[Senate Report 118-196]
[From the U.S. Government Publishing Office]
Calendar No. 443
118th Congress } { Report
SENATE
2d Session } { 118-196
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PECOS WATERSHED PROTECTION ACT
_______
July 23, 2024.--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. 3033]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3033) to withdraw certain Federal land in
the Pecos Watershed area of the State of New Mexico from
mineral entry, 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. 3033 is to withdraw approximately 176,199
acres of Federal land in the Pecos River Watershed in New
Mexico from the public land laws, and mining, mineral leasing,
and geothermal leasing laws.
BACKGROUND AND NEED
The Pecos River begins in north-central New Mexico and
flows approximately 926 miles south into Texas, where it
empties into the Rio Grande River. More than 20 miles of the
Upper Pecos River and its headwaters near Santa Fe are
designated as a component of the National Wild and Scenic
Rivers System.
S. 3033 would withdraw approximately 164,600 acres of
National Forest System and Bureau of Land Management lands
located in the Upper Pecos Watershed from the public land laws,
and mining, mineral leasing, and geothermal leasing laws.
The area proposed for withdrawal has a history of mining
dating back to the late 19th century. In 1991, a spill of toxic
water from a closed mine killed fish in the river for more than
11 miles. It took decades and millions of dollars to clean up
the spill. S. 3033 would withdraw the Upper Pecos River
watershed for the purposes of protecting the Pecos River and
Upper Pecos River Watershed from negative environmental
impacts.
The bill also designates the 11,600-acre Thompson Creek
Wilderness Area on the Santa Fe National Forest, located
adjacent to the existing Pecos Wilderness.
LEGISLATIVE HISTORY
S. 3033 was introduced by Senators Heinrich and Lujan on
October 4, 2023. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 3033 on October 25, 2023.
Similar legislation, S. 182, was introduced in the 117th
Congress by Senators Heinrich and Lujan on February 2, 2021.
The Subcommittee on Public Lands, Forests, and Mining held a
hearing on June 16, 2021. On May 3, 2022, by a vote of 10-10,
the Committee on Energy and Natural Resources failed to report
S. 182.
A similar bill, S. 4599, was introduced in the 116th
Congress by Senator Heinrich on September 16, 2020. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 4599 on November 18, 2020.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a majority vote
of a quorum present, recommends that the Senate pass S. 3033.
The roll call vote on reporting the measure was 10 yeas and
9 nays, as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch*
Ms. Cantwell Mr. Lee
Mr. Sanders Mr. Daines
Mr. Heinrich Ms. Murkowski
Ms. Hirono Mr. Hoeven*
Mr. King Mr. Cassidy
Ms. Cortez Masto Mrs. Hyde-Smith
Mr. Hickenlooper Mr. Hawley*
Mr. Padilla
*Indicates vote by proxy.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title for the bill, the
``Pecos Watershed Protection Act.''
Section 2. Withdrawal of Federal land in Pecos Watershed area, New
Mexico
Subsection (a) references the map depicting the Federal
land subject to the withdrawal in subsection (b).
Subsection (b), subject to valid existing rights on the
date of enactment of this Act, withdraws approximately 163,000
acres of National Forest System land and approximately 1,600
acres of Bureau of Land Management land, as depicted on the
referenced map in subsection (a), from all forms of entry,
appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral and geothermal leasing or mineral
material laws.
Section 3. Designation of Thompson Peak Wilderness Area, New Mexico
Subsection (a) defines key terms used in section 3.
Subsection (b) designates approximately 11,599 acres of
Federal land in the Santa Fe National Forest, as depicted on
the referenced map, as a component of the National Wilderness
Preservation System, as the ``Thompson Peak Wilderness Area.''
Subsection (c) requires the Secretary of Agriculture, as
soon as practicable after the date of enactment of this Act, to
file a map and legal description of the wilderness area with
the applicable Congressional committees of jurisdiction, and
each shall have the same force and effect as if included in
this Act, except that the Secretary may correct minor errors.
The map and legal description shall be on file and available
for public inspection in the Office of the Chief of the Forest
Service.
Subsection (d), requires the Secretary of Agriculture to
administer the Thompson Peak Wilderness Area (wilderness area),
subject to valid existing rights, in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except any reference
to the date of enactment of that Act shall be considered a
reference to the date of enactment of this Act.
The subsection clarifies that the designation of the
wilderness area does not create a protective perimeter or
buffer zone, and the fact that any non-wilderness activities or
uses outside of the boundary of the wilderness area that can be
seen or heard from within the boundary of the wilderness area
does not preclude the activity or use from occurring outside of
the boundary of the wilderness area.
In accordance with section 4(d)(7) of the Wilderness Act
(16 U.S.C. 1133(d)(7)), nothing in this section affects the
jurisdiction or responsibilities of the State of New Mexico
with respect to fish and wildlife management in the wilderness
area.
The Secretary shall allow the continuation of the grazing
of livestock in the wilderness area if established before the
date of enactment of this Act and in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
guidelines set forth in Appendix A of House Report 101-405
accompanying H.R. 2570 of the 101st Congress. Finally, the
subsection authorizes the Secretary to carry out any measures
determined necessary to control fire, insects, or diseases in
the wilderness area and in accordance with section 4(d)(1) the
Wilderness Act (16 U.S.C. 1133(d)(1)).
Subsection (e) requires any land or interest in land within
the boundaries of the wilderness area that is acquired by the
United States after the date of enactment of this Act be added
to and administered as part of the wilderness area.
Subsection (f) withdraws the wilderness area from all forms
of entry, appropriation, or disposal under the public land
laws; location, entry, and patent under the mining laws; and
disposition under the mineral and geothermal leasing or mineral
material laws, subject to valid existing rights.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office's cost estimate of S. 3033
follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Summary: On December 14, 2023, the Senate Committee on
Energy and Natural Resources ordered reported three bills aimed
at changing the management of certain parcels of federal land.
S. 3033, Pecos Watershed Protection Act: S. 3033 would
withdraw roughly 160,000 acres of federal land in the Pecos
Watershed area of New Mexico from mining, mineral and
geothermal leasing, and other third-party ownership or
possession. The withdrawal would be subject to valid and
existing rights. S. 3033 also would designate approximately
12,000 acres of land that is currently managed by the Forest
Service as a wilderness area.
Basis of estimate: For this estimate, CBO assumes that all
three bills will be enacted in the middle of fiscal year 2024.
Estimated outlays are based on historical patterns for similar
projects and programs.
The costs of the legislation fall within budget function
300 (natural resources and environment).
Direct spending: Using information from the agencies that
currently manage the affected areas, CBO estimates that
enacting the bills would have the following effects on direct
spending:
S. 3033 would decrease offsetting receipts
(which are recorded as reductions in direct spending)
because designating the land as a wilderness area would
limit some activities, such as grazing, that currently
generate receipts to the federal government. Based on
information from the Forest Service, CBO estimates that
the increase in direct spending would be less than
$500,000 over the 2024-2034 period.
Spending subject to appropriation: CBO's estimates of
outlays for programs funded by appropriations are based on
historical spending patterns for similar programs; any spending
under the bills would be subject to the availability of
appropriated funds.
Following alterations to the management of federal land,
agencies must revise maps and boundaries to reflect changes
made to the land's ownership or administration. Based on
information from the managing agencies and costs associated
with similar projects, CBO estimates that implementing the
bills would have the following effects on spending subject to
appropriation:
S. 3033 would cost $3 million over the 2024-
2029 period mostly for the Forest Service to manage the
newly designated wilderness area; the cost to revise
maps and boundaries would not be significant.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting S. 3033 would increase
direct spending by an insignificant amount.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 3033 would increase net direct
spending and on-budget deficits by an insignificant amount in
the four consecutive 10-year periods beginning in 2035.
Mandates: CBO has determined that none of the bills contain
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act.
Estimate prepared by: Federal costs: Emma Uebelhor;
Mandates: Erich Dvorak, Grace Watson.
Estimate reviewed by: Robert Reese, Chief, Natural and
Physical Resources Cost Estimates Unit; Kathleen FitzGerald,
Chief, Public and Private Mandates Unit; H. Samuel Papenfuss,
Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
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. 3033. 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. 3033, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 3033, 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 and
the Forest Service from the Subcommittee on Public Lands,
Forests, and Mining October 25, 2023, hearing on S. 3033
follows:
Statement of Nada Wolff Culver, Principal Deputy Director, Bureau of
Land Management, U.S. Department of the Interior
s. 3033, pecos watershed protection act
S. 3033, the Pecos Watershed Protection Act, would withdraw
approximately 162,762 acres of Federal land located near Pecos,
New Mexico, from entry, appropriation, or disposal under the
public land laws; location, entry, and patent under the mining
laws; and disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials. The bill also
designates the Thompson Peak Wilderness Area on approximately
11,599 acres managed by the USFS in the Santa Fe National
Forest.
The lands proposed for withdrawal include approximately
161,162 acres managed by the USFS and 1,600 acres managed by
the BLM. While the BLM manages the subsurface Federal mineral
estate, it defers to surface management agencies regarding
potential development activities on Federal lands not managed
by the BLM. The BLM defers to USFS regarding the proposed
Thompson Peak Wilderness Area.
On January 27, 2021, President Biden signed Executive Order
14008, Tackling the Climate Crisis at Home and Abroad, which
launched a government-wide effort to confront climate change
and restore balance on public lands and waters. The President's
directive recognizes the opportunities America's lands and
waters offer and outlines a historic and ambitious challenge to
the nation to conserve at least 30 percent of our lands and
waters by 2030. The Executive Order also commits to ensuring
that economic and environmental justice are key considerations
in how we govern. S. 3033 aligns with the Administration's
conservation and environmental justice goals and the BLM
supports the bill.
Background--Upper Pecos Watershed
The Pecos River in northern New Mexico originates in the
Santa Fe National Forest's Pecos Wilderness within the Sangre
de Cristo Mountains. The river flows through a series of
reservoirs and dams for over 926 miles before becoming part of
the Rio Grande in Texas. In 1990, over 20 miles of the Pecos
River were designated for protection under the Wild and Scenic
River Act from its headwaters to the confluence with Holy Ghost
Creek.
The lands proposed for withdrawal under S. 3033 surround
the Village of Pecos, New Mexico, and are within and adjacent
to the Santa Fe National Forest. Approximately 1,600 acres of
BLM-managed lands within the proposed withdrawal area are
managed as multiple use and are not identified for disposal, as
per the BLM's Taos Resource Management Plan. The BLM parcels
included in the bill consist of upland areas containing
juniper, pi on, and Gambel oak. These areas are considered
critical summer range for big game species such as elk. The
area offers abundant recreational activities, including
hunting, fishing, camping, hiking, and off-highway vehicle use,
and includes three active grazing allotments. There are no
active or pending mining claims on the BLM-managed lands. There
is active mineral exploration on mining claims on approximately
3,300 acres within the entire withdrawal area, of which
approximately 1,500 have been located since 1979.
Various local stakeholders have worked together to take an
active role in restoring the Upper Pecos Watershed. In April
2020, a broad coalition of stakeholders, including the New
Mexico Acequia Association, San Miguel County, the Village of
Pecos, the Upper Pecos Watershed Association, and local farmers
submitted a petition to designate the Pecos River and its
tributaries in the Upper Pecos Watershed as Outstanding
National Resource Waters (ONRW) under the Federal Clean Water
Act. This designation would provide the highest level of
protection against degradation that can be afforded for surface
waters under the State of New Mexico's water quality standards,
while allowing traditional agricultural uses.
S. 3033
S. 3033 would withdraw, subject to valid existing rights,
approximately 161,162 acres of USFS-managed lands and
approximately 1,600 acres of BLM-managed lands from operation
of the public land and mining laws, and all laws pertaining to
mineral and geothermal leasing or mineral materials.
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. While the BLM notes S.
3033 would withdraw known mineral resources, we understand the
value of safeguarding the Pecos Watershed for present and
future generations and addressing historic environmental and
economic injustices.
----------
Testimony of Jacqueline Emanuel, Associate Deputy Chief, U.S.
Department of Agriculture Forest Service
Chair Cortez-Masto, Ranking Member Lee, and Members of the
Committee, thank you for the opportunity to present the views
of the U.S. Department of Agriculture (USDA) on several bills
that include provisions related to the USDA Forest Service.
s. 3033, ``pecos watershed protection act''
This bill withdraws identified federal land in the Pecos
River watershed in New Mexico from entry, appropriation, or
disposal under the public land laws, location, entry, and
patent under the mining laws, and disposition under all laws
pertaining to mineral and geothermal leasing or mineral
materials. The area proposed for withdrawal includes
approximately 163,000 acres of National Forest System land and
approximately 1,600 acres of Department of the Interior Bureau
of Land Management land. This proposed withdrawal constitutes
66 percent of the 253,343 acres of watershed depicted outside
of the Pecos Wilderness, Santa Fe National Forest.
The proposed withdrawal would be subject to valid existing
rights, meaning mining and associated activities can continue
within the withdrawn area as long as valid rights were
established at or before the withdrawal and remain valid.
This bill also designates a wilderness area to be known as
the ``Thompson Peak Wilderness Area''. The designation largely
aligns with the Final 2022 Santa Fe National Forest Land
Management Plan Forest Plan.
The Forest Service acknowledges the deep Tribal connection
to this land. We are committed to collaborating with Congress,
Tribes, acequias, local communities, and watershed partners who
value the Pecos Canyon watershed to balance our multiple-use
mission and bolster resilient landscapes and watersheds. The
Forest Service's commitment is evidenced by ongoing Tribal
consultation and site visits to enhance communication, foster
collaboration, and share local knowledge.
USDA supports S. 3033. The bill will enshrine conservation
strategies and policies that preserve public, private, and
Tribal areas into law.
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 S. 3033, as ordered
reported.
[all]