) the continuation of other existing uses and new uses 
     of the Conservation Area that do not substantially impair the 
     purposes for which the Conservation Area is established;
       [(D) the protection of new caves within the Conservation 
     Area, such as the Snowy River passage within Fort Stanton 
     Cave;
       [(E) the continuation of such uses on the surface acreage 
     as exist under management action in place prior to 
     designation of the Conservation Area by this Act; and
       [(F) scientific investigation and research opportunities 
     within the Conservation Area, including through partnerships 
     with colleges, universities, schools, scientific 
     institutions, researchers, and scientists to conduct research 
     and provide educational and interpretive services within the 
     Conservation Area.
       [(b) Withdrawals.--Subject to valid existing rights, all 
     Federal surface and subsurface land within the Conservation 
     Area and all land and interests in the surface and subsurface 
     land that are acquired by the United States after the date of 
     enactment of this Act for inclusion in the Conservation Area, 
     are withdrawn from--
       [(1) all forms of entry, appropriation, or disposal under 
     the general land laws;
       [(2) location, entry, and patent under the mining laws; and
       [(3) operation under the mineral leasing and geothermal 
     leasing laws.
       [(c) Management Plan.--
       [(1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       [(2) Purposes.--The management plan shall--
       [(A) describe the appropriate uses and management of the 
     Conservation Area;
       [(B) incorporate, as appropriate, decisions contained in 
     any other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       [(C) take into consideration any information developed in 
     studies of the land and resources within or adjacent to the 
     Conservation Area; and
       [(D) engage in a cooperative agreement with Lincoln County, 
     New Mexico, to address the historical involvement of the 
     local community in the interpretation and protection of the 
     resources of the Conservation Area.
       [(d) Activities Outside Conservation Area.--
       [(1) In general.--The fact that an activity or use is not 
     permitted inside the Conservation Area shall not preclude--
       [(A) the conduct of the activity on land, or the use of 
     land for the activity, outside the boundary of the 
     Conservation Area, consistent with other applicable laws 
     (including regulations); or
       [(B) any activity or use, including new uses, on the 
     surface land above the Conservation Area or on any land 
     appurtenant to that surface land.
       [(2) Management.--The surface land described in paragraph 
     (1)(B) shall continue to be managed for multiple uses in 
     accordance with all applicable laws (including regulations).
       [(e) Research and Interpretive Facilities.--
       [(1) In general.--The Secretary may establish facilities 
     for--
       [(A) the conduct of scientific research; and
       [(B) the interpretation of the historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources of the Conservation Area.
       [(2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the State of New Mexico and other 
     institutions and organizations to carry out the purposes of 
     this Act.
       [(f) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation of any water right.

     [SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       [There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.]

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL 
                   CAVE CONSERVATION AREA.

       (a) In General.--There is established the Fort Stanton-
     Snowy River National Cave Conservation Area in Lincoln 
     County, New Mexico, to secure, protect, and conserve 
     subterranean natural and unique features and environs for 
     scientific, educational, and other appropriate public uses.
       (b) Boundaries.--The Conservation Area shall include--
       (1) the minimum subsurface area necessary to encompass the 
     ``Ft. Stanton Cave'' and the ``Newly Discovered Cave'', as 
     depicted on the map entitled ``Fort Stanton Cave'' and dated 
     March 29, 2005; and
       (2) the minimum surface acreage, as determined by the 
     Secretary, that is necessary to provide access to the cave 
     entrance, but not to exceed 40 acres.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall establish detailed 
     boundaries and prepare a map and legal description of the 
     Conservation Area that depicts the minimum acreage necessary 
     to encompass the land described in subsection (b), based on 
     the smallest legal subdivision described in not less than 40 
     acre aliquot parts.
       (2) Effect.--The map and legal description of the 
     Conservation Area shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of 
     the Conservation Area shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

       (a) In General.--The Secretary shall administer the 
     Conservation Area--
       (1) in accordance with the laws (including regulations) 
     applicable to public land and the management plan required by 
     this Act; and
       (2) in a manner that provides for--
       (A) the conservation and protection of the natural and 
     unique features and environs for scientific, educational, and 
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the 
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses and new uses of 
     the Conservation Area that do

[[Page S13059]]

     not substantially impair the purposes for which the 
     Conservation Area is established;
       (D) management of the surface area overlying the 
     Conservation Area in accordance with the Fort Stanton Area of 
     Critical Environmental Concern Final Activity Plan dated 
     March, 2001; and
       (E) scientific investigation and research opportunities 
     within the Conservation Area, including through partnerships 
     with colleges, universities, schools, scientific 
     institutions, researchers, and scientists to conduct research 
     and provide educational and interpretive services within the 
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all 
     Federal surface and subsurface land within the Conservation 
     Area and all land and interests in the surface and subsurface 
     land that are acquired by the United States after the date of 
     enactment of this Act for inclusion in the Conservation Area, 
     are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal 
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any 
     other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in 
     studies of the land and resources within or adjacent to the 
     Conservation Area; and
       (D) provide for a cooperative agreement with Lincoln 
     County, New Mexico, to address the historical involvement of 
     the local community in the interpretation and protection of 
     the resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--The 
     establishment of the Conservation Area shall not--
       (1) create a protective perimeter or buffer zone around the 
     Conservation Area; or
       (2) preclude uses or activities outside the Conservation 
     Area that are permitted under other applicable laws, even if 
     the uses or activities are prohibited within the Conservation 
     Area.
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities 
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the State of New Mexico and other 
     institutions and organizations to carry out the purposes of 
     this Act.
       (f) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation of any water right.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The amendment (No. 2593) was agreed to, as follows:

              (Purpose: To provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER CAVE 
                   NATIONAL CONSERVATION AREA.

       (a) Establishment; Purposes.--There is established the Fort 
     Stanton-Snowy River Cave National Conservation Area in 
     Lincoln County, New Mexico, to protect, conserve, and enhance 
     the unique and nationally important historic, cultural, 
     scientific, archaeological, natural, and educational 
     subterranean cave resources of the Fort Stanton-Snowy River 
     cave system.
       (b) Area Included.--The Conservation Area shall include the 
     area within the boundaries depicted on the map entitled 
     ``Fort Stanton-Snowy River Cave National Conservation Area'' 
     and dated November 2005.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a map and legal description of the Conservation Area.
       (2) Effect.--The map and legal description of the 
     Conservation Area shall have the same force and effect as if 
     included in this Act, except that the Secretary may correct 
     any minor errors in the map and legal description.
       (3) Public availability.--The map and legal description of 
     the Conservation Area shall be available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.

     SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

       (a) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     resources and values of the Conservation Area, including the 
     resources and values described in section 3(a); and
       (B) in accordance with--
       (i) this Act;
       (ii) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (iii) any other applicable laws.
       (2) Uses.--The Secretary shall only allow uses of the 
     Conservation Area that are consistent with the protection of 
     the cave resources.
       (3) Requirements.--In administering the Conservation Area, 
     the Secretary shall provide for--
       (A) the conservation and protection of the natural and 
     unique features and environs for scientific, educational, and 
     other appropriate public uses of the Conservation Area;
       (B) public access, as appropriate, while providing for the 
     protection of the cave resources and for public safety;
       (C) the continuation of other existing uses or other new 
     uses of the Conservation Area that do not impair the purposes 
     for which the Conservation Area is established;
       (D) management of the surface area of the Conservation Area 
     in accordance with the Fort Stanton Area of Critical 
     Environmental Concern Final Activity Plan dated March, 2001, 
     or any amendments to the plan, consistent with this Act; and
       (E) scientific investigation and research opportunities 
     within the Conservation Area, including through partnerships 
     with colleges, universities, schools, scientific 
     institutions, researchers, and scientists to conduct research 
     and provide educational and interpretive services within the 
     Conservation Area.
       (b) Withdrawals.--Subject to valid existing rights, all 
     Federal surface and subsurface land within the Conservation 
     Area and all land and interests in the land that are acquired 
     by the United States after the date of enactment of this Act 
     for inclusion in the Conservation Area, are withdrawn from--
       (1) all forms of entry, appropriation, or disposal under 
     the general land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation under the mineral leasing and geothermal 
     leasing laws.
       (c) Management Plan.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive plan for the long-term management of the 
     Conservation Area.
       (2) Purposes.--The management plan shall--
       (A) describe the appropriate uses and management of the 
     Conservation Area;
       (B) incorporate, as appropriate, decisions contained in any 
     other management or activity plan for the land within or 
     adjacent to the Conservation Area;
       (C) take into consideration any information developed in 
     studies of the land and resources within or adjacent to the 
     Conservation Area; and
       (D) provide for a cooperative agreement with Lincoln 
     County, New Mexico, to address the historical involvement of 
     the local community in the interpretation and protection of 
     the resources of the Conservation Area.
       (d) Activities Outside Conservation Area.--The 
     establishment of the Conservation Area shall not--
       (1) create a protective perimeter or buffer zone around the 
     Conservation Area; or
       (2) preclude uses or activities outside the Conservation 
     Area that are permitted under other applicable laws, even if 
     the uses or activities are prohibited within the Conservation 
     Area.
       (e) Research and Interpretive Facilities.--
       (1) In general.--The Secretary may establish facilities 
     for--
       (A) the conduct of scientific research; and
       (B) the interpretation of the historical, cultural, 
     scientific, archaeological, natural, and educational 
     resources of the Conservation Area.
       (2) Cooperative agreements.--The Secretary may, in a manner 
     consistent with this Act, enter into cooperative agreements 
     with the State of New Mexico and other institutions and 
     organizations to carry out the purposes of this Act.
       (f) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation of any water right.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The amendment (No. 2594) was agreed to, as follows:

       Amend the title so as to read: ``To establish the Fort 
     Stanton-Snowy River Cave National Conservation Area''.

  The bill (S. 1170), as amended, was read the third time and passed.




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