S. 2627

Mojave National Preserve Boundary Adjustment Act of 2016

STATEMENT OF DR. STEPHANIE TOOTHMAN, ASSOCIATE DIRECTOR, CULTURAL RESOURCES, PARTNERSHIPS, AND SCIENCE, NATIONAL PARK SERVICE, U.S. DEPARTMENT OF THE INTERIOR, BEFORE THE SENATE SUBCOMMITTEE ON NATIONAL PARKS, COMMITTEE ON ENERGY AND NATURAL RESOURCES, CONCERNING S. 2627, TO ADJUST THE BOUNDARY OF THE MOJAVE NATIONAL PRESERVE.

JUNE 15, 2016

Mr. Chairman and members of the subcommittee, thank you for the opportunity to appear before your committee to present the views of the Department of the Interior on S. 2627, a bill to adjust the boundary of the Mojave National Preserve. 

The Department supports the enactment of S. 2627, but recommends a technical correction regarding the acreage of land that would be returned to the park as mitigation for the land being removed from the Preserve.

S. 2627 would remove approximately 520 acres on the north side of Mojave National Preserve from the boundary of the park.  This acreage would be transferred from the National Park Service (NPS) to the Bureau of Land Management (BLM) for the proposed XpressWest rail alignment. XpressWest is constructing a high-speed rail line from Victorville, California, to Las Vegas, Nevada.  

The proposed route would follow and generally parallel Interstate 15 (adjacent to the north boundary of the Preserve), except for the grade to Mountain Pass, which is too steep and the road curves too sharply to allow for the rail line to follow the Interstate.  The NPS lacks authority to grant rights-of-way for railroads; the BLM, however, has such authority and can grant any necessary permits, in accordance with section 501 of the Federal Land Policy and Management Act of 1976, to XpressWest to complete the project. The area proposed for transfer to the BLM would accommodate the grade and curve requirements for the proposed high-speed train through Mountain Pass.  

As mitigation for the removal of land from the boundary of the park, this bill authorizes that other land would be acquired by donation.  The bill would authorize the transfer of 520 acres of NPS land to the BLM to accommodate the necessary railroad right-of-way, and the Preserve to receive in exchange a donation of approximately 2,100 acres of private land.

Section 3(b) authorizes up to 4 acres of land be acquired for every acre of land removed from the Preserve. We recommend a technical correction to this section that replaces “up to 4 acres” with “at least 4 acres.”  This correction will ensure the intent of the mitigation requirement is satisfied, and is consistent with the ratio that alternative energy developers have provided as mitigation in the desert.

S. 2627 also authorizes the Secretary of the Interior to permit cattle grazing, in accordance with applicable NPS laws and policies, on the land acquired under Section 3(a) by donation.  The bill states that cattle grazing shall take place during the period beginning on the date on which the land is acquired and ending on the date that is 25 years after the date on which the land is acquired, to the same extent permitted on the day before the date of enactment of the Act.   

Mr. Chairman, this concludes my testimony.  I would be happy to answer any questions you or other members of the subcommittee may have.

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