49–010 

Calendar No. 264 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–163 

FORT STANTON-SNOWY RIVER NATIONAL CAVE 

CONSERVATION AREA ACT 

OCTOBER 27, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1170] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1170) to establish the Fort Stanton-Snowy 

River National Cave Conservation Area, having considered the 

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

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 ‘‘Fort Stanton-Snowy River National Cave Conservation Area Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

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

Stanton-Snowy River National Cave Conservation Area established by section 

3(a). 

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

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

acting through the Director of the Bureau of Land Management. 

SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER NATIONAL CAVE CONSERVATION 

AREA. 

(a) IN GENERAL.—There is established the Fort Stanton-Snowy River National 

Cave Conservation Area in Lincoln County, New Mexico, to secure, protect, and conserve subterranean natural and unique features and environs for scientific, educational, and other appropriate public uses. 

(b) BOUNDARIES.—The Conservation Act shall include— 

(1) the minimum subsurface area necessary to encompass the ‘‘Ft. Stanton 

Cave’’ and the ‘‘Newly Discovered Cave’’, as depicted on the map entitled ‘‘Fort 

Stanton Cave’’ and dated March 29, 2005; and 

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(2) the minimum surface acreage, as determined by the Secretary, that is necessary to provide access to the cave entrance, but not to exceed 40 areas. 

(c) MAP AND LEGAL DESCRIPTION.—

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

Act, the Secretary shall establish detailed boundaries and prepare a map and 

legal description of the Conservation Area that depicts the minimum acreage 

necessary to encompass the land described in subsection (b), based on the smallest legal subdivision described in not less than 40 acre aliquot parts. 

(2) EFFECT.—The map and legal description of the Conservation Area shall 

have the same force and effect as if included in this Act, except that the Secretary may correct any minor errors in the map and legal description. 

(3) PUBLIC AVAILABILITY.—The map and legal description of the Conservation 

Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management. 

SEC. 4. MANAGEMENT OF THE CONSERVATION AREA. 

(a) IN GENERAL.—The Secretary shall administer the Conservation Area—

(1) in accordance with the laws (including regulations) applicable to public 

land and the management plan required by this Act; and 

(2) in a manner that provides for—

(A) the conservation and protection of the natural and unique features 

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

of the Conservation Area; 

(B) public access, as appropriate, while providing for the protection of the 

cave resources and for public safety; 

(C) the continuation of other existing uses and new uses of the Conservation Act that do not substantially impair the purposes for which the Conservation Area is established; 

(D) management of the surface area overlying the Conservation Area in 

accordance with the Fort Stanton Area of Critical Environmental Concern 

Final Activity Plan dated March, 2001; and 

(E) scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, 

schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area. 

(b) WITHDRAWALS.—Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the surface 

and subsurface land that are acquired by the United States after the date of enactment of the Act for inclusion in the Conservation Area, are withdrawn from—

(1) all forms of entry, appropriation, or disposal under the general land laws; 

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

(3) operation under the mineral leasing and geothermal leasing laws. 

(c) MANAGEMENT PLAN.—

(1) IN GENERAL.—Not later than 2 years after the date of enactment of this 

Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area. 

(2) PURPOSES.—The management plan shall—

(A) describe the appropriate uses and management of the Conservation 

Area; 

(B) incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation 

Area; 

(C) take into consideration any information developed in studies of the 

land and resources within or adjacent to the Conservation Area; and 

(D) provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area. 

(d) ACTIVITIES OUTSIDE CONSERVATION AREA.—The establishment of the Conservation Area shall not—

(1) create a protective perimeter or buffer zone around the Conservation Area; 

or 

(2) preclude uses or activities outside the Conservation Area that are permitted under other applicable laws, even if the uses or activities are prohibited 

within the Conservation Area. 

(e) RESEARCH AND INTERPRETIVE FACILITIES.—

(1) IN GENERAL.—The Secretary may establish facilities for—

(A) the conduct of scientific research; and 

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(B) the interpretation of the historical, cultural, scientific, archaeological, 

natural, and educational resources of the Conservation Area. 

(2) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative 

agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this Act. 

(f) WATER RIGHTS.—Nothing in this Act constitutes an express or implied reservation of any water right. 

SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

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

this Act. 

PURPOSE

S. 1170 establishes the Fort Stanton-Snowy River National Cave 

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 has 

continued into the 21st century, and in 2001 led to the discovery 

by BLM 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 eventually 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 Conservation Area 

(the ‘‘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. 1170 was introduced by Senator Domenici and Senator Bingaman on June 6, 2005. The Subcommittee on Public Lands and Forests held a hearing on S. 1170 on July 20, 2005. At the business 

meeting on September 28, 2005, the Committee on Energy and 

Natural Resources ordered S. 1170 favorably reported with an 

amendment. 

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COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by a unanimous vote of a 

quorum present, recommends that the Senate pass S. 1170, if 

amended as described herein. During the Committee’s consideration of the bill, Senator Bingaman noted, and Chairman Domenici 

agreed, that further amendments might be worked out before consideration of the bill by the full Senate. 

The Committee adopted an amendment in the nature of a substitute that clarifies the specificity required in the official map for 

the Conservation Area, and requires the Secretary to manage the 

surface area overlying the Conservation Area in accordance with 

the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001. The substitute amendment is described in detail below in the section-by-section analysis. 

SECTION-BY-SECTION ANALYSIS

Sections 1 and 2 provide the short title and definitions for the 

Act. 

Section 3(a) establishes the Fort Stanton-Snowy River National 

Cave 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. 

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

the cave. 

(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. 

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 area in a manner consistent with the 

purposes described in section 3(a) and in accordance with the Fort 

Stanton Area of Critical Environmental Concern Final Activity 

Plan. 

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

rights, from land disposal, location, entry, and patent under mining 

and geothermal leasing laws. 

(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. 

(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. 

(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. 

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

Section 5 authorizes such funding as may be necessary to carry 

out the Act. 

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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office. 

S. 1170—Fort Stanton-Snowy River National Cave Conservation 

Area Act 

S. 1170 would establish the Fort Stanton-Snowy River National 

Cave 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. 1170 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 

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

availability of appropriated funds. Enacting S. 1170 would not affect revenues. 

S. 1170 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 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. 1170. 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. 1170, as ordered reported. 

EXECUTIVE COMMUNICATIONS

Views of the Administration on S. 1170 were included in testimony provided by the Bureau of Land Management at the Subcommittee hearing as 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 

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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 

year. 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 

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 with 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. 

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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. 

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 and 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. 

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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 

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. 1170, as ordered reported. 

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