[Senate Report 111-310]
[From the U.S. Government Publishing Office]
Calendar No. 596
111th Congress Report
SENATE
2d Session 111-310
======================================================================
ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS ACT
_______
September 27, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1689]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1689) to designate certain land as
components of the National Wilderness Preservation System and
the National Landscape Conservation System in the State of New
Mexico, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Mountains-Desert Peaks
Wilderness Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area'' means
each of the Organ Mountains National Conservation Area and the
Desert Peaks National Conservation Area established by section
4(a).
(2) Management plan.--The term ``management plan'' means the
management plan for the Conservation Areas developed under
section 4(d).
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) State.--The term ``State'' means the State of New Mexico.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness Preservation
System:
(1) Aden lava flow wilderness.--Certain land administered by
the Bureau of Land Management in Dona Ana County comprising
approximately 27,650 acres, as generally depicted on the map
entitled ``Potrillo Mountains Complex'' and dated May 18, 2010,
which shall be known as the ``Aden Lava Flow Wilderness''.
(2) Broad canyon wilderness.--Certain land administered by
the Bureau of Land Management in Dona Ana County comprising
approximately 13,900 acres, as generally depicted on the map
entitled ``Desert Peaks National Conservation Area'' and dated
May 18, 2010, which shall be known as the ``Broad Canyon
Wilderness''.
(3) Cinder cone wilderness--Certain land administered by the
Bureau of Land Management in Dona Ana County comprising
approximately 16,950 acres, as generally depicted on the map
entitled ``Potrillo Mountains Complex'' and dated May 18, 2010,
which shall be known as the ``Cinder Cone Wilderness''.
(4) Organ mountains wilderness.--Certain land administered by
the Bureau of Land Management in Dona Ana County comprising
approximately 19,400 acres, as generally depicted on the map
entitled ``Organ Mountains National Conservation Area'' and
dated June 22, 2010, which shall be known as the ``Organ
Mountains Wilderness''.
(5) Potrillo mountains wilderness.--Certain land administered
by the Bureau of Land Management in Dona Ana and Luna counties
comprising approximately 125,850 acres, as generally depicted
on the map entitled ``Potrillo Mountains Complex'' and dated
May 18, 2010, which shall be known as the ``Potrillo Mountains
Wilderness''.
(6) Robledo mountains wilderness.--Certain land administered
by the Bureau of Land Management in Dona Ana County comprising
approximately 16,950 acres, as generally depicted on the map
entitled ``Desert Peaks National Conservation Area'' and dated
May 18, 2010, which shall be known as the ``Robledo Mountains
Wilderness''.
(7) Sierra de las uvas wilderness.--Certain land administered
by the Bureau of Land Management in Dona Ana County comprising
approximately 11,100 acres, as generally depicted on the map
entitled ``Desert Peaks National Conservation Area'' and dated
May 18, 2010, which shall be known as the ``Sierra de las Uvas
Wilderness''.
(8) Whitethorn wilderness.--Certain land administered by the
Bureau of Land Management in Dona Ana and Luna counties
comprising approximately 9,600 acres, as generally depicted on
the map entitled ``Potrillo Mountains Complex'' and dated May
18, 2010, which shall be known as the ``Whitethorn
Wilderness''.
(b) Management.--Subject to valid existing rights, the wilderness
areas designated by subsection (a) shall be dministered by the
Secretary in accordance with this Act and the Wilderness Act (16 U.S.C.
1131 et seq.) except that--
(1) any reference in the Wilderness Act to the effective date
of that Act shall be considered to be a reference to the date
of enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary of the Interior.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of a wilderness area
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area within the boundaries
of which the land is located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) 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).
(e) Military Overflights.--Nothing in this section restricts or
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas designated by subsection (a), including
military overflights that can be seen or heard within the
wilderness areas;
(2) the designation of new units of special airspace over the
wilderness areas or wilderness additions designated by this
Act; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions designated
by this Act.
(f) Buffer Zones.--
(1) In general.--Nothing in this section creates a protective
perimeter or buffer zone around any wilderness area designated
by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(g) Permit Authorization.--The Secretary may continue to authorize
the competitive running event permitted from 1970 through 2010 in the
vicinity of the boundaries of the Organ Mountains Wilderness designated
by subsection (a)(4) in a manner compatible with the preservation of
the area as wilderness.
(h) Potential Wilderness Area.--
(1) Robledo mountains potential wilderness area.--
(A) In general.--Certain land administered by the
Bureau of Land Management, comprising approximately 100
acres as generally depicted as ``Potential Wilderness''
on the map entitled ``Desert Peaks National
Conservation Area'' and dated May 18, 2010, is
designated as a potential wilderness area.
(B) Uses.--The Secretary shall permit only such uses
on the land described in subparagraph (A) that were
permitted on the date of enactment of this Act.
(C) Designation as wilderness.--
(i) In general.--On the date on which the
Secretary publishes in the Federal Register the
notice described in clause (ii), the potential
wilderness area designated under subparagraph
(A) shall be--
(I) designated as wilderness and as a
component of the National Wilderness
Preservation System; and
(II) incorporated into the Robledo
Mountains Wilderness designated by
subsection (a)(6).
(ii) Notice.--The notice referred to in
clause (i) is notice that--
(I) the communications site within
the potential wilderness area
designated under subparagraph (A) is no
longer used;
(II) the associated right-of-way is
relinquished or not renewed; and
(III) the conditions in the potential
wilderness area designated by
subparagraph (A) are compatible with
the Wilderness Act (16 U.S.C. 1131 et
seq.).
(i) 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 in Dona Ana County
administered by the Bureau of Land Management not designated as
wilderness by subsection (a)--
(1) has been adequately studied for wilderness designation;
(2) 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
(3) shall be managed in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS.
(a) Establishment.--The following areas in the State are
established as National Conservation Areas:
(1) Organ mountains national conservation area.--Certain land
administered by the Bureau of Land Management in Dona Ana
County comprising approximately 84,950 acres, as generally
depicted on the map entitled ``Organ Mountains National
Conservation Area'' and dated June 22, 2010, which shall be
known as the ``Organ Mountains National Conservation Area''.
(2) Desert peaks national conservation area.--Certain land
administered by the Bureau of Land Management in Dona Ana
County comprising approximately 75,550 acres, as generally
depicted on the map entitled ``Desert Peaks National
Conservation Area'' and dated May 18, 2010, which shall be
known as the ``Desert Peaks National Conservation Area''.
(b) Purposes.--The purposes of the Conservation Areas are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, archaeological, natural,
geological, historical, ecological, watershed, wildlife, educational,
recreational, and scenic resources of the Conservation Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Conservation
Areas--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Areas; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only such
uses of the Conservation Areas that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Areas shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall be
built within the Conservation Areas after the
date of enactment of this Act unless the road
is necessary for public safety or natural
resource protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Areas, where established before
the date of enactment of this Act--
(i) subject to all applicable laws (including
regulations) and Executive orders; and
(ii) consistent with the purposes described
in subsection (b).
(D) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of a
utility right-of-way in existence as of the date of
enactment of this Act through the Organ Mountains
National Conservation Area--
(i) in accordance with--
(I) the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
and
(II) any other applicable law; and
(ii) subject to such terms and conditions as
the Secretary determines to be appropriate.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for each of the Conservation Areas.
(2) Consultation.--The management plans shall be developed in
consultation with--
(A) interested Federal agencies;
(B) State, tribal, and local governments; and
(C) the public.
(3) Considerations.--In preparing and implementing the
management plans, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for
providing access to, and protection for, traditional cultural
and religious sites in the Conservation Areas.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of a Conservation Area
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the Conservation Area within the
boundaries of which the land is located; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Transfer of Administrative Jurisdiction.--On the date of
enactment of this Act, administrative jurisdiction over the
approximately 2,050 acres of land generally depicted as ``Transfer from
DOD to BIM'' on the map entitled ``Organ Mountains National
Conservation Area'' and dated June 22, 2010, shall--
(1) be transferred from the Secretary of Defense to the
Secretary;
(2) become part of the Organ Mountains National Conservation
Area; and
(3) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the Conservation Areas and the wilderness areas
designated by this Act with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Areas
and the wilderness areas designated by this Act shall be administered
as components of the National Landscape Conservation System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establish periods during which, hunting, or fishing shall
not be allowed for reasons of public safety, administration, the
protection for nongame species and their habitats, or public use and
enjoyment.
(d) Withdrawals.--
(1) In general.--Subject to valid existing rights, the
Federal land within the Conservation Areas, the wilderness
areas designated by this Act, and any land or interest in land
that is acquired by the United States in the Conservation Areas
or wilderness areas 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.
(2) Parcel a.--The approximately 1,300 acres of land
generally depicted as ``Parcel A'' on the map entitled ``Organ
Mountains National Conservation Area'' and dated June 22, 2010,
is withdrawn in accordance with paragraph (1), except that the
land is not withdrawn from disposal under the Act of June 14,
1926 (commonly known as the ``Recreation and Public Purposes
Act'') (43 U.S.C. 869 et seq.).
(3) Parcel b.--The approximately 6,500 acres of land
generally depicted as ``Parcel B'' on the map entitled ``Organ
Mountains National Conservation Area'' and dated June 22, 2010,
is withdrawn in accordance with paragraph (1), except that the
land is not withdrawn for purposes of the issuance of oil and
gas pipeline rights-of-way.
SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
Section 2103 of the Omnibus Public Land Management Act of 2009 (16
U.S.C. 431 note; Public Law 111-11; 123 Stat. 1097) is amended by
striking subsection (b) and inserting the following:
``(b) Description of Land.--The Monument shall consist of
approximately 5,750 acres of public land in Dona, Ana County, New
Mexico, as generally depicted on the map entitled `Desert Peaks
National Conservation Area' and dated May 18, 2010.''.
SEC. 7. BORDER SECURITY.
(a) In General.--Nothing in this Act--
(1) prevents the Secretary of Homeland Security from
undertaking law enforcement and border security activities, in
accordance with section 4(c) of the Wilderness Act (16 U.S.C.
1133(c)), within the areas designated as wilderness by this
Act, including the ability to use motorized access within a
wilderness area while in pursuit of a suspect;
(2) affects the 2006 Memorandum of Understanding among the
Department of Homeland Security, the Department of the
Interior, and the Department of Agriculture regarding
cooperative national security and counterterrorism efforts on
Federal land along the borders of the United States; or
(3) prevents the Secretary of Homeland Security from
conducting any low-level overflights over the wilderness areas
designated by this Act that may be necessary for law
enforcement and border security purposes.
(b) Restricted Use Area.--
(1) Withdrawal.--The area identified as ``Restricted Use
Area'' on the map entitled ``Potrillo Mountains Complex'' and
dated May 18, 2010 is withdrawn in accordance with section
5(d)(1).
(2) Administration.--Except as provided in paragraphs (3) and
(4), the Secretary shall administer the area described in
paragraph (1) in a manner that, to the maximum extent
practicable, protects the wilderness character of the area.
(3) Use of motor vehicles.--The use of motor vehicles,
motorized equipment, and mechanical transport shall be
prohibited in the area described in paragraph (1) except as
necessary for--
(A) the administration of the area (including the
conduct of law enforcement and border security
activities in the area); or
(B) grazing uses by authorized permittees.
(4) Effect of subsection.--Nothing in this subsection
precludes the Secretary from allowing within the area described
in paragraph (1) the installation and maintenance of
communication or surveillance infrastructure necessary for law
enforcement or border security activities.
(c) Restricted Route.--The route excluded from the Potrillo
Mountains Wilderness identified as ``Restricted--Administrative
Access'' on the map entitled ``Potrillo Mountains Complex'' and dated
May 18, 2010, shall be--
(1) closed to public access; but
(2) available for administrative and law enforcement uses,
including border security activities.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 1689 is to establish the 84,950-acre
Organ Mountains National Conservation Area, the 75,550-acre
Desert Peaks National Conservation Area, and to designate
approximately 241,400 acres of public land in the State of New
Mexico administered by the Bureau of Land Management as
wilderness.
BACKGROUND AND NEED
S. 1689 would establish the 84,950-acre Organ Mountains
National Conservation Area, the 75,550-acre Desert Peaks
National Conservation Area, and designate as wilderness
approximately 241,400 acres of public land managed by the
Bureau of Land Management (BLM) in Dona Ana County in southern
New Mexico, including the 27,650-acre Aden Lava Flow, 13,900-
acre Broad Canyon, 16,950-acre Cinder Cone, 19,400-acre Organ
Mountains, 125,850-acre Potrillo Mountains, 16,950-acre Robledo
Mountains, 11,100-acre Sierra de las Uvas, and 9,600-acre
Whitethorn wilderness areas.
The wilderness and conservation areas would provide
protection for large expanses of the Chihuahuan Desert
ecosystem, including mountain ranges and grasslands, mesas and
canyons, and lava flows and extinct volcanic cinder cones. The
majority of the proposed wilderness areas are currently managed
by the BLM as Wilderness Study Areas, and the majority of the
Organ Mountains National Conservation Area is currently managed
as an Area of Critical Environmental Concern.
The region provides important wildlife habitat for both
game and sensitive species, and contains a number of
archeological and historical sites, including petroglyphs,
throughout the area. The proposed-Desert Peaks National
Conservation Area lies adjacent to the Prehistoric Trackways
National Monument and may contain similar archeological
resources as the National Monument. The areas designated under
S. 1689 are used by the public for hunting, hiking, and other
recreational activities as well as for grazing purposes. The
surrounding communities also rely on the public lands for their
importance as watersheds and aquifer recharge zones.
LEGISLATIVE HISTORY
S. 1689 was introduced on September 17, 2009 by Senators
Bingaman and Udall of New Mexico. On October 8, 2009, the
Subcommittee on Public Lands and Forests held a legislative
hearing on the bill (S. Hrg. 111-285). On February 15, 2010,
the Committee on Energy and Natural Resources held a field
hearing on S. 1689 in Las Cruces, New Mexico (S. Hrg. 111-384).
At its business meeting on July 21, 2010, the Committee on
Energy and Natural Resources ordered S. 1689 favorably reported
with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on July 21, 2010, by voice vote of a
quorum present, recommends that the Senate pass S. 1689, if
amended as described herein.
COMMITTEE AMENDMENT
During the consideration of S. 1689, the Committee adopted
an amendment in the nature of a substitute. The amendment
updates map references in the bill to reflect the boundary
adjustments to avoid power lines and some roads near the edges
of some of the proposed wilderness areas. Additionally, it
updates other changes made to the designated areas, including
the establishment of a Restricted Use Area south of the
Potrillo Mountains Wilderness near the U.S.-Mexico border. It
also clarifies the permitted uses in the Robledo Mountains
Potential Wilderness Area, and authorizes the permitting of a
long-standing running event in the vicinity of the Organ
Mountains Wilderness.
The amendment also details the authorities of the
Department of Homeland Security with respect to the
designations established by the bill, allows for the location
of oil and gas pipelines through a specified area, south of the
Organ Mountains National Conservation Area, and makes several
other technical and conforming amendments. The amendment is
explained in detail in the section-by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``Organ Mountains-
Desert Peaks Wilderness Act''.
Section 2 defines key terms used in the bill.
Section 3(a) designates public land managed by the Bureau
of Land Management in Dona Ana County as the 27,650-acre Aden
Lava Flow Wilderness, 13,900-acre Broad Canyon Wilderness,
16,950-acre Cinder Cone Wilderness, 19,400-acre Organ Mountains
Wilderness, 125,850-acre Potrillo Mountains Wilderness, 16,950-
acre Robledo Mountains Wilderness, 11,100-acre Sierra de las
Uvas Wilderness, and 9,600-acre Whitethorn Wilderness.
Subsection (b) states that the wilderness areas shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
Subsection (c) states that any land that is acquired within
the boundary of the wilderness areas shall become part of the
wilderness area in which the land is located and managed
accordingly.
Subsection (d) provides for the administration of livestock
grazing in the wilderness areas where established before the
date of enactment of the Act, in accordance with section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the
BLM wilderness grazing guidelines.
Subsection (e) clarifies that nothing in the section
restricts or precludes military overflights, the designation of
special air-space, or military flight training routes over the
wilderness areas.
Subsection (f) states that the designation of the
wilderness areas shall not create a protective perimeter or
buffer zone around the area or limit authorized land uses or
activities outside the wilderness areas.
Subsection (g) authorizes the Secretary of the Interior
(Secretary) to continue to permit the competitive running event
organized by the Mesilla Valley Track Club and continuously
permitted since 1970 in the vicinity of the Organ Mountains
Wilderness.
Subsection (h)(1) designates approximately 100 acres of
public land in the Robledo Mountains as the Robledo Mountains
Potential Wilderness Area. Paragraph (2) states that only those
uses permitted at the time of designation shall be permitted
within the potential wilderness area. Paragraph (3) provides
for the incorporation of the potential wilderness area into the
Robledo Mountains Wilderness area at the time the Secretary
determines that the non-conforming uses within the potential
wilderness area have ceased and the conditions in the area are
compatible with the Wilderness Act.
Subsection (i) releases from Wilderness Study Area status
land within Dona Ana County that is not designated as
wilderness by this Act. Approximately 30,000 acres of public
land in the county will be released from Wilderness Study Area
status, to be managed in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable laws.
Section 4(a) establishes the 84,950-acre Organ Mountains
National Conservation Area and 75,550-acre Desert Peaks
National Conservation Area (Conservation Areas) on public land
within Dona Ana County managed by the Bureau of Land
Management.
Subsection (b) describes the purposes for which the
Conservation Areas are established, which are to conserve,
protect, and enhance the areas' cultural, archaeological,
natural, geological, historical, ecological, watershed,
wildlife, educational, recreational, and scenic resources.
Subsection (c)(1) directs the Secretary to administer the
Conservation Areas in a manner that protects their resources
and in accordance with the laws and regulations applicable to
public land, this Act, and other applicable laws. Paragraph (2)
directs the Secretary to allow only such uses that further the
purposes of the Conservation Area and provides the Secretary
with direction with regard to the management of motorized
vehicles, grazing, and utility right-of-way upgrades.
Subsection (d) requires the Secretary to develop a
management plan for the Conservation Areas within three years
after the date of enactment of the Act. The subsection further
requires the Secretary to develop the management plan in
consultation with state and local governments, tribal
governments, and the public, and to consider the recommendation
of Indian tribes and pueblos with respect to access to and
protection of religious and cultural sites within the
Conservation Areas.
Subsection (e) states that any land that is acquired within
the boundary of either Conservation Area shall become part of
the respective Conservation Area and managed accordingly.
Subsection (f) transfers administrative jurisdiction over
approximately 2,050 acres of land currently part of Fort Bliss
Military Reservation from the Secretary of Defense to the
Secretary and incorporates the land into the Organ Mountains
National Conservation Area to be managed in accordance with
this Act and other applicable laws.
Section 5(a) directs the Secretary to develop a map and
legal description of the Conservation Areas and wilderness
areas and to make it available to the public as soon as
practicable after the date of enactment of this Act.
Subsection (b) states that the Conservation Areas and
wilderness areas shall be administered as components of the
National Landscape Conservation System.
Subsection (c) clarifies that nothing in the Act affects
the State of New Mexico's jurisdiction with respect to fish and
wildlife, except that the Secretary may establish areas where
hunting is not allowed for reasons of public safety,
administration, or public use and enjoyment.
Subsection (d)(1) withdraws, subject to valid existing
rights, the Conservation Areas and wilderness areas from:
Entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and
geothermal leasing laws. Paragraph (2) states that the
approximately 1,300 acres of public land depicted on the map as
``Parcel A'' is withdrawn according to paragraph (1) except
that it is not withdrawn from disposal under the Act of June
14, 1926, commonly known as the ``Recreation and Public
Purposes Act'' (43 U.S.C. 869 et seq.). Paragraph (3) states
that the approximately 6,500 acres of public land depicted on
the map as ``Parcel B'' is withdrawn according to paragraph (1)
except that it is not withdrawn for purposes of the issuance of
oil and gas pipeline rights-of-way.
Section 6 adjusts the boundary of the Prehistoric Trackways
National Monument located in Doa Ana County by
incorporating an additional 470 acres of public land into the
existing Monument boundary.
Section 7(a) clarifies that nothing in the Act: Prevents
the Department of Homeland Security from undertaking law
enforcement and border security activities within the
wilderness areas while in pursuit of a suspect, in accordance
with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)),
including the use of motorized vehicles; affects the 2006
Memorandum of Understanding among the Department of Homeland
Security, the Department of the Interior, and the Department of
Agriculture regarding cooperative national security and
counterterrorism efforts on Federal land along the borders of
the United States; or prevents the Secretary of Homeland
Security from conducting any low-level overflights over the
wilderness areas designated by this Act.
Subsection (b)(1) states that the public land depicted on
the map as ``Restricted Use Area'' is withdrawn in accordance
with section 5(d)(1). Paragraph (2) directs the Secretary to
administer the area in a manner that, to the maximum extent
practicable, protects the wilderness character of the area.
Paragraph (3) prohibits the use of motorized equipment and
mechanical transport within the area except for administration
of the area, including the conduct of law enforcement and
border security activities and grazing uses by authorized
permittees. Paragraph (4) clarifies that the Secretary is not
precluded from allowing the installation and maintenance of
communication or surveillance infrastructure necessary for law
enforcement or border security activities within the Restricted
Use Area.
Subsection (c) excludes the route depicted on the map as
``Restricted--Administrative Access'' from the Potrillo
Mountains Wilderness and closes the route to public access but
provides that it shall remain available for administrative and
law enforcement uses, including border security activities.
Section 8 authorizes the appropriation of such sums as are
necessary to implement the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 1689--Organ Mountains-Desert Peaks Wilderness Act
S. 1689 would change the legal status of about 250,000
acres of federal land in New Mexico. The bill would establish
two National Conservation Areas (NCAs) and eight new wilderness
areas totaling about 240,000 acres. The legislation also would
withdraw about 8,000 acres of Bureau of Land Management (BLM)
land from most disposal, mining or mineral leasing activities;
transfer 2,000 acres of land from the Department of Defense to
BLM for inclusion in one of the NCAs established under the
bill; and expand the Prehistoric Trackways National Monument to
include an additional 470 acres of BLM land. Finally, the bill
would release about 16,000 acres of land from its current
status as a wilderness study area. Because the lands affected
by the legislation are already managed by the federal
government, CBO estimates that any increase in federal costs to
manage those lands would not exceed $500,000 in any year.
S. 1689 could reduce offsetting receipts because it would
no longer allow certain lands to be disposed of or leased.
Therefore pay-as-you-go procedures apply to the legislation.
However, based on information from BLM, CBO estimates that any
reduction in offsetting receipts would be negligible over the
2010-2020 period.
S. 1689 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
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. 1689. 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. 1689.
EXECUTIVE COMMUNICATIONS
The views of the administration were included in testimony
received by the Committee at a hearing on S. 1689, on October
8, 2009.
Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 1689, the Organ Mountains-Desert Peaks Wilderness
Act. The Administration supports S. 1689, which designates two
new National Conservation Areas (NCAs) and eight new wilderness
areas in Dona Ana County, New Mexico. We welcome this
opportunity to enhance protection for some of America's
treasured landscapes.
background
Dona Ana County is many things--the county with the second
highest population in New Mexico; home to Las Cruces, one of
the fastest growing cities in the country; and a land of
amazing beauty. Towering mountain ranges, dramatic deserts, and
fertile valleys characterize this corner of the Land of
Enchantment. The Organ Mountains, east of the city of Las
Cruces, dominate the landscape. Characterized by steep,
angular, barren rock outcroppings, the Organ Mountains rise to
nearly 9,000 feet in elevation and extend for 20 miles, running
generally north and south. This high-desert landscape within
the Chihuahua Desert contains a multitude of biological zones--
mixed desert shrubs and grasslands in the lowlands ascending to
pinon and juniper woodlands, and finally to ponderosa pines at
the highest elevations. Consequently, the area is home to a
high diversity of animal life, including peregrine falcons and
other raptors, as well as mountain lions and other mammals.
Abundant prehistoric cultural sites, dating back 8,000 years,
dot the landscape. The Organ Mountains are a popular recreation
area, with multiple hiking trails, a popular campground, and
opportunities for hunting, mountain biking, and other dispersed
recreation.
On the west side of Las Cruces are the mountain ranges and
peaks of the Robledo Mountains and Sierra de las Uvas, which
make up the Desert Peaks area. These desert landscapes are
characterized by numerous mesas and buttes interspersed with
deep canyons and arroyos. Mule deer, mountain lions, and golden
eagles and other raptors are attracted to this varied
landscape. Prehistoric cultural sites of the classic Mimbres
and El Paso phases are sprinkled throughout this region along
with historic sites associated with more recent settlements.
This area is also home to the unusual Night-blooming Cereus--
seeing the one-night-a-year bloom in its natural surroundings
is a rare delight. Finally, the area provides varied disbursed
recreational opportunities.
To the southwest of Las Cruces, near the Mexican border, is
the Potrillo Mountains Complex. The geologic genesis of these
mountains is different from that of the Organ Mountains and
Desert Peaks area. Cinder cones, volcanic craters, basalt lava
flows, and talus slopes characterize this corner of Dona Ana
County. These lands are famous for their abundant wildlife, and
contain significant fossil resources. A well-preserved giant
ground sloth skeleton, now housed at Yale University, was
discovered in this area. The sheer breadth of these lands and
their open, expansive vistas offer remarkable opportunities for
solitude.
Senator Bingaman and a wide range of local governments,
communities, user groups, conservationists, and Federal
agencies have worked collaboratively to develop this consensus
proposal to protect all of these special areas.
s. 1689
S. 1689 proposes to designate two new NCAs and eight
wilderness areas in Dona Ana County, New Mexico, which would be
included in BLM's National Landscape Conservation System. The
legislation also releases over 16,000 acres from wilderness
study area (WSA) status, transfers land from the Department of
the Defense (DOD) to the BLM for inclusion within an NCA, and
withdraws certain additional lands from disposal, mining, and
mineral leasing.
Section 3 of S. 1689 designates eight wilderness areas
totaling approximately 259,000 acres. The BLM supports the
proposed wilderness designations in S. 1689. We would like the
opportunity to work with the Chairman on minor boundary
modifications for manageability, as well as modifications to
some minor technical provisions.
These new wilderness designations are in three distinct
areas of the county. First, within the proposed Organ Mountains
NCA, 19,400 acres would be designated as the Organ Mountains
Wilderness.
The second area is within the Desert Peaks National
Conservation Area proposed in this legislation. The bill
proposes three designations in this area: Broad Canyon
Wilderness (13,900 acres); Robledo Mountains Wilderness (17,000
acres); and Sierra de las Uvas Wilderness (11,100 acres). These
three areas are within the 33,600-acre Desert Peaks NCA. Within
the Robledo Mountains Wilderness, a small corridor of
approximately 100 acres has been designated as ``potential
wilderness'' by section 3(g) of S. 1689. The lands included in
this potential wilderness contain a communications right-of-
way, and it is our understanding that it is the intention of
the Chairman to allow the continued use of this site by the
current lesses. However, in the event that the communications
right-of-way is relinquished, these lands would be reclaimed
and become part of the wilderness area. We support this
provision.
Finally, the Potrillo Mountains complex in the southwest
corner of Dona Ana County includes: Aden Lava Flow Wilderness
(27,650 acres); Cinder Cone Wilderness (16,950 acres); Potrillo
Mountains Wilderness (143,450 acres); and Whitethorn Wilderness
(9,600 acres). Both the Potrillo Mountains Wilderness and
Whitethorn Wilderness extend into adjacent Luna County. The
legislation releases a substantial swath of land along the
border with Mexico that is currently designated as WSA from WSA
restrictions. The release contemplated by the legislation would
allow greater flexibility for law enforcement along the border.
We support this WSA release.
Two National Conservation Areas are established by section
4 of the legislation--the Organ Mountains NCA and the Desert
Peaks NCA. As noted above, both of these NCAs include proposed
designated wilderness within their boundaries. Each of the NCAs
designated by Congress and managed by the BLM is unique.
However, all NCA designations have certain critical elements in
common, including withdrawal from the public land, mining, and
mineral leasing laws; off-highway vehicle use limitations; and
language that charges the Secretary of the Interior with
allowing only those uses that further the purposes for which
the NCA is established. Furthermore, NCA designations should
not diminish the protections that currently apply to the lands.
Section 4 of the bill honors these principles, and the BLM
supports the designation of both of these NCAs.
Much of the lands proposed for both wilderness and NCA
designations have been historically grazed by domestic
livestock, and grazing continues today. Many of BLM's existing
wilderness areas and NCAs throughout the West are host to
livestock grazing, which is compatible with these designations.
This use will continue within the NCAs and wilderness areas
designated by S. 1689.
Section 4(f) of the bill transfers administrative
jurisdiction of 2,050 acres from DOD to the BLM. These lands,
currently part of the Army's Fort Bliss, would be incorporated
into the Organ Mountains NCA. The lands to be transferred
include the dramatic and scenic Fillmore Canyon as well as the
western slopes of Organ Peak and Ice Canyon. We would welcome
these lands into BLM'S National System of Public Lands, and we
would like to work with the Committee and DOD to ensure that
the transfer is conducted consistent with other DOD land
transfers to BLM.
Section 6 of S. 1689 concerns the recently established
Prehistoric Trackways National Monument, just southeast of the
proposed Desert Peaks NCA, the monument was established in
Title II, Subtitle B of the Omnibus Public Land Act (Public Law
111-11) signed by the President on March 30 of this year.
Section 6 of S. 1689 addresses recent additional discoveries of
280 million-year old reptile, insect, and plant fossils on
adjacent BLM-managed lands by adding 170 acres to the Monument.
The BLM supports this expansion of the Monument.
Section 5(d) of the legislation provides for the withdrawal
of two parcels of BLM-managed lands from the land, mining, and
mineral leasing laws, The parcel designated as ``Parcel A'' is
approximately 1,300 acres of BLM-managed lands on the eastern
outskirts of Las Cruces. This parcel is a popular hiking and
mountain biking site, and provides easy access to the peak of
the Tortugas Mountains. From here, visitors can take in
spectacular views of Las Cruces and the Rio Grande Valley. We
understand that Chairman Bingaman's goal is to ensure that
these lands are preserved for continued recreational use by Las
Cruces residents. The legislation provides for a possible lease
of these lands to governmental or nonprofit agency under the
Recreation and Public Purposes Act. The larger, 6,300 acre
parcel, designated as ``Parcel B,'' lies on the southern end of
the proposed Organ Mountains NCA. It is our understanding that
Chairman Bingaman considered adding this parcel to the NCA
because of important resource values. However, a multitude of
current uses make inclusion of this parcel in the NCA
inconsistent with the purposes established for the NCA.
Therefore, the limited withdrawal of the parcel will better
serve to protect the resources within this area without
negatively affecting the current uses of the area. The BLM
supports the withdrawal of both of these parcels.
Finally, the BLM, along with many partners, has undertaken
restoration efforts on more than one million acres of degraded
landscapes in New Mexico, with the goal of returning
grasslands, woodlands, and riparian areas to their original
healthy conditions. We would like to work with the Chairman to
develop language to support the BLM in implementing appropriate
land restoration activities that will benefit watershed and
wildlife health within these designated areas.
conclusion
Thank you for the opportunity to testify in support of S.
1689. Both the BLM and the Department welcome opportunities to
engage in important discussions such as this that advance the
protection of treasured American landscapes. Passage of this
legislation will ensure that generations of New Mexicans and
all Americans will be able to witness a golden eagle soar over
the Sierra de las Uvas, hike the landmark Organ Mountains, or
hunt in the volcanic outcroppings of the Portrillo Mountains.
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 S. 1689, as
ordered reported.