II 

Calendar No. 264 

109TH CONGRESS 

1ST SESSION S. 1170 

[Report No. 109–163] 

To establish the Fort Stanton-Snowy River National Cave Conservation Area. 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2005 

Mr. DOMENICI (for himself and Mr. BINGAMAN) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

OCTOBER 27, 2005 

Reported by Mr. DOMENICI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish the Fort Stanton-Snowy River National Cave 

Conservation Area. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Stanton-Snowy 

5 River National Cave Conservation Area Act’’. 
2 

•S 1170 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the Fort Stanton-Snowy 

5 River National Cave Conservation Area established 

6 by section 3(a). 

7 (2) MANAGEMENT PLAN.—The term ‘‘manage8 ment plan’’ means the management plan developed 

9 for the Conservation Area under section 4(c). 

10 (3) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior, acting through the Di12 rector of the Bureau of Land Management. 

13 SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER 

14 NATIONAL CAVE CONSERVATION AREA. 

15 (a) IN GENERAL.—There is established the Fort 

16 Stanton-Snowy River National Cave Conservation Area in 

17 Lincoln County, New Mexico, to secure, protect, and con18 serve subterranean natural and unique features and envi19 rons for scientific, educational, and other appropriate pub20 lic uses. 

21 (b) BOUNDARIES.—The Conservation Area shall in22 clude— 

23 (1) the minimum subsurface area necessary to 

24 provide for the Fort Stanton Cave, including the 

25 Snowy River passage in its entirety (which may in26 clude other significant caves); and 
3 

•S 1170 RS

1 (2) the minimum surface acreage, as deter2 mined by the Secretary, that is necessary to provide 

3 access to the cave entrance. 

4 (c) MAP AND LEGAL DESCRIPTION.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, the Secretary 

7 shall prepare a map and legal description of the 

8 Conservation Area. 

9 (2) EFFECT.—The map and legal description of 

10 the Conservation Area shall have the same force and 

11 effect as if included in this Act, except that the Sec12 retary may correct any minor errors in the map and 

13 legal description. 

14 (3) PUBLIC AVAILABILITY.—The map and legal 

15 description of the Conservation Area shall be avail16 able for public inspection in the appropriate offices 

17 of the Bureau of Land Management. 

18 SEC. 4. ADMINISTRATION OF CONSERVATION AREA. 

19 (a) IN GENERAL.—The Secretary shall administer 

20 the Conservation Area— 

21 (1) in accordance with the laws (including regu22 lations) applicable to public land and the manage23 ment plan required by this Act; and 

24 (2) in a manner that provides for— 
4 

•S 1170 RS

1 (A) the conservation and protection of the 

2 natural and unique features and environs for 

3 scientific, educational, and other appropriate 

4 public uses of the Conservation Area; 

5 (B) public access, as appropriate, while 

6 providing for the protection of the cave re7 sources and for public safety; 

8 (C) the continuation of other existing uses 

9 and new uses of the Conservation Area that do 

10 not substantially impair the purposes for which 

11 the Conservation Area is established; 

12 (D) the protection of new caves within the 

13 Conservation Area, such as the Snowy River 

14 passage within Fort Stanton Cave; 

15 (E) the continuation of such uses on the 

16 surface acreage as exist under management ac17 tion in place prior to designation of the Con18 servation Area by this Act; and 

19 (F) scientific investigation and research 

20 opportunities within the Conservation Area, in21 cluding through partnerships with colleges, uni22 versities, schools, scientific institutions, re23 searchers, and scientists to conduct research 

24 and provide educational and interpretive serv25 ices within the Conservation Area. 
5 

•S 1170 RS

1 (b) WITHDRAWALS.—Subject to valid existing rights, 

2 all Federal surface and subsurface land within the Con3 servation Area and all land and interests in the surface 

4 and subsurface land that are acquired by the United 

5 States after the date of enactment of this Act for inclusion 

6 in the Conservation Area, are withdrawn from— 

7 (1) all forms of entry, appropriation, or disposal 

8 under the general land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) operation under the mineral leasing and 

12 geothermal leasing laws. 

13 (c) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, the Secretary 

16 shall develop a comprehensive plan for the long-term 

17 management of the Conservation Area. 

18 (2) PURPOSES.—The management plan shall— 

19 (A) describe the appropriate uses and 

20 management of the Conservation Area; 

21 (B) incorporate, as appropriate, decisions 

22 contained in any other management or activity 

23 plan for the land within or adjacent to the Con24 servation Area; 
6 

•S 1170 RS

1 (C) take into consideration any informa2 tion developed in studies of the land and re3 sources within or adjacent to the Conservation 

4 Area; and 

5 (D) engage in a cooperative agreement 

6 with Lincoln County, New Mexico, to address 

7 the historical involvement of the local commu8 nity in the interpretation and protection of the 

9 resources of the Conservation Area. 

10 (d) ACTIVITIES OUTSIDE CONSERVATION AREA.— 

11 (1) IN GENERAL.—The fact that an activity or 

12 use is not permitted inside the Conservation Area 

13 shall not preclude— 

14 (A) the conduct of the activity on land, or 

15 the use of land for the activity, outside the 

16 boundary of the Conservation Area, consistent 

17 with other applicable laws (including regula18 tions); or 

19 (B) any activity or use, including new uses, 

20 on the surface land above the Conservation 

21 Area or on any land appurtenant to that sur22 face land. 

23 (2) MANAGEMENT.—The surface land described 

24 in paragraph (1)(B) shall continue to be managed 
7 

•S 1170 RS

1 for multiple uses in accordance with all applicable 

2 laws (including regulations). 

3 (e) RESEARCH AND INTERPRETIVE FACILITIES.— 

4 (1) IN GENERAL.—The Secretary may establish 

5 facilities for— 

6 (A) the conduct of scientific research; and 

7 (B) the interpretation of the historical, cul8 tural, scientific, archaeological, natural, and 

9 educational resources of the Conservation Area. 

10 (2) COOPERATIVE AGREEMENTS.—The Sec11 retary may enter into cooperative agreements with 

12 the State of New Mexico and other institutions and 

13 organizations to carry out the purposes of this Act. 

14 (f) WATER RIGHTS.—Nothing in this Act constitutes 

15 an express or implied reservation of any water right. 

16 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

17 There are authorized to be appropriated such sums 

18 as are necessary to carry out this Act. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘Fort Stanton-Snowy 

21 River National Cave Conservation Area Act’’. 

22 SEC. 2. DEFINITIONS. 

23 In this Act: 

24 (1) CONSERVATION AREA.—The term ‘‘Conserva25 tion Area’’ means the Fort Stanton-Snowy River Na-
8 

•S 1170 RS

1 tional Cave Conservation Area established by section 

2 3(a). 

3 (2) MANAGEMENT PLAN.—The term ‘‘manage4 ment plan’’ means the management plan developed 

5 for the Conservation Area under section 4(c). 

6 (3) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior, acting through the Di8 rector of the Bureau of Land Management. 

9 SEC. 3. ESTABLISHMENT OF FORT STANTON-SNOWY RIVER 

10 NATIONAL CAVE CONSERVATION AREA. 

11 (a) IN GENERAL.—There is established the Fort Stan12 ton-Snowy River National Cave Conservation Area in Lin13 coln County, New Mexico, to secure, protect, and conserve 

14 subterranean natural and unique features and environs for 

15 scientific, educational, and other appropriate public uses. 

16 (b) BOUNDARIES.—The Conservation Area shall in17 clude— 

18 (1) the minimum subsurface area necessary to 

19 encompass the ‘‘Ft. Stanton Cave’’ and the ‘‘Newly 

20 Discovered Cave’’, as depicted on the map entitled 

21 ‘‘Fort Stanton Cave’’ and dated March 29, 2005; and 

22 (2) the minimum surface acreage, as determined 

23 by the Secretary, that is necessary to provide access 

24 to the cave entrance, but not to exceed 40 acres. 

25 (c) MAP AND LEGAL DESCRIPTION.— 
9 

•S 1170 RS

1 (1) IN GENERAL.—As soon as practicable after 

2 the date of enactment of this Act, the Secretary shall 

3 establish detailed boundaries and prepare a map and 

4 legal description of the Conservation Area that depicts 

5 the minimum acreage necessary to encompass the 

6 land described in subsection (b), based on the smallest 

7 legal subdivision described in not less than 40 acre al8 iquot parts. 

9 (2) EFFECT.—The map and legal description of 

10 the Conservation Area shall have the same force and 

11 effect as if included in this Act, except that the Sec12 retary may correct any minor errors in the map and 

13 legal description. 

14 (3) PUBLIC AVAILABILITY.—The map and legal 

15 description of the Conservation Area shall be avail16 able for public inspection in the appropriate offices of 

17 the Bureau of Land Management. 

18 SEC. 4. MANAGEMENT OF THE CONSERVATION AREA. 

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

20 Conservation Area— 

21 (1) in accordance with the laws (including regu22 lations) applicable to public land and the manage23 ment plan required by this Act; and 

24 (2) in a manner that provides for— 
10 

•S 1170 RS

1 (A) the conservation and protection of the 

2 natural and unique features and environs for 

3 scientific, educational, and other appropriate 

4 public uses of the Conservation Area; 

5 (B) public access, as appropriate, while 

6 providing for the protection of the cave resources 

7 and for public safety; 

8 (C) the continuation of other existing uses 

9 and new uses of the Conservation Area that do 

10 not substantially impair the purposes for which 

11 the Conservation Area is established; 

12 (D) management of the surface area over13 lying the Conservation Area in accordance with 

14 the Fort Stanton Area of Critical Environmental 

15 Concern Final Activity Plan dated March, 2001; 

16 and 

17 (E) scientific investigation and research op18 portunities within the Conservation Area, in19 cluding through partnerships with colleges, uni20 versities, schools, scientific institutions, research21 ers, and scientists to conduct research and pro22 vide educational and interpretive services within 

23 the Conservation Area. 

24 (b) WITHDRAWALS.—Subject to valid existing rights, 

25 all Federal surface and subsurface land within the Con-
11 

•S 1170 RS

1 servation Area and all land and interests in the surface 

2 and subsurface land that are acquired by the United States 

3 after the date of enactment of this Act for inclusion in the 

4 Conservation Area, are withdrawn from— 

5 (1) all forms of entry, appropriation, or disposal 

6 under the general land laws; 

7 (2) location, entry, and patent under the mining 

8 laws; and 

9 (3) operation under the mineral leasing and geo10 thermal leasing laws. 

11 (c) MANAGEMENT PLAN.— 

12 (1) IN GENERAL.—Not later than 2 years after 

13 the date of enactment of this Act, the Secretary shall 

14 develop a comprehensive plan for the long-term man15 agement of the Conservation Area. 

16 (2) PURPOSES.—The management plan shall— 

17 (A) describe the appropriate uses and man18 agement of the Conservation Area; 

19 (B) incorporate, as appropriate, decisions 

20 contained in any other management or activity 

21 plan for the land within or adjacent to the Con22 servation Area; 

23 (C) take into consideration any information 

24 developed in studies of the land and resources 

25 within or adjacent to the Conservation Area; and 
12 

•S 1170 RS

1 (D) provide for a cooperative agreement 

2 with Lincoln County, New Mexico, to address the 

3 historical involvement of the local community in 

4 the interpretation and protection of the resources 

5 of the Conservation Area. 

6 (d) ACTIVITIES OUTSIDE CONSERVATION AREA.—The 

7 establishment of the Conservation Area shall not— 

8 (1) create a protective perimeter or buffer zone 

9 around the Conservation Area; or 

10 (2) preclude uses or activities outside the Con11 servation Area that are permitted under other appli12 cable laws, even if the uses or activities are prohibited 

13 within the Conservation Area. 

14 (e) RESEARCH AND INTERPRETIVE FACILITIES.— 

15 (1) IN GENERAL.—The Secretary may establish 

16 facilities for— 

17 (A) the conduct of scientific research; and 

18 (B) the interpretation of the historical, cul19 tural, scientific, archaeological, natural, and 

20 educational resources of the Conservation Area. 

21 (2) COOPERATIVE AGREEMENTS.—The Secretary 

22 may enter into cooperative agreements with the State 

23 of New Mexico and other institutions and organiza24 tions to carry out the purposes of this Act. 
13 

•S 1170 RS

1 (f) WATER RIGHTS.—Nothing in this Act constitutes 

2 an express or implied reservation of any water right. 

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated such sums as 

5 are necessary to carry out this Act. 
Calendar No. 264 

109TH CONGRESS 

1ST SESSION S. 1170 

[Report No. 109–163] 

A BILL 

To establish the Fort Stanton-Snowy River 

National Cave Conservation Area. 

OCTOBER 27, 2005 

Reported with an amendment