29–010 

Calendar No. 108 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–54 

RI ́O GRANDE DEL NORTE NATIONAL CONSERVATION 

AREA ESTABLISHMENT 

JUNE 27, 2013.—Ordered to be printed 

Mr. WYDEN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 241] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 241) 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 

with an amendment and an amendment to the title and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. 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 ‘‘Cerros del Norte Conservation Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) MAP.—The term ‘‘map’’ means the map entitled ‘‘Rı ́o Grande del Norte National Monument Proposed Wilderness Areas’’ and dated May 2, 2013. 

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

(3) WILDERNESS AREA.—The term ‘‘wilderness area’’ means a wilderness area 

designated by section 3(a). 

SEC. 3. DESIGNATION OF RI ́O GRANDE DEL NORTE WILDERNESS AREAS. 

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

the following areas in the Rı ́o Grande del Norte National Monument are designated 

as wilderness and as components of the National Wilderness Preservation System: 

(1) CERRO DEL YUTA WILDERNESS.—Certain land administered by the Bureau 

of Land Management in Taos County, New Mexico, comprising approximately 

13,420 acres as generally depicted on the map, which shall be known as the 

‘‘Cerro del Yuta Wilderness’’. 

(2) R ́

IO SAN ANTONIO WILDERNESS.—Certain land administered by the Bureau 

of Land Management in Rı ́o Arriba County, New Mexico, comprising approxiVerDate Mar 15 2010 01:47 Jul 02, 2013 Jkt 029010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\SR054.XXX SR054

jbell on DSK7SPTVN1PROD with REPORTS
2 

mately 8,000 acres, as generally depicted on the map, which shall be known as 

the ‘‘Rı ́o San Antonio Wilderness’’. 

(b) MANAGEMENT OF WILDERNESS AREAS.—Subject to valid existing rights, the 

wilderness areas shall be administered in accordance with the Wilderness Act (16 

U.S.C. 1131 et seq.) and this Act, except that with respect to the wilderness areas 

designated by this Act— 

(1) 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 

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

be considered to be a reference to the Secretary. 

(c) INCORPORATION OF ACQUIRED LAND AND INTERESTS IN LAND.—Any land or interest in land within the boundary of the wilderness areas that is acquired by the 

United States shall— 

(1) become part of the wilderness area in 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, 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) BUFFER ZONES.— (1) IN GENERAL.—Nothing in this Act creates a protective perimeter or buffer 

zone around the wilderness areas. 

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

on land outside a wilderness area can be seen or heard within the wilderness 

area shall not preclude the activity or use outside the boundary of the wilderness area. (f) 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 within the San Antonio Wilderness Study Area not designated as wilderness by this section— 

(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 this Act. 

(g) MAPS AND LEGAL DESCRIPTIONS.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this 

Act, the Secretary shall file the map and legal descriptions of the wilderness 

areas with— 

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

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

(2) FORCE OF LAW.—The map 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 legal description and map. 

(3) PUBLIC AVAILABILITY.—The map 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. 

(h) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The wilderness areas shall be 

administered as components of the National Landscape Conservation System. 

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

of New Mexico with respect to fish and wildlife located on public land in the State. 

(j) WITHDRAWALS.—Subject to valid existing rights, any Federal land within the 

wilderness areas designated by subsection (a), including any land or interest in land 

that is acquired by the United States after the date of enactment of this Act, is 

withdrawn from— 

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

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

(3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. 

(k) TREATY RIGHTS.—Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. 

2. Amend the tile so as to read: ‘‘A bill to establish certain wilderness areas in the Rı ́o Grande del Norte National Monument, 

New Mexico, and for other purposes.’’. 


jbell on DSK7SPTVN1PROD with REPORTS
3 

PURPOSE

The purpose of S. 241, as ordered reported, is to designate the 

13,420-acre Cerro del Yuta Wilderness and 8,000-acre Rı ́o San Antonio Wilderness within the Rı ́o Grande del Norte National Monument in New Mexico. 

BACKGROUND AND NEED

On March 25, 2013, President Obama established the Rı ́o Grande 

del Norte National Monument by Presidential proclamation. The 

Rı ́o Grande del Norte National Monument encompasses approximately 242,555 acres and 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. Between these mountains is the Rı ́o Grande Wild 

& Scenic River gorge. 

As introduced, S. 241 would have designated a national conservation area including approximately the same lands covered by the 

national monument designation. The legislation also designated 

two wilderness areas within the proposed national conservation 

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

acre Rı ́o San Antonio Wilderness. These areas 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—and are 

currently administered as a Wilderness Study Areas. 

Since wilderness areas may only be designated by an Act of Congress, legislation is necessary to designate Rı ́o San Antonio Wilderness and Cerro del Yuta Wilderness within the Rı ́o Grande del 

Norte National Monument. 

LEGISLATIVE HISTORY

S. 241 was introduced by Senators Udall of New Mexico and 

Heinrich on February 7, 2013. The Subcommittee on Public Lands, 

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

At its business meeting on May 16, 2013, the Committee ordered 

S. 241 favorably reported with an amendment in the nature of a 

substitute. 

In the 112th Congress, the Committee held a hearing on S. 667 

on March 29, 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 (S. Rept. 112–113). 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in 

open business session on May 16, 2013, by majority vote of a 

quorum present, recommends that the Senate pass S. 241, if 

amended as described herein. 

The rollcall vote on reporting the measure was 15 yeas, 7 nays 

as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
4 

Yeas Nays 

Mr. Wyden Ms. Murkowski 

Mr. Johnson Mr. Barrasso 

Ms. Landrieu Mr. Risch 

Ms. Cantwell Mr. Lee * 

Mr. Sanders * Mr. Flake 

Ms. Stabenow Mr. Scott 

Mr. Udall * Mr. Hoeven 

Mr. Franken 

Mr. Manchin 

Mr. Coons * 

Mr. Schatz 

Mr. Heinrich 

Mr. Heller * 

Mr. Alexander 

Mr. Portman * 

* Indicates vote by proxy. 

COMMITTEE AMENDMENTS

During its consideration of S. 241, the Committee adopted an 

amendment in the nature of a substitute. As originally introduced, 

S. 241 would have established the Rı ́o Grande del Norte National 

Conservation Area and would have designated wilderness areas 

within the conservation area. The Rı ́o Grande del Norte National 

Monument was established by Presidential Proclamation 8946 on 

March 25, 2013 (78 FR 18783). With the establishment of the Rı ́o 

Grande del Norte National Monument, the provision in S. 241 establishing the conservation area was no longer necessary. However, 

the substitute amendment retained the designation of the two wilderness areas with the monument, and made other technical and 

conforming change. The substitute amendment is described in detail in the section-by-section analysis, below. 

SECTION-BY-SECTION ANALYSIS

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

Section 2 defines key terms used in the bill. 

Section 3(a)(1) designates 13,420 acres of land managed by the 

Bureau of Land Management in Taos County, New Mexico, as the 

Cerro del Yuta wilderness and as a component of National Wilderness Preservation System. 

Paragraph (2) designates 8,000 acres of land administered by the 

Bureau of Land Management in Rı ́o Arriba County, New Mexico, 

as the Rı ́o San Antonio wilderness and as component of the National Wilderness Preservation System. 

Subsection (b) requires that the wilderness area 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 (Secretary). 

Subsection (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. 

Subsection (d) authorizes grazing within the wilderness area 

where established prior to the enactment of this Act, in accordance 


jbell on DSK7SPTVN1PROD with REPORTS
5 

with section 4(d)(4) of the Wilderness Act and the guidelines set 

forth in appendix A of the Report of the Committee on Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101– 

405). 

Subsection (e) clarifies that the Act does not create any buffer 

zones 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. 

Subsection (f) releases those public lands within the San Antonio 

Wilderness study area not designated as wilderness by this Act 

from the wilderness study provisions of Section 603(c) the Federal 

Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). 

Subsection (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. 

Subsection (h) directs the Secretary to manage the wilderness 

areas as components of the National Landscape Conservation System. 

Subsection (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. 

Subsection (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. 241—Cerros del Norte Conservation Act 

S. 241 would designate two parcels of land within the Rı ́o 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 impact on the federal budget. Enacting S. 241 would not affect 

direct spending or revenues; therefore, pay-as-you-go procedures do 

not apply. 

Under S. 241, about 21,000 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 


jbell on DSK7SPTVN1PROD with REPORTS
6 

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

offsetting receipts. 

S. 241 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

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. 241. 

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. 241, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 241, 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 April 25, 2013, Subcommittee on Public Lands and Forests 

hearing on S. 241 follows: 

STATEMENT OF JAMIE CONNELL, ACTING DEPUTY DIRECTOR, BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to testify on S. 241, the 

Rı ́o Grande del Norte National Conservation Area Establishment Act. On March 25, 2013, President Obama designated the Rı ́o Grande del Norte National Monument on 

242,000 acres of land administered by the Bureau of Land 

Management (BLM) in northern New Mexico. This designation closely mirrors the National Conservation Area 

(NCA) designation in S. 241. However, section 4 of S. 241 

also includes the designation of two wilderness areas within the new Rı ́o Grande del Norte National Monument—the 

proposed 13,320-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 Rı ́o 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 


jbell on DSK7SPTVN1PROD with REPORTS
7 

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

Between these mountains, the dramatic gorge of the Rı ́o 

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 

two-hundred 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 tourists will continue to 

visit the area, bringing economic benefits to the local community. 

S. 241, Section 4 

S. 241 (section 4) 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 outlined in the Wilderness Act of 1964: they are largely untouched by humans, have outstanding opportunities for solitude and 

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. The BLM would be happy to work 

with the Sponsor and the Committee to create a new map 

for the legislation reflecting both the existing national 

monument and the two proposed wilderness areas. 

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 for protecting this magnificent place. The Department supports S. 

241 in its designation of some of the new national monument’s wildest lands as wilderness. 


jbell on DSK7SPTVN1PROD with REPORTS
8 

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. 241, as ordered reported. 

Æ 


jbell on DSK7SPTVN1PROD with REPORTS