[Senate Report 118-54]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 126
118th Congress       }                                  {       Report
                                 SENATE
 1st Session         }                                  {       118-54

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



 
                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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