[Senate Report 109-163]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 264
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-163

======================================================================
 
      FORT STANTON-SNOWY RIVER NATIONAL CAVE CONSERVATION AREA ACT

                                _______
                                

                October 27, 2005.--Ordered to be printed

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1170]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1170) to establish the Fort Stanton-Snowy 
River National Cave Conservation Area, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 Act 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 areas.
    (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 Act that do 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 the 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.

                                PURPOSE

    S. 1170 establishes the Fort Stanton-Snowy River National 
Cave Conservation Area in Lincoln County, New Mexico, to 
secure, protect, and conserve the Snowy River Cave system for 
scientific, educational, and other appropriate public uses.

                          BACKGROUND AND NEED

    Exploration of the Fort Stanton cave network in Lincoln 
County, New Mexico, dates back to at least the 1850s, when 
troops stationed in the area began visiting the caverns. That 
exploration has continued into the 21st century, and in 2001 
led to the discovery by BLM volunteers of a two-mile long 
continuous calcite formation. The Snowy River cave formation is 
believed to be the largest continuous calcite formation in the 
world. The Fort Stanton cave has few secondary formations such 
as stalactites; the one outstanding formation is the Snowy 
River formation. Water originally carved a channel in the clay 
and gravel, and then eventually filled it with brilliant white 
calcite. In some places, the ceiling soars up to 40 feet; in 
others it is only 16 inches above the floor. The existence of 
another passage had been suspected for decades. One small 
passage in Fort Stanton ended where the ceiling had collapsed, 
but there was noticeable air flow from behind it. Digging 
efforts began in the 1970s, but were flooded out for the next 
two decades.
    The new area, counting side passages, runs about 3.5 miles; 
the calcite formation has been mapped at more than 2 miles. 
Scientists have found 12 to 16 types of bacteria that live in a 
lightless environment that are unknown anywhere else.
    Fort Stanton Cave itself, which was designated a National 
Natural Landmark in 1975, is open by permit only. The surface 
area overlying the Fort Stanton-Snowy River Cave Conservation 
Area (the ``Conservation Area'') established by this 
legislation lies within the Fort Stanton Area of Critical 
Environmental Concern. Designation of the underground cave as a 
National Conservation Area will not diminish the protections 
already in place for the surface area under the Fort Stanton 
Area of Critical Environmental Concern Final Activity Plan 
dated March, 2001.

                          LEGISLATIVE HISTORY

    S. 1170 was introduced by Senator Domenici and Senator 
Bingaman on June 6, 2005. The Subcommittee on Public Lands and 
Forests held a hearing on S. 1170 on July 20, 2005. At the 
business meeting on September 28, 2005, the Committee on Energy 
and Natural Resources ordered S. 1170 favorably reported with 
an amendment.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on September 28, 2005, by a unanimous vote of 
a quorum present, recommends that the Senate pass S. 1170, if 
amended as described herein. During the Committee's 
consideration of the bill, Senator Bingaman noted, and Chairman 
Domenici agreed, that further amendments might be worked out 
before consideration of the bill by the full Senate.
    The Committee adopted an amendment in the nature of a 
substitute that clarifies the specificity required in the 
official map for the Conservation Area, and requires the 
Secretary to manage the surface area overlying the Conservation 
Area in accordance with the Fort Stanton Area of Critical 
Environmental Concern Final Activity Plan dated March, 2001. 
The substitute amendment is described in detail below in the 
section-by-section analysis.

                      SECTION-BY-SECTION ANALYSIS

    Sections 1 and 2 provide the short title and definitions 
for the Act.
    Section 3(a) establishes the Fort Stanton-Snowy River 
National Cave Conservation Area in Lincoln County, New Mexico 
(``Conservation Area'') to secure, protect, and conserve the 
cave features and environs for scientific, educational and 
other appropriate public uses.
    (b) defines the conservation area's boundary to include the 
surface and subsurface area needed to protect and provide 
access to the cave.
    (c) directs the Secretary of the Interior (``Secretary'') 
to develop a map and legal description of the Conservation Area 
and make it available to the public.
    Section 4(a) directs the Secretary to administer the 
Conservation Area in accordance with the laws and regulations 
applicable to public land and the Conservation Area's 
management plan. The Secretary is to administer the area in a 
manner consistent with the purposes described in section 3(a) 
and in accordance with the Fort Stanton Area of Critical 
Environmental Concern Final Activity Plan.
    (b) withdraws the Conservation Area, subject to valid 
existing rights, from land disposal, location, entry, and 
patent under mining and geothermal leasing laws.
    (c) directs the Secretary to develop a management plan for 
the Conservation Area within two years after enactment and 
states the purposes of the plan.
    (d) states that the Conservation Area shall not have a 
protective buffer zone or limit land uses or activities outside 
the Area or on the surface lands above it.
    (e) authorizes the Secretary to establish research 
facilities to conduct scientific research and to interpret 
historical, cultural, archaeological, natural, and educational 
resources of the Conservation Area.
    (f) directs that nothing in the Act constitutes an 
expressed or implied reservation of any water right.
    Section 5 authorizes such funding as may be necessary to 
carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 1170--Fort Stanton-Snowy River National Cave Conservation Area Act

    S. 1170 would establish the Fort Stanton-Snowy River 
National Cave Conservation Area on federal land in Lincoln 
County, New Mexico. Subject to valid existing rights, the bill 
would withdraw land within the proposed conservation area from 
programs to develop natural resources. The bill would direct 
the Secretary of the Interior to develop a plan to manage that 
area and would authorize the Secretary to establish research 
centers and visitor facilities pursuant to that plan.
    Based on information from the Bureau of Land Management, 
CBO estimates that S. 1170 would not significantly affect the 
federal budget. According to the agency, the affected land 
currently generates no significant receipts and is not expected 
to do so over the next 10 years. Therefore, we estimate that 
the proposed withdrawal would not significantly affect 
offsetting receipts (a credit against direct spending). We 
further estimate that any costs incurred to develop a 
management plan for the area or to construct new facilities 
would not exceed $500,000 in any year, subject to the 
availability of appropriated funds. Enacting S. 1170 would not 
affect revenues.
    S. 1170 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff for this estimate is Megan Carroll. This 
estimate was approved by Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1170. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1170, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Views of the Administration on S. 1170 were included in 
testimony provided by the Bureau of Land Management at the 
Subcommittee hearing as follows:

Statement of Lawrence E. Benna, Deputy Director, Operations, Bureau of 
                            Land Management

    Thank you for the opportunity to testify in support of S. 
1170, the Fort Stanton-Snowy River National Cave Conservation 
Area Act. This new discovery is both exciting and awe-
inspiring. Our responsibility, as emphasized in the 
legislation, is to protect the special scientific values of 
this new discovery. As Senator Domenici stated upon 
introduction of his legislation, this new discovery ``can only 
be described as magnificent.'' We agree completely.


                               background


    The first documented exploration of the Fort Stanton Cave 
in south central New Mexico was in the mid-19th century, 
although there is evidence that native peoples previously 
explored its environs. This cave system has been extensively 
explored and is opened, on a permitted basis, to the public. 
Scout troops, amateur cavers (cave explorers) and the general 
public have explored this cave for year. Also, for many years 
volunteer groups of scientists, cavers and other professionals 
working in conjunction with the Bureau of Land Management (BLM) 
have been searching the Fort Stanton Cave system for additional 
passages that would expand the known cave system. In 2001, they 
confirmed a new passage into a previously unknown expansion of 
the cave system; public disclosure was delayed until just two 
months ago in order to ensure protection of the unique cave 
ecosystem. This initial discovery was spearheaded by BLM 
volunteers John Corcoran, Lloyd Swartz, John Mclean, Don 
Becker, and Andrew Grieco.
    Following the discovery, a careful, systematic and 
scientific process of exploration of the expanded cave system 
began. Cavers have their own protocols to assure documented and 
scientific exploration of virgin passages. The first rule is to 
do no harm and proceed with caution. On discovery of a new 
extraordinary expansion of the cave system complex, while human 
instinct would compel us to charge forward, for cavers the 
imperative is to stop. Caves are fragile ecosystems and their 
wonders can be easily and unintentionally destroyed. Fighting 
against human instinct, they stopped and they studied before 
they proceeded. The rewards they have reaped have been 
numerous.
    As they began their systematic and scientific search of the 
cave, they were careful to keep all contact with the non-cave 
world at bay. Entering the Snowy River Cave complex involves a 
600-yard crawl through spaces no larger than 10 inches high. 
Upon arrival, all dirty clothes are changed and clean jumpsuits 
and shoes are then worn. No outside substances are brought into 
the cave and airflow is restricted so as not to contaminate or 
depressurize the cave environment.
    Exploration of the Snowy River complex with be a slow and 
thoughtful process. The complex includes ``Snowy River'' of 
calcium carbonate (calcite) that runs at least two miles 
through the base of the cave. To our knowledge, this is a 
unique phenomenon probably caused by an ancient slow moving 
river which over centuries dissolved the calcite from the 
surrounding stone and re-deposited it as a snowy carpet down 
the length of the cave.
    We are making additional exceptional discoveries throughout 
the cave. The BLM is partnering with the caving community, 
scientific community, and local universities to ensure that the 
cave's mysteries and resources are properly treated, studied 
and analyzed. Dr. Penny Boston, the Director of the Cave and 
Karst Studies program at New Mexico Tech indicates that 16 
organisms have been isolated to date from the cave that are 
unique and may exist nowhere else in the world. These organisms 
appear to survive by eating rock. This discovery lends itself 
to possible practical applications in the field of 
pharmaceuticals.
    The BLM is committed to continuing these and other 
partnerships to explore fully the Snowy River Cave system. To 
date, over two miles of the system has been mapped. The full 
extent of the system has not been determined, but the 
scientists and cavers tell us that they expect many more miles 
of cave passages are left to be explored. In addition, there 
are also numerous other caves within the Fort Stanton area 
which contain significant cultural resources now under study.


                                s. 1170


    The legislation before the Committee today would create the 
first conservation area dedicated to protecting cave resources. 
Its goal is to ``secure, protect, and conserve'' the Fort 
Stanton-Snowy River cave system. We strongly support those 
goals and the legislation to implement them. We would like the 
opportunity to work with Senators Domenici and Bingaman and the 
Committee staff to modify S. 1170 to improve management of the 
area and to offer a number of technical refinements of the 
bill.
    Each of the National Conservation Areas (NCAs) designated 
by Congress and managed by the BLM is unique. However, for the 
most part they have certain critical elements, these include: 
public land, mining, and mineral leasing law withdrawal, OHV 
use limitations, and language which charges the Secretary to 
allow only those uses that further the purposes for which the 
NCA is established. Furthermore, NCA proposals do not diminish 
the protections that currently apply to the lands. The Fort 
Stanton-Snowy River NCA proposal largely honors this spirit and 
we would like the opportunity to work with the sponsors to 
further develop appropriate protections.
    This NCA proposal is unique because of the unusual 
subterranean nature of the lands to be protected. Because the 
area is located within the old Fort Stanton military 
reservation (withdrawal revoked in 1956) the BLM already has 
some protections in place. It lies within both the Fort Stanton 
Area of Critical Environmental Concern (ACEC) and the 24,000 
acre Fort Stanton Recreation Area. The current uses of the area 
which are largely recreational are compatible with the 
protections envisioned by the legislation.
    At the same time, the world class nature of this discovery 
demands further protections as noted in S. 1170. We would like 
to work with the Committee to further clarify those protections 
and the area to be covered. Inclusion of surface as well as 
subsurface is important. While in many places the cave system 
is 60 to 100 feet below the ground, in other places tree roots 
have been observed suggesting a close proximity to the surface. 
Some surface activities could affect the cave environment if 
safeguards are not in place. We believe it is important to draw 
some line around the area. Initial estimates are that an area 
of about 10,000 acres would likely cover the entire cave system 
which includes other significant caves. The establishment of 
this NCA would be consistent with the current uses of the area.


                               conclusion


    We want to express our deep appreciation to Senators 
Domenici and Bingaman for introducing this legislation to 
protect the important cave resources of the Fort Stanton and 
Snowy River Cave system. These are important resources--
scientifically and educationally. We look forward to working 
cooperatively both with Congress and our many partners to see 
this vision become a reality.

                        CHANGES TO EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1170, as 
ordered reported.

                                  
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