59–010 

Calendar No. 38 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–13 

FORT STANTON-SNOWY RIVER CAVE NATIONAL 

CONSERVATION AREA ACT 

FEBRUARY 15, 2007.—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. 260] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 260) to establish the Fort Stanton-Snowy River 

Cave National Conservation Area, having considered the same, reports favorably thereon without amendment and recommends that 

the bill do pass. 

The amendment is as follows: 

On page 2, line 21, strike ‘‘November 2005’’ and insert ‘‘January 

25, 2007’’. 

PURPOSE

The purpose of S. 260 is to establish the Fort Stanton-Snowy 

River Cave National Conservation Area in Lincoln County, New 

Mexico, to secure, protect, and conserve the Snowy River cave system for scientific, educational, and other appropriate public uses. 

BACKGROUND AND NEED

Exploration of the Fort Stanton cave network in Lincoln County, 

New Mexico, dates back to at least the 1850s, when troops stationed in the area began visiting the caverns. That exploration continued into the 21st century, and in 2001 led to the discovery by 

Bureau of Land Management volunteers of a two-mile long continuous calcite formation. The Snowy River cave formation is believed 

to be the largest continuous calcite formation in the world. The 

Fort Stanton cave has few secondary formations such as stalactites; 

the one outstanding formation is the Snowy River formation. Water 

originally carved a channel in the clay and gravel, and then evenVerDate Aug 31 2005 01:56 Feb 22, 2007 Jkt 059010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR013.XXX SR013

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tually filled it with brilliant white calcite. In some places, the ceiling soars up to 40 feet; in others it is only 16 inches above the 

floor. The existence of another passage had been suspected for decades. One small passage in Fort Stanton ended where the ceiling 

had collapsed, but there was noticeable air flow from behind it. 

Digging efforts began in the 1970s, but were flooded out for the 

next two decades. 

The new area, counting side passages, runs about 3.5 miles; the 

calcite formation has been mapped at more than 2 miles. Scientists 

have found 12 to 16 types of bacteria that live in a lightless environment that are unknown anywhere else. 

Fort Stanton Cave itself, which was designated a National Natural Landmark in 1975, is open by permit only. The surface area 

overlying the Fort Stanton-Snowy River Cave National Conservation Area established by this legislation lies within the Fort Stanton Area of Critical Environmental Concern. Designation of the underground cave as a National Conservation Area will not diminish 

the protections already in place for the surface area under the Fort 

Stanton Area of Critical Environmental Concern Final Activity 

Plan dated March, 2001. 

LEGISLATIVE HISTORY

S. 260 was introduced by Senators Domenici and Bingaman on 

January 11, 2007. During the 109th Congress, the Committee considered similar legislation, S. 1170, also sponsored by Senators 

Domenici and Bingaman. The Subcommittee on Public Lands and 

Forests held a hearing on S. 1170 on July 20, 2005 (S. Hrg. 109–

157) and the Committee ordered the bill favorably reported on September 28, 2005 (S. Rept. 109–163). 

At the business meeting on January 31, 2007, the Committee on 

Energy and Natural Resources ordered S. 260 to be favorably reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on January 31, 2007, by a unanimous vote of a 

quorum present, recommends that the Senate pass S. 260. 

COMMITTEE AMENDMENT

During the consideration of S. 260, the Committee adopted an 

amendment to reference a new map for the boundary of the National Conservation Area. The new boundary incorporates a small 

addition recommended by the Bureau of Land Management to better protect the cave resources. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Fort Stanton-Snowy River 

Cave National Conservation Area Act.’’

Section 2 defines key terms used in the bill. 

Section 3(a) establishes the Fort Stanton-Snowy River Cave National Conservation Area in Lincoln County, New Mexico (Conservation Area) to secure, protect, and conserve the cave features 

and environs for scientific, educational and other appropriate public uses. 


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Subsection (b) defines the conservation area’s boundary to include the surface and subsurface area needed to protect and provide access to the cave. 

Subsection (c) directs the Secretary of the Interior (Secretary) to 

develop a map and legal description of the Conservation Area and 

make it available to the public as soon as practicable after the date 

of enactment. 

Section 4(a) directs the Secretary to administer the Conservation 

Area in accordance with the laws and regulations applicable to 

public land and the Conservation Area’s management plan. The 

Secretary is to administer the Conservation Area in a manner that 

conserves, protects, and enhances the resources and values of the 

Conservation Area, consistent with the purposes described in section 3(a) and in accordance with the Fort Stanton Area of Critical 

Environmental Concern Final Activity Plan. 

Subsection (b) withdraws the Conservation Area, subject to valid 

existing rights, from land disposal, location, entry, and patent 

under mining and geothermal leasing laws. 

Subsection (c) directs the Secretary to develop a management 

plan for the Conservation Area within two years after enactment 

and states the purposes of the plan. 

Subsection (d) states that the Conservation Area shall not have 

a protective buffer zone or limit land uses or activities outside the 

Area or on the surface lands above it. 

Subsection (e) authorizes the Secretary to establish research facilities to conduct scientific research and to interpret historical, cultural, archaeological, natural, and educational resources of the 

Conservation Area. 

Subsection (f) directs that nothing in the Act constitutes an expressed or implied reservation of any water right. 

Section 5 authorizes the appropriation of such sums as may be 

necessary to carry out the Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 260—Fort Stanton-Snowy River Cave National Conservation 

Area Act 

S. 260 would establish the Fort Stanton-Snowy River Cave National Conservation Area on federal land in Lincoln County, New 

Mexico. Subject to valid existing rights, the bill would withdraw 

land within the proposed conservation area from programs to develop natural resources. The bill would direct the Secretary of the 

Interior to develop a plan to manage that area and would authorize 

the Secretary to establish research centers and visitor facilities 

pursuant to that plan. 

Based on information from the Bureau of Land Management, 

CBO estimates that S. 260 would not significantly affect the federal 

budget. According to the agency, the affected land currently generates no significant receipts and is not expected to do so over the 

next 10 years. Therefore, we estimate that the proposed withdrawal would not significantly affect offsetting receipts (a credit 

against direct spending). We further estimate that any costs incurred to develop a management plan for the area or to construct 


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new facilities would not exceed $500,000 in any year, subject to the 

availability of appropriated funds. Enacting S. 260 would not affect 

revenues. 

S. 260 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 Megan Carroll. This 

estimate was approved by Peter H. Fontaine, 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. 260. 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. 260, as ordered reported. 

EXECUTIVE COMMUNICATIONS

Because S. 260 is similar to legislation considered during the 

109th Congress, the Committee did not request Executive Agency 

views. The testimony provided by the Bureau of Land Management 

at the subcommittee hearing on S. 1170 on July 20, 2005 follows: 

STATEMENT OF LAWRENCE E. BENNA, DEPUTY DIRECTOR, 

OPERATIONS, BUREAU OF LAND MANAGEMENT

Thank you for the opportunity to testify in support of S. 

1170, the Fort Stanton-Snowy River National Cave Conservation Area Act. This new discovery is both exciting 

and awe-inspiring. Our responsibility, as emphasized in 

the legislation, is to protect the special scientific values of 

this new discovery. As Senator Domenici stated upon introduction of his legislation, this new discovery ‘‘can only 

be described as magnificent.’’ We agree completely. 

Background 

The first documented exploration of the Fort Stanton 

Cave in south central New Mexico was in the mid-19th 

century, although there is evidence that native peoples 

previously explored its environs. This cave system has 

been extensively explored and is opened, on a permitted 

basis, to the public. Scout troops, amateur cavers (cave explorers) and the general public have explored this cave for 

years. Also, for many years volunteer groups of scientists, 

cavers and other professionals working in conjunction with 

the Bureau of Land Management (BLM) have been searching the Fort Stanton Cave system for additional passages 

that would expand the known cave system. In 2001, they 

confirmed a new passage into a previously unknown expansion of the cave system; public disclosure was delayed 


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until just two months ago in order to ensure protection of 

the unique cave ecosystem. This initial discovery was 

spearheaded by BLM volunteers John Corcoran, Lloyd 

Swartz, John Mclean, Don Becker, and Andrew Grieco. 

Following the discovery, a careful, systematic and scientific process of exploration of the expanded cave system 

began. Cavers have their own protocols to assure documented and scientific exploration of virgin passages. The 

first rule is to do no harm and proceed with caution. On 

discovery of a new extraordinary expansion of the cave system complex, while human instinct would compel us to 

charge forward, for cavers the imperative is to stop. Caves 

are fragile ecosystems and their wonders can be easily and 

unintentionally destroyed. Fighting against human instinct, they stopped and they studied before they proceeded. The rewards they have reaped have been numerous. 

As they began their systematic and scientific search of 

the cave, they were careful to keep all contact with the 

non-cave world at bay. Entering the Snowy River Cave 

complex involves a 600-yard crawl through spaces no larger than 10 inches high. Upon arrival, all dirty clothes are 

changed and clean jumpsuits and shoes are then worn. No 

outside substances are brought into the cave and airflow 

is restricted so as not to contaminate or depressurize the 

cave environment. 

Exploration of the Snowy River complex will be a slow 

and thoughtful process. The complex includes ‘‘Snowy 

River’’ of calcium carbonate (calcite) that runs at least two 

miles through the base of the cave. To our knowledge, this 

is a unique phenomenon probably caused by an ancient 

slow moving river which over centuries dissolved the calcite from the surrounding stone and re-deposited it as a 

snowy carpet down the length of the cave. 

We are making additional exceptional discoveries 

throughout the cave. The BLM is partnering with the caving community, scientific community, and local universities to ensure that the cave’s mysteries and resources are 

properly treated, studied and analyzed. Dr. Penny Boston, 

the Director of the Cave and Karst Studies program at 

New Mexico Tech indicates that 16 organisms have been 

isolated to date from the cave that are unique and may 

exist nowhere else in the world. These organisms appear 

to survive by eating rock. This discovery lends itself to possible practical applications in the field of pharmaceuticals. 

The BLM is committed to continuing these and other 

partnerships to explore fully the Snowy River Cave system. To date, over two miles of the system has been 

mapped. The full extent of the system has not been determined, but the scientists and cavers tell us that they expect many more miles of cave passages are left to be explored. In addition, there are also numerous other caves 

within the Fort Stanton area which contain significant cultural resources now under study. 


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S. 1170 

The legislation before the Committee today would create 

the first conservation area dedicated to protecting cave resources. Its goal is to ‘‘secure, protect, and conserve’’ the 

Fort Stanton-Snowy River cave system. We strongly support those goals and the legislation to implement them. We 

would like the opportunity to work with Senators Domenici and Bingaman and the Committee staff to modify S. 

1170 to improve management of the area to offer a number 

of technical refinements of the bill. 

Each of the National Conservation Areas (NCAs) designated by Congress and managed by the BLM is unique. 

However, for the most part they have certain critical elements, these include: public land, mining, and mineral 

leasing law withdrawal, OHV use limitations, and language which charges the Secretary to allow only those uses 

that further the purposes for which the NCA is established. Furthermore, NCA proposals do not diminish the 

protections that currently apply to the lands. The Fort 

Stanton-Snowy River NCA proposal largely honors this 

spirit and we would like the opportunity to work with the 

sponsors to further develop appropriate protections. 

This NCA proposal is unique because of the unusual 

subterranean nature of the lands to be protected. Because 

the area is located within the old Fort Stanton military 

reservation (withdrawal revoked in 1956) the BLM already 

has some protections in place. It lies within both the Fort 

Stanton Area of Critical Environmental Concern (ACEC) 

and the 24,000 acre Fort Stanton Recreation Area. The 

current uses of the area which are largely recreational are 

compatible with the protections envisioned by the legislation. 

At the same time, the world class nature of this discovery demands further protections as noted in S. 1170. 

We would like to work with the Committee to further clarify those protections and the area to be covered. Inclusion 

of surface as well as subsurface is important. While in 

many places the cave system is 60 to 100 feet below the 

ground, in other places tree roots have been observed suggesting a close proximity to the surface. Some surface activities could affect the cave environment if safeguards are 

not in place. We believe it is important to draw some line 

around the area. Initial estimates are that an area of 

about 10,000 acres would likely cover the entire cave system which includes other significant caves. The establishment of this NCA would be consistent with the current 

uses of the area. 

Conclusion 

We want to express our deep appreciation to Senators 

Domenici and Bingaman for introducing this legislation to 

protect the important cave resources of the Fort Stanton 

and Snowy River Cave system. These are important resources—scientifically and educationally. We look forward 


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to working cooperatively both with Congress and our many 

partners to see this vision become a reality. 

CHANGES TO 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. 260, as ordered reported. 


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