PolicyBrief
S. 1464
119th CongressApr 10th 2025
Buffalo Tract Protection Act
IN COMMITTEE

The Buffalo Tract Protection Act withdraws approximately 4,288 acres of federal land in the Placitas, New Mexico area from new mining claims and mineral or geothermal leasing while allowing the surface estate to be sold, provided the mineral estate remains under U.S. ownership.

Martin Heinrich
D

Martin Heinrich

Senator

NM

LEGISLATION

Buffalo Tract Protection Act Locks Up 4,288 Acres of Federal Land from New Mining and Geothermal Leases

The newly proposed Buffalo Tract Protection Act is a straightforward piece of legislation: it takes approximately 4,288 acres of federal land in New Mexico—specifically four tracts near Placitas—and permanently pulls them off the table for new resource extraction. This means no new mining claims can be staked, and the land cannot be leased for minerals, mineral materials, or geothermal energy under current federal laws (SEC. 2). Essentially, the government is drawing a line in the sand to protect this area from future industrial development, though any rights already established on the land before this bill are protected.

The Land is Off-Limits, But Not Entirely

For anyone looking to develop resources, this is a clear signal: you can’t look here anymore. The Bureau of Land Management (BLM) land specified on the “Placitas, New Mexico Area Map” is now closed for business when it comes to new drilling or digging. For local residents and conservation groups, this acts as a protective shield for the local environment and scenic views. It’s a win for keeping things as they are, ensuring that the natural landscape near Placitas won't be disrupted by new resource-seeking operations.

The Surface vs. The Subsurface: A Key Distinction

Here’s where it gets interesting and potentially complicated. While the bill shuts down new mining and leasing, it specifically allows the Secretary of the Interior to still sell the surface estate of the land (SEC. 2). Think of it like this: someone could buy the top layer—the dirt, trees, and everything you can see—to use for non-mining purposes. However, the bill has a critical catch: if the surface is sold, the United States must retain ownership of the mineral estate underneath. This means the government keeps the rights to any oil, gas, or minerals buried below the surface.

What This Means for Everyday Life

For those who value public land conservation, this bill offers a high degree of certainty that these 4,288 acres won't be turned into a future mining operation or geothermal plant. The land is protected from the heavy industrial activity that often comes with resource extraction. For developers, this is a permanent loss of potential access to those specific resources, forcing them to look elsewhere.

Crucially, the provision allowing the sale of the surface while retaining mineral rights sets up a future management challenge. Imagine a scenario where a private owner buys the surface land for a ranch or a home. If the government ever decides to exercise its retained mineral rights in the future—say, by leasing the subsurface to a company for existing rights or for purposes not covered by this withdrawal—that private surface owner could face conflicts. While the immediate intent is protection, that separation of surface and subsurface ownership can lead to complex legal headaches down the road, pitting private landowners against federal mineral interests.