[Senate Report 113-54]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 108
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-54

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



 
     RIO GRANDE DEL NORTE NATIONAL CONSERVATION AREA ESTABLISHMENT

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 241]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 241) 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 with an amendment and an amendment to the 
title and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. 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 ``Cerros del Norte Conservation Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Map.--The term ``map'' means the map entitled ``Rio 
        Grande del Norte National Monument Proposed Wilderness Areas'' 
        and dated May 2, 2013.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) Wilderness area.--The term ``wilderness area'' means a 
        wilderness area designated by section 3(a).

SEC. 3. DESIGNATION OF RIO GRANDE DEL NORTE WILDERNESS AREAS.

  (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), the following areas in the Rio Grande del Norte National 
Monument are designated as wilderness and as components of the National 
Wilderness Preservation System:
          (1) Cerro del yuta wilderness.--Certain land administered by 
        the Bureau of Land Management in Taos County, New Mexico, 
        comprising approximately 13,420 acres as generally depicted on 
        the map, which shall be known as the ``Cerro del Yuta 
        Wilderness''.
          (2) Rio san antonio wilderness.--Certain land administered by 
        the Bureau of Land Management in Rio Arriba County, New Mexico, 
        comprising approximately 8,000 acres, as generally depicted on 
        the map, which shall be known as the ``Rio San Antonio 
        Wilderness''.
  (b) Management of Wilderness Areas.--Subject to valid existing 
rights, the wilderness areas shall be administered in accordance with 
the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that 
with respect to the wilderness areas designated by this Act--
          (1) any reference to the effective date of the Wilderness 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.
  (c) Incorporation of Acquired Land and Interests in Land.--Any land 
or interest in land within the boundary of the wilderness areas that is 
acquired by the United States shall--
          (1) become part of the wilderness area in 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, 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) Buffer Zones.--
          (1) In general.--Nothing in this Act creates a protective 
        perimeter or buffer zone around the wilderness areas.
          (2) Activities outside wilderness areas.--The fact that an 
        activity or use on land outside a wilderness area can be seen 
        or heard within the wilderness area shall not preclude the 
        activity or use outside the boundary of the wilderness area.
  (f) 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 within the San Antonio 
Wilderness Study Area not designated as wilderness by this section--
          (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 this Act.
  (g) Maps and Legal Descriptions.--
          (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall file the map and 
        legal descriptions of the wilderness areas 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 map 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 legal description and map.
          (3) Public availability.--The map 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.
  (h) National Landscape Conservation System.--The wilderness areas 
shall be administered as components of the National Landscape 
Conservation System.
  (i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction 
of the State of New Mexico with respect to fish and wildlife located on 
public land in the State.
  (j) Withdrawals.--Subject to valid existing rights, any Federal land 
within the wilderness areas designated by subsection (a), including any 
land or interest in land that is acquired by the United States after 
the date of enactment of this Act, is withdrawn from--
          (1) entry, appropriation, or disposal under the public land 
        laws;
          (2) location, entry, and patent under the mining laws; and
          (3) operation of the mineral leasing, mineral materials, and 
        geothermal leasing laws.
  (k) Treaty Rights.--Nothing in this Act enlarges, diminishes, or 
otherwise modifies any treaty rights.

    2. Amend the tile so as to read: ``A bill to establish 
certain wilderness areas in the Rio Grande del Norte National 
Monument, New Mexico, and for other purposes.''.

                                PURPOSE

    The purpose of S. 241, as ordered reported, is to designate 
the 13,420-acre Cerro del Yuta Wilderness and 8,000-acre Rio 
San Antonio Wilderness within the Rio Grande del Norte National 
Monument in New Mexico.

                          BACKGROUND AND NEED

    On March 25, 2013, President Obama established the Rio 
Grande del Norte National Monument by Presidential 
proclamation. The Rio Grande del Norte National Monument 
encompasses approximately 242,555 acres and 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. Between these 
mountains is the Rio Grande Wild & Scenic River gorge.
    As introduced, S. 241 would have designated a national 
conservation area including approximately the same lands 
covered by the national monument designation. The legislation 
also designated two wilderness areas within the proposed 
national conservation area, the 13,420-acre Cerro del Yuta 
Wilderness and the 8,000-acre Rio San Antonio Wilderness. These 
areas 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--and are currently administered as a 
Wilderness Study Areas.
    Since wilderness areas may only be designated by an Act of 
Congress, legislation is necessary to designate Rio San Antonio 
Wilderness and Cerro del Yuta Wilderness within the Rio Grande 
del Norte National Monument.

                          LEGISLATIVE HISTORY

    S. 241 was introduced by Senators Udall of New Mexico and 
Heinrich on February 7, 2013. The Subcommittee on Public Lands, 
Forests, and Mining held a hearing on the bill on April 25, 
2013. At its business meeting on May 16, 2013, the Committee 
ordered S. 241 favorably reported with an amendment in the 
nature of a substitute.
    In the 112th Congress, the Committee held a hearing on S. 
667 on March 29, 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 (S. Rept. 112-113).

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by majority vote of a 
quorum present, recommends that the Senate pass S. 241, if 
amended as described herein.
    The rollcall vote on reporting the measure was 15 yeas, 7 
nays as follows:

------------------------------------------------------------------------
                Yeas                                 Nays
------------------------------------------------------------------------
Mr. Wyden                            Ms. Murkowski
Mr. Johnson                          Mr. Barrasso
Ms. Landrieu                         Mr. Risch
Ms. Cantwell                         Mr. Lee*
Mr. Sanders*                         Mr. Flake
Ms. Stabenow                         Mr. Scott
Mr. Udall*                           Mr. Hoeven
Mr. Franken
Mr. Manchin
Mr. Coons*
Mr. Schatz
Mr. Heinrich
Mr. Heller*
Mr. Alexander
Mr. Portman*
------------------------------------------------------------------------
*Indicates vote by proxy.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 241, the Committee adopted 
an amendment in the nature of a substitute. As originally 
introduced, S. 241 would have established the Rio Grande del 
Norte National Conservation Area and would have designated 
wilderness areas within the conservation area. The Rio Grande 
del Norte National Monument was established by Presidential 
Proclamation 8946 on March 25, 2013 (78 FR 18783). With the 
establishment of the Rio Grande del Norte National Monument, 
the provision in S. 241 establishing the conservation area was 
no longer necessary. However, the substitute amendment retained 
the designation of the two wilderness areas with the monument, 
and made other technical and conforming change. The substitute 
amendment is described in detail in the section-by-section 
analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``Cerros del Norte 
Conservation Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a)(1) designates 13,420 acres of land managed by 
the Bureau of Land Management in Taos County, New Mexico, as 
the Cerro del Yuta wilderness and as a component of National 
Wilderness Preservation System.
    Paragraph (2) designates 8,000 acres of land administered 
by the Bureau of Land Management in Rio Arriba County, New 
Mexico, as the Rio San Antonio wilderness and as component of 
the National Wilderness Preservation System.
    Subsection (b) requires that the wilderness area be 
administered in accordance with the Wilderness Act (16 U.S.C. 
1131 et seq.), except that any reference to the effective date 
of the Wilderness Act shall be considered to be a reference to 
the date of enactment of this act and any reference to the 
Secretary of Agriculture shall be a reference to the Secretary 
of Interior (Secretary).
    Subsection (c) requires that any land or interest in land 
acquired by the United States that is within the boundary of 
the wilderness area become part of the wilderness area and be 
managed in accordance with all applicable laws.
    Subsection (d) authorizes grazing within the wilderness 
area where established prior to the enactment of this Act, in 
accordance with section 4(d)(4) of the Wilderness Act and the 
guidelines set forth in appendix A of the Report of the 
Committee on Insular Affairs to accompany H.R. 2570 of the 
101st Congress (H. Rept. 101-405).
    Subsection (e) clarifies that the Act does not create any 
buffer zones around the wilderness areas and that activities 
outside the wilderness boundaries shall not be precluded by the 
fact they can be seen or heard within the boundary.
    Subsection (f) releases those public lands within the San 
Antonio Wilderness study area not designated as wilderness by 
this Act from the wilderness study provisions of Section 603(c) 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1782(c)).
    Subsection (g) requires that the Secretary file a map and 
legal descriptions of the wilderness areas with the Committee 
on Energy and Natural Resources of the Senate and the Committee 
on Natural Resources of the House of Representatives and that 
the map and legal descriptions be on file and available for 
public inspection in the appropriate offices of the Bureau of 
Land Management.
    Subsection (h) directs the Secretary to manage the 
wilderness areas as components of the National Landscape 
Conservation System.
    Subsection (j) removes any land within the areas designated 
by this Act, except where subject to valid existing rights, 
from entry, appropriation, or disposal under the public lands 
laws, location, entry, and patent under the mining laws, and 
operation of the mineral leasing, mineral materials, and 
geothermal leasing laws.
    Subsection (k) states that nothing in this Act enlarges, 
diminishes, or otherwise modifies any treaty rights.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 241--Cerros del Norte Conservation Act

    S. 241 would designate two parcels of land within the Rio 
Grande del Norte National Monument as wilderness areas. Based 
on information provided by the Bureau of Land Management (BLM), 
CBO estimates that implementing the legislation would have no 
significant impact on the federal budget. Enacting S. 241 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    Under S. 241, about 21,000 acres of federal land would be 
designated as part of the National Wilderness Preservation 
System. BLM, which manages the affected acreage, would be 
required to create new maps for the area. In addition, under 
the bill, the affected lands would not be available for 
developing natural resources but would still be available for 
grazing under existing agreements.
    Because the affected lands are already protected for 
conservation and wilderness values, CBO estimates that 
implementing the bill would have no significant effect on the 
cost of administering the area. We also expect that any costs 
to modify existing maps and other materials would be minimal. 
Finally, because the affected lands currently produce no income 
(and are not expected to do so in the future), we estimate that 
enacting the bill would not affect offsetting receipts.
    S. 241 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    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. 241.
    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. 241, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 241, 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 April 25, 2013, Subcommittee on Public Lands and Forests 
hearing on S. 241 follows:


  statement of jamie connell, acting deputy director, bureau of land 
                 management, department of the interior


    Thank you for the opportunity to testify on S. 241, the Rio 
Grande del Norte National Conservation Area Establishment Act. 
On March 25, 2013, President Obama designated the Rio Grande 
del Norte National Monument on 242,000 acres of land 
administered by the Bureau of Land Management (BLM) in northern 
New Mexico. This designation closely mirrors the National 
Conservation Area (NCA) designation in S. 241. However, section 
4 of S. 241 also includes the designation of two wilderness 
areas within the new Rio Grande del Norte National Monument--
the proposed 13,320-acre Cerro del Yuta Wilderness and 8,000-
acre Rio San Antonio Wilderness. The Department supports the 
designation of these two new wilderness areas.
Background
    The Rio Grande del Norte National Monument lies north of 
Taos on the border with Colorado and straddles New Mexico's 
Taos and Rio Arriba Counties. Rising in stark contrast from the 
monument's broad expanse, the Cerro de la Olla, Cerro San 
Antonio, and Cerro del Yuta volcanic cones provide visible 
reminders of the area's volatile past. Between these mountains, 
the dramatic gorge of the Rio Grande Wild & Scenic River is 
carved into the landscape, revealing the dark basalt beneath 
the surface of the Taos plateau.
    The proposed Cerro del Yuta Wilderness has at its 
centerpiece a symmetrical volcanic dome soaring to over 10,000 
feet in altitude. Covered by ponderosa, Douglas fir, aspen, and 
spruce on the north side, and pinyon and juniper on the south 
side, the mountain provides important habitat for wildlife, 
including the herds of elk that draw hunters to the area. The 
volcanic dome provides an outstanding opportunity for peak 
climbing and the forested slopes create a strong sense of 
solitude.
    The proposed Rio San Antonio Wilderness consists of a flat 
plain bisected by the Rio San Antonio. This grassland plain is 
dotted with occasional juniper, while the river sits two-
hundred feet below the surface of the plateau at the bottom of 
a rugged gorge, the depths of which provide a microclimate for 
riparian vegetation, Douglas fir, and spruce. Visitors can find 
outstanding opportunities for solitude as they explore the 
gorge, which abruptly drops out of sight from the rest of the 
area. Protecting these characteristics will help to ensure that 
tourists will continue to visit the area, bringing economic 
benefits to the local community.
S. 241, Section 4
    S. 241 (section 4) designates two wilderness areas on BLM-
managed lands within the new national monument--the proposed 
13,420-acre Cerro del Yuta Wilderness and 8,000-acre Rio San 
Antonio Wilderness. Both of these areas meet the definition of 
wilderness outlined in the Wilderness Act of 1964: they are 
largely untouched by humans, have outstanding opportunities for 
solitude and primitive and unconfined recreation, are over 
5,000 acres in size, and contain important geological, 
biological, and scientific features. We support the designation 
of these areas as wilderness. The BLM would be happy to work 
with the Sponsor and the Committee to create a new map for the 
legislation reflecting both the existing national monument and 
the two proposed wilderness areas.
Conclusion
    President Obama's designation of the Rio Grande del Norte 
National Monument was a tribute to both the area's 
extraordinary value and the steadfast support for protecting 
this magnificent place. The Department supports S. 241 in its 
designation of some of the new national monument's wildest 
lands as wilderness.

                        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. 241, as ordered 
reported.

                                  
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