[Senate Report 110-13]
[From the U.S. Government Publishing Office]



                                                        Calendar No. 38
110th Congress                                                   Report
                                 SENATE
 1st Session                                                     110-13

======================================================================



 
      FORT STANTON-SNOWY RIVER CAVE NATIONAL CONSERVATION AREA ACT

                                _______
                                

               February 15, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 260]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 260) to establish the Fort Stanton-Snowy 
River Cave National Conservation Area, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.
    The amendment is as follows:
    On page 2, line 21, strike ``November 2005'' and insert 
``January 25, 2007''.

                                PURPOSE

    The purpose of S. 260 is to establish the Fort Stanton-
Snowy River Cave National 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 continued into the 21st century, and in 2001 led to 
the discovery by Bureau of Land Management 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 National 
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. 260 was introduced by Senators Domenici and Bingaman on 
January 11, 2007. During the 109th Congress, the Committee 
considered similar legislation, S. 1170, also sponsored by 
Senators Domenici and Bingaman. The Subcommittee on Public 
Lands and Forests held a hearing on S. 1170 on July 20, 2005 
(S. Hrg. 109-157) and the Committee ordered the bill favorably 
reported on September 28, 2005 (S. Rept. 109-163).
    At the business meeting on January 31, 2007, the Committee 
on Energy and Natural Resources ordered S. 260 to be favorably 
reported.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on January 31, 2007, by a unanimous vote of a 
quorum present, recommends that the Senate pass S. 260.

                          COMMITTEE AMENDMENT

    During the consideration of S. 260, the Committee adopted 
an amendment to reference a new map for the boundary of the 
National Conservation Area. The new boundary incorporates a 
small addition recommended by the Bureau of Land Management to 
better protect the cave resources.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Fort Stanton-
Snowy River Cave National Conservation Area Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes the Fort Stanton-Snowy River Cave 
National 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.
    Subsection (b) defines the conservation area's boundary to 
include the surface and subsurface area needed to protect and 
provide access to the cave.
    Subsection (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 as soon 
as practicable after the date of enactment.
    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 
Conservation Area in a manner that conserves, protects, and 
enhances the resources and values of the Conservation Area, 
consistent with the purposes described in section 3(a) and in 
accordance with the Fort Stanton Area of Critical Environmental 
Concern Final Activity Plan.
    Subsection (b) withdraws the Conservation Area, subject to 
valid existing rights, from land disposal, location, entry, and 
patent under mining and geothermal leasing laws.
    Subsection (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.
    Subsection (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.
    Subsection (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.
    Subsection (f) directs that nothing in the Act constitutes 
an expressed or implied reservation of any water right.
    Section 5 authorizes the appropriation of such sums 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. 260--Fort Stanton-Snowy River Cave National Conservation Area Act

    S. 260 would establish the Fort Stanton-Snowy River Cave 
National 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. 260 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. 260 would not 
affect revenues.
    S. 260 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 contact 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. 260. 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. 260, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Because S. 260 is similar to legislation considered during 
the 109th Congress, the Committee did not request Executive 
Agency views. The testimony provided by the Bureau of Land 
Management at the subcommittee hearing on S. 1170 on July 20, 
2005 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 years. 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 will 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 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. 260, as ordered 
reported.


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