89–010 

Calendar No. 596 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–310 

ORGAN MOUNTAINS-DESERT PEAKS WILDERNESS ACT 

SEPTEMBER 27, 2010.—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. 1689] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1689) to designate certain land as components 

of the National Wilderness Preservation System and the National 

Landscape Conservation System in the State of New Mexico, and 

for other purposes, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill, as 

amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Organ Mountains-Desert Peaks Wilderness Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’ means each of the 

Organ Mountains National Conservation Area and the Desert Peaks National 

Conservation Area established by section 4(a). 

(2) MANAGEMENT PLAN.—The term ‘‘management plan’’ means the management plan for the Conservation Areas developed under section 4(d). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(4) STATE.—The term ‘‘State’’ means the State of New Mexico. 

SEC. 3. DESIGNATION OF WILDERNESS AREAS. 

(a) IN GENERAL.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 

the following areas in the State are designated as wilderness and as components 

of the National Wilderness Preservation System: 

(1) ADEN LAVA FLOW WILDERNESS.—Certain land administered by the Bureau 

of Land Management in Don ̃ a Ana County comprising approximately 27,650 

acres, as generally depicted on the map entitled ‘‘Potrillo Mountains Complex’’ 

and dated May 18, 2010, which shall be known as the ‘‘Aden Lava Flow Wilderness’’. 


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(2) BROAD CANYON WILDERNESS.—Certain land administered by the Bureau of 

Land Management in Don ̃ a Ana County comprising approximately 13,900 acres, 

as generally depicted on the map entitled ‘‘Desert Peaks National Conservation 

Area’’ and dated May 18, 2010, which shall be known as the ‘‘Broad Canyon 

Wilderness’’. 

(3) CINDER CONE WILDERNESS—Certain land administered by the Bureau of 

Land Management in Don ̃ a Ana County comprising approximately 16,950 acres, 

as generally depicted on the map entitled ‘‘Potrillo Mountains Complex’’ and 

dated May 18, 2010, which shall be known as the ‘‘Cinder Cone Wilderness’’. 

(4) ORGAN MOUNTAINS WILDERNESS.—Certain land administered by the Bureau of Land Management in Don ̃ a Ana County comprising approximately 

19,400 acres, as generally depicted on the map entitled ‘‘Organ Mountains National Conservation Area’’ and dated June 22, 2010, which shall be known as 

the ‘‘Organ Mountains Wilderness’’. 

(5) POTRILLO MOUNTAINS WILDERNESS.—Certain land administered by the Bureau of Land Management in Don ̃ a Ana and Luna counties comprising approximately 125,850 acres, as generally depicted on the map entitled ‘‘Potrillo Mountains Complex’’ and dated May 18, 2010, which shall be known as the ‘‘Potrillo 

Mountains Wilderness’’. 

(6) ROBLEDO MOUNTAINS WILDERNESS.—Certain land administered by the Bureau of Land Management in Don ̃ a Ana County comprising approximately 

16,950 acres, as generally depicted on the map entitled ‘‘Desert Peaks National 

Conservation Area’’ and dated May 18, 2010, which shall be known as the 

‘‘Robledo Mountains Wilderness’’. 

(7) SIERRA DE LAS UVAS WILDERNESS.—Certain land administered by the Bureau of Land Management in Don ̃ a Ana County comprising approximately 

11,100 acres, as generally depicted on the map entitled ‘‘Desert Peaks National 

Conservation Area’’ and dated May 18, 2010, which shall be known as the ‘‘Sierra de las Uvas Wilderness’’. 

(8) WHITETHORN WILDERNESS.—Certain land administered by the Bureau of 

Land Management in Don ̃ a Ana and Luna counties comprising approximately 

9,600 acres, as generally depicted on the map entitled ‘‘Potrillo Mountains Complex’’ and dated May 18, 2010, which shall be known as the ‘‘Whitethorn Wilderness’’. 

(b) MANAGEMENT.—Subject to valid existing rights, the wilderness areas designated by subsection (a) shall be dministered by the Secretary in accordance with 

this Act and the Wilderness Act (16 U.S.C. 1131 et seq.) except that— 

(1) any reference in the Wilderness Act to the effective date of that Act shall 

be considered to be a reference to the date of enactment of this Act; and 

(2) any reference in the Wilderness Act to the Secretary of Agriculture shall 

be considered to be a reference to the Secretary of the Interior. 

(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS IN LAND.—Any land or interest in land that is within the boundary of a wilderness area designated by subsection (a) that is acquired by the United States shall— 

(1) become part of the wilderness area within the boundaries of which the 

land is located; and 

(2) be managed in accordance with— 

(A) the Wilderness Act (16 U.S.C. 1131 et seq.); 

(B) this Act; and 

(C) any other applicable laws. 

(d) GRAZING.—Grazing of livestock in the wilderness areas designated by subsection (a), where established before the date of enactment of this Act, shall be administered in accordance with— 

(1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and 

(2) the guidelines set forth in Appendix A of the Report of the Committee on 

Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. 

Rept. 101–405). 

(e) MILITARY OVERFLIGHTS.—Nothing in this section restricts or precludes— 

(1) low-level overflights of military aircraft over the wilderness areas designated by subsection (a), including military overflights that can be seen or 

heard within the wilderness areas; 

(2) the designation of new units of special airspace over the wilderness areas 

or wilderness additions designated by this Act; or 

(3) the use or establishment of military flight training routes over wilderness 

areas or wilderness additions designated by this Act. 

(f) BUFFER ZONES.— 

(1) IN GENERAL.—Nothing in this section creates a protective perimeter or 

buffer zone around any wilderness area designated by subsection (a). 


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(2) ACTIVITIES OUTSIDE WILDERNESS AREAS.—The fact that an activity or use 

on land outside any wilderness area designated by subsection (a) can be seen 

or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. 

(g) PERMIT AUTHORIZATION.—The Secretary may continue to authorize the competitive running event permitted from 1970 through 2010 in the vicinity of the 

boundaries of the Organ Mountains Wilderness designated by subsection (a)(4) in 

a manner compatible with the preservation of the area as wilderness. 

(h) POTENTIAL WILDERNESS AREA.— 

(1) ROBLEDO MOUNTAINS POTENTIAL WILDERNESS AREA.— 

(A) IN GENERAL.—Certain land administered by the Bureau of Land Management, comprising approximately 100 acres as generally depicted as ‘‘Potential Wilderness’’ on the map entitled ‘‘Desert Peaks National Conservation Area’’ and dated May 18, 2010, is designated as a potential wilderness 

area. 

(B) USES.—The Secretary shall permit only such uses on the land described in subparagraph (A) that were permitted on the date of enactment 

of this Act. 

(C) DESIGNATION AS WILDERNESS.— 

(i) IN GENERAL.—On the date on which the Secretary publishes in the 

Federal Register the notice described in clause (ii), the potential wilderness area designated under subparagraph (A) shall be— 

(I) designated as wilderness and as a component of the National 

Wilderness Preservation System; and 

(II) incorporated into the Robledo Mountains Wilderness designated by subsection (a)(6). 

(ii) NOTICE.—The notice referred to in clause (i) is notice that— 

(I) the communications site within the potential wilderness area 

designated under subparagraph (A) is no longer used; 

(II) the associated right-of-way is relinquished or not renewed; 

and 

(III) the conditions in the potential wilderness area designated 

by subparagraph (A) are compatible with the Wilderness Act (16 

U.S.C. 1131 et seq.). 

(i) RELEASE OF WILDERNESS STUDY AREAS.—Congress finds that, for purposes of 

section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1782(c)), the public land in Don ̃ a Ana County administered by the Bureau of Land 

Management not designated as wilderness by subsection (a)— 

(1) has been adequately studied for wilderness designation; 

(2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and 

(3) shall be managed in accordance with— 

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 

et seq.); 

(B) this Act; and 

(C) any other applicable laws. 

SEC. 4. ESTABLISHMENT OF NATIONAL CONSERVATION AREAS. 

(a) ESTABLISHMENT.—The following areas in the State are established as National 

Conservation Areas: 

(1) ORGAN MOUNTAINS NATIONAL CONSERVATION AREA.—Certain land administered by the Bureau of Land Management in Don ̃ a Ana County comprising approximately 84,950 acres, as generally depicted on the map entitled ‘‘Organ 

Mountains National Conservation Area’’ and dated June 22, 2010, which shall 

be known as the ‘‘Organ Mountains National Conservation Area’’. 

(2) DESERT PEAKS NATIONAL CONSERVATION AREA.—Certain land administered 

by the Bureau of Land Management in Don ̃ a Ana County comprising approximately 75,550 acres, as generally depicted on the map entitled ‘‘Desert Peaks 

National Conservation Area’’ and dated May 18, 2010, which shall be known as 

the ‘‘Desert Peaks National Conservation Area’’. 

(b) PURPOSES.—The purposes of the Conservation Areas are to conserve, protect, 

and enhance for the benefit and enjoyment of present and future generations the 

cultural, archaeological, natural, geological, historical, ecological, watershed, wildlife, educational, recreational, and scenic resources of the Conservation Areas. 

(c) MANAGEMENT.— 

(1) IN GENERAL.—The Secretary shall manage the Conservation Areas— 

(A) in a manner that conserves, protects, and enhances the resources of 

the Conservation Areas; and 

(B) in accordance with— 


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(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1701 et seq.); 

(ii) this Act; and 

(iii) any other applicable laws. 

(2) USES.— 

(A) IN GENERAL.—The Secretary shall allow only such uses of the Conservation Areas that the Secretary determines would further the purposes 

described in subsection (b). 

(B) USE OF MOTORIZED VEHICLES.— 

(i) IN GENERAL.—Except as needed for administrative purposes or to 

respond to an emergency, the use of motorized vehicles in the Conservation Areas shall be permitted only on roads designated for use by 

motorized vehicles in the management plan. 

(ii) NEW ROADS.—No additional road shall be built within the Conservation Areas after the date of enactment of this Act unless the road 

is necessary for public safety or natural resource protection. 

(C) GRAZING.—The Secretary shall permit grazing within the Conservation Areas, where established before the date of enactment of this Act— 

(i) subject to all applicable laws (including regulations) and Executive 

orders; and 

(ii) consistent with the purposes described in subsection (b). 

(D) UTILITY RIGHT-OF-WAY UPGRADES.—Nothing in this section precludes 

the Secretary from renewing or authorizing the upgrading (including widening) of a utility right-of-way in existence as of the date of enactment of 

this Act through the Organ Mountains National Conservation Area— 

(i) in accordance with— 

(I) the National Environmental Policy Act of 1969 (42 U.S.C. 

4321 et seq.); and 

(II) any other applicable law; and 

(ii) subject to such terms and conditions as the Secretary determines 

to be appropriate. 

(d) MANAGEMENT PLAN.— 

(1) IN GENERAL.—Not later than 3 years after the date of enactment of this 

Act, the Secretary shall develop a management plan for each of the Conservation Areas. 

(2) CONSULTATION.—The management plans shall be developed in consultation with— 

(A) interested Federal agencies; 

(B) State, tribal, and local governments; and 

(C) the public. 

(3) CONSIDERATIONS.—In preparing and implementing the management plans, 

the Secretary shall consider the recommendations of Indian tribes and pueblos 

on methods for providing access to, and protection for, traditional cultural and 

religious sites in the Conservation Areas. 

(e) INCORPORATION OF ACQUIRED LAND AND INTERESTS IN LAND.—Any land or interest in land that is within the boundary of a Conservation Area designated by subsection (a) that is acquired by the United States shall— 

(1) become part of the Conservation Area within the boundaries of which the 

land is located; and 

(2) be managed in accordance with— 

(A) this Act; and 

(B) any other applicable laws. 

(f) TRANSFER OF ADMINISTRATIVE JURISDICTION.—On the date of enactment of this 

Act, administrative jurisdiction over the approximately 2,050 acres of land generally 

depicted as ‘‘Transfer from DOD to BIM’’ on the map entitled ‘‘Organ Mountains National Conservation Area’’ and dated June 22, 2010, shall— 

(1) be transferred from the Secretary of Defense to the Secretary; 

(2) become part of the Organ Mountains National Conservation Area; and 

(3) be managed in accordance with— 

(A) this Act; and 

(B) any other applicable laws. 

SEC. 5. GENERAL PROVISIONS. 

(a) MAPS AND LEGAL DESCRIPTIONS.— 

(1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall file maps and legal descriptions of the Conservation 

Areas and the wilderness areas designated by this Act with— 

(A) the Committee on Energy and Natural Resources of the Senate; and 

(B) the Committee on Natural Resources of the House of Representatives. 


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(2) FORCE OF LAW.—The maps and legal descriptions filed under paragraph 

(1) shall have the same force and effect as if included in this Act, except that 

the Secretary may correct errors in the maps and legal descriptions. 

(3) PUBLIC AVAILABILITY.—The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate 

offices of the Bureau of Land Management. 

(b) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The Conservation Areas and 

the wilderness areas designated by this Act shall be administered as components 

of the National Landscape Conservation System. 

(c) FISH AND WILDLIFE.—Nothing in this Act affects the jurisdiction of the State 

with respect to fish and wildlife located on public land in the State, except that the 

Secretary, after consultation with the New Mexico Department of Game and Fish, 

may designate zones where, and establish periods during which, hunting, or fishing 

shall not be allowed for reasons of public safety, administration, the protection for 

nongame species and their habitats, or public use and enjoyment. 

(d) WITHDRAWALS.— (1) IN GENERAL.—Subject to valid existing rights, the Federal land within the 

Conservation Areas, the wilderness areas designated by this Act, and any land 

or interest in land that is acquired by the United States in the Conservation 

Areas or wilderness areas after the date of enactment of this Act is withdrawn 

from— 

(A) entry, appropriation, or disposal under the public land laws; 

(B) location, entry, and patent under the mining laws; and 

(C) operation of the mineral leasing, mineral materials, and geothermal 

leasing laws. 

(2) PARCEL A.—The approximately 1,300 acres of land generally depicted as 

‘‘Parcel A’’ on the map entitled ‘‘Organ Mountains National Conservation Area’’ 

and dated June 22, 2010, is withdrawn in accordance with paragraph (1), except 

that the land is not withdrawn from disposal under the Act of June 14, 1926 

(commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 869 

et seq.). 

(3) PARCEL B.—The approximately 6,500 acres of land generally depicted as 

‘‘Parcel B’’ on the map entitled ‘‘Organ Mountains National Conservation Area’’ 

and dated June 22, 2010, is withdrawn in accordance with paragraph (1), except 

that the land is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way. 

SEC. 6. PREHISTORIC TRACKWAYS NATIONAL MONUMENT BOUNDARY ADJUSTMENT. 

Section 2103 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 431 

note; Public Law 111–11; 123 Stat. 1097) is amended by striking subsection (b) and 

inserting the following: 

‘‘(b) DESCRIPTION OF LAND.—The Monument shall consist of approximately 5,750 

acres of public land in Don ̃ a, Ana County, New Mexico, as generally depicted on the 

map entitled ‘Desert Peaks National Conservation Area’ and dated May 18, 2010.’’. 

SEC. 7. BORDER SECURITY. 

(a) IN GENERAL.—Nothing in this Act— 

(1) prevents the Secretary of Homeland Security from undertaking law enforcement and border security activities, in accordance with section 4(c) of the 

Wilderness Act (16 U.S.C. 1133(c)), within the areas designated as wilderness 

by this Act, including the ability to use motorized access within a wilderness 

area while in pursuit of a suspect; 

(2) affects the 2006 Memorandum of Understanding among the Department 

of Homeland Security, the Department of the Interior, and the Department of 

Agriculture regarding cooperative national security and counterterrorism efforts 

on Federal land along the borders of the United States; or 

(3) prevents the Secretary of Homeland Security from conducting any lowlevel overflights over the wilderness areas designated by this Act that may be 

necessary for law enforcement and border security purposes. 

(b) RESTRICTED USE AREA.— 

(1) WITHDRAWAL.—The area identified as ‘‘Restricted Use Area’’ on the map 

entitled ‘‘Potrillo Mountains Complex’’ and dated May 18, 2010 is withdrawn in 

accordance with section 5(d)(1). 

(2) ADMINISTRATION.—Except as provided in paragraphs (3) and (4), the Secretary shall administer the area described in paragraph (1) in a manner that, 

to the maximum extent practicable, protects the wilderness character of the 

area. 

(3) USE OF MOTOR VEHICLES.—The use of motor vehicles, motorized equipment, and mechanical transport shall be prohibited in the area described in 

paragraph (1) except as necessary for— 


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(A) the administration of the area (including the conduct of law enforcement and border security activities in the area); or 

(B) grazing uses by authorized permittees. 

(4) EFFECT OF SUBSECTION.—Nothing in this subsection precludes the Secretary from allowing within the area described in paragraph (1) the installation 

and maintenance of communication or surveillance infrastructure necessary for 

law enforcement or border security activities. 

(c) RESTRICTED ROUTE.—The route excluded from the Potrillo Mountains Wilderness identified as ‘‘Restricted—Administrative Access’’ on the map entitled ‘‘Potrillo 

Mountains Complex’’ and dated May 18, 2010, shall be— 

(1) closed to public access; but 

(2) available for administrative and law enforcement uses, including border 

security activities. 

SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are necessary to carry out 

this Act. 

PURPOSE OF THE MEASURE

The purpose of S. 1689 is to establish the 84,950-acre Organ 

Mountains National Conservation Area, the 75,550-acre Desert 

Peaks National Conservation Area, and to designate approximately 

241,400 acres of public land in the State of New Mexico administered by the Bureau of Land Management as wilderness. 

BACKGROUND AND NEED

S. 1689 would establish the 84,950-acre Organ Mountains National Conservation Area, the 75,550-acre Desert Peaks National 

Conservation Area, and designate as wilderness approximately 

241,400 acres of public land managed by the Bureau of Land Management (BLM) in Don ̃ a Ana County in southern New Mexico, including the 27,650-acre Aden Lava Flow, 13,900-acre Broad Canyon, 16,950-acre Cinder Cone, 19,400-acre Organ Mountains, 

125,850-acre Potrillo Mountains, 16,950-acre Robledo Mountains, 

11,100-acre Sierra de las Uvas, and 9,600-acre Whitethorn wilderness areas. 

The wilderness and conservation areas would provide protection 

for large expanses of the Chihuahuan Desert ecosystem, including 

mountain ranges and grasslands, mesas and canyons, and lava 

flows and extinct volcanic cinder cones. The majority of the proposed wilderness areas are currently managed by the BLM as Wilderness Study Areas, and the majority of the Organ Mountains National Conservation Area is currently managed as an Area of Critical Environmental Concern. 

The region provides important wildlife habitat for both game and 

sensitive species, and contains a number of archeological and historical sites, including petroglyphs, throughout the area. The proposed-Desert Peaks National Conservation Area lies adjacent to the 

Prehistoric Trackways National Monument and may contain similar archeological resources as the National Monument. The areas 

designated under S. 1689 are used by the public for hunting, hiking, and other recreational activities as well as for grazing purposes. The surrounding communities also rely on the public lands 

for their importance as watersheds and aquifer recharge zones. 

LEGISLATIVE HISTORY

S. 1689 was introduced on September 17, 2009 by Senators 

Bingaman and Udall of New Mexico. On October 8, 2009, the SubVerDate Mar 15 2010 14:34 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR310.XXX SR310

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committee on Public Lands and Forests held a legislative hearing 

on the bill (S. Hrg. 111–285). On February 15, 2010, the Committee 

on Energy and Natural Resources held a field hearing on S. 1689 

in Las Cruces, New Mexico (S. Hrg. 111–384). At its business meeting on July 21, 2010, the Committee on Energy and Natural Resources ordered S. 1689 favorably reported with an amendment in 

the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on July 21, 2010, by voice vote of a quorum 

present, recommends that the Senate pass S. 1689, if amended as 

described herein. 

COMMITTEE AMENDMENT

During the consideration of S. 1689, the Committee adopted an 

amendment in the nature of a substitute. The amendment updates 

map references in the bill to reflect the boundary adjustments to 

avoid power lines and some roads near the edges of some of the 

proposed wilderness areas. Additionally, it updates other changes 

made to the designated areas, including the establishment of a Restricted Use Area south of the Potrillo Mountains Wilderness near 

the U.S.-Mexico border. It also clarifies the permitted uses in the 

Robledo Mountains Potential Wilderness Area, and authorizes the 

permitting of a long-standing running event in the vicinity of the 

Organ Mountains Wilderness. 

The amendment also details the authorities of the Department of 

Homeland Security with respect to the designations established by 

the bill, allows for the location of oil and gas pipelines through a 

specified area, south of the Organ Mountains National Conservation Area, and makes several other technical and conforming 

amendments. The amendment is explained in detail in the sectionby-section analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘Organ Mountains-Desert 

Peaks Wilderness Act’’. 

Section 2 defines key terms used in the bill. 

Section 3(a) designates public land managed by the Bureau of 

Land Management in Don ̃ a Ana County as the 27,650-acre Aden 

Lava Flow Wilderness, 13,900-acre Broad Canyon Wilderness, 

16,950-acre Cinder Cone Wilderness, 19,400-acre Organ Mountains 

Wilderness, 125,850-acre Potrillo Mountains Wilderness, 16,950- 

acre Robledo Mountains Wilderness, 11,100-acre Sierra de las Uvas 

Wilderness, and 9,600-acre Whitethorn Wilderness. 

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

seq.). 

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 WilderVerDate Mar 15 2010 14:34 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR310.XXX SR310

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ness Act (16 U.S.C. 1133(d)(4)) and the BLM wilderness grazing 

guidelines. 

Subsection (e) clarifies that nothing in the section restricts or 

precludes military overflights, the designation of special air-space, 

or military flight training routes over the wilderness areas. 

Subsection (f) 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. 

Subsection (g) authorizes the Secretary of the Interior (Secretary) 

to continue to permit the competitive running event organized by 

the Mesilla Valley Track Club and continuously permitted since 

1970 in the vicinity of the Organ Mountains Wilderness. 

Subsection (h)(1) designates approximately 100 acres of public 

land in the Robledo Mountains as the Robledo Mountains Potential 

Wilderness Area. Paragraph (2) states that only those uses permitted at the time of designation shall be permitted within the potential wilderness area. Paragraph (3) provides for the incorporation of the potential wilderness area into the Robledo Mountains 

Wilderness area at the time the Secretary determines that the nonconforming uses within the potential wilderness area have ceased 

and the conditions in the area are compatible with the Wilderness 

Act. 

Subsection (i) releases from Wilderness Study Area status land 

within Don ̃ a Ana County that is not designated as wilderness by 

this Act. Approximately 30,000 acres of public land in the county 

will be released from Wilderness Study Area status, to be managed 

in accordance with the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws. 

Section 4(a) establishes the 84,950-acre Organ Mountains National Conservation Area and 75,550-acre Desert Peaks National 

Conservation Area (Conservation Areas) on public land within 

Don ̃ a Ana County managed by the Bureau of Land Management. 

Subsection (b) describes the purposes for which the Conservation 

Areas are established, which are to conserve, protect, and enhance 

the areas’ cultural, archaeological, natural, geological, historical, 

ecological, watershed, wildlife, educational, recreational, and scenic 

resources. 

Subsection (c)(1) directs the Secretary to administer the Conservation Areas in a manner that protects their resources 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, and utility 

right-of-way upgrades. 

Subsection (d) requires the Secretary to develop a management 

plan for the Conservation Areas within three years after the date 

of enactment of the Act. The subsection further requires the Secretary to develop the management plan in consultation with state 

and local governments, tribal governments, and the public, and to 

consider the recommendation of Indian tribes and pueblos with respect to access to and protection of religious and cultural sites 

within the Conservation Areas. 


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

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

Subsection (f) transfers administrative jurisdiction over approximately 2,050 acres of land currently part of Fort Bliss Military 

Reservation from the Secretary of Defense to the Secretary and incorporates the land into the Organ Mountains National Conservation Area to be managed in accordance with this Act and other applicable laws. 

Section 5(a) directs the Secretary to develop a map and legal description of the Conservation Areas 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 Areas 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 the Secretary may establish areas where hunting is not 

allowed for reasons of public safety, administration, or public use 

and enjoyment. 

Subsection (d)(1) withdraws, subject to valid existing rights, the 

Conservation Areas 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. Paragraph (2) 

states that the approximately 1,300 acres of public land depicted 

on the map as ‘‘Parcel A’’ is withdrawn according to paragraph (1) 

except that it is not withdrawn from disposal under the Act of June 

14, 1926, commonly known as the ‘‘Recreation and Public Purposes 

Act’’ (43 U.S.C. 869 et seq.). Paragraph (3) states that the approximately 6,500 acres of public land depicted on the map as ‘‘Parcel 

B’’ is withdrawn according to paragraph (1) except that it is not 

withdrawn for purposes of the issuance of oil and gas pipeline 

rights-of-way. 

Section 6 adjusts the boundary of the Prehistoric Trackways National Monument located in Do±a Ana County by incorporating an 

additional 470 acres of public land into the existing Monument 

boundary. 

Section 7(a) clarifies that nothing in the Act: Prevents the Department of Homeland Security from undertaking law enforcement 

and border security activities within the wilderness areas while in 

pursuit of a suspect, in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), including the use of motorized vehicles; affects the 2006 Memorandum of Understanding among the 

Department of Homeland Security, the Department of the Interior, 

and the Department of Agriculture regarding cooperative national 

security and counterterrorism efforts on Federal land along the 

borders of the United States; or prevents the Secretary of Homeland Security from conducting any low-level overflights over the 

wilderness areas designated by this Act. 

Subsection (b)(1) states that the public land depicted on the map 

as ‘‘Restricted Use Area’’ is withdrawn in accordance with section 

5(d)(1). Paragraph (2) directs the Secretary to administer the area 

in a manner that, to the maximum extent practicable, protects the 


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wilderness character of the area. Paragraph (3) prohibits the use 

of motorized equipment and mechanical transport within the area 

except for administration of the area, including the conduct of law 

enforcement and border security activities and grazing uses by authorized permittees. Paragraph (4) clarifies that the Secretary is 

not precluded from allowing the installation and maintenance of 

communication or surveillance infrastructure necessary for law enforcement or border security activities within the Restricted Use 

Area. 

Subsection (c) excludes the route depicted on the map as ‘‘Restricted—Administrative Access’’ from the Potrillo Mountains Wilderness and closes the route to public access but provides that it 

shall remain available for administrative and law enforcement 

uses, including border security activities. 

Section 8 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. 1689—Organ Mountains-Desert Peaks Wilderness Act 

S. 1689 would change the legal status of about 250,000 acres of 

federal land in New Mexico. The bill would establish two National 

Conservation Areas (NCAs) and eight new wilderness areas totaling about 240,000 acres. The legislation also would withdraw about 

8,000 acres of Bureau of Land Management (BLM) land from most 

disposal, mining or mineral leasing activities; transfer 2,000 acres 

of land from the Department of Defense to BLM for inclusion in 

one of the NCAs established under the bill; and expand the Prehistoric Trackways National Monument to include an additional 

470 acres of BLM land. Finally, the bill would release about 16,000 

acres of land from its current status as a wilderness study area. 

Because the lands affected by the legislation are already managed 

by the federal government, CBO estimates that any increase in federal costs to manage those lands would not exceed $500,000 in any 

year. 

S. 1689 could reduce offsetting receipts because it would no 

longer allow certain lands to be disposed of or leased. Therefore 

pay-as-you-go procedures apply to the legislation. However, based 

on information from BLM, CBO estimates that any reduction in offsetting receipts would be negligible over the 2010–2020 period. 

S. 1689 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. 1689. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic reVerDate Mar 15 2010 14:34 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\SR310.XXX SR310

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sponsibilities 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. 

1689. 

EXECUTIVE COMMUNICATIONS

The views of the administration were included in testimony received by the Committee at a hearing on S. 1689, on October 8, 

2009. 

STATEMENT OF MARCILYNN A. BURKE, DEPUTY DIRECTOR, 

BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE

INTERIOR

Thank you for inviting the Department of the Interior to 

testify on S. 1689, the Organ Mountains-Desert Peaks Wilderness Act. The Administration supports S. 1689, which 

designates two new National Conservation Areas (NCAs) 

and eight new wilderness areas in Don ̃a Ana County, New 

Mexico. We welcome this opportunity to enhance protection for some of America’s treasured landscapes. 

BACKGROUND

Don ̃ a Ana County is many things—the county with the 

second highest population in New Mexico; home to Las 

Cruces, one of the fastest growing cities in the country; 

and a land of amazing beauty. Towering mountain ranges, 

dramatic deserts, and fertile valleys characterize this corner of the Land of Enchantment. The Organ Mountains, 

east of the city of Las Cruces, dominate the landscape. 

Characterized by steep, angular, barren rock outcroppings, 

the Organ Mountains rise to nearly 9,000 feet in elevation 

and extend for 20 miles, running generally north and 

south. This high-desert landscape within the Chihuahua 

Desert contains a multitude of biological zones—mixed 

desert shrubs and grasslands in the lowlands ascending to 

pinon and juniper woodlands, and finally to ponderosa 

pines at the highest elevations. Consequently, the area is 

home to a high diversity of animal life, including peregrine 

falcons and other raptors, as well as mountain lions and 

other mammals. Abundant prehistoric cultural sites, dating back 8,000 years, dot the landscape. The Organ Mountains are a popular recreation area, with multiple hiking 

trails, a popular campground, and opportunities for hunting, mountain biking, and other dispersed recreation. 

On the west side of Las Cruces are the mountain ranges 

and peaks of the Robledo Mountains and Sierra de las 

Uvas, which make up the Desert Peaks area. These desert 

landscapes are characterized by numerous mesas and 

buttes interspersed with deep canyons and arroyos. Mule 

deer, mountain lions, and golden eagles and other raptors 

are attracted to this varied landscape. Prehistoric cultural 

sites of the classic Mimbres and El Paso phases are sprinkled throughout this region along with historic sites assoVerDate Mar 15 2010 14:34 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6969 E:\HR\OC\SR310.XXX SR310

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ciated with more recent settlements. This area is also 

home to the unusual Night-blooming Cereus—seeing the 

one-night-a-year bloom in its natural surroundings is a 

rare delight. Finally, the area provides varied disbursed 

recreational opportunities. 

To the southwest of Las Cruces, near the Mexican border, is the Potrillo Mountains Complex. The geologic genesis of these mountains is different from that of the Organ 

Mountains and Desert Peaks area. Cinder cones, volcanic 

craters, basalt lava flows, and talus slopes characterize 

this corner of Don ̃ a Ana County. These lands are famous 

for their abundant wildlife, and contain significant fossil 

resources. A well-preserved giant ground sloth skeleton, 

now housed at Yale University, was discovered in this 

area. The sheer breadth of these lands and their open, expansive vistas offer remarkable opportunities for solitude. 

Senator Bingaman and a wide range of local governments, communities, user groups, conservationists, and 

Federal agencies have worked collaboratively to develop 

this consensus proposal to protect all of these special 

areas. 

S. 1689

S. 1689 proposes to designate two new NCAs and eight 

wilderness areas in Don ̃a Ana County, New Mexico, which 

would be included in BLM’s National Landscape Conservation System. The legislation also releases over 16,000 acres 

from wilderness study area (WSA) status, transfers land 

from the Department of the Defense (DOD) to the BLM for 

inclusion within an NCA, and withdraws certain additional lands from disposal, mining, and mineral leasing. 

Section 3 of S. 1689 designates eight wilderness areas 

totaling approximately 259,000 acres. The BLM supports 

the proposed wilderness designations in S. 1689. We would 

like the opportunity to work with the Chairman on minor 

boundary modifications for manageability, as well as modifications to some minor technical provisions. 

These new wilderness designations are in three distinct 

areas of the county. First, within the proposed Organ 

Mountains NCA, 19,400 acres would be designated as the 

Organ Mountains Wilderness. 

The second area is within the Desert Peaks National 

Conservation Area proposed in this legislation. The bill 

proposes three designations in this area: Broad Canyon 

Wilderness (13,900 acres); Robledo Mountains Wilderness 

(17,000 acres); and Sierra de las Uvas Wilderness (11,100 

acres). These three areas are within the 33,600-acre Desert 

Peaks NCA. Within the Robledo Mountains Wilderness, a 

small corridor of approximately 100 acres has been designated as ‘‘potential wilderness’’ by section 3(g) of S. 1689. 

The lands included in this potential wilderness contain a 

communications right-of-way, and it is our understanding 

that it is the intention of the Chairman to allow the continued use of this site by the current lesses. However, in 

the event that the communications right-of-way is relinVerDate Mar 15 2010 14:34 Sep 29, 2010 Jkt 089010 PO 00000 Frm 00012 Fmt 6659 Sfmt 6969 E:\HR\OC\SR310.XXX SR310

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quished, these lands would be reclaimed and become part 

of the wilderness area. We support this provision. 

Finally, the Potrillo Mountains complex in the southwest 

corner of Don ̃ a Ana County includes: Aden Lava Flow Wilderness (27,650 acres); Cinder Cone Wilderness (16,950 

acres); Potrillo Mountains Wilderness (143,450 acres); and 

Whitethorn Wilderness (9,600 acres). Both the Potrillo 

Mountains Wilderness and Whitethorn Wilderness extend 

into adjacent Luna County. The legislation releases a substantial swath of land along the border with Mexico that 

is currently designated as WSA from WSA restrictions. 

The release contemplated by the legislation would allow 

greater flexibility for law enforcement along the border. 

We support this WSA release. 

Two National Conservation Areas are established by section 4 of the legislation—the Organ Mountains NCA and 

the Desert Peaks NCA. As noted above, both of these 

NCAs include proposed designated wilderness within their 

boundaries. Each of the NCAs designated by Congress and 

managed by the BLM is unique. However, all NCA designations have certain critical elements in common, including 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 4 of the bill honors these principles, and 

the BLM supports the designation of both of these NCAs. 

Much of the lands proposed for both wilderness and 

NCA designations have been historically grazed by domestic livestock, and grazing continues today. Many of BLM’s 

existing wilderness areas and NCAs throughout the West 

are host to livestock grazing, which is compatible with 

these designations. This use will continue within the NCAs 

and wilderness areas designated by S. 1689. 

Section 4(f) of the bill transfers administrative jurisdiction of 2,050 acres from DOD to the BLM. These lands, 

currently part of the Army’s Fort Bliss, would be incorporated into the Organ Mountains NCA. The lands to be 

transferred include the dramatic and scenic Fillmore Canyon as well as the western slopes of Organ Peak and Ice 

Canyon. We would welcome these lands into BLM’S National System of Public Lands, and we would like to work 

with the Committee and DOD to ensure that the transfer 

is conducted consistent with other DOD land transfers to 

BLM. 

Section 6 of S. 1689 concerns the recently established 

Prehistoric Trackways National Monument, just southeast 

of the proposed Desert Peaks NCA, the monument was established in Title II, Subtitle B of the Omnibus Public 

Land Act (Public Law 111–11) signed by the President on 

March 30 of this year. Section 6 of S. 1689 addresses recent additional discoveries of 280 million-year old reptile, 

insect, and plant fossils on adjacent BLM-managed lands 


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by adding 170 acres to the Monument. The BLM supports 

this expansion of the Monument. 

Section 5(d) of the legislation provides for the withdrawal of two parcels of BLM-managed lands from the 

land, mining, and mineral leasing laws, The parcel designated as ‘‘Parcel A’’ is approximately 1,300 acres of 

BLM-managed lands on the eastern outskirts of Las 

Cruces. This parcel is a popular hiking and mountain 

biking site, and provides easy access to the peak of the 

Tortugas Mountains. From here, visitors can take in spectacular views of Las Cruces and the Rio Grande Valley. 

We understand that Chairman Bingaman’s goal is to ensure that these lands are preserved for continued recreational use by Las Cruces residents. The legislation provides for a possible lease of these lands to governmental or 

nonprofit agency under the Recreation and Public Purposes Act. The larger, 6,300 acre parcel, designated as 

‘‘Parcel B,’’ lies on the southern end of the proposed Organ 

Mountains NCA. It is our understanding that Chairman 

Bingaman considered adding this parcel to the NCA because of important resource values. However, a multitude 

of current uses make inclusion of this parcel in the NCA 

inconsistent with the purposes established for the NCA. 

Therefore, the limited withdrawal of the parcel will better 

serve to protect the resources within this area without 

negatively affecting the current uses of the area. The BLM 

supports the withdrawal of both of these parcels. 

Finally, the BLM, along with many partners, has undertaken restoration efforts on more than one million acres of 

degraded landscapes in New Mexico, with the goal of returning grasslands, woodlands, and riparian areas to their 

original healthy conditions. We would like to work with 

the Chairman to develop language to support the BLM in 

implementing appropriate land restoration activities that 

will benefit watershed and wildlife health within these 

designated areas. 

CONCLUSION

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

1689. Both the BLM and the Department welcome opportunities to engage in important discussions such as this 

that advance the protection of treasured American landscapes. Passage of this legislation will ensure that generations of New Mexicans and all Americans will be able to 

witness a golden eagle soar over the Sierra de las Uvas, 

hike the landmark Organ Mountains, or hunt in the volcanic outcroppings of the Portrillo Mountains. 

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. 1689, as ordered reported. 

Æ 


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