[Senate Report 117-60]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 257
117th Congress       }                          {               Report
                                 SENATE
 2d Session          }                          {               117-60

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



 
                      BUFFALO TRACT PROTECTION ACT

                                _______
                                

                January 31, 2022.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 180]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 180), to withdraw certain Bureau of Land 
Management land from mineral development, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 180 is to withdraw approximately 4,288 
acres of land in Sandoval County, New Mexico, administered by 
the Bureau of Land Management land from mineral development.

                          BACKGROUND AND NEED

    In 2012, the Bureau of Land Management (BLM) released a 
draft of the new resource management plan (RMP) for BLM lands 
in central New Mexico, which proposed to open four parcels, 
including the Buffalo Tract and Crest of the Montezuma, in 
southern Sandoval County to mineral development, including 
gravel mining. Since the release of the draft plan, some local 
residents and stakeholders have expressed concerns about a 
gravel mine on this land.
    S. 180 would withdraw approximately 4,288 acres 
administered by the BLM near Placitas, New Mexico, from 
location, entry, and patent under the mining laws and 
disposition under the mineral leasing, mineral materials, and 
geothermal leasing laws. In 2019 testimony on a previous 
version of the bill, S. 526 in the 116th Congress, the BLM 
projected that a final environmental impact statement and 
Record of Decision for the RMP would be released by the end of 
the year. Since that time, the planning process has been 
paused.

                          LEGISLATIVE HISTORY

    Senators Heinrich and Lujan introduced S. 180 on February 
2, 2021. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on the bill on October 19, 2021. Representatives 
Stansbury, Leger Fernandez, McNerney, and Huffman introduced an 
identical bill, H.R. 5805, on November 1, 2021. H.R. 5805 was 
referred to the House Committee on Natural Resources. No 
further action has been taken.
    In the 116th Congress, Senators Heinrich and Udall 
introduced a similar bill, S. 526, on February 14, 2019. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 526 on May 14, 2019 (S. Hrg. 116-323). The 
Committee ordered the bill favorably reported with an amendment 
in the nature of a substitute by voice vote on December 12, 
2019. Senators Barrasso, Risch, and Lee were recorded as voting 
no.
    In the 115th Congress, Senators Heinrich and Udall 
introduced a similar bill, S. 390, on February 15, 2017. No 
further action was taken. Likewise, during the 114th Congress, 
Senators Heinrich and Udall introduced a similar bill, S. 3221, 
on July 14, 2016. No further action was taken.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 18, 2021, by a majority vote 
of a quorum present, recommends that the Senate pass S. 180.
    The roll call vote on reporting the measure was 13 yeas, 7 
nays as follows:

        YEAS                          NAYS
Mr. Manchin                         Mr. Barrasso
Mr. Wyden                           Mr. Risch*
Ms. Cantwell                        Mr. Lee
Mr. Sanders                         Mr. Lankford
Mr. Heinrich                        Mr. Cassidy
Ms. Hirono                          Mrs. Hyde-Smith*
Mr. King                            Mr. Marshall
Ms. Cortez Masto
Mr. Kelly
Mr. Hickenlooper
Mr. Daines
Ms. Murkowski
Mr. Hoeven*

*Indicates vote by proxy.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title, the ``Buffalo Tract 
Protection Act.''

Section 2. Withdrawal

    Subsection (a) withdraws the Federal land described in 
subsection (b) from location, entry, and patent under the 
mining laws and from disposition under the mineral leasing, 
mineral materials, and geothermal leasing laws.
    Subsection (b) describes the Federal lands to be withdrawn, 
as generally depicted on the referenced map.
    Subsection (c) clarifies that nothing in this section 
prohibits the Secretary of the Interior from conveying the 
surface estate of the Federal land described in subsection (b) 
in accordance with the Federal Land Policy Management Act (43 
U.S.C. 1071 et seq.) or the Recreation and Public Purposes Act 
(43 U.S.C. 869 et seq.), subject to the reservation of the 
mineral estate.

                   COST AND BUDGETARY CONSIDERATIONS

    The Congressional Budget Office has not estimated the cost 
of S. 180 as passed by the Senate. The Committee has requested, 
but has not yet received, the Congressional Budget Office's 
estimate of the cost of S. 180 as ordered reported. When the 
Congressional Budget Office completes its cost estimate, it 
will be posted on the Internet at www.cbo.gov.

                      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. 180. 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. 180, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 180, 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 Department of the Interior at 
the October 19, 2021, hearing on S. 180 follows:

Statement of Steve Feldgus, Ph.D., Deputy Assistant Secretary, Land and 
          Minerals Management, U.S. Department of the Interior

    Thank you for the opportunity to testify on S. 180, the 
Buffalo Tract Protection Act. The bill would withdraw about 
4,200 acres contained in four parcels of public land managed by 
the Bureau of Land Management (BLM) near Placitas, New Mexico, 
from location, entry, and patent under the mining laws; and 
disposition under all laws pertaining to mineral and geothermal 
leasing or mineral materials. S. 180 aligns with the 
Administration's conservation goals, and the BLM supports the 
bill.


                               background


    The lands proposed for withdrawal are located in close 
proximity to Placitas, New Mexico, which is an unincorporated 
area of Sandoval County, just north of Albuquerque. The 
population of the region has grown significantly in recent 
years, raising community concerns about the potential impacts 
of additional gravel mining in the area. The area is used for a 
variety of recreation activities.
    S. 180 identifies the four parcels for withdrawal as tracts 
A (3,127 acres), B (903 acres), C (201 acres), and D (57 
acres). Tract A is referred to as the ``Buffalo Tract'' and is 
used for hiking, off-highway vehicles (OHVs), and recreational 
shooting. The Buffalo Tract contains sand and gravel ridges and 
arroyos with juniper trees, shrubs, and grasses. Approximately 
25 percent of tract A has been mined and reclaimed to date. 
Tract B is known as the ``Crest of Montezuma'' and is 
characterized by moderately steep slopes with pinyon and 
juniper trees intermixed with shrubs and sparse grasses. Tract 
C, which does not have a specific name, is similar in 
topography to the Buffalo Tract and is a common hiking area for 
local community members. Tract D, referred to as ``San 
Francisco,'' is named after the arroyo that runs through it, 
and has terrain similar to that of the Buffalo Tract.


                  s. 180, buffalo tract protection act


    S. 180, the Buffalo Tract Protection Act, would, subject to 
valid existing rights, withdraw four tracts totaling 
approximately 4,200 acres of Federal mineral estate near 
Placitas, New Mexico, from all forms of mineral development 
under all laws pertaining to locatable minerals, mineral 
leasing, or mineral materials. The bill specifies that nothing 
in the act would prevent future conveyance of the surface of 
the withdrawn lands, although the mineral estate would be 
retained by the Federal government.
    The BLM recognizes the importance of locally crafted 
recreation and conservation areas on public lands and waters 
and believes they can yield immense economic benefits. The BLM 
believes the most effective and enduring conservation 
strategies are those reflecting the priorities, needs, and 
perspectives of the families and communities that know, live, 
work, and care for the lands and waters. The BLM is aware that 
local communities, including a Pueblo and residents from 
Placitas and unincorporated Sandoval County, support protection 
of these tracts from future mineral development. The BLM is in 
the process of updating the Rio Puerco Proposed Resource 
Management Plan that has jurisdiction over these covered lands, 
and is committed to ensuring Native American and Hispanic 
community voices are represented in the process.


                               conclusion


    The BLM appreciates the efforts of the sponsor and the 
Subcommittee in advancing this important conservation 
initiative. Thank you again for the opportunity to provide 
testimony in support of S. 180.

                        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 as ordered 
reported.

                                  [all]