**Statement of**

**Mitch Butler**

**Assistant Secretary for Fish, Wildlife and Parks**

**U.S. Department of the Interior**

**House Committee on Natural Resources**

**Subcommittee on National Parks, Forests and Public Lands**

**H.R. 3930, Lesser Prairie Chicken National Habitat Preservation Area
Act of 2007**

**April 24, 2008**

Thank you for inviting me to testify on H.R. 3930, the Lesser Prairie
Chicken National Habitat Preservation Area Act of 2007. This legislation
reflects a broad-based effort in New Mexico to conserve the habitat of
the lesser prairie chicken and other species of concern. Representative
Pearce has worked to craft a balanced conservation approach that would
protect crucial wildlife habitat and provide for vital economic
development. We support the resulting legislation with some specific
modifications as described below.

[Background]{.underline}

Southeast New Mexico contains crucial habitat for the lesser prairie
chicken and sand dune lizard, which are both Federal species of concern
and candidates for listing under the Endangered Species Act (ESA). The
sand dune lizard is found only here and adjacent areas of Texas. The
lesser prairie chicken was once widespread and abundant in portions of
Kansas, Colorado, Oklahoma, New Mexico and Texas, but its habitat and
population have declined substantially since the settlement era. Today,
the Sand Ranch, located in Chaves County in southeast New Mexico, is one
of the best remaining strongholds for these birds. The Sand Ranch area
is part of the largest continuous area of publicly-owned lesser prairie
chicken habitat within the bird's historic range.

For over a decade the BLM has been working proactively with diverse
public land users to develop conservation strategies for the lesser
prairie chicken and sand dune lizard. Through this cooperative effort,
the BLM developed a suite of management opportunities and proposals for
conserving the crucial habitats for these species. A key proposal is the
Santa Teresa Land Exchange initiated jointly by the BLM and New Mexico
State Land Office. The land exchange would enhance Federal ownership of
crucial habitat in the Sand Ranch area while at the same time enabling
the State of New Mexico to acquire lands near Las Cruces that are
vitally needed for economic development, including construction of a new
rail yard facility by the Union Pacific Railroad. The BLM is currently
pursuing administrative actions to facilitate the proposed exchange.

[H.R. 3930]{.underline}

Section 4 of H.R. 3930 provides for a land exchange between the United
States and the State of New Mexico. It is our understanding that the
Secretary would convey approximately 7,262 acres of BLM-managed lands in
Dona Ana County in exchange for approximately 14,048 acres of State
lands in Dona Ana and Chaves Counties. The Department supports the
acquisition of the State land because it would consolidate Federal
ownership and management of crucial habitat for the lesser prairie
chicken and sand dune lizard in Chaves County. It would also consolidate
Federal ownership within and adjacent to environmentally important areas
in Dona Ana County, including the Organ/Franklin Mountains Area of
Critical Environmental Concern (ACEC) and the Dona Ana Mountain ACEC. In
addition, the exchange would transfer to the State lands that are
appropriate and needed for commercial, industrial and residential
development.

Not all of the Federal lands included in this exchange are currently
identified for disposal. The BLM in New Mexico, as noted earlier, is
preparing a plan amendment to facilitate the exchange.

While the legislation provides that the exchange is to be conducted in
accordance with the Federal Land Policy and Management Act (FLPMA), as
amended, we would like the opportunity to work with the Sponsor and the
Committee to clarify this provision. Specifically, we wish to ensure
that the exchange would be subject to appraisals completed in accordance
with the Uniform Appraisal Standards for Federal Land Acquisition and
the Uniform Standards of Professional Appraisal Practice. We would also
like to work with the Sponsor to ensure the acreages identified for
exchange are up-to-date.

Section 5 of the bill establishes the Lesser Prairie Chicken National
Habitat Preservation Area (NHPA) in Chaves County. Following completion
of the land exchanges directed in Section 4, the Preservation Area would
contain approximately 39,462 acres of BLM-managed public land. The
Department strongly supports establishment of the NHPA because it will
protect habitat essential for the conservation of the lesser prairie
chicken and sand dune lizard, and it will benefit numerous other species
that rely on the area's unique ecosystem. We would like to work with the
Committee to provide for the possibility of including within the NHPA
additional lesser prairie chicken habitat in nearby areas should future
opportunities arise.

The bill directs that the NHPA be managed to protect, conserve and
enhance the habitat for the lesser prairie chicken and withdraws the
land, subject to valid existing rights, from the public land laws,
mining laws and mineral leasing laws. In addition motorized vehicles are
limited to roads and trails designated for their use.

Section 6(e) specifically provides that grazing within the NHPA is
allowed solely for the purpose of vegetative management to enhance
lesser prairie chicken habitat. There is currently not an authorized
permit for grazing in the area.

The management direction provided in the legislation is consistent with
conserving this critical habitat. Passage of this legislation will allow
the BLM to manage these special status species in a manner that may
preclude the need for future listing under the ESA.

We applaud the foresight and balance in H.R. 3930, and look forward to
working with the Sponsor and Committee to address a few minor issues and
technical amendments.

Thank you for the opportunity to testify. I will be happy to answer any
questions.