[Senate Report 118-196]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 443
118th Congress     }                                     {     Report
                                 SENATE
 2d Session        }                                     {     118-196

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



 
                     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]