[Congressional Record Volume 155, Number 132 (Thursday, September 17, 2009)]
[Senate]
[Pages S9564-S9567]
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. 1689. A bill to designate certain land as components of the 
National Wilderness Preservation System and the National Landscape 
Conservation System in the State of New Mexico, and for other purposes; 
to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased to rise today with my 
colleague

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Senator Tom Udall to introduce the Organ Mountains-Desert Peaks 
Wilderness Act. This legislation will designate approximately 259,000 
acres of wilderness in Dona Ana County, including the iconic Organ 
Mountains that overlook the City of Las Cruces. The legislation will 
also establish two Conservation Areas in Dona Ana County--the 86,600-
acre Organ Mountains National Conservation Area on the east side of Las 
Cruces, and the 75,600-acre Desert Peaks National Conservation Area to 
the west, which adjoins the Prehistoric Trackways National Monument to 
its south.
  The Organ Mountains are among the many scenic landscapes in Dona Ana 
County that define Southern New Mexico and the rich culture of its 
people. In addition to protecting the viewshed of the Organ Mountains 
from future development, this proposal seeks to preserve other 
important landscapes such as the Dana Ana Mountains, Robledo Mountains, 
and the ancient volcanic cinder cones and grasslands of the Potrillo 
Mountains. Many visitors also come to explore the caves, limestone 
cliffs, and winding canyons of the proposed Desert Peaks National 
Conservation Area.
  While the public lands protected by this bill are important for their 
scenic and recreational values, they also represent a valuable economic 
resource for county residents, through ranching, hunting, and tourism 
that takes place here. This proposal will preserve healthy habitat for 
game and sensitive species; quality grazing land; and cultural 
resources like petroglyphs and historical features. Even those who may 
never visit these areas will benefit from their protection by consuming 
the clean water that these major watersheds provide to the people 
living in the valleys below.
  This proposal is the culmination of over 2 years of consensus 
building accomplished by listening to input from a broad spectrum of 
the community. As a result, the proposal that has been developed meets 
the goals of conserving our treasured landscapes in Dona Ana County 
while addressing the valid concerns raised by frequent users of our 
public lands. I would like to take a moment to mention a couple of 
important changes we have made to the bill based on the input we 
received from the community to address both border security concerns as 
well as access issues for the ranchers who graze cattle in the region.
  Dona Ana County shares its southern border with Mexico, and national 
security issues are always an important factor to consider in any 
legislation that involves border counties. For example, currently the 
West Potrillo Mountains Wilderness Study Area comes as close as a half 
mile in some places from the U.S.-Mexico border, which has created 
challenges for both the Department of Interior and the Department of 
Homeland Security to meet the goals of their distinct, yet equally 
important missions. This legislation seeks to provide additional 
flexibility for Customs and Border Patrol to accomplish its mission of 
border enforcement by releasing from Wilderness Study Area status more 
than 16,000 acres along the southern border. By assisting Border Patrol 
with its mission, the Bureau of Land Management will be better suited 
to meet its goals of natural resource protection as well.
  With regard to ranching, access to water infrastructure is critical 
in the hot climate of southern New Mexico. To this end, we worked 
closely with all grazing permittees in the area to ensure all roads 
that lead to water improvements, like windmills, solar wells, water 
troughs and pipelines, were excluded from new wilderness areas. Other 
major infrastructure, like corrals, have also been excluded, and the 
congressional grazing guidelines that are referred to in this 
legislation will provide ranchers with the ability to use motorized 
vehicles to maintain stock ponds, fences, and other improvements in 
wilderness areas and to respond to emergencies. It is my belief that 
this approach will allow for the protection of these public lands while 
ensuring that ranching will continue.
  My constituents in Dona Ana County have long expressed their desire 
to strike a balance between development and the preservation of the 
public lands that they grew up enjoying or that attracted them to the 
area in the first place. As such, this proposal is supported by a wide 
array of constituencies ranging from conservation and sportsmen's 
groups, city and county officials, to the Hispano Chamber of Commerce. 
With enactment of this bill, it is my hope that while Dona Ana County 
continues to prosper and grow, our unique places will be protected for 
generations to come. I am pleased that Senator Udall has cosponsored 
this bill, and I urge all my colleagues to support the passage of this 
legislation.
  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. 1689

         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 ``Organ Mountains-Desert 
     Peaks Wilderness Act''.

     SEC. 2. DEFINITIONS.

         In this Act:
         (1) Conservation area.--The term ``Conservation Area'' 
     means each of the Organ Mountains National Conservation Area 
     and the Desert Peaks National Conservation Area established 
     by section 4(a).
         (2) Management plan.--The term ``management plan'' means 
     the management plan for the Conservation Areas developed 
     under section 4(d).
         (3) Secretary.--The term ``Secretary'' means the 
     Secretary of the Interior.
         (4) State.--The term ``State'' means the State of New 
     Mexico.

     SEC. 3. 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 State 
     are designated as wilderness and as components of the 
     National Wilderness Preservation System:
         (1) Aden lava flow wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 27,650 acres as generally depicted 
     on the map entitled ``Potrillo Mountains Complex'' and dated 
     September 16, 2009, which shall be known as the ``Aden Lava 
     Flow Wilderness''.
         (2) Broad canyon wilderness.--Certain land administered 
     by the Bureau of Land Management in Dona Ana County 
     comprising approximately 13,900 acres as generally depicted 
     on the map entitled ``Desert Peaks National Conservation 
     Area'' and dated September 16, 2009, which shall be known as 
     the ``Broad Canyon Wilderness''.
         (3) Cinder cone wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana County comprising 
     approximately 16,950 acres as generally depicted on the map 
     entitled ``Potrillo Mountains Complex'' and dated September 
     16, 2009, which shall be known as the ``Cinder Cone 
     Wilderness''.
         (4) Organ mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 19,400 acres as generally 
     depicted on the map entitled ``Organ Mountains National 
     Conservation Area'' and dated September 16, 2009, which shall 
     be known as the ``Organ Mountains Wilderness''.
         (5) Potrillo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana and 
     Luna counties comprising approximately 143,450 acres as 
     generally depicted on the map entitled ``Potrillo Mountains 
     Complex'' and dated September 16, 2009, which shall be known 
     as the ``Potrillo Mountains Wilderness''.
         (6) Robledo mountains wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 17,000 acres as generally 
     depicted on the map entitled ``Desert Peaks National 
     Conservation Area'' and dated September 16, 2009, which shall 
     be known as the ``Robledo Mountains Wilderness''.
         (7) Sierra de las uvas wilderness.--Certain land 
     administered by the Bureau of Land Management in Dona Ana 
     County comprising approximately 11,100 acres as generally 
     depicted on the map entitled ``Desert Peaks National 
     Conservation Area'' and dated September 16, 2009, which shall 
     be known as the ``Sierra de las Uvas Wilderness''.
         (8) Whitethorn wilderness.--Certain land administered by 
     the Bureau of Land Management in Dona Ana and Luna counties 
     comprising approximately 9,600 acres as generally depicted on 
     the map entitled ``Potrillo Mountains Complex'' and dated 
     September 16, 2009, which shall be known as the ``Whitethorn 
     Wilderness''.
         (b) Management.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) shall be 
     administered by the Secretary in accordance with this Act and 
     the Wilderness Act (16 U.S.C. 1131 et seq.), except that any 
     reference in the Wilderness Act to the effective date of that 
     Act shall be considered to be a reference to the date of 
     enactment of this Act.
         (c) Incorporation of Acquired Land and Interests in 
     Land.--Any land or interest in land that is within the 
     boundary of a wilderness area designated by subsection (a) 
     that is acquired by the United States shall--

[[Page S9566]]

         (1) become part of the wilderness area within the 
     boundaries of 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) Military Overflights.--Nothing in this section 
     restricts or precludes--
         (1) low-level overflights of military aircraft over the 
     wilderness areas designated by subsection (a), including 
     military overflights that can be seen or heard within the 
     wilderness areas;
         (2) flight testing and evaluation; or
         (3) the designation or creation of new units of special 
     use airspace, or the establishment of military flight 
     training routes, over the wilderness areas.
         (f) 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.
         (g) Potential Wilderness Area.--
         (1) Robledo mountains potential wilderness area.--
         (A) In general.--Certain land administered by the Bureau 
     of Land Management, comprising approximately 100 acres as 
     generally depicted as ``Potential Wilderness'' on the map 
     entitled ``Desert Peaks National Conservation Area'' and 
     dated September 16, 2009, is designated as a potential 
     wilderness area.
         (B) Designation as wilderness.--
         (i) In general.--On the date on which the Secretary 
     publishes in the Federal Register the notice described in 
     clause (ii), the potential wilderness area designated under 
     subparagraph (A) shall be--

         (I) designated as wilderness and as a component of the 
     National Wilderness Preservation System; and
         (II) incorporated into the Robledo Mountains Wilderness 
     designated by subsection (a)(6).

         (ii) Notice.--The notice referred to in clause (i) is 
     notice that--

         (I) the communications site within the potential 
     wilderness area designated under subparagraph (A) is no 
     longer used;
         (II) the associated right-of-way is relinquished or not 
     renewed; and
         (III) the conditions in the potential wilderness area 
     designated by subparagraph (A) are compatible with the 
     Wilderness Act (16 U.S.C. 1131 et seq.).

         (h) 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 in Dona Ana County administered by the Bureau of 
     Land Management not designated as wilderness by subsection 
     (a)--
         (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--
         (A) the Federal Land Policy and Management Act of 1976 
     (43 U.S.C. 1701 et seq.);
         (B) this Act; and
         (C) any other applicable laws.

     SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS.

         (a) Establishment.--The following areas in the State are 
     established as National Conservation Areas:
         (1) Organ mountains national conservation area.--Certain 
     land administered by the Bureau of Land Management in Dona 
     Ana County comprising approximately 86,650 acres as generally 
     depicted on the map entitled ``Organ Mountains National 
     Conservation Area'' and dated September 16, 2009, which shall 
     be known as the ``Organ Mountains National Conservation 
     Area''.
         (2) Desert peaks national conservation area.--Certain 
     land administered by the Bureau of Land Management in Dona 
     Ana County comprising approximately 75,600 acres, as 
     generally depicted on the map entitled ``Desert Peaks 
     National Conservation Area'' and dated September 16, 2009, 
     which shall be known as the ``Desert Peaks National 
     Conservation Area''.
         (b) Purposes.--The purposes of the Conservation Areas are 
     to conserve, protect, and enhance for the benefit and 
     enjoyment of present and future generations the cultural, 
     archaeological, natural, geological, historical, ecological, 
     wildlife, educational, recreational, and scenic resources of 
     the Conservation Areas.
         (c) Management.--
         (1) In general.--The Secretary shall manage the 
     Conservation Areas--
         (A) in a manner that conserves, protects, and enhances 
     the resources of the Conservation Areas; 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 Areas 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 Areas 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 Areas after the date of enactment of this 
     Act unless the road is necessary for public safety or natural 
     resource protection.
         (C) Grazing.--The Secretary shall permit grazing within 
     the Conservation Areas, 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) Utility right-of-way upgrades.--Nothing in this 
     section precludes the Secretary from renewing or authorizing 
     the upgrading (including widening) of an existing utility 
     right-of-way through the Organ Mountains National 
     Conservation Area--
         (i) in accordance with--

         (I) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
         (II) any other applicable law; and

         (ii) subject to such terms and conditions as the 
     Secretary determines to be appropriate.
         (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 each of the Conservation Areas.
         (2) Consultation.--The management plans shall be 
     developed in consultation with--
         (A) State, tribal, and local governments; and
         (B) the public.
         (3) Considerations.--In preparing and implementing the 
     management plans, the Secretary shall consider the 
     recommendations of Indian tribes and pueblos on methods for--
         (A) ensuring access to, and protection for, traditional 
     cultural and religious sites in the Conservation Areas; and
         (B) enhancing the privacy and continuity of traditional 
     cultural and religious activities in the Conservation Areas.
         (e) Incorporation of Acquired Land and Interests in 
     Land.--Any land or interest in land that is within the 
     boundary of a Conservation Area designated by subsection (a) 
     that is acquired by the United States shall--
         (1) become part of the Conservation Area within the 
     boundaries of which the land is located; and
         (2) be managed in accordance with--
         (A) this Act; and
         (B) any other applicable laws.
         (f) Transfer of Administrative Jurisdiction.--On the date 
     of enactment of this Act, administrative jurisdiction over 
     the approximately 2,050 acres of land generally depicted as 
     ``Transfer from DOD to BLM'' on the map entitled ``Organ 
     Mountains National Conservation Area'' and dated September 
     16, 2009, shall--
         (1) be transferred from the Secretary of Defense to the 
     Secretary;
         (2) become part of the Organ Mountains National 
     Conservation Area; and
         (3) be managed in accordance with--
         (A) this Act; and
         (B) any other applicable laws.

     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 maps and 
     legal descriptions of the Conservation Areas and the 
     wilderness areas designated by section 3(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 maps 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 maps and legal descriptions.
         (3) Public availability.--The maps 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 Areas and the wilderness areas designated by 
     section 3(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 establish 
     periods during which, hunting, or fishing shall not be 
     allowed for reasons of public safety, administration, the 
     protection for nongame species

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     and their habitats, or public use and enjoyment.
         (d) Withdrawals.--
         (1) In general.--Subject to valid existing rights, the 
     Federal land within the Conservation Areas, the wilderness 
     areas designated by section 3(a), and the approximately 6,300 
     acres of land generally depicted as ``Parcel B'' on the map 
     entitled ``Organ Mountains National Conservation Area'' and 
     dated September 16, 2009, including any land or interest in 
     land that is acquired by the United States after the date of 
     enactment of this Act within such areas, is withdrawn from--
         (A) entry, appropriation, or disposal under the public 
     land laws;
         (B) location, entry, and patent under the mining laws; 
     and
         (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
         (2) Limited withdrawal.--The approximately 1,300 acres of 
     land generally depicted as ``Parcel A'' on the map entitled 
     ``Organ Mountains National Conservation Area'' and dated 
     September 16, 2009, is withdrawn in accordance with paragraph 
     (1), except from disposal under the Act of June 14, 1926 
     (commonly known as the ``Recreation and Public Purposes Act'' 
     (43 U.S.C. 869 et seq.)).

     SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY 
                   ADJUSTMENT.

         Section 2103(b) of the Omnibus Public Land Management Act 
     of 2009 (16 U.S.C. 431 note; Public Law 111-11; 123 Stat. 
     1097) is amended by striking ``December 17, 2008'' and 
     inserting ``July 30, 2009''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

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

  Mr. UDALL of New Mexico. Mr. President, today I join Senator Bingaman 
in introducing Organ Mountains-Desert Peaks Wilderness Act. The bill 
celebrates and preserves a portion of the unique and delicate landscape 
of southern New Mexico. Wilderness and conservation areas in Dona Ana 
and Luna Counties will protect a vast number of archeological sites and 
riparian areas, maintain habitat and migration corridors for wildlife, 
and preserve some of the only Chihuahuan Desert in the United States.
  Set in the heart of Dona Ana County, Las Cruces is New Mexico's 
second largest city, and growing. The citizens of Las Cruces and the 
surrounding communities want to ensure that the area will continue to 
develop in a way that preserves the surrounding pristine landscapes 
including the iconic Organ Mountains. The Organ Mountains-Desert Peaks 
Wilderness Act is consistent with the city and County's long-term 
growth plan, and will act to maintain growth patterns in a way that 
will allow all citizens to enjoy the impressive views and landscapes 
surrounding Las Cruces.
  The Organ Mountains Wilderness and NCA, just one portion of this 
comprehensive legislation, will keep these impressive peaks available 
for the enjoyment of southern New Mexicans, and all who visit the area. 
This mountain range is strikingly unique and gives great character and 
identity to other surrounding landscape and to the city of Las Cruces 
itself. A vast range of individual and public and private organizations 
came together to work on the protection of the Organ Mountains and the 
seven other wilderness areas included in the bill. Hunters, anglers and 
conservationists worked with ranchers and city and county officials to 
determine what areas were in greatest need of protection. Nearby 
military facilities worked with the Bureau of Land Management on land 
exchanges that are reflected in the bill and will benefit the public 
and military entities. Recommendations from the Border Patrol on how to 
ensure that the new wilderness fit into their homeland security efforts 
were incorporated into the bill. Years of negotiation and cooperation 
have resulted in the legislation being introduced today.
  In total, the Organ Mountains-Desert Peaks Wilderness Act will 
protect 421,344 acres of desert landscape including 162,270 acres of 
National Conservation Area, and 259,071 acres of Wilderness Area. This 
area of rare and beautiful landscapes will be valued for generations. 
From the jagged basalt lava flows of the Cinder Cone Wilderness to the 
roaming hawks and scrambling javelinas of the Robledo Mountains, this 
unique piece of southern New Mexico has abundant natural value for its 
citizens.
  With this legislation, we build upon the work of conservation greats 
like Aldo Leopold, a man who saw the beauty of New Mexico's untamed 
wilderness lands and sought to preserve them for future generations. It 
was Mr. Leopold who said, ``Conservation is a state of harmony between 
men and land.'' With the Organ Mountains-Desert Peaks Wilderness Act, 
we move a step closer to achieving that state of perfect harmony. I 
thank Senator Bingaman for his work to preserve this landscape and urge 
my colleagues to support this important bill.

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