[Senate Report 117-60]
[From the U.S. Government Publishing Office]
Calendar No. 257
117th Congress } { Report
SENATE
2d Session } { 117-60
======================================================================
BUFFALO TRACT PROTECTION ACT
_______
January 31, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 180]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 180), to withdraw certain Bureau of Land
Management land from mineral development, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of S. 180 is to withdraw approximately 4,288
acres of land in Sandoval County, New Mexico, administered by
the Bureau of Land Management land from mineral development.
BACKGROUND AND NEED
In 2012, the Bureau of Land Management (BLM) released a
draft of the new resource management plan (RMP) for BLM lands
in central New Mexico, which proposed to open four parcels,
including the Buffalo Tract and Crest of the Montezuma, in
southern Sandoval County to mineral development, including
gravel mining. Since the release of the draft plan, some local
residents and stakeholders have expressed concerns about a
gravel mine on this land.
S. 180 would withdraw approximately 4,288 acres
administered by the BLM near Placitas, New Mexico, from
location, entry, and patent under the mining laws and
disposition under the mineral leasing, mineral materials, and
geothermal leasing laws. In 2019 testimony on a previous
version of the bill, S. 526 in the 116th Congress, the BLM
projected that a final environmental impact statement and
Record of Decision for the RMP would be released by the end of
the year. Since that time, the planning process has been
paused.
LEGISLATIVE HISTORY
Senators Heinrich and Lujan introduced S. 180 on February
2, 2021. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on the bill on October 19, 2021. Representatives
Stansbury, Leger Fernandez, McNerney, and Huffman introduced an
identical bill, H.R. 5805, on November 1, 2021. H.R. 5805 was
referred to the House Committee on Natural Resources. No
further action has been taken.
In the 116th Congress, Senators Heinrich and Udall
introduced a similar bill, S. 526, on February 14, 2019. The
Subcommittee on Public Lands, Forests, and Mining held a
hearing on S. 526 on May 14, 2019 (S. Hrg. 116-323). The
Committee ordered the bill favorably reported with an amendment
in the nature of a substitute by voice vote on December 12,
2019. Senators Barrasso, Risch, and Lee were recorded as voting
no.
In the 115th Congress, Senators Heinrich and Udall
introduced a similar bill, S. 390, on February 15, 2017. No
further action was taken. Likewise, during the 114th Congress,
Senators Heinrich and Udall introduced a similar bill, S. 3221,
on July 14, 2016. No further action was taken.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on November 18, 2021, by a majority vote
of a quorum present, recommends that the Senate pass S. 180.
The roll call vote on reporting the measure was 13 yeas, 7
nays as follows:
YEAS NAYS
Mr. Manchin Mr. Barrasso
Mr. Wyden Mr. Risch*
Ms. Cantwell Mr. Lee
Mr. Sanders Mr. Lankford
Mr. Heinrich Mr. Cassidy
Ms. Hirono Mrs. Hyde-Smith*
Mr. King Mr. Marshall
Ms. Cortez Masto
Mr. Kelly
Mr. Hickenlooper
Mr. Daines
Ms. Murkowski
Mr. Hoeven*
*Indicates vote by proxy.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title, the ``Buffalo Tract
Protection Act.''
Section 2. Withdrawal
Subsection (a) withdraws the Federal land described in
subsection (b) from location, entry, and patent under the
mining laws and from disposition under the mineral leasing,
mineral materials, and geothermal leasing laws.
Subsection (b) describes the Federal lands to be withdrawn,
as generally depicted on the referenced map.
Subsection (c) clarifies that nothing in this section
prohibits the Secretary of the Interior from conveying the
surface estate of the Federal land described in subsection (b)
in accordance with the Federal Land Policy Management Act (43
U.S.C. 1071 et seq.) or the Recreation and Public Purposes Act
(43 U.S.C. 869 et seq.), subject to the reservation of the
mineral estate.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office has not estimated the cost
of S. 180 as passed by the Senate. The Committee has requested,
but has not yet received, the Congressional Budget Office's
estimate of the cost of S. 180 as ordered reported. When the
Congressional Budget Office completes its cost estimate, it
will be posted on the Internet at www.cbo.gov.
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. 180. 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. 180, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 180, 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 Department of the Interior at
the October 19, 2021, hearing on S. 180 follows:
Statement of Steve Feldgus, Ph.D., Deputy Assistant Secretary, Land and
Minerals Management, U.S. Department of the Interior
Thank you for the opportunity to testify on S. 180, the
Buffalo Tract Protection Act. The bill would withdraw about
4,200 acres contained in four parcels of public land managed by
the Bureau of Land Management (BLM) near Placitas, New Mexico,
from location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials. S. 180 aligns with the
Administration's conservation goals, and the BLM supports the
bill.
background
The lands proposed for withdrawal are located in close
proximity to Placitas, New Mexico, which is an unincorporated
area of Sandoval County, just north of Albuquerque. The
population of the region has grown significantly in recent
years, raising community concerns about the potential impacts
of additional gravel mining in the area. The area is used for a
variety of recreation activities.
S. 180 identifies the four parcels for withdrawal as tracts
A (3,127 acres), B (903 acres), C (201 acres), and D (57
acres). Tract A is referred to as the ``Buffalo Tract'' and is
used for hiking, off-highway vehicles (OHVs), and recreational
shooting. The Buffalo Tract contains sand and gravel ridges and
arroyos with juniper trees, shrubs, and grasses. Approximately
25 percent of tract A has been mined and reclaimed to date.
Tract B is known as the ``Crest of Montezuma'' and is
characterized by moderately steep slopes with pinyon and
juniper trees intermixed with shrubs and sparse grasses. Tract
C, which does not have a specific name, is similar in
topography to the Buffalo Tract and is a common hiking area for
local community members. Tract D, referred to as ``San
Francisco,'' is named after the arroyo that runs through it,
and has terrain similar to that of the Buffalo Tract.
s. 180, buffalo tract protection act
S. 180, the Buffalo Tract Protection Act, would, subject to
valid existing rights, withdraw four tracts totaling
approximately 4,200 acres of Federal mineral estate near
Placitas, New Mexico, from all forms of mineral development
under all laws pertaining to locatable minerals, mineral
leasing, or mineral materials. The bill specifies that nothing
in the act would prevent future conveyance of the surface of
the withdrawn lands, although the mineral estate would be
retained by the Federal government.
The BLM recognizes the importance of locally crafted
recreation and conservation areas on public lands and waters
and believes they can yield immense economic benefits. The BLM
believes the most effective and enduring conservation
strategies are those reflecting the priorities, needs, and
perspectives of the families and communities that know, live,
work, and care for the lands and waters. The BLM is aware that
local communities, including a Pueblo and residents from
Placitas and unincorporated Sandoval County, support protection
of these tracts from future mineral development. The BLM is in
the process of updating the Rio Puerco Proposed Resource
Management Plan that has jurisdiction over these covered lands,
and is committed to ensuring Native American and Hispanic
community voices are represented in the process.
conclusion
The BLM appreciates the efforts of the sponsor and the
Subcommittee in advancing this important conservation
initiative. Thank you again for the opportunity to provide
testimony in support of S. 180.
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 as ordered
reported.
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