59–010 

Calendar No. 53 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–27 

PREHISTORIC TRACKWAYS NATIONAL MONUMENT 

ESTABLISHMENT ACT 

FEBRUARY 16, 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. 275] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 275) to establish the Prehistoric Trackways National Monument in the State of New Mexico, having considered 

the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 4, line 4, strike ‘‘5,367’’ and insert ‘‘5,280’’. 

2. On page 4, line 7, strike ‘‘June 1, 2006’’ and insert ‘‘January 

25, 2007’’. 

3. On page 6, strike lines 3 through 7. 

4. Beginning on page 9, strike line 18 and all that follows 

through page 10, line 4. 

5. On page 10, strike lines 5 through 7 and insert the following: 

‘‘(i) WATER RIGHTS.—Nothing in this Act constitutes an express 

or implied reservation by the United States of any water or water 

rights with respect to the Monument.’’. 

PURPOSE OF THE MEASURE

The purpose of S. 275 is to establish the Prehistoric Trackways 

National Monument near Las Cruces, New Mexico, to provide for 

the protection, scientific investigation, and public interpretation of 

significant Permian fossils and fossilized trackways. 

BACKGROUND AND NEED

S. 275 establishes the Prehistoric Trackways National Monument 

to protect the prehistoric trackways discovered in the Robledo 


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Mountains outside Las Cruces. The trackways are series of fossilized footprints of amphibians, reptiles, and other animals predating the dinosaurs. The trackways are estimated to date back 

more than 280 million years. The site is located on public land administered by the Bureau of Land Management (BLM). 

Las Cruces resident Jerry MacDonald discovered the trackways 

in the late 1980’s. In 1990, Congress enacted legislation (title III 

of Public Law 101–578) directing the BLM to study the trackways 

site to assess the significance of the find and to recommend ways 

to protect the site. In 1994, scientists from the New Mexico Museum of Natural History & Science, the University of Colorado, and 

the Smithsonian Institution completed their study for the BLM 

(Paleozoic Trackways Scientific Study Report, December 15, 1994) 

and documented the significant scientific value of the find. The 

study characterized the site as containing ‘‘the most significant 

Early Permian tracksites’’ in the world. (The Permian period was 

the geologic period immediately preceding the time of the dinosaurs, covering approximately 40 million years and extending back 

290 million years ago). Particularly owing to the quality of the 

specimens and the wide range of animals that had left their imprint there, the study found that the site was of immense scientific 

value. The study concluded, in part, ‘‘[t]he diversity, abundance 

and quality of the tracks in the Robledo Mountains is far greater 

than at any other known tracksite or aggregation of tracksites. Because of this, the Robledo tracks allow a wide range of scientific 

problems regarding late Paleozoic tracks to be solved that could not 

be solved before.’’

The bill would create a national monument of approximately 

5,280 acres of BLM land and would encompass all of the significant 

trackway sites identified to date. The BLM would be directed to 

manage the monument to protect the trackways and to allow only 

other uses consistent with that mission. The bill also directs the 

Secretary of the Interior to provide for public education of the 

monument’s paleontological resources, with priority given to exhibiting the resources in Don ̃ a Ana County. 

LEGISLATIVE HISTORY

Senators Bingaman and Domenici introduced S. 275 on January 

11, 2007. The Committee considered similar legislation in the 

109th Congress, S. 3599, also sponsored by Senators Bingaman and 

Domenici. The Committee held a hearing on S. 3599 on September 

27, 2006. No further action occurred during the 109th Congress. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on January 31, 2007, by voice vote of a 

quorum present, recommends that the Senate pass S. 275, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During the consideration of S. 275, the Committee adopted several clarifying amendments. The bill ordered reported by the Committee reflects a minor boundary adjustment to the national monuVerDate Aug 31 2005 01:49 Feb 21, 2007 Jkt 059010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR027.XXX SR027

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ment boundary to exclude approximately 90 acres along the southern boundary where a mineral materials site is located. 

Amendment 1 reduces the acreage reference in the bill to reflect 

that adjustment. 

Amendment 2 references the revised national monument boundary map. 

Amendment 3 deletes paragraph 5(a)(3), which directed the Secretary of the Interior to manage public lands (administered by the 

Bureau of Land Management) adjacent to the monument in a manner that is consistent with the protection of the resources and values of the monument. The Committee approved the deletion of this 

language to avoid ambiguity it could create about BLM’s management of nearby activities authorized under existing authorities. 

However, deletion of this paragraph should not be interpreted as 

a lessening of the BLM’s responsibility to ensure that the monument’s resources are protected. 

Paragraph 5(a)(3) was intended to address an issue raised by the 

operation of a rock quarry known as Community Pit No. 1, which 

is located immediately adjacent to the monument’s eastern boundary, surrounded on three sides by monument lands. The BLM’s 

1994 Paleontological Trackways Scientific Study Report identified 

continued quarrying operations as a significant threat to trackway 

resources, and recommended closure or relocation of the quarry. 

Despite that recommendation, quarry operations continued, and an 

environmental assessment prepared by the BLM in 2005 found 

that four of the trackway sites identified in the 1994 study had 

been covered by spoil from the quarry. 

The Committee understands that the BLM will begin phasing 

out excavation activities at the quarry. In the interim, the Committee expects the BLM to ensure that activities at the quarry are 

conducted in a manner that is compatible with the designation of 

the national monument and the protection of its resources. 

Amendment 4 deletes subsection 5(i), which clarified that designation of the monument did not affect the responsibilities of the 

State of New Mexico with respect to fish and wildlife management, 

while authorizing the Secretary of the Interior, in consultation with 

the State, to designate zones where, and establish periods when, 

hunting would not be allowed within the monument. The Committee views this subsection as unnecessary, since the State of New 

Mexico is responsible for the management of fish and wildlife within the State, a responsibility that is not altered by the designation 

of the monument. Furthermore, under its existing authorities, the 

BLM is able to close public lands for various reasons, including the 

health and safety of the public. This authority would continue to 

apply to public lands within the national monument and allow the 

agency to ensure that hunting does not occur in inappropriate 

areas, such as near public campgrounds or areas of high public use. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Prehistoric Trackways National Monument Establishment Act’’. 

Section 2 defines key terms used in the bill. 

Section 3 contains Congressional findings. 

Section 4(a) establishes the Prehistoric Trackways National 

Monument and designates the purposes of the monument. 


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Subsection (b) references the map and gives a general description 

of the monument. 

Subsection (c) requires the Secretary of the Interior (Secretary) 

to produce a map of the monument and make it available for public 

inspection at the appropriate BLM offices. 

Subsection (d) authorizes the Secretary to make minor boundary 

adjustments to include additional paleontological resources discovered on adjacent public lands. 

Section 5(a) requires the Secretary to manage the monument, as 

a part of the National Landscape Conservation System, in a manner that conserves, protects, and enhances the resources and values cited in the bill and in accordance with the Federal Land Policy 

and Management Act of 1976 and other applicable law. 

Subsection (b) requires the Secretary to produce a management 

plan for the monument within 3 years of the date of enactment. 

The plan must describe appropriate uses of the monument, allow 

for continued scientific research during the development of the 

plan, and incorporate any decisions or information developed previously or during the pendancy of the plan. 

Subsection (c) limits uses of the monument to those that further 

the purposes of the designation, as outlined in the bill. 

Subsection (d) requires the Secretary to provide for scientific research on and public interpretation of the resources within the 

monument, with a priority given to the local population and scientific community and grants authority to enter into cooperative 

agreements in order to carry out this directive. 

Subsection (e) clarifies that the establishment of the monument 

does not alter the management status of administratively designated areas within the boundaries, and if there is a conflict between this Act and those designations, the more restrictive provision is applied. 

Subsection (f) restricts non-emergency use of motorized vehicles 

to roads and trails designated for such use by the Secretary. The 

Secretary is specifically authorized to permit special recreation 

events, such as the ‘‘Chile Challenge,’’ currently operating within 

the boundaries, so long as there is no harm to the paleontological 

resources. 

Subsection (g) withdraws the mineral and geothermal resources 

from operation under the mining laws. 

Subsection (h) allows the Secretary to continue grazing in areas 

within the monument where it currently is permitted, subject to 

applicable law and regulation. 

Subsection (i) clarifies that the designation of the monument 

shall not act as an express or implied reservation of water rights. 

Section 6 authorizes the appropriation of such sums as are necessary to implement the bill. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office estimate of the costs of this 

measure has been requested but was not received at the time the 

report was filed. When the Congressional Budget Office completes 

its cost estimate, it will be posted on the Internet at www.cbo.gov. 


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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 that would be incurred in carrying out S. 

275. 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. 275. 

EXECUTIVE COMMUNICATIONS

Because S. 275 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. 3599 in the 109th Congress follows: 

STATEMENT OF CHAD CALVERT, PRINCIPAL DEPUTY ASSIST- ANT SECRETARY, LAND AND MINERALS MANAGEMENT, DE- PARTMENT OF THE INTERIOR

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

3599, the Prehistoric Trackways National Monument Establishment Act. We are excited about the discovery of 

these important prehistoric trackways on Bureau of Land 

Management (BLM) managed land in New Mexico and 

agree with Senator Bingaman that we must permanently 

protect these exceptional resources. 

BACKGROUND

The Paleozoic trackways site is located on public land 

managed by the BLM in the Robledo Mountains in southcentral New Mexico. The area is located within a sequence 

of sedimentary rocks representing a transition zone between marine and continental environments that existed 

during the early Permian period (280 million years ago). 

During times of higher sea level, limestone formed. The 

limestones contain a variety of invertebrate fossils. As the 

sea retreated, a tidal flat environment developed and sand, 

silt and clay dominated deposition. The sandy siltstones 

contain a variety of sedimentary structures, including 

raindrop impressions, mudcracks, and ripple laminations. 

These sandy siltstones are known to contain fossil tracks 

of land dwelling vertebrates which roamed New Mexico before the age of the dinosaurs. 

In 1987, Las Cruces resident Jerry MacDonald discovered a major Paleozoic trackways area. Over the next few 

years, other significant sites were also discovered by MacDonald. The resources that have been found in the 

Robledos are considered by scientists who have examined 

them to be the largest, and scientifically, the most important Paleozoic fossil footprint discovery ever made in the 

western United States and possibly the world. The 


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trackways are extremely diverse and varied, and appear to 

represent a very broad spectrum of ancient animal life; including the 11 foot long, fin-backed Dimetrodon and the 

big headed amphibian Batrachichnus, as well as other reptiles, amphibians, insects and other invertebrates. They 

also represent not just an occasional footprint, but entire 

trackways where different animals had left a record of activity. This is considered the best locality in the world for 

early Permian tetrapod trackways. 

In 1990, the Congress passed legislation sponsored by 

Senator Bingaman along with Senator Domenici and Representative Skeen which withdrew 736 acres around the 

trackway site and called for a study of the area. In 1993, 

the BLM using its resource management planning process 

designated 720 acres as a Research Natural Area (RNA). 

The study was completed in 1994 and gave a range of alternatives for protection, most of which were implemented, 

including an agreement BLM initiated with the New Mexico Museum of Natural History and Science to ensure professional curation of fossils. The Museum holds the largest 

collection of these important fossils to allow for scientific 

study and interpretation from around the world. In fact, 

the public is not able to access the collection on the Museum’s website. As part of the BLM’s ongoing planning process, additional protections for the area are being considered. 

Jerry MacDonald’s excavation and collection of material 

from the trackways site is now preserved in the New Mexico Museum of Natural History and Science, the Carnegie 

Museum, the Smithsonian, the Los Angles County Museum, and the City of Las Cruces Natural History Museum. 

S. 3599

The legislation before the Committee today would designate 5,367 acres of public land in Don ̃ a Ana County as 

the Prehistoric Trackways National Monument. The legislation’s stated goal is to conserve, protect, and enhance the 

unique and nationally important paleontological, scientific, 

educational, scenic, and recreational resources and values 

of the area. We strongly support those goals and legislation to implement them. We would like the opportunity to 

work with Senator Bingaman, as well as Senator Domenici 

and the Committee staff, on amendments which we believe 

can improve the legislation. 

Section 5(a)(3) of the bill directs the BLM to ‘‘manage 

public land adjacent to the Monument in a manner that is 

consistent with the protection of the resources and values 

of the monument.’’ The intent of this provision is not clear, 

and it is not clear how the BLM would implement it. In 

addition, we would encourage the sponsor and the Committee to include within the monument boundaries all public lands intended for protection without setting up de 

facto buffer zones. 


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Section 5(d) of the bill gives priority to exhibiting and 

curating the resources from the monument in Don ̃ a Ana 

County, New Mexico. Many, if not most, of the significant 

specimen resources will remain in situ for study. Those 

that are removed for scientific purposes deserve the highest level of curation. At this time we are concerned that 

there may not be adequate facilities in Don ̃a Ana County 

for curation at the level afforded by the excellent facility 

at the New Mexico Museum of Natural History and 

Science. It may be preferable for curation to take place at 

the museum in Albuquerque and then exhibition in Don ̃ a 

Ana County. 

The legislation in section 5(g) withdraws the area from 

the land, mining, mineral leasing and minerals materials 

laws. We generally support this withdrawal in order to 

protect the important paleontological resources within the 

proposed monument. Within this area is a ten acre site on 

which a mineral materials operation has existed for a 

number of years. Continuation of this operation should not 

interfere with the protection of the resources within the 

monument and there is strong local demand for the rock 

produced from the mine. 

While we strongly support the concept of protecting the 

Prehistoric Trackways, we believe a designation of the 

area as a National Conservation Area (NCA) is more appropriate. The title of ‘‘National Monument’’ may raise the 

expectation of the public that this area is similar to an 

area like the Kasha Katuwe Tent Rocks National Monument. The visual qualities found at Tent Rocks will not be 

replicated at the trackways site. An NCA would provide as 

much as or even more protection for the trackways than 

a National Monument, depending on the legislation written, and may be preferable. 

Finally, we would like to clarify that the BLM does not 

regulate hunting on public lands, but may in some circumstances work cooperatively with the state to limit firearms in particular areas such as campgrounds or active 

excavation sites. 

CONCLUSION

We want to express our deep appreciation to Senator 

Bingaman and Senator Domenici for introducing this legislation to protect the important Paleozoic Trackways in 

south-central New Mexico. It is critical that we protect 

these resources for future generations. We look forward to 

working cooperatively with the Committee to ensure their 

protection. 

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. 275, as ordered reported. 


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