[Senate Report 112-113]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 275
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-113

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   RIO GRANDE DEL NORTE NATIONAL CONSERVATION AREA ESTABLISHMENT ACT

                                _______
                                

                January 13, 2012.--Ordered to be printed

 Filed, under authority of the order of the Senate of December 17, 2011

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 667]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 667) to establish the Rio Grande del 
Norte National Conservation Area in the State of New Mexico, 
and for other purposes, having considered the same, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of S. 667 is to establish the approximately 
235,980-acre Rio Grande del Norte National Conservation Area 
and to designate the 13,420-acre Cerro del Yuta Wilderness and 
8,000-acre Rio San Antonio Wilderness in New Mexico.

                          BACKGROUND AND NEED

    S. 667 would designate the Rio Grande del Norte National 
Conservation Area, consisting of approximately 235,980 acres of 
public land managed by the Bureau of Land Management in 
northern New Mexico, including two wilderness areas--the 8,000-
acre Rio San Antonio Wilderness, currently administered as a 
Wilderness Study Area, and the 13,420-acre Cerro del Yuta 
Wilderness.
    The National Conservation Area contains high mesa 
sagebrush-grasslands interspersed with extinct volcanic cinder 
cones covered by pinon-juniper woodlands. It also incorporates 
the upper reaches of the Rio Grande Gorge, previously 
designated as a Wild and Scenic River. The plateau provides 
habitat for bighorn sheep, deer, elk, and antelope, as well as 
several types of raptors that hunt throughout the area, 
including peregrine falcons, golden eagles, and bald eagles. 
The riparian area along the Rio Grande provides habitat for 
brown trout and the federally-listed endangered southwestern 
willow flycatcher.
    The National Conservation Area also contains archeological, 
cultural, and historic resources relating to the settlement of 
the region by both indigenous populations and later by early 
Hispanic settlers. Today, residents and visitors alike use this 
area for hunting, fishing, river rafting, hiking, and other 
recreational activities.

                          LEGISLATIVE HISTORY

    S. 667 was introduced by Senators Bingaman and Udall of New 
Mexico on March 29, 2011. The Subcommittee on Public Lands and 
Forests held a hearing on S. 667 on May 18, 2011 (S. Hrg. 112-
39). At its business meeting on November 10, 2011, the 
Committee on Energy and Natural Resources ordered S. 667 
favorably reported. Senators Risch, Lee and Paul asked to be 
recorded as opposing the measure.
    During the 111th Congress, the Committee considered similar 
legislation, S. 874, also sponsored by Senators Bingaman and 
Udall of New Mexico. The Committee ordered the bill favorably 
reported with an amendment in the nature of a substitute at its 
business meeting on March 2, 2010 (S. Rept. 111-135).

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on November 10, 2011, by a voice vote of a 
quorum present, recommends that the Senate pass S. 667.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title.
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes the Rio Grande del Norte National 
Conservation Area (Conservation Area) on approximately 235,980 
acres of public land managed by the Bureau of Land Management 
in Taos and Rio Arriba counties in the State of New Mexico. No 
tribal land is included within the boundary of the Conservation 
Area, and where the Conservation Area is adjacent to land that 
is held in trust for the Taos Pueblo, the boundary of the 
Conservation Area is the centerline of the Rio Grande.
    Subsection (b) describes the purposes for which the 
Conservation Area is established, which are to conserve, 
protect, and enhance the area's cultural, archaeological, 
natural, ecological, geological, historical, wildlife, 
educational, recreational, and scenic resources.
    Subsection (c)(1) directs the Secretary of the Interior 
(Secretary) to administer the Conservation Area in a manner 
that protects the resources of the Conservation Area 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, the collection of pinon nuts and 
firewood, utility right-of-way upgrades, and tribal cultural 
uses. The Committee notes that the Bureau of Land Management 
currently authorizes the collection of medicinal plants and 
herbs and conducts sales of surplus firewood from restoration 
projects consistent with the Federal Land Policy and Management 
Act of 1976 and the Rio Grande Corridor Management Plan, and 
the BLM retains that authority, consistent with the purposes of 
this Act.
    Subsection (d) requires the Secretary to develop a 
management plan for the Conservation Area within three years 
after the date of enactment of this Act and allows the 
Secretary to incorporate the Rio Grande Corridor Management 
Plan, to the extent consistent with this Act.
    The subsection further requires the Secretary to develop 
the management plan in consultation with state and local 
governments, tribal governments, land grant communities, and 
the public, and to consider the recommendation of Indian tribes 
and pueblos with respect to access and protection of religious 
and cultural sites, and enhancing the privacy and continuity of 
cultural and religious activities within the Conservation Area.
    The Committee recognizes that the Bureau of Land Management 
and Taos Pueblo currently work cooperatively with regard to 
recreation and natural resource management along the shared 
boundary of the Rio Grande. In preparing and implementing the 
management plan, the Committee encourages the Bureau of Land 
Management to continue to work cooperatively to the maximum 
extent possible with tribes and pueblos in the vicinity of the 
Conservation Area.
    Subsection (e) states that any land that is acquired within 
the boundary of the Conservation Area shall become part of the 
Conservation Area and managed accordingly.
    Subsection (f) clarifies that the establishment of the 
Conservation Area does not alter the management status of areas 
within the boundaries designated as a component of the Wild and 
Scenic Rivers System or as an area of critical environmental 
concern, and if there is a conflict between this Act and those 
designations, the more restrictive provision controls.
    Section 4(a) designates approximately 13,420 acres and 
8,000 acres of land managed by the Bureau of Land Management as 
the Cerro del Yuta Wilderness and Rio San Antonio Wilderness, 
respectively.
    Subsection (b) states that the wilderness areas shall be 
administered in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.) and this Act.
    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 
wilderness grazing guidelines.
    Subsection (e) 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 (f) releases from Wilderness Study Area status 
land within the San Antonio Wilderness Study Area that is not 
designated as wilderness by this Act.
    Section 5(a) directs the Secretary to develop a map and 
legal description of the Conservation Area 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 Area 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 zones may be established where hunting is 
not allowed for reasons of public safety, administration, or 
public use and enjoyment.
    Subsection (d) withdraws, subject to valid existing rights, 
the Conservation Area 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.
    Subsection (e) states that nothing in this Act enlarges, 
diminishes, or otherwise modifies any treaty rights.
    Section 6 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. 667--Rio Grande del Norte National Conservation Area Establishment 
        Act

    S. 667 would establish the Rio Grande del Norte National 
Conservation Area (NCA) on land administered by the Bureau of 
Land Management (BLM) in New Mexico. Based on information 
provided by BLM, CBO estimates that enacting the legislation 
would have no significant impact on the federal budget. 
Enacting S. 667 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    Under S. 667, nearly 236,000 acres of public land would be 
designated as the Rio Grande del Norte NCA, and about 21,000 
acres of that area would be designated as part of the National 
Wilderness Preservation System. BLM, which manages the affected 
acreage, would be required to update existing management plans 
for the area. Finally, under the bill, the acreage would not be 
available for developing natural resources but would still be 
available for grazing under existing agreements.
    Because the affected acreage is already protected for 
conservation or wilderness values, CBO estimates that 
implementing the bill would have no significant effect on the 
cost of administering the area. We expect that any costs to 
update the management plan for the property or to modify 
existing maps and other materials would be minimal. Finally, 
because the affected land currently produces no income (and is 
not expected to do so in the future), we estimate that enacting 
the bill would not affect offsetting receipts.
    The bill 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. 667.
    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. 667, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 667, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the May 18, 2011 Subcommittee on Public Lands and Forests 
hearing on S. 667 follows:

  Statement of Mike Pool, Deputy Director, Bureau of Land Management, 
                       Department of the Interior

    Thank you for the opportunity to testify on S. 667, the Rio 
Grande Del Norte National Conservation Area Establishment Act. 
The Department of the Interior supports S. 667, which 
designates the nearly 236,000-acre Rio Grande Del Norte 
National Conservation Area (NCA) in northern New Mexico as well 
as two wilderness areas within the NCA.
Background
    The proposed Rio Grande del Norte NCA lies north of Taos on 
the border with Colorado and straddles Taos and Rio Arriba 
Counties. The area includes the Cerro de la Olla, Cerro San 
Antonio and Cerro del Yuta volcanic cones jutting up from the 
surrounding valley--reminders of the area's turbulent geologic 
past. Between these mountains is the Rio Grande Wild & Scenic 
River gorge, carving through the landscape and revealing the 
basalt rock beneath the surface.
    The human history of the landscape is as diverse as its 
features. Early prehistoric sites attest to the importance of 
this area for hunting and as a sacred site. Today the area is 
home to members of the Taos Pueblo, as well as descendents of 
both Hispanic and American settlers. Wildlife species--
including bighorn sheep, deer, elk and antelope--bring both 
hunters and wildlife watchers, while the Rio Grande and its 
tributaries provide blue ribbon trout fishing and other river 
recreation. Above it all soar the golden and bald eagles, 
prairie falcons, and other raptors.
S. 667
    S. 667 designates nearly 236,000 acres of land administered 
by the Bureau of Land Management (BLM) as the Rio Grande del 
Norte NCA. Each of the NCAs designated by Congress and managed 
by the BLM is unique. For the most part, however, they have 
certain critical elements, which include 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 3 of the 
bill honors these principles, and we support the NCA's 
designation.
    Section 4 of S. 667 designates two wilderness areas on BLM-
managed lands within the NCA--the proposed 13,420-acre Cerro 
del Yuta Wilderness and the 8,000-acre Rio San Antonio 
Wilderness. Both of these areas meet the definitions of 
wilderness. They are largely untouched by humans, have 
outstanding opportunities for solitude and contain important 
geological, biological and scientific features--criteria 
outlined in the Wilderness Act of 1964. We support both of 
these wilderness designations as well.
Conclusion
    Senator Bingaman's bill is the product of many years of 
discussions and collaboration with the local community, 
stakeholders, and other interested parties. It protects both 
the valuable resources of the area and the way of life in this 
unique area of northern New Mexico.
    Thank you for the opportunity to testify in support of S. 
667.

                        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. 667, as ordered 
reported.

                                  
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