69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–632 

LESSER PRAIRIE CHICKEN NATIONAL HABITAT 

PRESERVATION AREA ACT OF 2008 

MAY 13, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3930] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3930) to provide for a land exchange involving State land 

and Bureau of Land Management land in Chavez and Dona Ana 

Counties, New Mexico, and to establish the Lesser Prairie Chicken 

National Habitat Preservation Area, and for other purposes, having 

considered the same, report favorably thereon with amendments 

and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Lesser Prairie Chicken National Habitat Preservation Area Act of 2008’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) STATE LAND.—The term ‘‘State land’’ means the approximately 13,236 

acres of State land, as depicted on the map. 

(2) MAP.—The term ‘‘map’’ means the map titled ‘‘Lesser Prairie Chicken National Habitat Preservation Area and Land Exchange’’ and dated April 30, 2008. 

(3) FEDERAL LAND.—The term ‘‘Federal land’’ means the land administered by 

the Secretary consisting of approximately 7,718 acres as depicted on the map. 

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

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

(6) COUNTY.—The term ‘‘County’’ means the County of Chaves. 

(7) PRESERVATION AREA.—The term ‘‘Preservation Area’’ means the Lesser 

Prairie Chicken National Habitat Preservation Area. 

SEC. 3. LAND EXCHANGE. 

(a) IN GENERAL.—The Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. 


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(b) CONSIDERATION.—As consideration for the conveyance of the Federal land 

under subsection (a), the State shall convey to the United States all right, title, and 

interest of the State in and to the State land. 

(c) INTERESTS INCLUDED IN EXCHANGE.—Subject to valid existing rights, the land 

exchange under this Act shall include the conveyance of all surface, subsurface, mineral, and water rights to the Federal land and State land. 

(d) COMPLIANCE WITH FEDERAL LAND POLICY AND MANAGEMENT ACT.—The Secretary shall carry out the land exchange under this Act in accordance with section 

206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) and 

other applicable laws. 

(e) NO AMENDMENT TO MANAGEMENT PLAN REQUIRED.—The exchange of Federal 

land and State land shall not require an amendment to the Mimbres Resource Management Plan. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions for the land exchange as the Secretary considers to be 

appropriate to protect the interests of the United States. 

SEC. 4. LESSER PRAIRIE CHICKEN NATIONAL HABITAT PRESERVATION AREA. 

(a) ESTABLISHMENT; PURPOSES.—There is established in the County the Lesser 

Prairie Chicken National Habitat Preservation Area to protect, conserve, and enhance habitat for the Lesser Prairie Chicken. 

(b) BOUNDARIES.—The Preservation Area shall consist of approximately 28,168 

acres of public land and 9,402 acres of land acquired under section 3 of this Act, 

as generally depicted on the map. 

(c) MAPS AND LEGAL DESCRIPTION.— (1) IN GENERAL.—Not later than 30 days after the date of the enactment of 

this Act, the Secretary shall submit to Congress a map and legal description 

of the Preservation Area. 

(2) FORCE AND EFFECT.—The map and legal description submitted under 

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

except that the Secretary may correct clerical and typographical errors in the 

map and legal description. 

(3) PUBLIC AVAILABILITY.—Copies of the map and legal description submitted 

under paragraph (1) shall be on file and available for public inspection in— (A) the Office of the Director of the Bureau of Land Management; 

(B) the Office of the State Director; 

(C) the Office of the Pecos District Manager of the Bureau of Land Management; and 

(D) the Office of the County Clerk in Roswell, New Mexico. 

SEC. 5. MANAGEMENT OF THE PRESERVATION AREA. 

(a) IN GENERAL.—The Secretary shall manage the Preservation Area— (1) in a manner that protects, conserves, and enhances the habitat for the 

Lesser Prairie Chicken; and 

(2) in accordance with—

(A) this Act; 

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

et seq.); and 

(C) any other applicable laws. 

(b) USES.—

(1) IN GENERAL.—The Secretary shall allow only uses of the Preservation Area 

that the Secretary determines will further the purposes for which the Preservation Area is established. 

(2) USE OF MOTORIZED VEHICLES.—Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles or mechanized transport in the Preservation Area shall be allowed only on roads and 

trails designated for vehicular use under the management plan so long as such 

use is in conformance with the purposes of this Act. 

(c) WITHDRAWALS.—Subject to valid existing rights, all land managed by the Bureau of Land Management within the Preservation Area and any land and interests 

in land acquired for the Preservation Area by the United States after the date of 

the enactment of this Act are withdrawn from—

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

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

(3) disposal under the mineral leasing, mineral materials, and geothermal 

leasing laws. 

(d) HUNTING AND TRAPPING.—

(1) IN GENERAL.—Subject to paragraph (2), hunting and trapping shall be allowed in the Preservation Area to the extent consistent with the protection and 

conservation of the Lesser Prairie Chicken. 


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(2) LIMITATIONS.— (A) REGULATIONS.—The Secretary may designate by regulation areas in 

which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting or trapping 

will be permitted in the Preservation Area. 

(B) CONSULTATION.—Except in emergencies, the Secretary shall consult 

with the appropriate State agency before promulgating regulations under 

subparagraph (A) that close a portion of the Preservation Area to hunting 

and trapping. 

(e) GRAZING.—The Secretary may allow grazing solely for the purpose of vegetative management to enhance Lesser Prairie Chicken habitat. 

(f) ACTIVITIES OUTSIDE PRESERVATION AREA.—The fact that an activity or use of 

land is not permitted on land within the Preservation Area shall not preclude the 

activity or use outside the boundary of the Preservation Area or on private land 

within the Preservation Area, consistent with other applicable law. 

(g) ACQUISITION OF LAND.— (1) IN GENERAL.—The Secretary may acquire land in the Preservation Area 

only—(A) from a willing seller; and 

(B) through purchase, exchange, or donation. 

(2) MANAGEMENT.—Land acquired under paragraph (1) shall be managed as 

part of the Preservation Area in accordance with this Act. 

(h) INTERPRETATIVE SITES.—The Secretary may establish sites in the Preservation 

Area to permit the interpretation of the historical, cultural, scientific, archaeological, natural, and education resources of the Preservation Area. 

SEC. 6. MANAGEMENT PLAN. 

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

Act, the Secretary shall develop a comprehensive plan for the long-range protection 

and management of the Preservation Area. 

(b) CONTENTS.—The management plan shall— (1) describe the appropriate uses and management of the Preservation Area 

in accordance with— (A) this Act; 

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

et seq.); and 

(C) other applicable laws; 

(2) incorporate, as appropriate, decisions in any other management or activity 

plan for the land within or adjacent to the Preservation Area; and 

(3) take into consideration— (A) any information developed in studies of the land within or adjacent 

to the Preservation Area; and 

(B) the historical involvement of the local community in the interpretation and protection of the resources of the Preservation Area. 

Amend the title so as to read: 

A bill to provide for a land exchange involving State land and Bureau of Land 

Management land in Chaves and Dona Ana Counties, New Mexico, and to establish 

the Lesser Prairie Chicken National Habitat Preservation Area, and for other purposes. 

PURPOSE OF THE BILL

The purpose of H.R. 3930 is to provide for a land exchange involving State of New Mexico land and Bureau of Land Management land in Chaves and Dona Ana Counties, New Mexico, and to 

establish the Lesser Prairie Chicken National Habitat Preservation 

Area, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

The Lesser Prairie Chicken is a grassland-nesting bird whose 

range once consisted of the dry, short-grass prairies of Kansas, Colorado, Oklahoma, New Mexico, and Texas. Once abundant throughout the region, a decline in habitat quality due to herbicide use, energy and mineral development, and excessive grazing is significantly affecting populations of the bird. A long-term drought in the 


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West has put even further stress on the remaining populations. It 

is estimated that the occupied range of the Lesser Prairie Chicken 

has been reduced by more than 90 percent. The U.S. Fish and 

Wildlife Service now considers the Lesser Prairie Chicken to be a 

candidate species under the Endangered Species Act. 

The Sand Dune Lizard is a small reptile that is specialized to 

live only in what is known as the ‘‘sand dune blow-out, shinnery 

oak’’ habitat, which is unique to southeastern New Mexico and a 

few remaining areas of West Texas, and which is found within the 

proposed Preservation Area. Habitat destruction due to oil and gas 

development and overgrazing, as well as the use of herbicides to remove the shinnery oak, has resulted in the sand dune lizard being 

listed as a candidate species under the Endangered Species Act. 

H.R. 3930, as amended, would provide for the exchange of state 

of New Mexico land and federal land administered by the Bureau 

of Land Management (BLM) in Chavez and Dona Ana counties to 

establish the Lesser Prairie Chicken National Habitat Preservation 

Area for the purpose of protecting, conserving and enhancing habitat primarily for the lesser prairie chicken, but also for the sand 

dune lizard. The bill will also provide for the management of the 

Preservation Area. This National Habitat Preservation Area would 

be the first of its kind. 

COMMITTEE ACTION

H.R. 3930 was introduced on October 23, 2007 by Representative 

Steve Pearce (R–NM). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests and Public Lands. On April 24, 2008, 

the Subcommittee held a hearing on the bill, during which a representative from the Interior Department testified in support of the 

land exchange because it would consolidate federal ownership and 

management of habitat for the Lesser Prairie Chicken and the 

Sand Dune Lizard. However, the administration testified that technical changes were needed, as well as assurance that the acreage 

on the map of the area was current. 

On April 30, 2008, the full Natural Resources Committee met to 

consider the bill. The Subcommittee was discharged from further 

consideration of H.R. 3930. Representative Steve Pearce (R–NM) 

offered an amendment in the nature of a substitute. The amendment included technical changes addressing the Interior Department’s concerns. The Pearce amendment was agreed to by voice 

vote. The bill, as amended, was then ordered favorably reported to 

the House of Representatives by voice vote. 

SECTION–BY–SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘‘Lesser Prairie Chicken National Habitat Preservation Area Act of 2008.’’

Section 2. Definitions 

Section 2 defines the terms used in this Act. 


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Section 3. Land exchange 

Subsection (a) provides that the Secretary of the Interior may 

convey to the State of New Mexico all right, title and interest of 

the United States in and to the federal land defined in this Act and 

depicted on the map titled, ‘‘Lesser Prairie Chicken National Habitat Preservation Area and Land Exchange’’ and dated April 30, 

2008. 

Subsection (b) provides that as consideration for the conveyance 

of the federal land under subsection (a), the State of New Mexico 

shall convey to the United States all right, title and interest of the 

State in and to the state land defined in this Act and depicted on 

the April 30, 2008 map. 

Subsection (c) provides that land exchanged under this Act shall 

include the conveyance of all surface, subsurface, mineral and 

water rights to the federal land and the state land, subject to valid 

existing rights. 

Subsection (d) provides that the Secretary must carry out this 

land exchange in accordance with section 206 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1716) and other applicable laws. 

Subsection (e) provides that this land exchange shall not require 

an amendment to the Mimbres Resource Management Plan. 

Subsection (f) allows that the Secretary may require additional 

terms and conditions to apply to the land exchange if the Secretary 

deems them appropriate to protect the interests of the United 

States. 

Section 4. Lesser Prairie Chicken National Habitat Preservation 

Area 

Subsection (a) establishes the Lesser Prairie Chicken National 

Habitat Preservation Area and provides that the purposes of the 

Preservation Area are to protect, conserve and enhance habitat for 

the Lesser Prairie Chicken. 

Subsection (b) defines the boundaries of the Preservation Area as 

consisting of approximately 28,168 acres of public land and 9,402 

acres of land acquired under section 3 of this Act. 

Subsection (c) provides that (1) no later than 30 days after the 

date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Preservation Area; and 

that, (2) this map and legal description shall have the same force 

and effect as if included in this Act (except that the Secretary may 

correct clerical and typographical errors). Subsection (c) also directs 

that copies of the map and legal description be on file and made 

available to the public at several locations specified in the bill. 

Section 5. Management of the Preservation Area 

Subsection (a) provides that the Secretary shall manage the 

Preservation Area in a manner that protects, conserves and enhances the habitat for the Lesser Prairie Chicken; and also in accordance with this Act; the Federal Land Policy and Management 

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

Subsection (b) provides for the uses of the Preservation Area and 

states that the Secretary shall only allow uses of the Preservation 

Area that the Secretary determines will further the purposes for 

which the Preservation Area is established. Paragraph (2) of this 


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subsection provides that, except for administrative purposes or to 

respond to an emergency, the use of motorized vehicles or mechanized transport in the Preservation Area shall be allowed only on 

roads and trails designated for vehicular use under the management plan, so long as such use is in conformance with the purposes 

of this Act. 

Subsection (c) provides for withdrawal of the land within the 

Preservation Area. It directs that, subject to valid existing rights, 

all land managed by the Bureau of Land Management within the 

Preservation Area, and any land and interests in land acquired for 

the Preservation Area by the United States after the date of the 

enactment of this Act, will be withdrawn from all forms of entry, 

appropriation, or disposal under the public lands laws; location, 

entry, and patent under the mining laws; and disposal under the 

mineral leasing, mineral materials, and geothermal leasing laws. 

Subsection (d) authorizes limited hunting and trapping within 

the Preservation Area. Paragraph (1) provides that, subject to the 

limitations contained in paragraph (2), hunting and trapping shall 

be allowed in the Preservation Area, to the extent consistent with 

the protection and conservation of the Lesser Prairie Chicken. 

Paragraph (2) defines these limitations by providing that the Secretary may designate, by regulation, areas within the Preservation 

Area where hunting or trapping is not permitted and may establish 

periods during which, for reasons of public safety, administration, 

or compliance with applicable laws, no hunting or trapping will be 

permitted. In carrying out such authorities, the Secretary shall 

consult with the appropriate state agency before promulgating regulations to close a portion of the Preservation Area to hunting and 

trapping, except in emergencies. 

Subsection (e) provides that the Secretary may allow grazing for 

the sole purpose of vegetative management to enhance the Lesser 

Prairie Chicken habitat. 

Subsection (f) states that the prohibition of an activity or use of 

land within the Preservation Area shall not preclude the activity 

or use outside the boundary of the Preservation Area or on private 

land within the Preservation Area, consistent with other applicable 

law. 

Subsection (g) provides for the acquisition of land. Paragraph (1) 

states that the Secretary may acquire land in the Preservation 

Area only from a willing seller through purchase, exchange or donation. Paragraph (2) provides that the land acquired shall be 

managed as part of the Preservation Area in accordance with this 

Act. 

Subsection (h) allows for interpretive sites. It provides that the 

Secretary may establish such sites in the Preservation Area to permit the interpretation of the historical, cultural, scientific, archeological, natural, and education resources of the Preservation Area. 

Section 6. Management plan 

Subsection (a) directs the Secretary to develop a comprehensive 

plan for the long-range protections and management of the Preservation Area within one year of the date of enactment of this Act. 

Subsection (b) requires that the management plan shall describe 

the appropriate uses and management of the Preservation Area in 

accordance with this Act; the Federal Land Policy and ManageVerDate Aug 31 2005 06:31 May 15, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR632.XXX HR632

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ment Act of 1976 (43 U.S.C. 1701 et seq.); and other applicable 

laws. It also requires that the management plan shall incorporate, 

as appropriate, decisions in any other management or activity plan 

for the land within or adjacent to the Preservation Area take into 

consideration any information developed in studies of the land 

within or adjacent to the Preservation Area as well as the historical involvement of the local community in the interpretation and 

protection of the resources of the Preservation Area. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3, of the Constitution 

of the United States grants Congress the authority to enact this 

bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to provide for a land exchange involving State of New 

Mexico land and Bureau of Land Management land in Chaves and 

Dona Ana Counties, New Mexico, and to establish the Lesser Prairie Chicken National Habitat Preservation Area. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 3930—Lesser Prairie Chicken National Habitat Preservation 

Area Act of 2008 

H.R. 3930 would establish the Lesser Prairie Chicken National 

Habitat Preservation Area on about 37,000 acres of land in New 

Mexico. Based on information provided by the Bureau of Land 

Management (BLM), which would manage the preservation area, 

CBO estimates that implementing H.R. 3930 would cost about 

$800,000 over the next three years. We estimate that enacting the 


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legislation would have no significant effect on direct spending or 

revenues. 

H.R. 3930 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. State and 

local governments could benefit from grants authorized by the bill. 

Under H.R. 3930, BLM would convey to New Mexico about 7,700 

acres of land within the state in exchange for about 13,000 acres 

of nearby state property. Most of the land to be conveyed by New 

Mexico would be added to existing BLM holdings of about 28,000 

acres to form the new preservation area. In addition, BLM would 

be authorized to acquire private lands within the boundaries of the 

preservation area. All land within that area would be withdrawn, 

subject to valid existing rights, from programs to commercially develop public lands, except that grazing would be allowed in certain 

situations. Finally, BLM would prepare a comprehensive plan for 

the new preservation area and would develop signs and other exhibits to help interpret the area’s historical and natural resources. 

CBO estimates that BLM would spend about $300,000 to acquire 

about 300 acres of private land for the preservation area over the 

next three years. We estimate that an additional $500,000 would 

be spent for one-time planning, interpretation, and other activities 

to protect and develop resources within the new preservation area, 

including surveying and other activities related to the property exchange. Finally, we estimate that ongoing costs to manage newly 

acquired acreage within and near the area would be minimal. 

For this estimate, CBO assumes that the properties to be exchanged would be determined by NPS to be roughly equal in value. 

Also, we expect that the federal acreage to be conveyed to New 

Mexico will generate no income over the next 10 years; therefore, 

offsetting receipts (a credit against direct spending) would not be 

affected by the bill. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 3930 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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