[Congressional Record Volume 155, Number 60 (Thursday, April 23, 2009)]
[Senate]
[Pages S4674-S4676]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself and Mr. Udall, of New Mexico):
  S. 874. A bill to establish El Rio Grande Del Norte National 
Conservation Area in the State of New Mexico, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I rise today to introduce El Rio Grande 
Del Norte National Conservation Area Establishment Act. This 
legislation will designate approximately 235,980 acres of public land 
managed by the Bureau of Land Management in Taos and Rio Arriba 
counties as a National Conservation Area. The conservation area 
includes two new wilderness areas--the 13,420-acre Cerro del Yuta 
Wilderness on the east-side and the 8,000-acre Rio San Antonio 
Wilderness in the west.
  The conservation area will protect and enhance cultural, ecological, 
and scenic resources in an area with premier recreational opportunities 
important to the region's economy. It incorporates the upper reaches of 
the Rio Grande Gorge, previously designated as a Wild and Scenic River, 
and protects elk wintering grounds and migratory corridors along the 
plateau between Ute Mountain to the east and San Antonio Mountain to 
the west. The conservation area will protect breeding habitat for other 
game species like deer and antelope and for birds of prey that hunt 
throughout the area, including peregrine falcons, golden eagles, and 
bald eagles. The riparian area along the Rio Grande also provides 
important habitat for brown trout and the federally-listed endangered 
southwestern willow flycatcher.
  The Cerro del Yuta Wilderness will add protections to Ute Mountain, a 
mountainous and forested extinct volcano which rises to more than 
10,000 feet from an elevation of about 7,600 feet at its base. From its 
peak Ute Mountain offers views of the Sangre de Cristo Mountains to the 
east, the deep canyon walls of the Rio Grande Gorge at its western 
base, and the high mesa sagebrush-grasslands interspersed with pinon 
juniper woodlands that form the majority of the conservation area to 
its west. Known as Tah Ha Bien to members of the Taos Pueblo and Cerro 
del Yuta to the earliest Hispanic settlers of the region, Ute Mountain 
was named for the historic Ute tribe that traversed this area along its 
route to the eastern plains. The mountain has a long history both 
geologically and culturally speaking, and evidence of human interaction 
with Ute Mountain can be still be found, including prehistoric hunting 
stations, historic

[[Page S4675]]

sheep herding camps, and important sacred sites on the mountain. As a 
relatively new addition to the public domain, the Bureau of Land 
Management has only begun to account for all the cultural resources 
that may be present on Ute Mountain.
  The Rio San Antonio Wilderness Area lies northwest of San Antonio 
Mountain and is currently managed as a Wilderness Study Area by the 
Bureau of Land Management. Composed of grassland vegetation similar to 
the majority of the conservation area, its unique character is shaped 
by the 200-foot-deep canyon formed by the waters of the Rio San Antonio 
that bisects the wilderness area. The canyon provides important 
riparian habitat to wildlife and offers visitors opportunities for 
solitude and primitive and unconfined recreation. A favorite pastime of 
locals and visitors alike is the outstanding opportunity for fly 
fishing the Rio San Antonio. By affirmatively designating this area as 
wilderness, we can help preserve its natural character that draws 
visitors to the area.
  This legislation seeks to protect the valuable natural and cultural 
resources found in the area while also recognizing that the history of 
these lands is still being written by the local community, composed of 
Pueblo Indians, descendents of Hispanic and American settlers, and new 
generations of settlers drawn to the area for similar reasons as those 
who came before them. Residents maintain a strong connection to these 
public lands and are interested in preserving the traditional ways in 
which they have used them. A good example of this is the importance to 
the local community to ensure that the continued and sustainable 
collection of pinon nuts and firewood from the public lands is 
permitted. Based on this input, earlier drafts were revised to make 
specific mention that these uses are permissible within the 
conservation area. In addition, existing grazing within the 
conservation area will be preserved consistent with current management 
practices.
  Visitors and residents of northern New Mexico also enjoy these public 
lands for recreational purposes, including hiking, camping, mountain 
biking, river rafting, skiing, hunting, fishing, photography and bird 
watching, among many others. The local economy benefits greatly from 
the tourists who visit this area to take in the scenic beauty and 
natural character of the region, and it is my hope that this 
designation will further highlight the region as a premier destination 
in the State, nationally and internationally.
  This bill is the culmination of more than 2 years of work with 
members of the local community to craft language that achieves the 
balance vital to ensure a thriving economy, the preservation of the 
region's natural resources, and a sustained way of life for residents 
of northern New Mexico. Without the constructive input from the local 
community, this bill would look very different from the one that I am 
privileged to introduce today. I am also pleased that my colleague 
Senator Tom Udall is a cosponsor of this legislation, and I look 
forward to working with him and other members of the Senate toward its 
ultimate passage.
  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. 874

       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 ``El Rio Grande Del Norte National 
     Conservation Area Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Conservation area.--The term ``Conservation Area'' 
     means El Rio Grande Del Norte National Conservation Area 
     established by section 3(a)(1).
       (2) Land grant community.--The term ``land grant 
     community'' means a member of the Board of Trustees of 
     confirmed and nonconfirmed community land grants within the 
     Conservation Area.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Area developed under 
     section 3(d).
       (4) Map.--The term ``map'' means the map entitled ``El Rio 
     Grande Del Norte National Conservation Area'' and dated March 
     23, 2009.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

       (a) Establishment.--
       (1) In general.--There is established El Rio Grande Del 
     Norte National Conservation Area in the State.
       (2) Area included.--The Conservation Area shall consist of 
     approximately 235,980 acres of public land in Taos and Rio 
     Arriba counties in the State, as generally depicted on the 
     map.
       (b) Purposes.--The purposes of the Conservation Area are to 
     conserve, protect, and enhance for the benefit and enjoyment 
     of present and future generations the cultural, 
     archaeological, natural, scientific, geological, historical, 
     biological, wildlife, educational, recreational, and scenic 
     resources of the Conservation Area.
       (c) Management.--
       (1) In general.--The Secretary shall manage the 
     Conservation Area--
       (A) in a manner that conserves, protects, and enhances the 
     resources of the Conservation Area; and
       (B) in accordance with--
       (i) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (ii) this Act; and
       (iii) any other applicable laws.
       (2) Uses.--
       (A) In general.--The Secretary shall allow only such uses 
     of the Conservation Area that the Secretary determines would 
     further the purposes described in subsection (b).
       (B) Use of motorized vehicles.--
       (i) In general.--Except as needed for administrative 
     purposes or to respond to an emergency, the use of motorized 
     vehicles in the Conservation Area shall be permitted only on 
     roads designated for use by motorized vehicles in the 
     management plan.
       (ii) New roads.--No additional road shall be built within 
     the Conservation Area after the date of enactment of this Act 
     unless the road is needed for public safety or natural 
     resource protection.
       (C) Grazing.--The Secretary shall permit grazing within the 
     Conservation Area, where established before the date of 
     enactment of this Act--
       (i) subject to all applicable laws (including regulations) 
     and Executive orders; and
       (ii) consistent with the purposes described in subsection 
     (b).
       (D) Collection of pinon nuts and firewood.--Nothing in this 
     Act precludes the traditional collection of firewood and 
     pinon nuts for noncommercial personal use within the 
     Conservation Area--
       (i) in accordance with any applicable laws; and
       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (E) Utility corridor upgrades.--Nothing in this Act 
     precludes the Secretary from authorizing the upgrading of an 
     existing utility corridor (including the widening of an 
     existing easement) through the Conservation Area--
       (i) in accordance with any applicable laws; and
       (ii) subject to such terms and conditions as the Secretary 
     determines to be appropriate.
       (F) Tribal cultural uses.--
       (i) Access.--The Secretary shall, in consultation with 
     Indian tribes or pueblos--

       (I) ensure the protection of religious and cultural sites; 
     and
       (II) provide occasional access to the sites by members of 
     Indian tribes or pueblos for traditional cultural and 
     customary uses, consistent with Public Law 95-341 (commonly 
     known as the ``American Indian Religious Freedom Act'') (42 
     U.S.C. 1996).

       (ii) Temporary closures.--In accordance with Public Law 95-
     341 (commonly known as the ``American Indian Religious 
     Freedom Act'') (42 U.S.C. 1996), the Secretary, on request of 
     an Indian tribe or pueblo, may temporarily close to general 
     public use 1 or more specific areas of the Conservation Area 
     in order to protect traditional cultural and customary uses 
     in those areas by members of the Indian tribe or the pueblo.
       (d) Management Plan.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall develop a 
     management plan for the Conservation Area.
       (2) Other plans.--To the extent consistent with this Act, 
     the plan may incorporate in the management plan the Rio 
     Grande Corridor Management Plan in effect on the date of 
     enactment of this Act.
       (3) Consultation.--The management plan shall be developed 
     in consultation with--
       (A) State and local governments;
       (B) tribal governmental entities;
       (C) land grant communities; and
       (D) the public.
       (4) Considerations.--In preparing and implementing the 
     management plan, the Secretary shall consider the 
     recommendations of Indian tribes and pueblos on methods for--
       (A) ensuring access to religious and cultural sites;
       (B) enhancing the privacy and continuity of traditional 
     cultural and religious activities in the Conservation Area; 
     and
       (C) protecting traditional cultural and religious sites in 
     the Conservation Area.
       (e) Incorporation of Acquired Land and Interests in Land.--
     Any land that is within the boundary of the Conservation Area 
     that is acquired by the United States shall--
       (1) become part of the Conservation Area; and
       (2) be managed in accordance with--
       (A) this Act; and

[[Page S4676]]

       (B) any other applicable laws.
       (f) Special Management Areas.--
       (1) In general.--The establishment of the Conservation Area 
     shall not change the management status of any area within the 
     boundary of the Conservation Area that is--
       (A) designated as a component of the National Wild and 
     Scenic Rivers System under the Wild and Scenic Rivers Act (16 
     U.S.C. 1271 et seq.); or
       (B) managed as an area of critical environmental 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.

     SEC. 4. DESIGNATION OF WILDERNESS AREAS.

       (a) In General.--In accordance with the Wilderness Act (16 
     U.S.C. 1131 et seq.), the following areas in the Conservation 
     Area are designated as wilderness and as components of the 
     National Wilderness Preservation System:
       (1) Cerro del yuta wilderness.--Certain land administered 
     by the Bureau of Land Management in Taos County, New Mexico, 
     comprising approximately 13,420 acres as generally depicted 
     on the map, which shall be known as the ``Cerro del Yuta 
     Wilderness''.
       (2) Rio san antonio wilderness.--Certain land administered 
     by the Bureau of Land Management in Rio Arriba County, New 
     Mexico, comprising approximately 8,000 acres, as generally 
     depicted on the map, which shall be known as the ``Rio San 
     Antonio Wilderness''.
       (b) Management of Wilderness Areas.--Subject to valid 
     existing rights, the wilderness areas designated by 
     subsection (a) shall be administered in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except 
     that with respect to the wilderness areas designated by this 
     Act--
       (1) any reference to the effective date of the Wilderness 
     Act shall be considered to be a reference to the date of 
     enactment of this Act; and
       (2) any reference in the Wilderness Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary.
       (c) Incorporation of Acquired Land and Interests in Land.--
     Any land or interest in land within the boundary of the 
     wilderness areas designated by subsection (a) that is 
     acquired by the United States shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.);
       (B) this Act; and
       (C) any other applicable laws.
       (d) Grazing.--Grazing of livestock in the wilderness areas 
     designated by subsection (a), where established before the 
     date of enactment of this Act, shall be administered in 
     accordance with--
       (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 
     1133(d)(4)); and
       (2) the guidelines set forth in Appendix A of the Report of 
     the Committee on Interior and Insular Affairs to accompany 
     H.R. 2570 of the 101st Congress (H. Rept. 101-405).
       (e) Buffer Zones.--
       (1) In general.--Nothing in this section creates a 
     protective perimeter or buffer zone around any wilderness 
     area designated by subsection (a).
       (2) Activities outside wilderness areas.--The fact that an 
     activity or use on land outside any wilderness area 
     designated by subsection (a) can be seen or heard within the 
     wilderness area shall not preclude the activity or use 
     outside the boundary of the wilderness area.
       (f) Release of Wilderness Study Areas.--Congress finds 
     that, for purposes of section 603(c) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the 
     public land within the San Antonio Wilderness Study Area not 
     designated as wilderness by this section--
       (1) has been adequately studied for wilderness designation;
       (2) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); 
     and
       (3) shall be managed in accordance with this Act.

     SEC. 5. GENERAL PROVISIONS.

       (a) Maps and Legal Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and 
     legal descriptions of the Conservation Area and the 
     wilderness areas designated by section 4(a) with--
       (A) the Committee on Energy and Natural Resources of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Force of law.--The map and legal descriptions filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this Act, except that the Secretary may 
     correct errors in the legal description and map.
       (3) Public availability.--The map and legal descriptions 
     filed under paragraph (1) shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.
       (b) National Landscape Conservation System.--The 
     Conservation Area and the wilderness areas designated by 
     section 4(a) shall be administered as components of the 
     National Landscape Conservation System.
       (c) Fish and Wildlife.--Nothing in this Act affects the 
     jurisdiction of the State with respect to fish and wildlife 
     located on public land in the State, except that the 
     Secretary, after consultation with the New Mexico Department 
     of Game and Fish, may designate zones where, and establishing 
     periods when, hunting shall not be allowed for reasons of 
     public safety, administration, or public use and enjoyment.
       (d) Withdrawals.--Subject to valid existing rights, any 
     Federal land within the Conservation Area and the wilderness 
     areas designated by section 4(a), including any land or 
     interest in land that is acquired by the United States after 
     the date of enactment of this Act, is 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, mineral materials, 
     and geothermal leasing laws.
       (e) Treaty Rights.--Nothing in this Act enlarges, 
     diminishes, or otherwise modifies any treaty rights.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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