[Congressional Record Volume 152, Number 87 (Thursday, June 29, 2006)]
[Senate]
[Pages S6789-S6790]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Domenici):
  S. 3599. A bill to establish the Prehistoric Trackways National 
Monument in the State of New Mexico; to the Committee on Energy and 
Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased to introduce legislation 
today to protect a site of worldwide scientific significance in the 
Robledo Mountains in New Mexico. The bill, which is cosponsored by my 
colleague from New Mexico, Senator Domenici, would create a national 
monument to preserve and allow for the continuing scientific 
investigation of a remarkable ``megatracksite'' of 280,000,000 year-old 
fossils and trackways.
  The vast tidal mudflats that made up much of modern New Mexico 60 
million years before the first dinosaurs preserved the marks of some of 
the earliest life on our planet to make its way out of the ocean. The 
fossil record of this time is scattered throughout New Mexico but, 
until this discovery, there were few places where the range of life and 
their interactions with each other could be studied.
  Las Cruces resident and paleontologist Jerry MacDonald first brought 
the find to light in 1988 when he revealed that there was far more to 
be found in the Robledos than the occasional fossil that local 
residents had been seeing for years. The trackways he hauled out on his 
back, some over 20 feet long, showed that there was a great deal of 
useful information buried in the rock there. The trackways include 
footprints of numerous amphibians, reptiles, and insects, including 
previously unknown species. These trackways help complete the puzzle of 
how these ancient creatures lived in a way that we cannot understand 
from only studying their fossilized bones.
  Senator Domenici and Representative Skeen joined me in sponsoring 
legislation, passed in 1990, to protect the area and study its 
significance. In 1994, the Bureau of Land Management, along with 
scientists from the New Mexico Museum of Natural History & Science, the 
University of Colorado, and the Smithsonian Institution, completed 
their study and documented the importance of the find. Particularly 
owing to the quality of the specimens and the wide range of animals 
that had left their imprint there, the study found that the site was of 
immense scientific value. The study concluded, in part, ``[t]he 
diversity, abundance and quality of the tracks in the Robledo Mountains 
is far greater than at any other known tracksite or aggregation of 
tracksites.'' The study also described the site as containing ``the 
most scientifically significant Early Permian tracksites'' in the 
world. However, despite the recognition of the significance of the 
site, it has remained essentially unprotected, and many of the 
trackways and fossils have been lost or damaged. This bill would take 
the next logical step to follow up from these efforts and set in place 
permanent protections and allow for scientific investigation of these 
remarkable resources.
  In addition to permanently protecting the fossils, the bill would 
authorize the continuation of existing uses in the area, such as 
motorized recreation, as long as the trackway resources aren't harmed. 
The bill would also help ensure that local residents get the 
opportunity to see these unique specimens and participate in their 
curation. This should provide a unique scientific and educational 
opportunity to Las Cruces and the surrounding community.
  I look forward to working with my colleagues to protect these 
important resources and allow for their continuing contribution to our 
understanding of life on the ancient Earth.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3599

       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 ``Prehistoric Trackways 
     National Monument Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Monument.--The term ``Monument'' means the Prehistoric 
     Trackways National Monument established by section 4(a).
       (2) Public land.--The term ``public land'' has the meaning 
     given the term ``public lands'' in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. FINDINGS.

       Congress finds that--
       (1) in 1987, a major deposit of Paleozoic Era fossilized 
     footprint megatrackways was discovered in the Robledo 
     Mountains in southern New Mexico;
       (2) the trackways contain footprints of numerous 
     amphibians, reptiles, and insects (including previously 
     unknown species), plants, and petrified wood dating back 
     approximately 280,000,000 years, which collectively provide 
     new opportunities to understand animal behaviors and 
     environments from a time predating the dinosaurs;
       (3) title III of Public Law 101-578 (104 Stat. 2860)--
       (A) provided interim protection for the site at which the 
     trackways were discovered; and
       (B) directed the Secretary of the Interior to--
       (i) prepare a study assessing the significance of the site; 
     and
       (ii) based on the study, provide recommendations for 
     protection of the paleontological resources at the site;
       (4) the Bureau of Land Management completed the Paleozoic 
     Trackways Scientific Study Report in 1994, which 
     characterized the site as containing ``the most 
     scientifically significant Early Permian tracksites'' in the 
     world;
       (5) despite the conclusion of the study and the 
     recommendations for protection, the site remains unprotected 
     and many irreplaceable trackways specimens have been lost to 
     vandalism or theft; and
       (6) designation of the trackways site as a National 
     Monument would protect the unique fossil resources for 
     present and future generations while allowing for public 
     education and continued scientific research opportunities.

     SEC. 4. ESTABLISHMENT.

       (a) In General.--In order to conserve, protect, and enhance 
     the unique and nationally important paleontological, 
     scientific, educational, scenic, and recreational resources 
     and values of the public land described in subsection (b), 
     there is established the Prehistoric Trackways National 
     Monument in the State of New Mexico.
       (b) Description of Land.--The Monument shall consist of 
     approximately 5,367 acres of public land in Dona Ana County, 
     New Mexico, as generally depicted on the map entitled 
     ``Prehistoric Trackways National Monument'' and dated June 1, 
     2006.
       (c) Map; Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall prepare and submit 
     to Congress an official map and legal description of the 
     Monument.
       (2) Corrections.--The map and legal description submitted 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct any clerical or typographical errors in the legal 
     description and the map.
       (3) Conflict between map and legal description.--In the 
     case of a conflict between the map and the legal description, 
     the map shall control.
       (4) Availability of map and legal description.--Copies of 
     the map and legal description shall be on file and available 
     for public inspection in the appropriate offices of the 
     Bureau of Land Management.
       (d) Minor Boundary Adjustments.--If additional 
     paleontological resources are discovered on public land 
     adjacent to the Monument after the date of enactment of this 
     Act, the Secretary may make minor boundary adjustments to the 
     Monument to include the resources in the Monument.

     SEC. 5. ADMINISTRATION.

       (a) Management.--

[[Page S6790]]

       (1) In general.--The Secretary shall manage the Monument--
       (A) in a manner that conserves, protects, and enhances the 
     resources and values of the Monument, including the resources 
     and values described in section 4(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) other applicable laws.
       (2) National landscape conservation system.--The Monument 
     shall be managed as a component of the National Landscape 
     Conservation System.
       (3) Protection of resources and values.--The Secretary 
     shall manage public land adjacent to the Monument in a manner 
     that is consistent with the protection of the resources and 
     values of the Monument.
       (b) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     comprehensive management plan for the long-term protection 
     and management of the Monument.
       (2) Components.--The management plan under paragraph (1)--
       (A) shall--
       (i) describe the appropriate uses and management of the 
     Monument, consistent with the provisions of this Act; and
       (ii) allow for continued scientific research at the 
     Monument during the development of the management plan; and
       (B) may--
       (i) incorporate any appropriate decisions contained in any 
     current management or activity plan for the land described in 
     section 4(b); and
       (ii) use information developed in studies of any land 
     within or adjacent to the Monument that were conducted before 
     the date of enactment of this Act.
       (c) Authorized Uses.--The Secretary shall only allow uses 
     of the Monument that the Secretary determines would further 
     the purposes for which the Monument has been established.
       (d) Interpretation, Education, and Scientific Research.--
       (1) In general.--The Secretary shall provide for public 
     interpretation of, and education and scientific research on, 
     the paleontological resources of the Monument, with priority 
     given to exhibiting and curating the resources in Dona Ana 
     County, New Mexico.
       (2) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with appropriate public entities to 
     carry out paragraph (1).
       (e) Special Management Areas.--
       (1) In general.--The establishment of the Monument shall 
     not change the management status of any area within the 
     boundary of the Monument that is--
       (A) designated as a wilderness study area and managed in 
     accordance with section 603(c) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1782(c)); or
       (B) managed as an area of critical environment concern.
       (2) Conflict of laws.--If there is a conflict between the 
     laws applicable to the areas described in paragraph (1) and 
     this Act, the more restrictive provision shall control.
       (f) Motorized Vehicles.--
       (1) In general.--Except as needed for administrative 
     purposes or to respond to an emergency, the use of motorized 
     vehicles in the Monument shall be allowed only on roads and 
     trails designated for use by motorized vehicles under the 
     management plan prepared under subsection (b).
       (2) Permitted events.--The Secretary may issue permits for 
     special recreation events involving motorized vehicles within 
     the boundaries of the Monument, including the ``Chile 
     Challenge''--
       (A) to the extent the events do not harm paleontological 
     resources; and
       (B) subject to any terms and conditions that the Secretary 
     determines to be necessary.
       (g) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the Monument and any land or interest in 
     land that is acquired by the United States for inclusion in 
     the Monument after the date of enactment of this Act are 
     withdrawn from--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing laws, geothermal 
     leasing laws, and minerals materials laws.
       (h) Grazing.--The Secretary may allow grazing to continue 
     in any area of the Monument in which grazing is allowed 
     before the date of enactment of this Act, subject to 
     applicable laws (including regulations).
       (i) Hunting.--
       (1) In general.--Nothing in this Act diminishes the 
     jurisdiction of the State of New Mexico with respect to fish 
     and wildlife management, including regulation of hunting on 
     public land within the Monument.
       (2) Regulations.--The Secretary, after consultation with 
     the New Mexico Department of Game and Fish, may issue 
     regulations designating zones in which and establishing 
     periods during which hunting shall not be allowed for reasons 
     of public safety, administration, or public use and 
     enjoyment.
       (j) Water Rights.--Nothing in this Act constitutes an 
     express or implied reservation by the United States of any 
     water or water rights with respect to the Monument.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

  Mr. DOMENICI. Mr. President, the fossilized trackways near the 
Robledo Mountains in Dona Ana County came to my attention in the early 
1990s. During the 101st Congress, I cosponsored Senator Bingaman's 
legislation that directed the Bureau of Land Management to study and 
report on the prehistoric sites.
  I understand the very difficult challenge we face in managing our 
public lands in a responsible and environmentally sensitive manner. I 
believe our Federal lands are truly National treasures that demand our 
most thoughtful management. Local leaders, special interest groups, 
multiple users, New Mexico State University, and the Bureau of Land 
Management, BLM, have identified numerous land issues in the Las Cruces 
area that need to be addressed. The trackways are but one of these 
issues that can and should be addressed in the context of a broader 
lands bill. I believe that introduction of comprehensive or omnibus 
legislation is a preferable approach, rather than the introduction of 
individual bills to deal each separate issue.
  I support the intent of this bill, as the trackways are remarkable 
artifacts that need and deserve protection. While I am very supportive 
of the overall goal to protect these prehistoric trackway sites, there 
are several particulars in this bill that I do not fully embrace and on 
which I want to continue to work with Senator Bingaman, such as 
ensuring that we authorize all uses in the area that are not 
inconsistent with the purposes of the bill, and reworking the section 
regarding BLM authority with respect to hunting activities. As we work 
through the committee process, I look forward to working with Senator 
Bingaman to accomplish the objective of protecting the prehistoric 
trackway sites, while at the same time addressing some of the broader 
Federal land issues that need to be addressed in Dona Ana County.
                                 ______