19–010 

Calendar No. 275 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–113 

RI ́O GRANDE DEL NORTE NATIONAL CONSERVATION 

AREA ESTABLISHMENT ACT 

JANUARY 13, 2012.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 17, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 667] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 667) to establish the Rı ́o Grande del Norte National Conservation Area in the State of New Mexico, and for other 

purposes, having considered the same, reports favorably thereon 

without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 667 is to establish the approximately 235,980- 

acre Rı ́o Grande del Norte National Conservation Area and to designate the 13,420-acre Cerro del Yuta Wilderness and 8,000-acre 

Rı ́o San Antonio Wilderness in New Mexico. 

BACKGROUND AND NEED

S. 667 would designate the Rı ́o Grande del Norte National Conservation Area, consisting of approximately 235,980 acres of public 

land managed by the Bureau of Land Management in northern 

New Mexico, including two wilderness areas—the 8,000-acre Rı ́o 

San Antonio Wilderness, currently administered as a Wilderness 

Study Area, and the 13,420-acre Cerro del Yuta Wilderness. 

The National Conservation Area contains high mesa sagebrushgrasslands interspersed with extinct volcanic cinder cones covered 

by pin ̃ on-juniper woodlands. It also incorporates the upper reaches 

of the Rı ́o Grande Gorge, previously designated as a Wild and Scenic River. The plateau provides habitat for bighorn sheep, deer, elk, 


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and antelope, as well as several types of raptors that hunt throughout the area, including peregrine falcons, golden eagles, and bald 

eagles. The riparian area along the Rı ́o Grande provides habitat for 

brown trout and the federally-listed endangered southwestern willow flycatcher. 

The National Conservation Area also contains archeological, cultural, and historic resources relating to the settlement of the region 

by both indigenous populations and later by early Hispanic settlers. 

Today, residents and visitors alike use this area for hunting, fishing, river rafting, hiking, and other recreational activities. 

LEGISLATIVE HISTORY

S. 667 was introduced by Senators Bingaman and Udall of New 

Mexico on March 29, 2011. The Subcommittee on Public Lands and 

Forests held a hearing on S. 667 on May 18, 2011 (S. Hrg. 112– 

39). At its business meeting on November 10, 2011, the Committee 

on Energy and Natural Resources ordered S. 667 favorably reported. Senators Risch, Lee and Paul asked to be recorded as opposing the measure. 

During the 111th Congress, the Committee considered similar 

legislation, S. 874, also sponsored by Senators Bingaman and Udall 

of New Mexico. The Committee ordered the bill favorably reported 

with an amendment in the nature of a substitute at its business 

meeting on March 2, 2010 (S. Rept. 111–135). 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on November 10, 2011, by a voice vote of a quorum 

present, recommends that the Senate pass S. 667. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title. 

Section 2 defines key terms used in the bill. 

Section 3(a) establishes the Rı ́o Grande del Norte National Conservation Area (Conservation Area) on approximately 235,980 acres 

of public land managed by the Bureau of Land Management in 

Taos and Rı ́o Arriba counties in the State of New Mexico. No tribal 

land is included within the boundary of the Conservation Area, and 

where the Conservation Area is adjacent to land that is held in 

trust for the Taos Pueblo, the boundary of the Conservation Area 

is the centerline of the Rı ́o Grande. 

Subsection (b) describes the purposes for which the Conservation 

Area is established, which are to conserve, protect, and enhance 

the area’s cultural, archaeological, natural, ecological, geological, 

historical, wildlife, educational, recreational, and scenic resources. 

Subsection (c)(1) directs the Secretary of the Interior (Secretary) 

to administer the Conservation Area in a manner that protects the 

resources of the Conservation Area 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, the collection of pin ̃ on nuts and firewood, 


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utility right-of-way upgrades, and tribal cultural uses. The Committee notes that the Bureau of Land Management currently authorizes the collection of medicinal plants and herbs and conducts 

sales of surplus firewood from restoration projects consistent with 

the Federal Land Policy and Management Act of 1976 and the Rı ́o 

Grande Corridor Management Plan, and the BLM retains that authority, consistent with the purposes of this Act. 

Subsection (d) requires the Secretary to develop a management 

plan for the Conservation Area within three years after the date 

of enactment of this Act and allows the Secretary to incorporate the 

Rı ́o Grande Corridor Management Plan, to the extent consistent 

with this Act. 

The subsection further requires the Secretary to develop the 

management plan in consultation with state and local governments, tribal governments, land grant communities, and the public, 

and to consider the recommendation of Indian tribes and pueblos 

with respect to access and protection of religious and cultural sites, 

and enhancing the privacy and continuity of cultural and religious 

activities within the Conservation Area. 

The Committee recognizes that the Bureau of Land Management 

and Taos Pueblo currently work cooperatively with regard to recreation and natural resource management along the shared boundary 

of the Rı ́o Grande. In preparing and implementing the management plan, the Committee encourages the Bureau of Land Management to continue to work cooperatively to the maximum extent possible with tribes and pueblos in the vicinity of the Conservation 

Area. 

Subsection (e) states that any land that is acquired within the 

boundary of the Conservation Area shall become part of the Conservation Area and managed accordingly. 

Subsection (f) clarifies that the establishment of the Conservation Area does not alter the management status of areas within the 

boundaries designated as a component of the Wild and Scenic Rivers System or as an area of critical environmental concern, and if 

there is a conflict between this Act and those designations, the 

more restrictive provision controls. 

Section 4(a) designates approximately 13,420 acres and 8,000 

acres of land managed by the Bureau of Land Management as the 

Cerro del Yuta Wilderness and Rı ́o San Antonio Wilderness, respectively. 

Subsection (b) states that the wilderness areas shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et 

seq.) and this Act. 

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 wilderness grazing guidelines. 

Subsection (e) 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. 


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Subsection (f) releases from Wilderness Study Area status land 

within the San Antonio Wilderness Study Area that is not designated as wilderness by this Act. 

Section 5(a) directs the Secretary to develop a map and legal description of the Conservation Area 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 Area 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 zones may be established where hunting is not allowed 

for reasons of public safety, administration, or public use and enjoyment. 

Subsection (d) withdraws, subject to valid existing rights, the 

Conservation Area 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. 

Subsection (e) states that nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. 

Section 6 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. 667—Rı ́o Grande del Norte National Conservation Area Establishment Act 

S. 667 would establish the Rı ́o Grande del Norte National Conservation Area (NCA) on land administered by the Bureau of Land 

Management (BLM) in New Mexico. Based on information provided 

by BLM, CBO estimates that enacting the legislation would have 

no significant impact on the federal budget. Enacting S. 667 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Under S. 667, nearly 236,000 acres of public land would be designated as the Rio Grande del Norte NCA, and about 21,000 acres 

of that area would be designated as part of the National Wilderness Preservation System. BLM, which manages the affected acreage, would be required to update existing management plans for 

the area. Finally, under the bill, the acreage would not be available 

for developing natural resources but would still be available for 

grazing under existing agreements. 

Because the affected acreage is already protected for conservation or wilderness values, CBO estimates that implementing the 

bill would have no significant effect on the cost of administering 

the area. We expect that any costs to update the management plan 

for the property or to modify existing maps and other materials 

would be minimal. Finally, because the affected land currently produces no income (and is not expected to do so in the future), we 

estimate that enacting the bill would not affect offsetting receipts. 


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The bill 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. 667. 

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. 667, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 667, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management at 

the May 18, 2011 Subcommittee on Public Lands and Forests hearing on S. 667 follows: 

STATEMENT OF MIKE POOL, DEPUTY DIRECTOR, BUREAU OF

LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 667, the 

Rı ́o Grande Del Norte National Conservation Area Establishment Act. The Department of the Interior supports S. 

667, which designates the nearly 236,000-acre Rio Grande 

Del Norte National Conservation Area (NCA) in northern 

New Mexico as well as two wilderness areas within the 

NCA. 

Background 

The proposed Rı ́o Grande del Norte NCA lies north of 

Taos on the border with Colorado and straddles Taos and 

Rı ́o Arriba Counties. The area includes the Cerro de la 

Olla, Cerro San Antonio and Cerro del Yuta volcanic cones 

jutting up from the surrounding valley—reminders of the 

area’s turbulent geologic past. Between these mountains is 

the Rı ́o Grande Wild & Scenic River gorge, carving 

through the landscape and revealing the basalt rock beneath the surface. 

The human history of the landscape is as diverse as its 

features. Early prehistoric sites attest to the importance of 

this area for hunting and as a sacred site. Today the area 

is home to members of the Taos Pueblo, as well as deVerDate Mar 15 2010 08:14 Jan 17, 2012 Jkt 019010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6969 E:\HR\OC\SR113.XXX SR113

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scendents of both Hispanic and American settlers. Wildlife 

species—including bighorn sheep, deer, elk and antelope— 

bring both hunters and wildlife watchers, while the Rı ́o 

Grande and its tributaries provide blue ribbon trout fishing and other river recreation. Above it all soar the golden 

and bald eagles, prairie falcons, and other raptors. 

S. 667 

S. 667 designates nearly 236,000 acres of land administered by the Bureau of Land Management (BLM) as the 

Rı ́o Grande del Norte NCA. Each of the NCAs designated 

by Congress and managed by the BLM is unique. For the 

most part, however, they have certain critical elements, 

which include 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 3 of the bill honors these 

principles, and we support the NCA’s designation. 

Section 4 of S. 667 designates two wilderness areas on 

BLM-managed lands within the NCA—the proposed 

13,420-acre Cerro del Yuta Wilderness and the 8,000-acre 

Rı ́o San Antonio Wilderness. Both of these areas meet the 

definitions of wilderness. They are largely untouched by 

humans, have outstanding opportunities for solitude and 

contain important geological, biological and scientific features—criteria outlined in the Wilderness Act of 1964. We 

support both of these wilderness designations as well. 

Conclusion 

Senator Bingaman’s bill is the product of many years of 

discussions and collaboration with the local community, 

stakeholders, and other interested parties. It protects both 

the valuable resources of the area and the way of life in 

this unique area of northern New Mexico. 

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

667. 

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. 667, as ordered reported. 

Æ 


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