[Congressional Record Volume 158, Number 61 (Thursday, April 26, 2012)]
[Senate]
[Pages S2826-S2830]
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. 2468. A bill to establish the Columbine-Hondo Wilderness in the
State of New Mexico, to provide for the conveyance of certain parcels
of National Forest System land in the State, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Columbine-
Hondo Wilderness Act which will designate approximately 45,000 acres in
the Sangre de Cristo Mountains in northern New Mexico as wilderness. I
am pleased that my colleague, Senator Tom Udall, is a cosponsor of this
legislation.
Located in the Carson National Forest in Taos County, the Columbine-
Hondo is one of the last remaining segments of this high alpine
ecosystem to receive permanent wilderness protection. The concept of
wilderness has deep roots and a long history in the Carson National
Forest. For example, in the early 1900s, Aldo Leopold, known as the
father of wilderness, spent his early career in the Forest Service in
the Carson where he quickly reached the post of Forest Supervisor.
There is no doubt that he spent much time traveling through this
landscape that likely helped cultivate his thoughts on the importance
of wilderness.
Leopold's concept of wilderness evolved over time and heavily
influenced policy makers and the growing conservation community. He
wrote, ``Wilderness is the raw material out of which man has hammered
the artifact called civilization. . . . To the laborer in the sweat of
his labor, the raw stuff on his anvil is an adversary to be conquered.
So was wilderness an adversary to the pioneer. But to the laborer in
repose, able for the moment to cast a philosophical eye on his world,
that same raw stuff is something to be loved and cherished, because it
gives definition and meaning to his life.'' One person who shared that
definition and meaning with Aldo Leopold was former New Mexico Senator
Clinton P. Anderson. In fact, due in large part to the conversations he
had with Leopold forty years earlier, Senator Anderson led the effort
in Congress to pass the Wilderness Act of 1964.
In that 1964 Act, the Wheeler Peak Wilderness became the first
wilderness area in the Carson National Forest, which lies just south of
the Columbine-Hondo area. Shortly thereafter in 1970, the Taos Pueblo-
Blue Lake Wilderness, adjacent to Wheeler Peak, was established,
further demonstrating that the idea of wilderness is a valuable concept
to Indian tribes wishing to protect their most sacred sites for future
generations. Another decade had to pass before Congress protected
additional lands in New Mexico as wilderness in 1980, including the
Latir Peak Wilderness, north of the Columbine-Hondo. In that same Act,
the Columbine-Hondo was designated as a Wilderness Study Area to allow
Congress further time to review the merits of designating this area as
wilderness.
Aldo Leopold laments in A Sand County Almanac that progress in
conservation is slow--a fact that hasn't changed much in modern times.
``Despite nearly a century of propaganda,'' he wrote, ``conservation
still proceeds at a snail's pace.'' In this context, it is
unfortunately not surprising that it has taken Congress over 30 years
to review the merits of the Columbine-Hondo Wilderness Study Area.
But the time to permanently protect the Columbine-Hondo is now before
us. After many years of hard work by local community leaders, a nearly
unanimous consensus has formed in support of protecting this landscape
as wilderness. This is due to the longstanding recognition by the
surrounding communities and their residents of the benefits that
wilderness provides them. The mountains provide communities with clean
air and act as a watershed, providing them with fresh and clean water.
Sportsmen benefit from the protection of quality habitat that will
ensure the elk, deer, and antelope found in the mountains and the fish
in the mountain streams will continue to thrive. Communities like the
Towns of Taos and Red River and the Villages of Questa and Taos Ski
Valley can find economic benefits by attracting visitors seeking
opportunities for solitude and quiet recreation, including hiking,
birding, horseback riding, and even the occasional llama trekking. And
community members can create job opportunities through outfitting and
other service industries to assist residents and visitors alike explore
these gateways to a more primitive era.
Wilderness also ensures that the way of life of many local ranchers
will remain protected from threats like mining or disruptive off-road
vehicle use. Local mountain biking coalitions have also recognized that
a balance can be reached to protect wilderness values while making
practical and common sense boundary adjustments that will help promote
sustainable mountain biking opportunities in the region.
During my tenure in the Senate, it has been relatively uncommon to
find such overwhelming support for the establishment of a new
wilderness area. I commend the dedication and perseverance exhibited by
the many local wilderness advocates who have devoted many years to see
this effort come to fruition. Without their help, it may have taken
another decade before Congress addressed this long outstanding matter.
Congress has had 32 years now to review the designation of the
Columbine-Hondo Wilderness. With such broad support having been
developed, I urge my colleagues to support this initiative to protect
this area without further delay.
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. 2468
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Columbine-
Hondo Wilderness Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
Sec. 103. Authorization of appropriations.
[[Page S2829]]
TITLE II--LAND CONVEYANCES AND SALES.
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Red river conveyance map.--The term ``Red River
Conveyance Map'' means the map entitled ``Town of Red River
Town Site Act Proposal'' and dated April 19, 2012.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Town.--The term ``Town'' means the town of Red River,
New Mexico.
(5) Village.--The term ``Village'' means the village of
Taos Ski Valley, New Mexico.
(6) Wilderness.--The term ``Wilderness'' means the
Columbine-Hondo Wilderness designated by section 101(a).
(7) Wilderness map.--The term ``Wilderness Map'' means the
map entitled ``Columbine-Hondo, Wheeler Peak Wilderness'' and
dated April 19, 2012.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the approximately 45,000 acres of land
in the Carson National Forest in the State, as generally
depicted on the Wilderness Map, is designated as wilderness
and as a component of the National Wilderness Preservation
System, which shall be known as the ``Columbine-Hondo
Wilderness''.
(b) Management.--Subject to valid existing rights, the
Wilderness 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 that 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
the Wilderness that is acquired by the United States shall--
(1) become part of the Wilderness; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this section; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the Wilderness, 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 the report of the Committee
on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96 617).
(e) Columbine Hondo Wilderness Study Area.--
(1) Finding.--Congress finds that, for purposes of section
103(a)(2) of Public Law 96 550 (16 U.S.C. 1132 note; 94 Stat.
3223), any Federal land in the Columbine Hondo Wilderness
Study Area administered by the Forest Service that is not
designated as wilderness by subsection (a) has been
adequately reviewed for wilderness designation.
(2) Applicability.--The Federal land described in paragraph
(1) is no longer subject to subsections (a)(2) and (b) of
section 103 of Public Law 96 550 (16 U.S.C. 1132 note; 94
Stat. 3223).
(f) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the Wilderness.
(2) Force of law.--The maps and legal descriptions prepared
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
prepared under paragraph (1) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service.
(g) 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 in which, and establish
periods during which, hunting or fishing shall not be allowed
for reasons of public safety, administration, the protection
for nongame species and associated habitats, or public use
and enjoyment.
(h) Withdrawals.--Subject to valid existing rights, the
Federal land described in subsections (a) and (e)(1) and any
land or interest in land that is acquired by the United
States in the Wilderness 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.
SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Wheeler Peak
Wilderness in the State is modified as generally depicted in
the Wilderness Map.
(b) Withdrawal.--Subject to valid existing rights, any
Federal land added to or excluded from the boundary of the
Wheeler Peak Wilderness under subsection (a) 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.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this title.
TITLE II--LAND CONVEYANCES AND SALES.
SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section,
the Secretary shall convey to the Town, without consideration
and by quitclaim deed, all right, title, and interest of the
United States in and to the 1 or more parcels of Federal land
described in subsection (b) for which the Town submits a
request to the Secretary by the date that is not later than 1
year after the date of enactment of this Act.
(b) Description of Land.--The parcels of Federal land
referred to in subsection (a) are the parcels of National
Forest System land (including any improvements to the land)
in Taos County, New Mexico, that are identified as ``Parcel
1'', ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the Red
River Conveyance Map.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) public rights-of-way through ``Parcel 1'', ``Parcel
3'', and ``Parcel 4'';
(3) an administrative right-of-way through ``Parcel 2''
reserved to the United States; and
(4) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under
subsection (a), the Town shall use--
(1) ``Parcel 1'' for a wastewater treatment plant;
(2) ``Parcel 2'' for a cemetery;
(3) ``Parcel ``3'' for a public park; and
(4) ``Parcel 4'' for a public road.
(e) Reversion.--In the quitclaim deed to the Town under
subsection (a), the Secretary shall provide that any parcel
of Federal land conveyed to the Town under subsection (a)
shall revert to the Secretary, at the election of the
Secretary, if the parcel of Federal land is used for a
purpose other than the purpose for which the parcel was
conveyed, as required under subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The Town shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section,
the Secretary shall convey to the Village, without
consideration and by quitclaim deed, all right, title, and
interest of the United States in and to the parcel of Federal
land described in subsection (b) for which the Village
submits a request to the Secretary by the date that is not
later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcel of Federal land
referred to in subsection (a) is the parcel comprising
approximately 4.6 acres of National Forest System land
(including any improvements to the land) in Taos County
generally depicted as ``Parcel 1'' on the map entitled
``Village of Taos Ski Valley Town Site Act Proposal'' and
dated April 19, 2012.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights;
(2) an administrative right-of-way through the parcel of
Federal land described in subsection (b) reserved to the
United States; and
(3) such additional terms and conditions as the Secretary
may require.
(d) Use of Land.--As a condition of the conveyance under
subsection (a), the Village shall use the parcel of Federal
land described in subsection (b) for a wastewater treatment
plant.
(e) Reversion.--In the quitclaim deed to the Village, the
Secretary shall provide that the parcel of Federal land
conveyed to the Village under subsection (a) shall revert to
the Secretary, at the election of the Secretary, if the
parcel of Federal land is used for a purpose other than the
purpose for which the parcel was conveyed, as described in
subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The Village shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST
SYSTEM LAND.
(a) In General.--Subject to the provisions of this section
and in exchange for consideration in an amount that is equal
to the fair
[[Page S2830]]
market value of the applicable parcel of National Forest
System land, the Secretary may convey--
(1) to the holder of the permit numbered ``QUE302101'' for
use of the parcel, the parcel of National Forest System land
comprising approximately 0.2 acres that is generally depicted
as ``Parcel 5'' on the Red River Conveyance Map; and
(2) to the owner of the private property adjacent to the
parcel, the parcel of National Forest System land comprising
approximately 0.1 acres that is generally depicted as
``Parcel 6'' on the Red River Conveyance Map.
(b) Disposition of Proceeds.--Any amounts received by the
Secretary as consideration for a conveyance under subsection
(a) shall be--
(1) deposited in the fund established under Public Law 90
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(2) available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the Carson National Forest.
(c) Conditions.--The conveyance under subsection (a) shall
be subject to--
(1) valid existing rights; and
(2) such additional terms and conditions as the Secretary
may require.
(d) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a)
shall be determined by a survey approved by the Secretary.
(2) Costs.--The reasonable survey and other administrative
costs associated with the conveyance shall be paid by the
holder of the permit or the owner of the private property, as
applicable.
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