**Statement of**

**Michael Nedd**

**Assistant Director for Mineral, Realty & Resource Protection**

**Bureau of Land Management**

**Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands & Forests**

**S. 1940, Rio Puerco Watershed Management Program Reauthorization Act**

**On**

**September 20, 2007**

Thank you for the opportunity to testify on S.1940, the Rio Puerco
Watershed Management Program Reauthorization Act. The legislation
provides a 10-year reauthorization for the Rio Puerco Management
Committee (RPMC), a collaborative watershed organization established by
Section 401 of the Omnibus Parks and Public Lands Management Act of 1996
(P.L. 104-333). Through the collaborative processes of the RPMC, the BLM
has partnered with Federal, state, and Tribal governments, private
individuals, and environmental organizations, to improve management
practices and protect the long-term sustainability of the watershed. The
legislation also adds the Environmental Protection Agency (EPA) as a
member of the RPMC, formalizing the cooperative role it has played in
these efforts. The BLM strongly supports enactment of S.1940.

The Rio Puerco Watershed, located in west-central New Mexico,
contributes less than 10 percent of the water, but nearly 70 percent of
the silt, to the Rio Grande north of the Elephant Butte Reservoir.
According to the Corps of Engineers, soil erosion within the basin
surpasses that of any other watershed in the country. The New Mexico
Environment Department has classified the Rio Puerco as a Category I
impaired watershed, primarily because of the high levels of
sedimentation.

[RPMC Accomplishments]{.underline}

The RPMC has effectively built on initiatives begun by a locally led
public-private stakeholders group based in Cuba, New Mexico. The RPMC is
a collaborative watershed organization consisting of state, Federal, and
Tribal entities, soil and water conservation districts, representatives
of county government, residents from the rural communities within the
watershed, environmental and conservation groups and the public. It is a
consensus group charged with compiling data and developing best
management practices to reduce erosion, increase native vegetation, and
improve riparian habitat while supporting the watershed's rural,
agrarian, and cultural traditions.

The RPMC and its partners received grants and awards, in part based on
the diversity of entities participating and on its track record in
showcasing how the watershed approach can yield measurable success. The
EPA Administrator identified the RPMC as one of the winners of the 2003
Watershed Initiative grants, with an award of \$700,000. The Rio Puerco
Alliance, a 501(c)3 non-profit organization formed in 2006, received a
grant of \$840,000 in August 2007 for the Targeted Watershed Restoration
Initiative in Torreon Wash. Projects on which the RPMC have worked
collaboratively have received 319 grants from the [New Mexico
Environment Department](http://www.nmenv.state.nm.us/) and the [EPA\'s
Watershed Initiative
Program](http://riopuerco.org/Projects/Watershed_Initiative/).

Among its accomplishments, the RPMC has:

-   launched a community involvement initiative that started with
    listening sessions held in local communities and developed into a
    series of training and demonstration workshops on conservation
    practices;

-   developed a Watershed Restoration Action Strategy, to address
    specific water quality problems.

In cooperation with the New Mexico State Highway and Transportation
Department, the RPMC is redirecting the Rio Puerco from an unstable
artificial 1.1 mile channel to its natural 2.2 miles of meandering
channel. This project is funded through a New Mexico Environment
Department Clean Water Act grant and through assistance from Sandoval
County and the New Mexico Highway and Transportation Department. This
project will reduce approximately 21 tons of sediment that have been
lost annually since the river was diverted.

Through another New Mexico Environment Department Clean Water Act grant,
the RPMC worked with private landowners in two degraded tributaries to
the Rio Puerco to create a showcase water quality improvement project
through erosion control, livestock grazing management, and control of
undesirable vegetation.

The 1996 Act that created the RPMC authorized \$7.5 million over 10
years. The authority expired on November 12, 2006. Prior to its
expiration, the RPMC used this funding to leverage grants for resource
protection and has accepted in-kind contributions for on-the-ground
project work.

[Navajo Youth Projects]{.underline}

In 2007, the BLM, the Navajo Water Resources Department and the State of
New Mexico provided funding for on-the-ground Navajo Youth Projects in
six Chapters of the Eastern Navajo Agency. Through this collaborative
effort, six youth Projects have hired about 100 Navajo youth to
construct erosion control structures on Tribal, BLM, and state lands
within grazing allotments held by the Navajo Nation. The program also
included environmental education training on the concepts of watershed
management. Several leaders of the Navajo Nation have expressed their
conviction that Navajo youth need this important tie back to the land.

Thank you again for the opportunity to testify on S.1940. The
collaborative nature of the Rio Puerco Management Committee has resulted
in successful implementation of activities to restore and protect the
watershed, and the BLM looks forward to continuing this important work.
I would be glad to answer your questions.

**Statement of**

**Michael Nedd**

**Assistant Director for Mineral, Realty & Resource Protection**

**Bureau of Land Management**

**Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands & Forests**

**S. 1143, Jupiter Inlet Lighthouse Outstanding Natural Area Act**

**September 20, 2007**

Thank you for inviting me to testify on S. 1143, the Jupiter Inlet
Lighthouse Outstanding Natural Area Act. The Act would designate the 126
acres, including Jupiter Inlet Lighthouse and the surrounding area, as
an Outstanding Natural Area (ONA) within the Bureau of Land Management's
(BLM) National Landscape Conservation System (NLCS). The Department
supports S. 1143.

**[Background]{.underline}**

The 126-acre site proposed for designation as the Jupiter Inlet
Lighthouse Outstanding Natural Area is an oasis of green in highly
urbanized Palm Beach County, Florida and straddles the borders of the
Village of Tequesta and the Town of Jupiter. The lighthouse, which
stands 156 feet above the surrounding coastline, is the oldest existing
structure in Palm Beach County, dating from 1860. The lighthouse
continues as an active United States Coast Guard aid to maritime
navigation. The Loxahatchee River Historical Society manages portions of
the site through a license and conducts popular tours of the lighthouse.
On the remaining southern portion of the tract, the Town of Jupiter
manages intensive recreation on an 18-acre public park.

Aside from the natural significance of this site, the dynamic
partnerships of the Jupiter Working Group and collaborative
relationships make this site quite unique. The management of the 126
acres rests with six separate entities, BLM, U.S. Coast Guard, Palm
Beach County, Town of Jupiter, Village of Tequesta, and Loxahatchee
River Historical Society. These entities currently work cooperatively
through BLM's Jupiter Inlet Coordinated Resource Management Plan (CRMP)
and the Jupiter Inlet Working Group (working group) to manage the area
as a harmonized unit. For example, Palm Beach County's Department of
Environmental Resources Management has partnered directly with BLM on
habitat improvements, providing matching funds and labor for virtually
all habitat-related projects. One activity was the restoration of
significant scrub and wetland communities within the area. Emphasis was
placed on habitat improvements for the 18 special status species found
within the area, including the removal of thousands of exotic trees and
shrubs along with replanting of native vegetation. This work has
significantly improved the habitat for scrub jays, gopher tortoises and
federally endangered plant species. The working group combined resources
to build an award-winning tidal lagoon and wetland connected to the
Indian River Lagoon, which is one of the most diverse estuaries in the
country. Among the many tools used to improve the habitat are successful
prescribed burns, which reduced fuel loads on this urban tract.

The community involvement at Jupiter Inlet Lighthouse goes beyond the
governmental agencies. For example, the Loxahatchee River Historical
Society actively manages the Jupiter Inlet Lighthouse and grounds, and
provides interpretive tours to tens of thousands of visitors each year.
They have procured grants and worked with the Town of Jupiter to
complete nearly one million dollars in restoration of the Jupiter Inlet
Lighthouse, as well as complete the renovation of a WWII vintage
building that now houses the museum. Additionally, the Jupiter High
School Environmental Resources and Field Studies Academy has donated
thousands of hours of hands-on restoration work within the proposed ONA.

**[S. 1143]{.underline}**

S. 1143 seeks to build on the many successful partnerships already in
place by designating the 126-acre site as the Jupiter Inlet Lighthouse
Outstanding Natural Area within the BLM's NLCS. The bill follows in the
footsteps of the Yaquina Head Outstanding Natural Area along the Oregon
coast established by Congress in 1980. In order to safeguard the
buildings and public lands surrounding the Jupiter Inlet Lighthouse, the
bill provides protections for the area while encouraging and enabling
active community support and involvement.

The Department would like the opportunity to work with Senator Nelson
and the committee on some technical amendments including a correct map
reference and other minor issues.

Thank you for the opportunity to testify in support of S. 1143. I will
be happy to answer any questions.

**Statement of**

**Michael Nedd, Assistant Director**

**Minerals, Realty and Resource Protection**

**Bureau of Land Management**

**Senate Energy and Natural Resources Committee**

**Subcommittee on Public Lands and Forests**

**S. 1377, Southern Nevada Limited Transition Area Act**

**September 20, 2007**

Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to testify on S. 1377, the Southern Nevada Limited
Transition Area Act. S. 1377 would convey without consideration
approximately 502 acres of BLM public lands, defined in the bill as the
"transition area," to the City of Henderson, Nevada, for economic
development adjacent to the Henderson Executive Airport. The BLM
recognizes the extensive residential growth occurring in the City of
Henderson and understands the need for the City to plan land use in such
a way that development around the Henderson Executive Airport is
compatible with the nature of airport operations. During consideration
of similar legislation in the 109^th^ Congress (S. 1056), we raised
several concerns. The BLM greatly appreciates the work of the sponsors
of the bill to address those concerns, as reflected in the text of S.
1377. We support S. 1377 as introduced.

S. 1377 establishes development areas around the Henderson Executive
Airport similar to the Airport Environs Overlay District - otherwise
known as the McCarran Airport Cooperative Management Area (CMA) -
established by the Southern Nevada Public Lands Management Act (SNPLMA),
Public Law 105-263, that ensures compatible development around McCarran
Airport. The public lands proposed for conveyance in S. 1377 are
directly west and south of the Henderson Executive Airport, which is
east of Interstate-15 and north of the Sloan Canyon National
Conservation Area. These lands are within the disposal boundary
established in SNPLMA and have been identified for disposal by the BLM
as part of SNPLMA's land disposal process.

S. 1377 directs the City of Henderson to plan and manage the lands for
nonresidential development, and requires that any development comport
with noise compatibility requirements defined in section 47504 of title
49, United States Code. The bill permits the City of Henderson to sell
any portions of the conveyed lands for nonresidential development
through a competitive bidding process, but for not less than fair market
value, and subject to the noise compatibility requirements. The City of
Henderson may also elect to retain parcels for recreation or other
public purposes consistent with the Recreation and Public Purposes Act.

The revenue generated from any sales of the lands by the City of
Henderson would be distributed consistent with the provisions of Section
4(e)(1) of SNPLMA, which allow for the deposit of 85 percent of the
proceeds from land sales into the Special Account; 10 percent paid
directly to the Southern Nevada Water Authority; and 5 percent paid
directly to the State of Nevada for use in the general education program
of the State.

Again, thank you for the opportunity to work with the sponsors of this
bill in addressing our various concerns, including modifications
relative to the terms and conditions of future land sales by the City of
Henderson; the reversionary language; and the revised map. We support S.
1377 and efforts to appropriately plan for development around the
Henderson Executive Airport.

[]{.mark}

**Statement of**

**Michael Nedd**

**Assistant Director for Mineral, Realty & Resource Protection**

**Bureau of Land Management**

**Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands & Forests**

**S. 1433, Thomas P. O'Hara Public Land Career Opportunity Act**

**September 20, 2007**

Mr. Chairman, thank you for the opportunity to present the views of the
Department of the Interior on S. 1433, a bill to amend the Alaska
National Interest Lands Conservation Act to provide competitive status
to certain federal employees in Alaska.

S. 1433 is named after Thomas P. O'Hara, a National Park Service
employee who was a pilot at Katmai National Park and Preserve. Tom and
an employee of the U.S. Fish and Wildlife Service were on a mission in
the Alaska Peninsula National Wildlife Refuge on December 19, 2002, when
their plane went down. Unfortunately, Tom did not survive the crash.

Tom O'Hara was an experienced pilot with thousands of hours of service,
whose skills benefited the residents of Bristol Bay communities---an
area where Tom grew up and lived. Tom was hired because of a special
local hire program for conservation units in Alaska, which was
authorized by Section 1308 of the Alaska National Interest Lands
Conservation Act (ANILCA). This program allows bureaus in the Department
of the Interior and the Forest Service in the Department of Agriculture
to hire \"any individual who, by reason of having lived or worked in or
near a conservation system unit, has special knowledge or expertise
concerning the natural or cultural resources of such unit....\" These
local individuals may be selected without regard to normal civil service
rules requiring formal training or experience.

The program has been used with great success across Alaska. The
Departments have been administering this program as an excepted service
program meaning that local hire employees are at a disadvantage when
applying for other jobs within Alaska or elsewhere in the country. Some
employees have overcome this disadvantage because of additional formal
education, training or experience. But for others, particularly in
small, remote locations, this transition to competitive status is
difficult.

In discussing this program with the Office of Personnel Management
during the course of the review of S. 1433, the Departments learned that
local hire employees have been mistakenly classified as being outside of
the competitive service. Because ANILCA specifically provides that
veterans preference applies to these positions the positions are by
their nature competitive and local hire employees should have been
classified as being eligible for competitive status.

S. 1433 provides that local hire employees, after two years of
satisfactory service, will be converted to competitive status. There are
many excepted services and positions within the Federal government. The
Office of Personnel Management is rightly concerned about providing a
group of excepted status employees with this benefit which many others
have sought and been denied. However, in this case, it appears these
local hire employees were mistakenly placed into excepted service
status. Therefore we suggest that S. 1433 be amended to direct the
Secretary of the Interior and the Secretary of Agriculture to reclassify
as part of the competitive service those employees hired into permanent
positions pursuant to the local hire provisions of ANILCA and currently
serving in those positions. In addition, provisions should be made for
former local hire employees who were competitively hired and who served
the requisite amount of time in their positions to apply to the
Secretary for competitive status.

This legislation will provide a lasting memorial to the excellent work
of Tom O'Hara and other employees who serve the public with their
expertise and knowledge of Alaska and help preserve our public lands for
others to enjoy. We would be happy to work with the Committee on bill
language that would accomplish our suggested amendments.

Thank you for the opportunity to testify in support of S. 1433. I will
be happy to answer any questions.

**Statement of**

**Michael Nedd, Assistant Director**

**Minerals, Realty and Resource Protection**

**Bureau of Land Management**

**Senate Energy and Natural Resources Committee**

**Subcommittee on Public Lands and Forests**

**S. 1608, Southern Nevada Readiness Center Act**

**September 20, 2007**

Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to testify on S. 1608, the Southern Nevada Readiness Center
Act. S. 1608 would convey without consideration between 35 and 50 acres
of land from Clark County, Nevada, to the Nevada Division of State Lands
for use by the Nevada National Guard for defense and security training.
All right, title, and interest to these lands was conveyed by the BLM to
Clark County, Nevada, in 1999, as directed by Section 4(g) of the
Southern Nevada Public Land Management Act of 1998 (SNPLMA), for
inclusion in the McCarran Airport Cooperative Management Area (CMA).

The CMA was established in 1992 through an agreement between Clark
County and BLM to manage development around McCarran Airport, which
services the greater Las Vegas area. As directed by SNPLMA,
approximately 5,000 acres of public lands was conveyed by the BLM to
Clark County for inclusion in the CMA boundary. SNPLMA requires that
Clark County manage the lands in the CMA in accordance with 49 U.S.C.
47504, relating to airport noise compatibility planning, so that
development in the CMA is compatible with the nature of airport
operations. Further, section (4)(g) of SNPLMA requires that any
conveyance of CMA lands by Clark County be for fair market value, and
the revenue distributed according to the formula outlined in Section
(4)(g) of SNPLMA.

The BLM is mindful that S. 1608 conveys the CMA lands from one public
entity to another for important national defense and security purposes.
In balancing these considerations against the provisions of SNPLMA that
require the sale of CMA lands for fair market value, the BLM supports
the bill and the conveyance of the CMA lands for no consideration.
However, we suggest that the bill be amended to include a provision that
if the State of Nevada ceases to use the lands for the purpose intended
in S. 1608, the lands revert to the County to be managed consistent with
the provisions of SNPLMA.

We also recommend an amendment to correct the acreage identified in S.
1608 from "between 35 and 50 acres" to "approximately 51 acres."

Thank you for the opportunity to testify on S. 1608. We look forward to
working with the sponsor and the Committee on this important piece of
legislation.

**Statement of**

**Michael Nedd**

**Assistant Director for Mineral, Realty & Resource Protection**

**Bureau of Land Management**

**Senate Energy & Natural Resources Committee**

**Subcommittee on Public Lands & Forests**

**S. 1740, North Dakota Enabling Act and First Morrill Act Amendments
Act**

**September 20, 2007**

Mr. Chairman and members of the Subcommittee, thank you for the
opportunity to testify on S. 1740, the North Dakota Enabling Act and
First Morrill Act Amendments Act of 2007.

S. 1740 would amend the Act of February 22, 1889 and the Act of July 2,
1862 to provide for changes to the management and distribution of North
Dakota trust funds into which proceeds from the sale of public land are
deposited. It also includes language providing for Congress' consent to
amendments to the Constitution of North Dakota proposed by House
Concurrent Resolution No. 3037 of the 59^th^ Legislature of the State of
North Dakota and approved by the voters on November 7, 2006. This
resolution requires permanent trust funds to be managed to preserve
their purchasing power, to provide stable distributions to fund
beneficiaries and to benefit fund beneficiaries.

The Office of Legal Counsel of the Department of Justice has advised us
that Congress may amend State enabling acts. As S. 1740 relates to North
Dakota's use of its trust funds, the Administration has no comments on
or objections to the bill.

Thank you for the opportunity to testify.