49–010 

Calendar No. 214 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–134 

CERROS DEL NORTE CONSERVATION ACT 

SEPTEMBER 9, 2015.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1240] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1240) to designate the Cerro del Yuta and Rı ́o 

San Antonio Wilderness Areas in the State of New Mexico, and for 

other purposes, having considered the same, reports favorably 

thereon with amendments and recommends that the bill, as 

amended, do pass. 

The amendments are as follows: 

On page 2, lines 1 and 2, strike ‘‘May 2, 2013’’ and insert ‘‘July 

28, 2015’’. 

On page 2, line 24, strike ‘‘8,000’’ and insert ‘‘8,120’’. 

PURPOSE

The purpose of S. 1240 is to designate the Cerro del Yuta and 

Rı ́o San Antonio Wilderness Areas in the State of New Mexico, and 

for other purposes. 

BACKGROUND AND NEED

On March 25, 2013, President Obama established the Rio Grande 

del Norte National Monument by Presidential Proclamation under 

the authority of the Antiquities Act. The Rio Grande del Norte National Monument lies north of Taos on the border with Colorado. 

The area includes the Cerro de la Olla, Cerro San Antonio, and the 

Cerro del Yuta volcanic cones. 

S. 1240 would designate two wilderness areas in the Rio Grande 

del Norte National Monument—the 13,420-acre Cerro del Yuta 

Wilderness and the 8,120-acre Rı ́o San Antonio Wilderness. These 

areas are currently managed by the Bureau of Land Management 


rfrederick on DSK6VPTVN1PROD with HEARING
2 

as wilderness study areas. S. 1240 would also release approximately 65 acres of land currently in wilderness study status to 

multiple use. 

S. 1240 is needed because only Congress can designate a component of the National Wilderness Preservation System. 

LEGISLATIVE HISTORY

In the 113th Congress, Senators Udall of New Mexico and Heinrich introduced S. 241, a similar bill to S. 1240, on February 7, 

2013. In the House, Representative Luja ́n introduced a similar bill, 

H.R. 560, on February 6, 2013. The Subcommittee on Public Lands, 

Forests, and Mining held a hearing on the bill on April 25, 2013, 

and the Committee on Energy and Natural Resources reported S. 

241, with an amendment in the nature of a substitute, by a majority vote of a quorum present, on June 27, 2013 (S. Rept. 113–54). 

S. 1240 was introduced by Senators Heinrich and Udall on May 

7, 2015. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on the bill on May 21, 2015. In the House of Representatives, a companion bill, H.R. 1792, was introduced by Representative Stewart on April 14, 2015. 

The Committee on Energy and Natural Resources, met in open 

business session on July 30, 2015, and ordered S. 1240 favorably 

reported as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on July 30, 2015, by a majority voice vote of 

a quorum present, recommends that the Senate pass S. 1240, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 1240, the Committee adopted two 

technical and clarifying amendments. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Cerros del Norte Conservation Act.’’ 

Section 2 contains definitions. 

Section 3(a) designates approximately 13,420 acres of land as the 

Cerro del Yuta wilderness and approximately 8,120 acres of land 

as the Rı ́o San Antonio Wilderness and designates these wilderness 

areas as components of the National Wilderness Preservation System. Section 3(b) requires that the wilderness areas be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et 

seq.), except that any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this act and any reference to the Secretary of Agriculture 

shall be a reference to the Secretary of Interior. Section 3(c) requires that any land or interest in land acquired by the United 

States that is within the boundary of the wilderness area become 

part of the wilderness area and be managed in accordance with all 

applicable laws. Section 3(d) continues grazing of livestock in the 

wilderness areas where established before the date of enactment of 

this Act and in accordance with the Wilderness Act and the guideVerDate Sep 11 2014 02:01 Sep 13, 2015 Jkt 049010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR134.XXX SR134

rfrederick on DSK6VPTVN1PROD with HEARING
3 

lines set forth in appendix A of House Report 101–405. Section 3(e) 

clarifies that nothing in this Act creates a protective buffer zone 

around the wilderness areas and that activities outside the wilderness boundaries shall not be precluded by the fact they can be seen 

or heard within the boundary of the wilderness areas. Section 3(f) 

releases those portions of the San Antonio Wilderness Study Area 

that are not designated as wilderness in this Act are no longer subject to the wilderness study provisions under section 603(c) of the 

Federal Land Policy and Management Act and shall be managed 

in accordance with this Act. Section 3(g) requires that the Secretary file a map and legal descriptions of the wilderness areas 

with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives and that the map and legal descriptions be on file and 

available for public inspection in the appropriate offices of the Bureau of Land Management. Section 3(h) directs the Secretary to 

manage the wilderness areas as components of the National Landscape Conservation System. Section 3(i) clarifies that nothing in 

this Act affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public lands in the State. Section 3(j) removes any land within the areas designated by this Act, 

except where subject to valid existing rights, from entry, appropriation, or disposal under the public lands laws, location, entry, and 

patent under the mining laws, and operation of the mineral leasing, mineral materials, and geothermal leasing laws. Section 3(k) 

states that nothing in this Act enlarges, diminishes, or otherwise 

modifies any treaty rights. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1240—Cerros del Norte Conservation Act 

S. 1240 would designate two parcels of land within the Rio 

Grande del Norte National Monument as wilderness areas. Based 

on information provided by the Bureau of Land Management 

(BLM), CBO estimates that implementing the legislation would 

have no significant effect on the federal budget. Because enacting 

S. 1240 would not affect direct spending or revenues, pay-as-yougo procedures do not apply. 

Under S. 1240, roughly 22,000 acres of federal land would be 

designated as part of the National Wilderness Preservation System. BLM, which manages the affected acreage, would be required 

to create new maps for the area. In addition, under the bill, the affected lands would not be available for developing natural resources but would still be available for grazing under existing 

agreements. 

Because the affected lands are already protected for conservation 

and wilderness values, CBO estimates that implementing the bill 

would have no significant effect on the cost of administering the 

area. We also expect that any costs to modify existing maps and 

other materials would be minimal. Finally, because the affected 

lands currently produce no income (and are not expected to do so 

in the future), we estimate that enacting the bill would not affect 

offsetting receipts. 


rfrederick on DSK6VPTVN1PROD with HEARING
4 

S. 1240 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by H. Samuel Papenfuss, 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. 1240. 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. 1240, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1240, 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 21, 2015, Public Lands, Forests and Mining Subcommittee 

hearing on S. 1240 follows: 

STATEMENT OF TIMOTHY M. MURPHY, ACTING ASSISTANT

DIRECTOR, NATIONAL CONSERVATION LANDS & COMMUNITY PARTNERSHIPS, BUREAU OF LAND MANAGEMENT, 

DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 1240, the 

Cerros del Norte Conservation Act. On March 25, 2013, 

President Obama designated the Rı ́o Grande del Norte National Monument on 242,555 acres of land administered by 

the Bureau of Land Management (BLM) in northern New 

Mexico. This legislation includes the designation of two 

wilderness areas within the new Rı ́o Grande del Norte National Monument—the proposed 13,420-acre Cerro del 

Yuta Wilderness and 8,000-acre Rı ́o San Antonio Wilderness. The Department supports the designation of these 

two new wilderness areas. 

BACKGROUND

The Rı ́o Grande del Norte National Monument lies north 

of Taos on the border with Colorado and straddles New 

Mexico’s Taos and Rio Arriba Counties. Rising in stark 

contrast from the monument’s broad expanse, the Cerro de 

la Olla, Cerro San Antonio, and Cerro del Yuta volcanic 

cones provide visible reminders of the area’s volatile past. 

Between these mountains, the dramatic gorge of the Rı ́o 


rfrederick on DSK6VPTVN1PROD with HEARING
5 

Grande Wild & Scenic River is carved into the landscape, 

revealing the dark basalt beneath the surface of the Taos 

plateau. 

The proposed Cerro del Yuta Wilderness has at its centerpiece a symmetrical volcanic dome soaring to over 

10,000 feet in altitude. Covered by ponderosa, Douglas fir, 

aspen, and spruce on the north side, and pinyon and juniper on the south side, the mountain provides important 

habitat for wildlife, including the herds of elk that draw 

hunters to the area. The volcanic dome provides an outstanding opportunity for peak climbing, and the forested 

slopes create a strong sense of solitude. 

The proposed Rı ́o San Antonio Wilderness consists of a 

flat plain bisected by the Rı ́o San Antonio. This grassland 

plain is dotted with occasional juniper, while the river sits 

200 feet below the surface of the plateau at the bottom of 

a rugged gorge, the depths of which provide a microclimate 

for riparian vegetation, Douglas fir, and spruce. Visitors 

can find outstanding opportunities for solitude as they explore the gorge, which abruptly drops out of sight from the 

rest of the area. Protecting these characteristics will help 

to ensure that recreationists will continue to visit the area, 

bringing economic benefits to the local community. 

S. 1240

S.1240 designates two wilderness areas on BLM-managed lands within the new National Monument—the proposed 13,420-acre Cerro del Yuta Wilderness and 8,000- 

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

the definition of wilderness in the Wilderness Act of 1964: 

they are largely untouched by humans, have outstanding 

opportunities for solitude or primitive and unconfined 

recreation, are over 5,000 acres in size, and contain important geological, biological, and scientific features. We support the designation of these areas as wilderness, and 

would appreciate the opportunity to work with the sponsor 

on potential boundary modifications for manageability. 

CONCLUSION

President Obama’s designation of the Rı ́o Grande del 

Norte National Monument was a tribute to both the area’s 

extraordinary value and the steadfast support of the surrounding community for protecting this magnificent place. 

The Department supports S. 1240 in its designation of 

some of the new Rı ́o Grande del Norte National Monument’s wildest lands as wilderness. 

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. 1240, as ordered reported. 

Æ 


rfrederick on DSK6VPTVN1PROD with HEARING