PolicyBrief
H.R. 2893
119th CongressApr 10th 2025
Buffalo Tract Protection Act
IN COMMITTEE

The bill withdraws approximately 4,288 acres of federal land in Placitas, New Mexico from mining, mineral leasing, and geothermal leasing, while allowing for surface estate conveyance with mineral rights reserved by the U.S.

Melanie Stansbury
D

Melanie Stansbury

Representative

NM-1

LEGISLATION

Buffalo Tract Bill Aims to Block New Mining, Geothermal Leases on 4,288 Federal Acres Near Placitas, NM

The Buffalo Tract Protection Act proposes a straightforward change for a specific slice of federal land in New Mexico. It seeks to withdraw approximately 4,288 acres near Placitas, as shown on a map dated November 13, 2019, from future mining, mineral leasing, mineral materials extraction (like sand or gravel), and geothermal energy leasing.

Setting Boundaries: What 'Withdrawal' Means Here

Think of this 'withdrawal' as putting up specific restrictions on future development for this particular piece of land. If this bill passes, the federal government wouldn't issue new leases or claims for digging up minerals or drilling for geothermal heat on these acres. It's important to note the bill includes standard language protecting 'valid existing rights' – meaning if someone already holds a legitimate, established claim or lease in the area, this bill wouldn't automatically cancel it.

Surface vs. Subsurface: A Split Decision

The bill introduces a key distinction: it deals differently with the land's surface compared to what's underneath. While it blocks new subsurface resource extraction, it explicitly allows the Secretary of the Interior the option to sell or transfer the surface land. This could potentially happen under existing laws like the Federal Land Policy and Management Act of 1976 (FLPMA) or the Recreation and Public Purposes Act of 1926, which provide frameworks for transferring federal land for public uses or other purposes deemed in the national interest.

However, there's a crucial catch outlined in Section 2: even if the surface land is transferred, the United States government must keep the rights to the minerals underneath (the 'mineral estate'). In practical terms, this means someone could potentially acquire the surface for activities like recreation or conservation, but they wouldn't get the right to start a new mining operation.