[DOCID: f:hr632.110]
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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.
(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.
(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 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.
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 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 Management 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 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.
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