103D CONGRESS 2d Session REPORT SENATE 103-230 BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND FOSSIL FOREST PROTECTION ACT FEBRUARY 25 (legislative day, FEBRUARY 22), 1994.-Ordered to be printed Mr. JOHNSTON, from the Committee on Energy and Natural REPORT [To accompany S. 313] The Committee on Energy and Natural Resources, to which was referred the bill (S. 313), to amend the San Juan Basin Wilderness Protection Act of 1984 to designate additional lands as wilderness and to establish the Fossil Forest Research Natural Area, 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: 1. On page 3, line 15, strike the words "The lands" and insert in lieu thereof "Subject to valid existing rights, the lands". 2. On page 3, line 20, strike the paragraph in its entirety and insert (2) The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the area described in section 2(a)(3). Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. 3. On page 5, line 16, strike the words "exchanged for lands" and insert in lieu thereof "exchanged for lands within New Mexico". 4. On page 8, line 1, strike the words "The lands" and insert in lieu thereof "Subject to valid existing rights, the lands". 5. On page 8, line 7, strike the paragraph in its entirety, and insert (B) COAL PREFERENCE RIGHTS. The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing laws and regulations relating to coal leases after a determination has been made by the Secretary that the applicant is entitled to a preference right lease and that the exchange is in the public interest. 6. On page 9, line 9, strike the words "of fossil resources" and insert in lieu thereof "of fossil resources within the Area". 7. On page 9, line 14, strike the words "Not later than the last day of the 5th fiscal year that begins after the date of enactment of this subsection" and insert in lieu thereof "Not later than 5 years after the date of enactment of this Act." PURPOSE OF THE MEASURE The primary purposes of S. 313, as ordered reported, are to redesignate the existing Bisti and De-Na-Zin wilderness areas in New Mexico as the "Bisti/De-Na-Zin" wilderness area, to add an additional 16,674 acres to the unit, and to establish the 2,770-acre Fossil Forest Research Natural Area, to be administered by the Bureau of Land Management. BACKGROUND AND NEED In 1984 Congress enacted Public Law 98-603, the San Juan Basin Wilderness Protection Act. That law designated the 3,368acre Bisti wilderness area and the 23,872-acre De-na-zin wilderness area, both to be administered by the Bureau of Land Management (BLM). S. 313 would amend that law to combine the two units and redesignate them as the "Bisti/De-Na-Zin" wilderness area. In addition, the bill would add 16,000 acres to the area. The lands to be added are of high wilderness value and were acquired by the BLM as a result of a 1991 exchange between the BLM and the Navajo Nation. S. 313 would also establish the 2,770 acre Fossil Forest Research Natural Area. The area contains a diverse collection of petrified tree stumps and logs, four major dinosaur bone quarries, and other artifacts. Public Law 98-603 directed that the area be studied to determine how best to manage the area. In June 1992, the BLM issued its study report on the Fossil Forest Research Natural Area. The study report concluded that permanent protection of the Fossil Forest Research Natural Area is the best option for the area. Designation of the area will allow continued exploration opportunities while ensuring that the area's resources remain protected. LEGISLATIVE HISTORY S. 313 was introduced by Senators Domenici and Bingaman on February 4, 1993. The Subcommittee on Public Lands, National Parks and Forests held a hearing on S. 313 on June 16, 1993. At the business meeting on February 2, 1994, the Committee on Energy and Natural Resources ordered S. 313, as amended, favorably reported. COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES The Committee on Energy and Natural Resources, in open business session on February 2, 1994, by a unanimous vote of a quorum present, recommends that the Senate pass S. 313, if amended as described herein. The roll call vote on reporting the measure was 20 yeas, 0 nays, as follows: During the consideration of S. 313, the Committee adopted several technical, clarifying, and conforming amendments. The amendments are explained in detail in the section-by-section analysis, below. Two of the amendments clarify that the mineral withdrawals within the wilderness and research areas are subject to valid existing rights. Amendments were also adopted to clarify language pertaining to coal preference lease applications to incorporate recommendations of the Bureau of Land Management. During the Committee hearing on S. 313, the Bureau of Land Management requested that language be included in the bill specifically authorizing the Secretary to issue coal leases in New Mexico in exchange for any preference right coal lease application within the wilderness and research areas. The Committee adopted amendments to provide such authority. SECTION-BY-SECTION ANALYSIS Section 1 entitles the bill "Bisti/De-Na-Zin Wilderness Expansion and Fossil Forest Protection Act.” Section 2(a)(1) amends section 102 of the San Juan Basin Wilderness Protection Act of 1984 (the "1984 Act") to redesignate the existing Bisti and De-na-zin wilderness areas as the "Bisti/De-NaZin" wilderness area. 16,674 acres of adjacent land which were acquired by the BLM in a 1991 land exchange with the Navajo Nation will also be added to the wilderness area. Paragraphs (2) and (3) amend section 102 of the 1984 Act to make conforming changes to reflect the redesignation of the wilderness areas and the addition of the new area. This paragraph also amends section 103 of the 1984 Act to provide that the new lands added to the wilderness area are withdrawn, subject to valid existing rights, from all forms of appropriation under the mining laws, and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. Paragraph (2) authorizes the Secretary of the Interior (the "Secretary") to issue coal leases in New Mexico in exchange for any preference right coal lease application within the wilderness area. Section 3 replaces section 103 of the 1984 Act, which directed the BLM to study the area known as the "Fossil Forest," with a new section 103 establishing the Fossil Forest Research Natural Area (the "area"). Subsection (a) establishes the area, consisting of 2,770 acres, in order to "conserve and protect natural values, and to provide scientific knowledge, education, and interpretation for the benefit of future generations." Subsection (b) directs the Secretary to file a map and legal description of the area with the appropriate House and Senate Committees. Subsection (c)(1) provides for the management and administration of the area by the BLM. The BLM is directed to manage the area to protect the area's resources in accordance with this Act, the Federal Land Policy and Management Act (FLPMA), and other applicable laws. To the extent the Secretary determines such activities are consistent with the designation of the Bisti/De-Na-Zin Wilderness and the Fossil Forest Research Natural Area and do not denigrate their resource and cultural values and characteristics, the Secretary shall make reasonable efforts to enter into cooperative agreements with the Navajo Nation and its enterprises so that the Navajo Nation may derive benefits from tourism, recreation, resource appreciation, and any other related activities associated with and located outside the boundaries of the Bisti/De-Na-Zin Wilderness and Fossil Forest Research Natural Area. Paragraph (2) withdraws the area, subject to valid existing rights, from all forms of appropriation under the mining laws, and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales. The paragraph also authorizes the Secretary to issue coal leases in New Mexico in exchange for any preference right coal lease application within the research area. Paragraph (3) prohibits livestock grazing within the area. |