Submitted for Posting by John Lyles
TO CAVERS DIGEST:
The following information was discussed at [the Spring 1999] NSS/Southwest Region meeting and has been reprinted/revised from the Southwestern Cavers newsletter last week. BLM is the Bureau of Land Managment, an agency of the US Department of Interior, under Secretary Bruce Babbitt. Babbitt has a geology background, has been caving, and was instrumental in acquiring Karchner Caverns to be a State Park when he was governor of Arizona.
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chairman - SWR
In February, 1999, Secretary of the Interior Bruce Babbitt visited Eddy County to tour what he believes Is an area needing protection from mineral extraction. In a letter, dated March 29, 1999 to the State Director of BLM, New Mexico, he stated:
"...In February 1993 four distinguished geologists Identified as the Guadalupe Geology Panel submitted a report to the National Park Service calling for the establishment of a "Cave Protection Zone" extending from the northern boundary of Carlsbad Caverns National Park to the Intersection of the water table with the northern limit of the Capitan-Goat Seep Rock Package, and the axis of the Dark Canyon syncline.
"Late that same year Congress responded by enacting the Lechuguilla Cave Protection Act, 107 Stat. 1983, which established a "cave protection area" of approximately 6280 acres on the north side of the Park, and withdrew It from various public land and mining laws and mineral leasing.... however, there Is a gap between the cave protection zone in this legislation and the northern boundary recommended by the Guadalupe Geology Panel. This, I believe, Is a problem. There could well be magnificent yet undiscovered caves of the quality of Lechuguilla In this zone, which could be irreparably damaged by oil and gas and other mineral activity. For this reason it is important to extend the area of the withdrawal to Include the entire cave zone as defined by the scientists.
"I therefore would like you promptly to Initiate administrative action to extend the withdrawal north of the cave protection zone in the legislation, to Include BILM lands south of the Dark Canyon Road, eastward to the Intersection of the cave protection zone boundary Identified by the geologists, and along that arc further eastward to an appropriate stopping point.
"Residents of Carlsbad who favor additional cave protection have asked me to assure them that this additional area to be withdrawn would remain open to hunting, camping and day use. Ranchers In the area have also expressed their concern that this area remain open to grazing. I agree. Please make sure the proposed withdrawal Is crafted to make clear that (a) the land shall remain under BLM management; (b) grazing permits and leases will not be affected by the withdrawal; and © the area shall remain open for hunting, camping and day use.
" ... there are several sections of state land within the cave protection zone, as expended. The new withdrawal would not apply to state lands, and should not affect state management of those lands for the benefit of the state school trust. I have spoken to Ray Powell, the State Land Commissioner, about the possibility of exchanging these lands for other lands of equal value with less troublesome development potential in Eddy County. I would appreciate your continuing those discussions and expanding them to Include the Eddy County Commission and officials from the City of Carlsbad..."
Approximately 8,470.59 acres of public land and mineral estate administered by the BLIVI and 480 acres of Federal mineral estate underlying private land will be withdrawn from mining location and mineral leasing to protect cave system north and northeast of Carlsbad Cavern National Park.
All of the withdrawn land will remain under the jurisdiction of the BLIVI.
An additional 8,198.72 acres of State land and mineral estate is included in the proposed withdrawal. These lands would become subject to withdrawn status if they are acquired by the United States.
The BLM will pursue an exchange of these State lands for transfer Into Federal ownership.
o The existing oil and gas leases on State land will remain with the State until the termination of the leases. The State will also acquire additional public land, within Eddy County and north of Carlsbad Cavern National Park, with unleased minerals. The State could then ease these lands, potentially increasing the royalty payments to Eddy County.
o The withdrawal would be subject to valid existing rights and existing uses of the land would continue, except for the location or relocation of mining claims.
o Current uses would continue. Some primary examples are:
o Because the proposed exchange Is expected to occur within Eddy County, there should be no change in the County’s PILT payment.
During the completion of the environmental assessment, Eddy County officials and publics will be directly involved in providing information and comments during two 45 day review periods, one at the beginning and one at the end...
The BLM is already receiving comments from nearby ranchers who are afraid that this is a method for the nearby National Park (Carlsbad Caverns) to take their grazing lands into the Park - then they would loose all access. But the BLM is only trying to stop the well drillers, oilmen, and miners, from slicing through the next Lechuguilla, not stop surface activities such as grazing or camping. Cavers who want to protect the resources from gas, oil and other mineral extraction should send letters with their feelings, as soon as they can, to help balance the public perception of this proposal. Write and tell the BLM and Bruce Babbitt that you support his idea to protect the caves and stop permitting drilling. Remember the long fight over Diamondback Federal #1, the well which was drilled despite the Cave Protection Zone and the findings of the Dark Canyon EIS? Many of you wrote letters (over 500) to the BLM, and the Record of Decision ruled in favor of protecting the caves. Unfortunately, the settlement was inadequately done, and Mr. Yates drilled his well. This time we must prevent applications for leases to drill in this area of big decorated caves.
Mr. Bruce Babbitt, Secretary, Department of the Interior, 1849 C Street N.W., Washington, D.C. 20240
and
Mr. Tom Fry, Acting Director Bureau of Land Management 1849 C Street N.W. Washington, D.C. 20240
and
Ms. Michelle Chavez, Director N.M. State Office, BLM, PO Box 27115, Santa Fe, NM 87502-0115
Thank you for your support; we hope to have a great protected caving area,
as a result.
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