[House Report 110-695]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-695
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SABINOSO WILDERNESS ACT OF 2008
_______
June 5, 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. 2632]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 2632) to establish the Sabinoso Wilderness Area in
San Miguel County, New Mexico, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sabinoso Wilderness Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) State.--The term ``State'' means the State of New Mexico.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 3. DESIGNATION OF THE SABINOSO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness Act
(16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as a component of the National Wilderness Preservation
System, the approximately 15,995 acres of land under the jurisdiction
of the Taos Field Office Bureau of Land Management, New Mexico, as
generally depicted on the map titled ``Sabinoso Wilderness'' and dated
May 7, 2008, and which shall be known as the ``Sabinoso Wilderness''.
(b) Map and Legal Description.--The map and a legal description of
the wilderness area designated by this Act shall--
(1) be filed by the Secretary with the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights, the
wilderness areas designated by this Act 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, any reference to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of this Act
and any reference in the Wilderness Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of the Interior.
(d) Incorporation of Acquired Land.--Any land or interest in land
located inside the boundaries of the wilderness area designated by this
Act that is acquired by the United States after the date of enactment
of this Act shall become part of the wilderness area designated by this
Act and shall be managed in accordance with this Act and other
applicable law.
(e) Grazing.--Grazing of livestock in the wilderness area designated
by this Act, where established before the date of enactment of this
Act, shall be administered in accordance with the provisions of section
4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and 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).
(f) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State, including the
regulation of hunting, fishing, and trapping, in the wilderness area
designated by this Act.
(g) Withdrawal.--Subject to valid existing rights, the wilderness
area designated by this Act, is withdrawn from--
(1) all forms of entry, appropriation, and 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.
(h) Access.--
(1) Consistent with section 5(a) of the Wilderness Act (16
U.S.C. 1131 et seq.), the Secretary shall continue to allow
private landowners adequate access to inholdings in the
Sabinoso Wilderness.
(2) For access purposes, private lands within T. 16 N., R. 23
E. Sections 17, 20 and the north half of Section 21, N.M.M.
shall be managed as if an inholding in the Sabinoso Wilderness.
PURPOSE OF THE BILL
The purpose of H.R. 2632 is to establish the Sabinoso
Wilderness Area in San Miguel County, New Mexico, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2632, as ordered reported, designates approximately
15,995 acres of public land managed by the Bureau of Land
Management (BLM) as wilderness. The land is located in San
Miguel County in Northwestern New Mexico. The land was studied
for its wilderness characteristics and has been managed as a
wilderness study area for more than 20 years.
The dominant feature of the area is the 1,000-foot-deep
Canon Largo which connects to the Canadian River outside the
unit. The area includes a mix of Ponderosa pine and riparian
vegetation and provides habitat for an array of species
including red-tailed hawk, bobcat and fox. The area features
opportunities for hunting, hiking and horseback riding among
other activities.
The proposed wilderness area would be managed according to
the Wilderness Act (16 U.S.C. 1131 et seq.) and any land
acquired by the federal government within the boundary would be
incorporated into the wilderness area. Existing rights,
including grazing allotments, would be managed using standard
provisions covering those activities within designated
wilderness.
Because the public land included in the designation is
surrounded by private land, there is currently no public access
to this area. However, the BLM is currently working with a
private landowner to provide public access from the eastern
boundary of the proposed wilderness area.
COMMITTEE ACTION
H.R. 2632 was introduced on June 7, 2007 by Representative
Tom Udall (D-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 November 13,
2007, the Subcommittee held a legislative hearing on the bill.
The Subcommittee was discharged from further consideration
of the bill and on May 14, 2008, the Full Natural Resources
Committee met to consider the bill. Subcommittee Chairman Raul
Grijalva (D-AZ) offered an amendment in the nature of a
substitute to adjust the wilderness acreage to 15,955 acres and
add language to allow adequate access for private landowners to
inholdings in the Sabinoso Wilderness. The amendment was
adopted 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
``Sabinoso Wilderness Act of 2008.''
Section 2. Definitions
Section 2 defines the term ``State'' as the State of New
Mexico, and the term ``Secretary'' as the Secretary of the
Interior.
Section 3. Designation of the Sabinoso Wilderness
Section 3(a) designates 15,995 acres of public land under
the jurisdiction of the Taos Field Office of the Bureau of Land
Management as a component of the National Wilderness
Preservation System which shall be known as the ``Sabinoso
Wilderness.''
Section 3(b) identifies requirements for the map and legal
description of the wilderness area designated by this Act.
Section 3(c) states that subject to valid existing rights,
the wilderness areas designated by this Act shall be
administered in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.).
Section 3(d) states that any land or interest in land
located inside the boundaries of the wilderness area designated
by this Act, acquired by the United States after the date of
enactment of this Act, shall become part of the wilderness area
designated by this Act.
Section 3(e) requires that the grazing of livestock in the
wilderness area designated by this Act, where established
before the date of enactment of this Act, shall be administered
in accordance with the provisions of section 4(d)(4) of the
Wilderness Act (16 U.S.C. 1133(d)(4)) and 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 (House Report 101-405). Section 4(d)(4) of the
Wilderness Act specifically states that ``the grazing of
livestock, where established prior to the effective date of
this Act, shall be permitted to continue subject to such
reasonable regulations as are deemed necessary by the Secretary
* * *'' House Report 101-405 has numerous guidelines related to
grazing in wilderness, including that ``[t]here shall be no
curtailments of grazing in wilderness areas simply because an
area is, or has been designated as wilderness * * *'' Another
guideline in House Report 101-405 states that ``the maintenance
of supporting facilities, existing in an area prior to its
classification as wilderness (including fences, line cabins,
water wells and lines, stock tanks, etc.) is permissible in
wilderness. Where practical alternatives do not exist,
maintenance or other activities may be accomplished through the
occasional use of motorized equipment.''
Section 3(f) states that as provided in Section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
section shall be construed as affecting the jurisdiction or
responsibilities of the State with respect to fish and wildlife
in the State, including the regulation of hunting, fishing, and
trapping, in the wilderness area designated by this Act.
Section 3(g) states that subject to valid existing rights,
the wilderness area designated by this Act is withdrawn from
all forms of entry, appropriation, and disposal under the
public land laws; location, entry, and patent under the mining
laws; and operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Section 3(h) provides that consistent with Section 5(a) of
the Wilderness Act (16 U.S.C. 1134), the Secretary shall
continue to allow private landowners adequate access to
inholdings in the Sabinoso Wilderness; and that for access
purposes, private lands within T. 16 N., R. 23 E. sections 17,
20, and the north half of section 21, N.M.M shall be managed as
if an inholding in the Sabinoso Wilderness. Section 5(a) of the
Wilderness Act states that in the case where State-owned or
privately owned land is completely surrounded by public lands
designated as Wilderness, such State or private landowner shall
be given such rights as may be necessary to assure adequate
access to such State-owned or privately owned land.
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 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 establish the Sabinoso Wilderness
Area in San Miguel County, New Mexico.
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. 2632--Sabinoso Wilderness Act of 2008
H.R. 2632 would designate nearly 16,000 acres of land in
New Mexico as wilderness. Based on information provided by the
Bureau of Land Management (BLM), CBO estimates that enacting
H.R. 2632 would have no significant effect on the Federal
budget.
The acreage to be added to the National Wilderness
Preservation System is currently administered by BLM as a
wilderness study area; no additional resources would be
required to manage the land as a result of the final
designation as wilderness. We expect that any costs to revise
maps and signs to reflect the new designation would be minimal
because most such revisions would take place in conjunction
with scheduled reprinting and routine maintenance. Finally, we
estimate that enacting the bill would have no effect on BLM
receipts.
H.R. 2632 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 contact for this estimate is Deborah Reis.
This estimate was approved by Theresa Gullo, Deputy Assistant
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2632 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.