[Senate Report 118-54]
[From the U.S. Government Publishing Office]
Calendar No. 126
118th Congress } { Report
SENATE
1st Session } { 118-54
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CERRO DE LA OLLA WILDERNESS DESIGNATION
_______
July 11, 2023.--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. 593]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 593), to amend the John D. Dingell, Jr.
Conservation, Management, and Recreation Act to establish the
Cerro de la Olla Wilderness in the Rio Grande del Norte
National Monument and to modify the boundary of the Rio Grande
del Norte National Monument, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
Purpose
The purpose of S. 593 is to establish the Cerro de la Olla
Wilderness in the Rio Grande del Norte National Monument in New
Mexico and to modify the boundary of the Monument.
Background and Need
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. The 252,000-acre national
monument was established by President Obama in 2013 using the
authority of the Antiquities Act. Proclamation 8946, 78 Fed.
Reg. 18783 (Mar. 28, 2013). In 2019, Congress designated two
areas within the monument totaling just over 21,000 acres as
wilderness. Public Law 116-9, sec. 1202.
Cerro de la Olla is a towering shield volcano at an
elevation of 9,475 feet. The upper elevations of the volcano
offer opportunities for solitude and look out over the Sangre
de Cristo and San Juan Mountains, and the Rio Grande Gorge.
The wilderness areas provide numerous recreational
opportunities, including whitewater rafting, fishing, hiking,
and camping. The areas also support grazing and the traditional
collection of firewood and pinon nuts.
Legislative History
S. 593 was introduced by Senators Heinrich and Lujan on
March 1, 2023. Similar legislation, S. 177, 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 S. 177 on June 16, 2021. The Committee
ordered S. 177 reported favorably with amendments on May 3,
2022 (S. Rept. 117-151).
In the 116th Congress, Senators Heinrich and Udall
introduced a similar bill, S. 3241, on January 28, 2020. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 3241 on September 16, 2020, but no further action
was taken on the bill.
Committee Reccomendation
The Senate Committee on Energy and Natural Resources, in
open business session on May 17, 2023, by a majority voice vote
of a quorum present, recommends that the Senate pass S. 593.
Senator Lee asked to be recorded as voting no.
Section-by-Section Analysis
Section 1. Short title
Section 1 provides the short title of the bill, the ``Cerro
de la Olla Wilderness Establishment Act.''
Sec. 2. Designation of Cerro de la Olla Wilderness
Subsection (a) amends section 1202 of Public Law 116-9, the
John D. Dingell, Jr. Conservation, Management, and Recreation
Act, by designating approximately 12,898 acres of land
administered by the Bureau of Land Management within the Rio
Grande del Norte National Monument in New Mexico as the Cerro
de la Olla Wilderness.
The subsection also states that the Secretary may authorize
the maintenance of structures or facilities for wildlife water
development projects in the wilderness area if the structures
or facilities enhance wilderness values by promoting healthy,
viable, and more naturally distributed wildlife populations and
the visual impacts can be reasonably minimized. Finally, the
Secretary is authorized to enter into a cooperative agreement
with the state of New Mexico to carry out wildlife management
activities in the wilderness area.
This subsection also makes a clerical amendment to the
table of contents reference for section 1202.
Subsection (b) modifies the boundary of the Rio Grande del
Norte National Monument to include approximately 5,000 acres of
additional lands within the boundary of the monument.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 593 would designate roughly 12,900 acres of federal land
in the Rio Grande del Norte National Monument in New Mexico as
wilderness and would modify the boundary of the national
monument.
Based on the costs of similar tasks, CBO estimates that the
cost for the Bureau of Land Management (BLM) to implement S.
593 would be insignificant; any spending would be subject to
the availability of appropriated funds.
Designating land as wilderness would reduce its
availability for income-generating activities; income from such
activities is classified in the budget as offsetting receipts,
or reductions in direct spending. Some of those receipts are
available for BLM to spend without further appropriation. Using
information from the agency, CBO estimates that any receipts
forgone under S. 593 would be insignificant over the 2023-2033
period. Because BLM also would forgo any associated spending,
the net increase in direct spending would be negligible.
The CBO staff contact for this estimate is Lilia Ledezma.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
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. 593. 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. 593, as ordered reported.
Congressionally Directed Spending
S. 593, 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 June 16, 2021, subcommittee hearing on S. 177 follows:
Statement of Nada Wolff Culver, Deputy Director, Policy & Programs,
Bureau of Land Management Senate Energy and Natural Resources Committee
Subcommittee on Public Lands, Forests, and Mining
Thank you for the opportunity to testify on S. 177, the
Cerro de la Olla Wilderness Establishment Act. The bill
designates approximately 13,000 acres within the Rio Grande del
Norte National Monument in New Mexico as the Cerro de la Olla
Wilderness.
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 President's America the Beautiful
initiative specifically emphasizes the value of conserving the
nation's natural resources, recognizing multiple uses of our
lands and waters, including its working lands, can be
consistent with the long-term health and sustainability of
natural systems. S. 177 aligns with the Administration's
conservation goals and the Bureau of Land Management (BLM)
supports the bill.
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. The area is comprised of rugged,
wide open plains at an average elevation of 7,000 feet, dotted
by volcanic cones and cut by steep canyons with rivers tucked
away in their depths. The Cerro de la Olla volcanic cone
provides a visible reminder of the area's volatile past, while
wildlife species--including deer, elk, and pronghorn antelope--
bring both hunters and wildlife watchers to the area. These
lands benefit the public by providing recreational
opportunities, such as whitewater rafting, fishing, hiking, and
camping. Further, the land supports grazing and traditional
collection of firewood and pinon nuts.
s. 177
S. 177 would designate approximately 13,000 acres of land
administered by the BLM as the Cerro de la Olla Wilderness
within the Rio Grande del Norte National Monument. Wilderness
designation would afford these lands the highest level of
protection while continuing to provide recreational
opportunities as well as allow for certain traditional uses.
The BLM appreciates the efforts of the sponsor to support
community access for firewood collection and grazing by
excluding certain lands from the proposed wilderness
designation. The BLM would like to continue working with the
sponsor to ensure the local community can responsibly continue
traditional uses of these public lands.
Additionally, the proposed designation overlaps a
significant portion of the reserve common grazing allotment the
BLM has set aside for the temporary use of permittees displaced
due to wildfire, vegetation treatment, drought and other
issues. Grazing can be a compatible use within wilderness and
there is a history of legislation incorporating guidance for
accommodating grazing within wilderness designations, such as
the Congressional Grazing Guidelines (outlined in H. Rept. 96-
1126 and H. Rept. 101-405). The BLM recommends the addition of
language addressing the unique circumstances of the reserve
common grazing allotment.
The Administration supports collaborative conservation in
all land use planning efforts, including monuments, and BLM
looks forward to working with the local community and
stakeholders as the Committee considers the bill's boundary
modifications to the Monument.
conclusion
Wilderness is a key component of conservation. The Biden
Administration recognizes wilderness is a fundamentally
important part of the American landscape, not only for
practical and scientific values, but also for the beauty,
majesty, and solitude it provides. For example, wilderness
generates significant economic benefits to local communities by
providing recreational opportunities while simultaneously
supporting ecosystem health and biodiversity. The BLM supports
S. 177 and we would welcome the opportunity to work with the
sponsor and the Subcommittee on minor modifications.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 593, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 116-9
AN ACT To provide for the management of the natural resources of the
United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``John D.
Dingell, Jr. Conservation, Management, and Recreation Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
* * * * * * *
TITLE I--PUBLIC LANDS AND FORESTS
* * * * * * *
Subtitle C--Wilderness Designations and Withdrawals
* * * * * * *
PART I--GENERAL PROVISIONS
Sec. 1201. Organ Mountains-Desert Peaks conservation.
[Sec. 1202. Cerro del Yuta and Rio San Antonio Wilderness Areas.] Sec.
1202. Rio Grande del Norte National Monument Wilderness Areas.
* * * * * * *
TITLE I--PUBLIC LANDS AND FORESTS
* * * * * * *
Subtitle C--Wilderness Designations and Withdrawals
* * * * * * *
PART I--GENERAL PROVISIONS
SEC. 1202. [CERO DEL YUTA AND RIO SAN ANTIONO] RIO GRANDE DEL NORTE
NATIONAL MONUMENT WILDERNESS AEAS.
(a) Definitions.--In this section:
[(1) Map.--The term ``map'' means the map entitled
``Rio Grande del Norte National Monument Proposed
Wilderness Areas'' and dated July 28, 2015.]
(1) Map.--The term ``map'' means--
(A) for purposes of subparagraphs (A) and (B)
of subsection (b)(1), the map entitled ``Rio
Grande del Norte National Monument Proposed
Wilderness Areas'' and dated July 28, 2015; and
(B) for purposes of subsection (b)(1)(C), the
map entitled ``Proposed Cerro de la Olla
Wilderness and Rio Grande del Norte National
Monument Boundary'' and dated June 30, 2022.
(2) Wilderness area.--The term ``wilderness area''
means a wilderness area designated by subsection
(b)(1).
(b) Designation of Cerro Del Yuta and Rio San Antonio
Wilderness Areas.--
(1) 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:
(A) 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''.
(B) Rio san antonio wilderness.--Certain land
administered by the Bureau of Land Management
in Rio Arriba County, New Mexico, comprising
approximately 8,120 acres, as generally
depicted on the map, which shall be known as
the ``Rio San Antonio Wilderness''.
(C) Cerro de la olla wilderness.--Certain
Federal land administered by the Bureau of Land
Management in Taos County, New Mexico,
comprising of approximately 12,898 acres as
generally depicted on the map, which shall be
known as the ``Cerro de la Olla Wilderness''.
(2) 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 section, except that with
respect to the wilderness areas designated by this
section--
(A) 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
(B) any reference in the Wilderness Act to
the Secretary of Agriculture shall be
considered to be a reference to the Secretary.
(3) 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--
(A) become part of the wilderness area in
which the land is located; and
(B) be managed in accordance with--
(i) the Wilderness Act (16 U.S.C.
1131 et seq.);
(ii) this section; and
(iii) any other applicable laws.
(4) Grazing.--Grazing of livestock in the wilderness
areas, where established before the date of enactment
of [this Act] this Act (including a reserve common
grazing allotment), shall be administered in accordance
with--
(A) section 4(d)(4) of the Wilderness Act (16
U.S.C. 1133(d)(4)); and
(B) 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).
(5) Buffer zones.--
(A) In general.--Nothing in this section
creates a protective perimeter or buffer zone
around the wilderness areas.
(B) 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.
(6) 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--
(A) has been adequately studied for
wilderness designation;
(B) 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
(C) shall be managed in accordance with this
section.
(7) Maps and legal descriptions.--
(A) In general.--As soon as practicable after
the date of enactment of this Act, the
Secretary shall file the [map and] maps and
legal descriptions of the wilderness areas
with--
(i) the Committee on Energy and
Natural Resources of the Senate; and
(ii) the Committee on Natural
Resources of the House of
Representatives.
(B) Force of law.--The [map and] maps and
legal descriptions filed under subparagraph (A)
shall have the same force and effect as if
included in this section, except that the
Secretary may correct errors in [the legal
description and map] the maps or legal
descriptions.
(C) Public availability.--The [map and] maps
and legal descriptions filed under subparagraph
(A) shall be on file and available for public
inspection in the appropriate offices of the
Bureau of Land Management.
(8) National landscape conservation system.--The
wilderness areas shall be administered as components of
the National Landscape Conservation System.
(9) Fish and Wildlife.--Nothing in this section
affects the jurisdiction of the State of New Mexico
with respect to fish and wildlife located on public
land in the State.
(10) Withdrawals.--Subject to valid existing rights,
any Federal land within the wilderness areas designated
by paragraph (1), 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--
(A) entry, appropriation, or disposal under
the public land laws;
(B) location, entry, and patent under the
mining laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(11) Treaty rights.--Nothing in this section
enlarges, diminishes, or otherwise modifies any treaty
rights.
(12) Wildlife water development projects in cerro de
la olla wilderness.--
(A) In general.--Subject to subparagraph (B)
and in accordance with section 4(c) of the
Wilderness Act (16 U.S.C. 1133(c)), the
Secretary may authorize the maintenance of any
structure or facility in existence on the date
of enactment of this paragraph for wildlife
water development projects (including guzzlers)
in the Cerro de la Olla Wilderness if, as
determined by the Secretary--
(i) the structure or facility would
enhance wilderness values by promoting
healthy, viable, and more naturally
distributed wildlife populations; and
(ii) the visual impacts of the
structure or facility on the Cerro de
la Olla Wilderness can reasonably be
minimized.
(B) Cooperative agreement.--Not later than 1
year after the date of enactment of this
paragraph, the Secretary shall enter into a
cooperative agreement with the State of New
Mexico that specifies, subject to section 4(c)
of the Wilderness Act (16 U.S.C. 1133(c)), the
terms and conditions under which wildlife
management activities in the Cerro de la Olla
Wilderness may be carried out.
* * * * * * *
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