[PHOTO: Pueblo of Jemez Governor Joshua Madalena testifies before the Senate Energy and Natural Resources Committee today. From committee web broadcast]
The future of the scenic crown jewel of New Mexico was publicly discussed in Washington, D.C., today, as Sen. Jeff Bingaman (D-NM) presided over a meeting of the Senate Energy and Natural Resources Committee examining the Valles Caldera National Preserve Management Act (S.3452), which would transfer the Caldera to the National Park Service. During the hearing, eight individuals who represent significant stakeholders in Northern New Mexico offered testimony regarding their positions on the legislation.
The Albuquerque Journal reported that the bill “earned widespread support” at the hearing. Click here to read the Journal article — nonsubscribers must click on the “trial access pass” button to read it. You can also watch a report on the hearing by KOAT-TV by clicking here.
Four of the eight witnesses expressed unqualified support for the legislation (Sen. Tom Udall, Los Alamos County Council Chairman Michael Wismer, New Mexico Wildlife Federation Executive Director Jeremy Vesbach, and National Park Service Deputy Director Daniel Wenk). Two witnesses — the governors of the Pueblo of Jemez (Joshua Madalena) and Pueblo of Santa Clara (Walter Dasheno) — offered conditional support for the bill. The two other witnesses, Valles Caldera Trust Chairman Stephen Henry and Harris Sherman, the Under Secretary for Natural Resources and Environment (the official in charge of the U.S. Forest Service), did not express support.
The conditional backing offered by the pueblos during the hearing is significant because as recently as January, Jemez Pueblo Gov. Joshua Madalena publicly opposed transferring management from the Valles Caldera Trust.
A synopsis of each witness’ oral and written testimony follows, in order of appearance. Click on the name of a witness in order to download his prepared remarks.
Stephen Henry, Chairman, Valles Caldera Trust — Mr. Henry conveyed his “disappointment” that the bill has been introduced, verbally stressing two primary issues: he is concerned that the bill does not adequately provide for the staff of the Preserve being employed as professionals in the future, and he is concerned about the 60,000 acres of dense conifer forest on the preserve, an extreme fire danger. Whomever continues management of the Preserve must continue to work to abate this danger, Henry said. [Note: the bill states that upon passage, the "Secretary (of the Interior) and the Secretary of Agriculture may hire employees of the Trust on a noncompetitive basis for comparable positions at the Preserve or other units of the National Park System or National Forest System in the State."]
Harris Sherman, Under Secretary for Natural Resources and Environment, Department of Agriculture (U.S. Forest Service) — Mr. Sherman seemed to be advocating for the U.S. Forest Service to be considered as an alternative to Trust and Park Service management, stressing a strong commitment of the USFS to the Valles Caldera. He pointed out the following: 1) the USFS had a key role in acquiring the Baca Ranch on behalf of the American people (and the $101 million that was used to buy the ranch was taken from the Forest Service’s portion of the Land and Water Conservation Fund), 2) technically the Preserve is a part of the Forest Service now, and under direct USFS management can utilize the “considerable resources” of the USFS, 3) the October 2009 GAO report found that the “Trust’s financial management has also been weak,” 3) the fact that 95% of the Preserve is surrounded by the Forest Service means that USFS management could provide for “continuity of natural resource management and for efficient restoration practices to be implemented on a landscape scale.” Additionally, Mr. Sherman stated that the Forest Service has an excellent relationship with the Pueblos in the area.
Daniel Wenk, Deputy Director, National Park Service — Mr. Wenk offered support of the legislation, except he suggested one change, noting that “this bill would repeal the Valles Caldera Preservation Act in which Congress authorized the acquisition of a fractional mineral interest under the Valles Caldera Preserve. We have been advised by the Department of Justice that although the condemnation action related to the mineral interest has concluded, the judgment and some fees have not yet been paid. Accordingly, we believe that the bill should state explicitly that it is not intended to affect the authority for the condemnation or the amount or source of any outstanding obligations of the United States related to the condemnation of the fractional mineral interest under the Preserve.”
Mr. Wenk also stated that the cost to operate and manage the park under the NPS would likely be approximately $22 million for developmental costs and $4 million for annual operational costs.
Pueblo of Jemez Governor Joshua Madalena — Gov. Madalena stated that “we are here to conditionally support” the legislation as an “interim solution” for management of the Preserve. His conditional support hinges on the addition of the following language to the legislation: “This Act shall not be deemed to terminate, adjudicate or adversely affect any valid existing rights within the Preserve, including Indian title and rights previously established pursuant to the public land laws.”
Mr. Madalena also insisted that the position of Jemez Pueblo is that the Caldera must “eventually be returned to our ownership and control.”
Pueblo of Santa Clara Governor Walter Dasheno — Gov. Dasheno testified that he “generally supports the legislation,” but with “serious concerns.”
Mr. Dasheno mentioned that he is particularly pleased with the portion of the legislation that provides for the protection of traditional cultural and religious sites in the Preserve, and offered that the absence of such language in the original Valles Caldera Preservation Act was a “glaring omission.”
The concerns that the Pueblo of Santa Clara has with this bill are: 1) the pueblo opposes the concept of a Caldera Rim Trail, as “the concept of a hiking trail is fundamentally incompatible with the Secretary’s obligation to protect and assure our access” to “vitally important traditional sites located throughout the Preserve,” 2) the legislation should make clear that the Preserve’s “existence as a vital place of worship for many Pueblo religious practitioners should be given prominent emphasis in any educational program designed by the Park Service for visitors to the Preserve,” 3) the bill should be amended to include “language making clear that nothing in the bill would supersede or otherwise limit any provision of the Conservation and Access Easement granted by the United States to Santa Clara with respect to the easement area on the Preserve side of the boundary” of the Preserve and Santa Clara Pueblo, and 4) the legislation should include language that would apply the Tribal Forest Protection Act to the area of the Preserve surrounding Santa Clara Pueblo. This act allows a tribe to enter into an agreement with the Forest Service by which the tribe could engage in fire-related management activities adjacent to tribal lands. Finally, Mr. Dasheno said that Santa Clara Pueblo wants language added to the bill that reinforces that the northeast corner of the Baca Ranch that was added to its tribal lands by the Valles Caldera Preservation Act of 2000 would continue to remain part of its reservation.
Michael Wismer, Chairman, Los Alamos County Council — Mr. Wismer stated that Los Alamos County “strongly supports the Preserve’s inclusion in the National Park System under the management of the National Park Service as set forth in S. 3452,” and noted that “on April 6th of this year, following weeks of extensive vetting with the public and the two formal public hearings, the County Council unanimously approved a resolution recommending the transfer of management of the Valles Caldera National Preserve from the Valles Caldera Trust to the National Park Service under the U.S. Department of the Interior—to be managed as a preserve.”
Jeremy Vesbach, Executive Director, New Mexico Wildlife Federation — Mr. Vesbach offered full support for the Valles Caldera National Preserve Management Act, describing high prices for hunting and fishing on the Preserve. He also mentioned that the New Mexico State Senate approved a resolution in 2008 “asking our congressional delegation to look at three options for new management at Valles Caldera—the U.S. Fish and Wildlife Service, the U.S. Forest Service, and the U.S. Park Service—and transfer management of the Valles Caldera over to the professional natural resource agency best designed to fit all the unique needs.” Mr. Vesbach also said that “the National Park Service (NPS) is best equipped in New Mexico to provide appropriate “people management” to protect a place with incredibly high visitor demand from over‐use while also opening it to one and all.”
The Honorable Senator Tom Udall — Sen. Udall’s statement has not been posted, but, as a co-sponsor of this legislation he offered wholehearted and unqualified support for S.3452.
