[Senate Report 111-310]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 596
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-310

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



 
              ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS ACT

                                _______
                                

               September 27, 2010.--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. 1689]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1689) 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, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill, as amended, do pass.
    The amendment is as follows:
    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 ``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 May 18, 2010, 
        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 
        May 18, 2010, 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 May 18, 2010, 
        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 June 22, 2010, 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 125,850 acres, as generally depicted 
        on the map entitled ``Potrillo Mountains Complex'' and dated 
        May 18, 2010, 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 16,950 acres, as generally depicted on the map 
        entitled ``Desert Peaks National Conservation Area'' and dated 
        May 18, 2010, 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 
        May 18, 2010, 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 May 
        18, 2010, which shall be known as the ``Whitethorn 
        Wilderness''.
    (b) Management.--Subject to valid existing rights, the wilderness 
areas designated by subsection (a) shall be dministered by the 
Secretary in accordance with this Act and the Wilderness Act (16 U.S.C. 
1131 et seq.) except that--
          (1) 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; and
          (2) any reference in the Wilderness Act to the Secretary of 
        Agriculture shall be considered to be a reference to the 
        Secretary of the Interior.
    (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--
          (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) the designation of new units of special airspace over the 
        wilderness areas or wilderness additions designated by this 
        Act; or
          (3) the use or establishment of military flight training 
        routes over wilderness areas or wilderness additions designated 
        by this Act.
    (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) Permit Authorization.--The Secretary may continue to authorize 
the competitive running event permitted from 1970 through 2010 in the 
vicinity of the boundaries of the Organ Mountains Wilderness designated 
by subsection (a)(4) in a manner compatible with the preservation of 
the area as wilderness.
    (h) 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 May 18, 2010, is 
                designated as a potential wilderness area.
                  (B) Uses.--The Secretary shall permit only such uses 
                on the land described in subparagraph (A) that were 
                permitted on the date of enactment of this Act.
                  (C) 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.).
    (i) 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 84,950 acres, as generally 
        depicted on the map entitled ``Organ Mountains National 
        Conservation Area'' and dated June 22, 2010, 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 75,550 acres, as generally 
        depicted on the map entitled ``Desert Peaks National 
        Conservation Area'' and dated May 18, 2010, 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, watershed, 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 a 
                utility right-of-way in existence as of the date of 
                enactment of this Act 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) interested Federal agencies;
                  (B) State, tribal, and local governments; and
                  (C) 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 
        providing access to, and protection for, traditional cultural 
        and religious sites 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 BIM'' on the map entitled ``Organ Mountains National 
Conservation Area'' and dated June 22, 2010, 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 this Act 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 this Act 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 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 this Act, and any land or interest in land 
        that is acquired by the United States in the Conservation Areas 
        or wilderness areas after the date of enactment of this Act 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) Parcel a.--The approximately 1,300 acres of land 
        generally depicted as ``Parcel A'' on the map entitled ``Organ 
        Mountains National Conservation Area'' and dated June 22, 2010, 
        is withdrawn in accordance with paragraph (1), except that the 
        land is not withdrawn 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.).
          (3) Parcel b.--The approximately 6,500 acres of land 
        generally depicted as ``Parcel B'' on the map entitled ``Organ 
        Mountains National Conservation Area'' and dated June 22, 2010, 
        is withdrawn in accordance with paragraph (1), except that the 
        land is not withdrawn for purposes of the issuance of oil and 
        gas pipeline rights-of-way.

SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

    Section 2103 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 subsection (b) and inserting the following:
    ``(b) Description of Land.--The Monument shall consist of 
approximately 5,750 acres of public land in Dona, Ana County, New 
Mexico, as generally depicted on the map entitled `Desert Peaks 
National Conservation Area' and dated May 18, 2010.''.

SEC. 7. BORDER SECURITY.

    (a) In General.--Nothing in this Act--
          (1) prevents the Secretary of Homeland Security from 
        undertaking law enforcement and border security activities, in 
        accordance with section 4(c) of the Wilderness Act (16 U.S.C. 
        1133(c)), within the areas designated as wilderness by this 
        Act, including the ability to use motorized access within a 
        wilderness area while in pursuit of a suspect;
          (2) affects the 2006 Memorandum of Understanding among the 
        Department of Homeland Security, the Department of the 
        Interior, and the Department of Agriculture regarding 
        cooperative national security and counterterrorism efforts on 
        Federal land along the borders of the United States; or
          (3) prevents the Secretary of Homeland Security from 
        conducting any low-level overflights over the wilderness areas 
        designated by this Act that may be necessary for law 
        enforcement and border security purposes.
    (b) Restricted Use Area.--
          (1) Withdrawal.--The area identified as ``Restricted Use 
        Area'' on the map entitled ``Potrillo Mountains Complex'' and 
        dated May 18, 2010 is withdrawn in accordance with section 
        5(d)(1).
          (2) Administration.--Except as provided in paragraphs (3) and 
        (4), the Secretary shall administer the area described in 
        paragraph (1) in a manner that, to the maximum extent 
        practicable, protects the wilderness character of the area.
          (3) Use of motor vehicles.--The use of motor vehicles, 
        motorized equipment, and mechanical transport shall be 
        prohibited in the area described in paragraph (1) except as 
        necessary for--
                  (A) the administration of the area (including the 
                conduct of law enforcement and border security 
                activities in the area); or
                  (B) grazing uses by authorized permittees.
          (4) Effect of subsection.--Nothing in this subsection 
        precludes the Secretary from allowing within the area described 
        in paragraph (1) the installation and maintenance of 
        communication or surveillance infrastructure necessary for law 
        enforcement or border security activities.
    (c) Restricted Route.--The route excluded from the Potrillo 
Mountains Wilderness identified as ``Restricted--Administrative 
Access'' on the map entitled ``Potrillo Mountains Complex'' and dated 
May 18, 2010, shall be--
          (1) closed to public access; but
          (2) available for administrative and law enforcement uses, 
        including border security activities.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

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

                         PURPOSE OF THE MEASURE

    The purpose of S. 1689 is to establish the 84,950-acre 
Organ Mountains National Conservation Area, the 75,550-acre 
Desert Peaks National Conservation Area, and to designate 
approximately 241,400 acres of public land in the State of New 
Mexico administered by the Bureau of Land Management as 
wilderness.

                          BACKGROUND AND NEED

    S. 1689 would establish the 84,950-acre Organ Mountains 
National Conservation Area, the 75,550-acre Desert Peaks 
National Conservation Area, and designate as wilderness 
approximately 241,400 acres of public land managed by the 
Bureau of Land Management (BLM) in Dona Ana County in southern 
New Mexico, including the 27,650-acre Aden Lava Flow, 13,900-
acre Broad Canyon, 16,950-acre Cinder Cone, 19,400-acre Organ 
Mountains, 125,850-acre Potrillo Mountains, 16,950-acre Robledo 
Mountains, 11,100-acre Sierra de las Uvas, and 9,600-acre 
Whitethorn wilderness areas.
    The wilderness and conservation areas would provide 
protection for large expanses of the Chihuahuan Desert 
ecosystem, including mountain ranges and grasslands, mesas and 
canyons, and lava flows and extinct volcanic cinder cones. The 
majority of the proposed wilderness areas are currently managed 
by the BLM as Wilderness Study Areas, and the majority of the 
Organ Mountains National Conservation Area is currently managed 
as an Area of Critical Environmental Concern.
    The region provides important wildlife habitat for both 
game and sensitive species, and contains a number of 
archeological and historical sites, including petroglyphs, 
throughout the area. The proposed-Desert Peaks National 
Conservation Area lies adjacent to the Prehistoric Trackways 
National Monument and may contain similar archeological 
resources as the National Monument. The areas designated under 
S. 1689 are used by the public for hunting, hiking, and other 
recreational activities as well as for grazing purposes. The 
surrounding communities also rely on the public lands for their 
importance as watersheds and aquifer recharge zones.

                          LEGISLATIVE HISTORY

    S. 1689 was introduced on September 17, 2009 by Senators 
Bingaman and Udall of New Mexico. On October 8, 2009, the 
Subcommittee on Public Lands and Forests held a legislative 
hearing on the bill (S. Hrg. 111-285). On February 15, 2010, 
the Committee on Energy and Natural Resources held a field 
hearing on S. 1689 in Las Cruces, New Mexico (S. Hrg. 111-384). 
At its business meeting on July 21, 2010, the Committee on 
Energy and Natural Resources ordered S. 1689 favorably reported 
with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on July 21, 2010, by voice vote of a 
quorum present, recommends that the Senate pass S. 1689, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During the consideration of S. 1689, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
updates map references in the bill to reflect the boundary 
adjustments to avoid power lines and some roads near the edges 
of some of the proposed wilderness areas. Additionally, it 
updates other changes made to the designated areas, including 
the establishment of a Restricted Use Area south of the 
Potrillo Mountains Wilderness near the U.S.-Mexico border. It 
also clarifies the permitted uses in the Robledo Mountains 
Potential Wilderness Area, and authorizes the permitting of a 
long-standing running event in the vicinity of the Organ 
Mountains Wilderness.
    The amendment also details the authorities of the 
Department of Homeland Security with respect to the 
designations established by the bill, allows for the location 
of oil and gas pipelines through a specified area, south of the 
Organ Mountains National Conservation Area, and makes several 
other technical and conforming amendments. The amendment is 
explained in detail in the section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Organ Mountains-
Desert Peaks Wilderness Act''.
    Section 2 defines key terms used in the bill.
    Section 3(a) designates public land managed by the Bureau 
of Land Management in Dona Ana County as the 27,650-acre Aden 
Lava Flow Wilderness, 13,900-acre Broad Canyon Wilderness, 
16,950-acre Cinder Cone Wilderness, 19,400-acre Organ Mountains 
Wilderness, 125,850-acre Potrillo Mountains Wilderness, 16,950-
acre Robledo Mountains Wilderness, 11,100-acre Sierra de las 
Uvas Wilderness, and 9,600-acre Whitethorn Wilderness.
    Subsection (b) states that the wilderness areas shall be 
administered in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.).
    Subsection (c) states that any land that is acquired within 
the boundary of the wilderness areas shall become part of the 
wilderness area in which the land is located and managed 
accordingly.
    Subsection (d) provides for the administration of livestock 
grazing in the wilderness areas where established before the 
date of enactment of the Act, in accordance with section 
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the 
BLM wilderness grazing guidelines.
    Subsection (e) clarifies that nothing in the section 
restricts or precludes military overflights, the designation of 
special air-space, or military flight training routes over the 
wilderness areas.
    Subsection (f) states that the designation of the 
wilderness areas shall not create a protective perimeter or 
buffer zone around the area or limit authorized land uses or 
activities outside the wilderness areas.
    Subsection (g) authorizes the Secretary of the Interior 
(Secretary) to continue to permit the competitive running event 
organized by the Mesilla Valley Track Club and continuously 
permitted since 1970 in the vicinity of the Organ Mountains 
Wilderness.
    Subsection (h)(1) designates approximately 100 acres of 
public land in the Robledo Mountains as the Robledo Mountains 
Potential Wilderness Area. Paragraph (2) states that only those 
uses permitted at the time of designation shall be permitted 
within the potential wilderness area. Paragraph (3) provides 
for the incorporation of the potential wilderness area into the 
Robledo Mountains Wilderness area at the time the Secretary 
determines that the non-conforming uses within the potential 
wilderness area have ceased and the conditions in the area are 
compatible with the Wilderness Act.
    Subsection (i) releases from Wilderness Study Area status 
land within Dona Ana County that is not designated as 
wilderness by this Act. Approximately 30,000 acres of public 
land in the county will be released from Wilderness Study Area 
status, to be managed in accordance with the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and 
other applicable laws.
    Section 4(a) establishes the 84,950-acre Organ Mountains 
National Conservation Area and 75,550-acre Desert Peaks 
National Conservation Area (Conservation Areas) on public land 
within Dona Ana County managed by the Bureau of Land 
Management.
    Subsection (b) describes the purposes for which the 
Conservation Areas are established, which are to conserve, 
protect, and enhance the areas' cultural, archaeological, 
natural, geological, historical, ecological, watershed, 
wildlife, educational, recreational, and scenic resources.
    Subsection (c)(1) directs the Secretary to administer the 
Conservation Areas in a manner that protects their resources 
and in accordance with the laws and regulations applicable to 
public land, this Act, and other applicable laws. Paragraph (2) 
directs the Secretary to allow only such uses that further the 
purposes of the Conservation Area and provides the Secretary 
with direction with regard to the management of motorized 
vehicles, grazing, and utility right-of-way upgrades.
    Subsection (d) requires the Secretary to develop a 
management plan for the Conservation Areas within three years 
after the date of enactment of the Act. The subsection further 
requires the Secretary to develop the management plan in 
consultation with state and local governments, tribal 
governments, and the public, and to consider the recommendation 
of Indian tribes and pueblos with respect to access to and 
protection of religious and cultural sites within the 
Conservation Areas.
    Subsection (e) states that any land that is acquired within 
the boundary of either Conservation Area shall become part of 
the respective Conservation Area and managed accordingly.
    Subsection (f) transfers administrative jurisdiction over 
approximately 2,050 acres of land currently part of Fort Bliss 
Military Reservation from the Secretary of Defense to the 
Secretary and incorporates the land into the Organ Mountains 
National Conservation Area to be managed in accordance with 
this Act and other applicable laws.
    Section 5(a) directs the Secretary to develop a map and 
legal description of the Conservation Areas and wilderness 
areas and to make it available to the public as soon as 
practicable after the date of enactment of this Act.
    Subsection (b) states that the Conservation Areas and 
wilderness areas shall be administered as components of the 
National Landscape Conservation System.
    Subsection (c) clarifies that nothing in the Act affects 
the State of New Mexico's jurisdiction with respect to fish and 
wildlife, except that the Secretary may establish areas where 
hunting is not allowed for reasons of public safety, 
administration, or public use and enjoyment.
    Subsection (d)(1) withdraws, subject to valid existing 
rights, the Conservation Areas and wilderness areas from: 
Entry, appropriation, or disposal under the public land laws; 
location, entry, and patent under the mining laws; and 
operation of the mineral leasing, mineral materials, and 
geothermal leasing laws. Paragraph (2) states that the 
approximately 1,300 acres of public land depicted on the map as 
``Parcel A'' is withdrawn according to paragraph (1) except 
that it is not withdrawn 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.). Paragraph (3) states 
that the approximately 6,500 acres of public land depicted on 
the map as ``Parcel B'' is withdrawn according to paragraph (1) 
except that it is not withdrawn for purposes of the issuance of 
oil and gas pipeline rights-of-way.
    Section 6 adjusts the boundary of the Prehistoric Trackways 
National Monument located in Doa Ana County by 
incorporating an additional 470 acres of public land into the 
existing Monument boundary.
    Section 7(a) clarifies that nothing in the Act: Prevents 
the Department of Homeland Security from undertaking law 
enforcement and border security activities within the 
wilderness areas while in pursuit of a suspect, in accordance 
with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), 
including the use of motorized vehicles; affects the 2006 
Memorandum of Understanding among the Department of Homeland 
Security, the Department of the Interior, and the Department of 
Agriculture regarding cooperative national security and 
counterterrorism efforts on Federal land along the borders of 
the United States; or prevents the Secretary of Homeland 
Security from conducting any low-level overflights over the 
wilderness areas designated by this Act.
    Subsection (b)(1) states that the public land depicted on 
the map as ``Restricted Use Area'' is withdrawn in accordance 
with section 5(d)(1). Paragraph (2) directs the Secretary to 
administer the area in a manner that, to the maximum extent 
practicable, protects the wilderness character of the area. 
Paragraph (3) prohibits the use of motorized equipment and 
mechanical transport within the area except for administration 
of the area, including the conduct of law enforcement and 
border security activities and grazing uses by authorized 
permittees. Paragraph (4) clarifies that the Secretary is not 
precluded from allowing the installation and maintenance of 
communication or surveillance infrastructure necessary for law 
enforcement or border security activities within the Restricted 
Use Area.
    Subsection (c) excludes the route depicted on the map as 
``Restricted--Administrative Access'' from the Potrillo 
Mountains Wilderness and closes the route to public access but 
provides that it shall remain available for administrative and 
law enforcement uses, including border security activities.
    Section 8 authorizes the appropriation of such sums as are 
necessary to implement the Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1689--Organ Mountains-Desert Peaks Wilderness Act

    S. 1689 would change the legal status of about 250,000 
acres of federal land in New Mexico. The bill would establish 
two National Conservation Areas (NCAs) and eight new wilderness 
areas totaling about 240,000 acres. The legislation also would 
withdraw about 8,000 acres of Bureau of Land Management (BLM) 
land from most disposal, mining or mineral leasing activities; 
transfer 2,000 acres of land from the Department of Defense to 
BLM for inclusion in one of the NCAs established under the 
bill; and expand the Prehistoric Trackways National Monument to 
include an additional 470 acres of BLM land. Finally, the bill 
would release about 16,000 acres of land from its current 
status as a wilderness study area. Because the lands affected 
by the legislation are already managed by the federal 
government, CBO estimates that any increase in federal costs to 
manage those lands would not exceed $500,000 in any year.
    S. 1689 could reduce offsetting receipts because it would 
no longer allow certain lands to be disposed of or leased. 
Therefore pay-as-you-go procedures apply to the legislation. 
However, based on information from BLM, CBO estimates that any 
reduction in offsetting receipts would be negligible over the 
2010-2020 period.
    S. 1689 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, 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. 1689. 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. 1689.

                        EXECUTIVE COMMUNICATIONS

    The views of the administration were included in testimony 
received by the Committee at a hearing on S. 1689, on October 
8, 2009.

   Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for inviting the Department of the Interior to 
testify on S. 1689, the Organ Mountains-Desert Peaks Wilderness 
Act. The Administration supports S. 1689, which designates two 
new National Conservation Areas (NCAs) and eight new wilderness 
areas in Dona Ana County, New Mexico. We welcome this 
opportunity to enhance protection for some of America's 
treasured landscapes.


                               background


    Dona Ana County is many things--the county with the second 
highest population in New Mexico; home to Las Cruces, one of 
the fastest growing cities in the country; and a land of 
amazing beauty. Towering mountain ranges, dramatic deserts, and 
fertile valleys characterize this corner of the Land of 
Enchantment. The Organ Mountains, east of the city of Las 
Cruces, dominate the landscape. Characterized by steep, 
angular, barren rock outcroppings, the Organ Mountains rise to 
nearly 9,000 feet in elevation and extend for 20 miles, running 
generally north and south. This high-desert landscape within 
the Chihuahua Desert contains a multitude of biological zones--
mixed desert shrubs and grasslands in the lowlands ascending to 
pinon and juniper woodlands, and finally to ponderosa pines at 
the highest elevations. Consequently, the area is home to a 
high diversity of animal life, including peregrine falcons and 
other raptors, as well as mountain lions and other mammals. 
Abundant prehistoric cultural sites, dating back 8,000 years, 
dot the landscape. The Organ Mountains are a popular recreation 
area, with multiple hiking trails, a popular campground, and 
opportunities for hunting, mountain biking, and other dispersed 
recreation.
     On the west side of Las Cruces are the mountain ranges and 
peaks of the Robledo Mountains and Sierra de las Uvas, which 
make up the Desert Peaks area. These desert landscapes are 
characterized by numerous mesas and buttes interspersed with 
deep canyons and arroyos. Mule deer, mountain lions, and golden 
eagles and other raptors are attracted to this varied 
landscape. Prehistoric cultural sites of the classic Mimbres 
and El Paso phases are sprinkled throughout this region along 
with historic sites associated with more recent settlements. 
This area is also home to the unusual Night-blooming Cereus--
seeing the one-night-a-year bloom in its natural surroundings 
is a rare delight. Finally, the area provides varied disbursed 
recreational opportunities.
    To the southwest of Las Cruces, near the Mexican border, is 
the Potrillo Mountains Complex. The geologic genesis of these 
mountains is different from that of the Organ Mountains and 
Desert Peaks area. Cinder cones, volcanic craters, basalt lava 
flows, and talus slopes characterize this corner of Dona Ana 
County. These lands are famous for their abundant wildlife, and 
contain significant fossil resources. A well-preserved giant 
ground sloth skeleton, now housed at Yale University, was 
discovered in this area. The sheer breadth of these lands and 
their open, expansive vistas offer remarkable opportunities for 
solitude.
    Senator Bingaman and a wide range of local governments, 
communities, user groups, conservationists, and Federal 
agencies have worked collaboratively to develop this consensus 
proposal to protect all of these special areas.


                                s. 1689


    S. 1689 proposes to designate two new NCAs and eight 
wilderness areas in Dona Ana County, New Mexico, which would be 
included in BLM's National Landscape Conservation System. The 
legislation also releases over 16,000 acres from wilderness 
study area (WSA) status, transfers land from the Department of 
the Defense (DOD) to the BLM for inclusion within an NCA, and 
withdraws certain additional lands from disposal, mining, and 
mineral leasing.
    Section 3 of S. 1689 designates eight wilderness areas 
totaling approximately 259,000 acres. The BLM supports the 
proposed wilderness designations in S. 1689. We would like the 
opportunity to work with the Chairman on minor boundary 
modifications for manageability, as well as modifications to 
some minor technical provisions.
    These new wilderness designations are in three distinct 
areas of the county. First, within the proposed Organ Mountains 
NCA, 19,400 acres would be designated as the Organ Mountains 
Wilderness.
    The second area is within the Desert Peaks National 
Conservation Area proposed in this legislation. The bill 
proposes three designations in this area: Broad Canyon 
Wilderness (13,900 acres); Robledo Mountains Wilderness (17,000 
acres); and Sierra de las Uvas Wilderness (11,100 acres). These 
three areas are within the 33,600-acre Desert Peaks NCA. Within 
the Robledo Mountains Wilderness, a small corridor of 
approximately 100 acres has been designated as ``potential 
wilderness'' by section 3(g) of S. 1689. The lands included in 
this potential wilderness contain a communications right-of-
way, and it is our understanding that it is the intention of 
the Chairman to allow the continued use of this site by the 
current lesses. However, in the event that the communications 
right-of-way is relinquished, these lands would be reclaimed 
and become part of the wilderness area. We support this 
provision.
    Finally, the Potrillo Mountains complex in the southwest 
corner of Dona Ana County includes: Aden Lava Flow Wilderness 
(27,650 acres); Cinder Cone Wilderness (16,950 acres); Potrillo 
Mountains Wilderness (143,450 acres); and Whitethorn Wilderness 
(9,600 acres). Both the Potrillo Mountains Wilderness and 
Whitethorn Wilderness extend into adjacent Luna County. The 
legislation releases a substantial swath of land along the 
border with Mexico that is currently designated as WSA from WSA 
restrictions. The release contemplated by the legislation would 
allow greater flexibility for law enforcement along the border. 
We support this WSA release.
    Two National Conservation Areas are established by section 
4 of the legislation--the Organ Mountains NCA and the Desert 
Peaks NCA. As noted above, both of these NCAs include proposed 
designated wilderness within their boundaries. Each of the NCAs 
designated by Congress and managed by the BLM is unique. 
However, all NCA designations have certain critical elements in 
common, including withdrawal from the public land, mining, and 
mineral leasing laws; off-highway vehicle use limitations; and 
language that charges the Secretary of the Interior with 
allowing only those uses that further the purposes for which 
the NCA is established. Furthermore, NCA designations should 
not diminish the protections that currently apply to the lands. 
Section 4 of the bill honors these principles, and the BLM 
supports the designation of both of these NCAs.
    Much of the lands proposed for both wilderness and NCA 
designations have been historically grazed by domestic 
livestock, and grazing continues today. Many of BLM's existing 
wilderness areas and NCAs throughout the West are host to 
livestock grazing, which is compatible with these designations. 
This use will continue within the NCAs and wilderness areas 
designated by S. 1689.
    Section 4(f) of the bill transfers administrative 
jurisdiction of 2,050 acres from DOD to the BLM. These lands, 
currently part of the Army's Fort Bliss, would be incorporated 
into the Organ Mountains NCA. The lands to be transferred 
include the dramatic and scenic Fillmore Canyon as well as the 
western slopes of Organ Peak and Ice Canyon. We would welcome 
these lands into BLM'S National System of Public Lands, and we 
would like to work with the Committee and DOD to ensure that 
the transfer is conducted consistent with other DOD land 
transfers to BLM.
    Section 6 of S. 1689 concerns the recently established 
Prehistoric Trackways National Monument, just southeast of the 
proposed Desert Peaks NCA, the monument was established in 
Title II, Subtitle B of the Omnibus Public Land Act (Public Law 
111-11) signed by the President on March 30 of this year. 
Section 6 of S. 1689 addresses recent additional discoveries of 
280 million-year old reptile, insect, and plant fossils on 
adjacent BLM-managed lands by adding 170 acres to the Monument. 
The BLM supports this expansion of the Monument.
    Section 5(d) of the legislation provides for the withdrawal 
of two parcels of BLM-managed lands from the land, mining, and 
mineral leasing laws, The parcel designated as ``Parcel A'' is 
approximately 1,300 acres of BLM-managed lands on the eastern 
outskirts of Las Cruces. This parcel is a popular hiking and 
mountain biking site, and provides easy access to the peak of 
the Tortugas Mountains. From here, visitors can take in 
spectacular views of Las Cruces and the Rio Grande Valley. We 
understand that Chairman Bingaman's goal is to ensure that 
these lands are preserved for continued recreational use by Las 
Cruces residents. The legislation provides for a possible lease 
of these lands to governmental or nonprofit agency under the 
Recreation and Public Purposes Act. The larger, 6,300 acre 
parcel, designated as ``Parcel B,'' lies on the southern end of 
the proposed Organ Mountains NCA. It is our understanding that 
Chairman Bingaman considered adding this parcel to the NCA 
because of important resource values. However, a multitude of 
current uses make inclusion of this parcel in the NCA 
inconsistent with the purposes established for the NCA. 
Therefore, the limited withdrawal of the parcel will better 
serve to protect the resources within this area without 
negatively affecting the current uses of the area. The BLM 
supports the withdrawal of both of these parcels.
    Finally, the BLM, along with many partners, has undertaken 
restoration efforts on more than one million acres of degraded 
landscapes in New Mexico, with the goal of returning 
grasslands, woodlands, and riparian areas to their original 
healthy conditions. We would like to work with the Chairman to 
develop language to support the BLM in implementing appropriate 
land restoration activities that will benefit watershed and 
wildlife health within these designated areas.


                               conclusion


     Thank you for the opportunity to testify in support of S. 
1689. Both the BLM and the Department welcome opportunities to 
engage in important discussions such as this that advance the 
protection of treasured American landscapes. Passage of this 
legislation will ensure that generations of New Mexicans and 
all Americans will be able to witness a golden eagle soar over 
the Sierra de las Uvas, hike the landmark Organ Mountains, or 
hunt in the volcanic outcroppings of the Portrillo Mountains.

                        CHANGES IN 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. 1689, as 
ordered reported.

                                  
