[House Report 110-632]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-632

======================================================================
 
 LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA ACT OF 2008

                                _______
                                

  May 13, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3930]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3930) to provide for a land exchange involving State 
land and Bureau of Land Management land in Chavez and Dona Ana 
Counties, New Mexico, and to establish the Lesser Prairie 
Chicken National Habitat Preservation Area, and for other 
purposes, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Lesser Prairie Chicken National 
Habitat Preservation Area Act of 2008''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) State land.--The term ``State land'' means the 
        approximately 13,236 acres of State land, as depicted on the 
        map.
          (2) Map.--The term ``map'' means the map titled ``Lesser 
        Prairie Chicken National Habitat Preservation Area and Land 
        Exchange'' and dated April 30, 2008.
          (3) Federal land.--The term ``Federal land'' means the land 
        administered by the Secretary consisting of approximately 7,718 
        acres as depicted on the map.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of New Mexico.
          (6) County.--The term ``County'' means the County of Chaves.
          (7) Preservation area.--The term ``Preservation Area'' means 
        the Lesser Prairie Chicken National Habitat Preservation Area.

SEC. 3. LAND EXCHANGE.

  (a) In General.--The Secretary may convey to the State all right, 
title, and interest of the United States in and to the Federal land.
  (b) Consideration.--As consideration for the conveyance of the 
Federal land under subsection (a), the State shall convey to the United 
States all right, title, and interest of the State in and to the State 
land.
  (c) Interests Included in Exchange.--Subject to valid existing 
rights, the land exchange under this Act shall include the conveyance 
of all surface, subsurface, mineral, and water rights to the Federal 
land and State land.
  (d) Compliance With Federal Land Policy and Management Act.--The 
Secretary shall carry out the land exchange under this Act in 
accordance with section 206 of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1716) and other applicable laws.
  (e) No Amendment to Management Plan Required.--The exchange of 
Federal land and State land shall not require an amendment to the 
Mimbres Resource Management Plan.
  (f) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions for the land exchange as the Secretary 
considers to be appropriate to protect the interests of the United 
States.

SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA.

  (a) Establishment; Purposes.--There is established in the County the 
Lesser Prairie Chicken National Habitat Preservation Area to protect, 
conserve, and enhance habitat for the Lesser Prairie Chicken.
  (b) Boundaries.--The Preservation Area shall consist of approximately 
28,168 acres of public land and 9,402 acres of land acquired under 
section 3 of this Act, as generally depicted on the map.
  (c) Maps and Legal Description.--
          (1) In general.--Not later than 30 days after the date of the 
        enactment of this Act, the Secretary shall submit to Congress a 
        map and legal description of the Preservation Area.
          (2) Force and effect.--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 clerical and typographical errors in the map and 
        legal description.
          (3) Public availability.--Copies of the map and legal 
        description submitted under paragraph (1) shall be on file and 
        available for public inspection in--
                  (A) the Office of the Director of the Bureau of Land 
                Management;
                  (B) the Office of the State Director;
                  (C) the Office of the Pecos District Manager of the 
                Bureau of Land Management; and
                  (D) the Office of the County Clerk in Roswell, New 
                Mexico.

SEC. 5. MANAGEMENT OF THE PRESERVATION AREA.

  (a) In General.--The Secretary shall manage the Preservation Area--
          (1) in a manner that protects, conserves, and enhances the 
        habitat for the Lesser Prairie Chicken; and
          (2) in accordance with--
                  (A) this Act;
                  (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                  (C) any other applicable laws.
  (b) Uses.--
          (1) In general.--The Secretary shall allow only uses of the 
        Preservation Area that the Secretary determines will further 
        the purposes for which the Preservation Area is established.
          (2) Use of motorized vehicles.--Except as needed for 
        administrative purposes or to respond to an emergency, the use 
        of motorized vehicles or mechanized transport in the 
        Preservation Area shall be allowed only on roads and trails 
        designated for vehicular use under the management plan so long 
        as such use is in conformance with the purposes of this Act.
  (c) Withdrawals.--Subject to valid existing rights, all land managed 
by the Bureau of Land Management within the Preservation Area and any 
land and interests in land acquired for the Preservation Area by the 
United States after the date of the enactment of this Act are withdrawn 
from--
          (1) all forms of entry, appropriation, or disposal under the 
        public land laws;
          (2) location, entry, and patent under the mining laws; and
          (3) disposal under the mineral leasing, mineral materials, 
        and geothermal leasing laws.
  (d) Hunting and Trapping.--
          (1) In general.--Subject to paragraph (2), hunting and 
        trapping shall be allowed in the Preservation Area to the 
        extent consistent with the protection and conservation of the 
        Lesser Prairie Chicken.
          (2) Limitations.--
                  (A) Regulations.--The Secretary may designate by 
                regulation areas in which, and establish periods during 
                which, for reasons of public safety, administration, or 
                compliance with applicable laws, no hunting or trapping 
                will be permitted in the Preservation Area.
                  (B) Consultation.--Except in emergencies, the 
                Secretary shall consult with the appropriate State 
                agency before promulgating regulations under 
                subparagraph (A) that close a portion of the 
                Preservation Area to hunting and trapping.
  (e) Grazing.--The Secretary may allow grazing solely for the purpose 
of vegetative management to enhance Lesser Prairie Chicken habitat.
  (f) Activities Outside Preservation Area.--The fact that an activity 
or use of land is not permitted on land within the Preservation Area 
shall not preclude the activity or use outside the boundary of the 
Preservation Area or on private land within the Preservation Area, 
consistent with other applicable law.
  (g) Acquisition of Land.--
          (1) In general.--The Secretary may acquire land in the 
        Preservation Area only--
                  (A) from a willing seller; and
                  (B) through purchase, exchange, or donation.
          (2) Management.--Land acquired under paragraph (1) shall be 
        managed as part of the Preservation Area in accordance with 
        this Act.
  (h) Interpretative Sites.--The Secretary may establish sites in the 
Preservation Area to permit the interpretation of the historical, 
cultural, scientific, archaeological, natural, and education resources 
of the Preservation Area.

SEC. 6. MANAGEMENT PLAN.

  (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall develop a comprehensive plan 
for the long-range protection and management of the Preservation Area.
  (b) Contents.--The management plan shall--
          (1) describe the appropriate uses and management of the 
        Preservation Area in accordance with--
                  (A) this Act;
                  (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                  (C) other applicable laws;
          (2) incorporate, as appropriate, decisions in any other 
        management or activity plan for the land within or adjacent to 
        the Preservation Area; and
          (3) take into consideration--
                  (A) any information developed in studies of the land 
                within or adjacent to the Preservation Area; and
                  (B) the historical involvement of the local community 
                in the interpretation and protection of the resources 
                of the Preservation Area.

  Amend the title so as to read:

      A bill to provide for a land exchange involving State 
land and Bureau of Land Management land in Chaves and Dona Ana 
Counties, New Mexico, and to establish the Lesser Prairie 
Chicken National Habitat Preservation Area, and for other 
purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3930 is to provide for a land exchange 
involving State of New Mexico land and Bureau of Land 
Management land in Chaves and Dona Ana Counties, New Mexico, 
and to establish the Lesser Prairie Chicken National Habitat 
Preservation Area, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Lesser Prairie Chicken is a grassland-nesting bird 
whose range once consisted of the dry, short-grass prairies of 
Kansas, Colorado, Oklahoma, New Mexico, and Texas. Once 
abundant throughout the region, a decline in habitat quality 
due to herbicide use, energy and mineral development, and 
excessive grazing is significantly affecting populations of the 
bird. A long-term drought in the West has put even further 
stress on the remaining populations. It is estimated that the 
occupied range of the Lesser Prairie Chicken has been reduced 
by more than 90 percent. The U.S. Fish and Wildlife Service now 
considers the Lesser Prairie Chicken to be a candidate species 
under the Endangered Species Act.
    The Sand Dune Lizard is a small reptile that is specialized 
to live only in what is known as the ``sand dune blow-out, 
shinnery oak'' habitat, which is unique to southeastern New 
Mexico and a few remaining areas of West Texas, and which is 
found within the proposed Preservation Area. Habitat 
destruction due to oil and gas development and overgrazing, as 
well as the use of herbicides to remove the shinnery oak, has 
resulted in the sand dune lizard being listed as a candidate 
species under the Endangered Species Act.
    H.R. 3930, as amended, would provide for the exchange of 
state of New Mexico land and federal land administered by the 
Bureau of Land Management (BLM) in Chavez and Dona Ana counties 
to establish the Lesser Prairie Chicken National Habitat 
Preservation Area for the purpose of protecting, conserving and 
enhancing habitat primarily for the lesser prairie chicken, but 
also for the sand dune lizard. The bill will also provide for 
the management of the Preservation Area. This National Habitat 
Preservation Area would be the first of its kind.

                            COMMITTEE ACTION

    H.R. 3930 was introduced on October 23, 2007 by 
Representative Steve Pearce (R-NM). The bill was referred to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on National Parks, Forests and Public Lands. 
On April 24, 2008, the Subcommittee held a hearing on the bill, 
during which a representative from the Interior Department 
testified in support of the land exchange because it would 
consolidate federal ownership and management of habitat for the 
Lesser Prairie Chicken and the Sand Dune Lizard. However, the 
administration testified that technical changes were needed, as 
well as assurance that the acreage on the map of the area was 
current.
    On April 30, 2008, the full Natural Resources Committee met 
to consider the bill. The Subcommittee was discharged from 
further consideration of H.R. 3930. Representative Steve Pearce 
(R-NM) offered an amendment in the nature of a substitute. The 
amendment included technical changes addressing the Interior 
Department's concerns. The Pearce amendment was agreed to by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Lesser Prairie Chicken National Habitat Preservation Area Act 
of 2008.''

Section 2. Definitions

    Section 2 defines the terms used in this Act.

Section 3. Land exchange

    Subsection (a) provides that the Secretary of the Interior 
may convey to the State of New Mexico all right, title and 
interest of the United States in and to the federal land 
defined in this Act and depicted on the map titled, ``Lesser 
Prairie Chicken National Habitat Preservation Area and Land 
Exchange'' and dated April 30, 2008.
    Subsection (b) provides that as consideration for the 
conveyance of the federal land under subsection (a), the State 
of New Mexico shall convey to the United States all right, 
title and interest of the State in and to the state land 
defined in this Act and depicted on the April 30, 2008 map.
    Subsection (c) provides that land exchanged under this Act 
shall include the conveyance of all surface, subsurface, 
mineral and water rights to the federal land and the state 
land, subject to valid existing rights.
    Subsection (d) provides that the Secretary must carry out 
this land exchange in accordance with section 206 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) 
and other applicable laws.
    Subsection (e) provides that this land exchange shall not 
require an amendment to the Mimbres Resource Management Plan.
    Subsection (f) allows that the Secretary may require 
additional terms and conditions to apply to the land exchange 
if the Secretary deems them appropriate to protect the 
interests of the United States.

Section 4. Lesser Prairie Chicken National Habitat Preservation Area

    Subsection (a) establishes the Lesser Prairie Chicken 
National Habitat Preservation Area and provides that the 
purposes of the Preservation Area are to protect, conserve and 
enhance habitat for the Lesser Prairie Chicken.
    Subsection (b) defines the boundaries of the Preservation 
Area as consisting of approximately 28,168 acres of public land 
and 9,402 acres of land acquired under section 3 of this Act.
    Subsection (c) provides that (1) no later than 30 days 
after the date of enactment of this Act, the Secretary shall 
submit to Congress a map and legal description of the 
Preservation Area; and that, (2) this map and legal description 
shall have the same force and effect as if included in this Act 
(except that the Secretary may correct clerical and 
typographical errors). Subsection (c) also directs that copies 
of the map and legal description be on file and made available 
to the public at several locations specified in the bill.

Section 5. Management of the Preservation Area

    Subsection (a) provides that the Secretary shall manage the 
Preservation Area in a manner that protects, conserves and 
enhances the habitat for the Lesser Prairie Chicken; and also 
in accordance with this Act; the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.); and other 
applicable laws.
    Subsection (b) provides for the uses of the Preservation 
Area and states that the Secretary shall only allow uses of the 
Preservation Area that the Secretary determines will further 
the purposes for which the Preservation Area is established. 
Paragraph (2) of this subsection provides that, except for 
administrative purposes or to respond to an emergency, the use 
of motorized vehicles or mechanized transport in the 
Preservation Area shall be allowed only on roads and trails 
designated for vehicular use under the management plan, so long 
as such use is in conformance with the purposes of this Act.
    Subsection (c) provides for withdrawal of the land within 
the Preservation Area. It directs that, subject to valid 
existing rights, all land managed by the Bureau of Land 
Management within the Preservation Area, and any land and 
interests in land acquired for the Preservation Area by the 
United States after the date of the enactment of this Act, will 
be withdrawn from all forms of entry, appropriation, or 
disposal under the public lands laws; location, entry, and 
patent under the mining laws; and disposal under the mineral 
leasing, mineral materials, and geothermal leasing laws.
    Subsection (d) authorizes limited hunting and trapping 
within the Preservation Area. Paragraph (1) provides that, 
subject to the limitations contained in paragraph (2), hunting 
and trapping shall be allowed in the Preservation Area, to the 
extent consistent with the protection and conservation of the 
Lesser Prairie Chicken. Paragraph (2) defines these limitations 
by providing that the Secretary may designate, by regulation, 
areas within the Preservation Area where hunting or trapping is 
not permitted and may establish periods during which, for 
reasons of public safety, administration, or compliance with 
applicable laws, no hunting or trapping will be permitted. In 
carrying out such authorities, the Secretary shall consult with 
the appropriate state agency before promulgating regulations to 
close a portion of the Preservation Area to hunting and 
trapping, except in emergencies.
    Subsection (e) provides that the Secretary may allow 
grazing for the sole purpose of vegetative management to 
enhance the Lesser Prairie Chicken habitat.
    Subsection (f) states that the prohibition of an activity 
or use of land within the Preservation Area shall not preclude 
the activity or use outside the boundary of the Preservation 
Area or on private land within the Preservation Area, 
consistent with other applicable law.
    Subsection (g) provides for the acquisition of land. 
Paragraph (1) states that the Secretary may acquire land in the 
Preservation Area only from a willing seller through purchase, 
exchange or donation. Paragraph (2) provides that the land 
acquired shall be managed as part of the Preservation Area in 
accordance with this Act.
    Subsection (h) allows for interpretive sites. It provides 
that the Secretary may establish such sites in the Preservation 
Area to permit the interpretation of the historical, cultural, 
scientific, archeological, natural, and education resources of 
the Preservation Area.

Section 6. Management plan

    Subsection (a) directs the Secretary to develop a 
comprehensive plan for the long-range protections and 
management of the Preservation Area within one year of the date 
of enactment of this Act.
    Subsection (b) requires that the management plan shall 
describe the appropriate uses and management of the 
Preservation Area in accordance with this Act; the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and 
other applicable laws. It also requires that the management 
plan shall incorporate, as appropriate, decisions in any other 
management or activity plan for the land within or adjacent to 
the Preservation Area take into consideration any information 
developed in studies of the land within or adjacent to the 
Preservation Area as well as the historical involvement of the 
local community in the interpretation and protection of the 
resources of the Preservation Area.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3, of the 
Constitution of the United States grants Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for a land exchange 
involving State of New Mexico land and Bureau of Land 
Management land in Chaves and Dona Ana Counties, New Mexico, 
and to establish the Lesser Prairie Chicken National Habitat 
Preservation Area.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 3930--Lesser Prairie Chicken National Habitat Preservation Area 
        Act of 2008

    H.R. 3930 would establish the Lesser Prairie Chicken 
National Habitat Preservation Area on about 37,000 acres of 
land in New Mexico. Based on information provided by the Bureau 
of Land Management (BLM), which would manage the preservation 
area, CBO estimates that implementing H.R. 3930 would cost 
about $800,000 over the next three years. We estimate that 
enacting the legislation would have no significant effect on 
direct spending or revenues.
    H.R. 3930 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. 
State and local governments could benefit from grants 
authorized by the bill.
    Under H.R. 3930, BLM would convey to New Mexico about 7,700 
acres of land within the state in exchange for about 13,000 
acres of nearby state property. Most of the land to be conveyed 
by New Mexico would be added to existing BLM holdings of about 
28,000 acres to form the new preservation area. In addition, 
BLM would be authorized to acquire private lands within the 
boundaries of the preservation area. All land within that area 
would be withdrawn, subject to valid existing rights, from 
programs to commercially develop public lands, except that 
grazing would be allowed in certain situations. Finally, BLM 
would prepare a comprehensive plan for the new preservation 
area and would develop signs and other exhibits to help 
interpret the area's historical and natural resources.
    CBO estimates that BLM would spend about $300,000 to 
acquire about 300 acres of private land for the preservation 
area over the next three years. We estimate that an additional 
$500,000 would be spent for one-time planning, interpretation, 
and other activities to protect and develop resources within 
the new preservation area, including surveying and other 
activities related to the property exchange. Finally, we 
estimate that ongoing costs to manage newly acquired acreage 
within and near the area would be minimal.
    For this estimate, CBO assumes that the properties to be 
exchanged would be determined by NPS to be roughly equal in 
value. Also, we expect that the federal acreage to be conveyed 
to New Mexico will generate no income over the next 10 years; 
therefore, offsetting receipts (a credit against direct 
spending) would not be affected by the bill.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3930 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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