[House Report 107-34]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-34
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TO ENSURE THE CONTINUED ACCESS OF HUNTERS TO THOSE FEDERAL LANDS
INCLUDED WITHIN THE BOUNDARIES OF THE CRATERS OF THE MOON NATIONAL
MONUMENT IN THE STATE OF IDAHO PURSUANT TO PRESIDENTIAL PROCLAMATION
7373 OF NOVEMBER 9, 2000, AND TO CONTINUE THE APPLICABILITY OF THE
TAYLOR GRAZING ACT TO THE DISPOSITION OF GRAZING FEES ARISING FROM THE
USE OF SUCH LANDS, AND FOR OTHER PURPOSES
_______
April 3, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
together with
SUPPLEMENTAL VIEWS
[To accompany H.R. 601]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 601) to ensure the continued access of hunters to those
Federal lands included within the boundaries of the Craters of
the Moon National Monument in the State of Idaho pursuant to
Presidential Proclamation 7373 of November 9, 2000, and to
continue the applicability of the Taylor Grazing Act to the
disposition of grazing fees arising from the use of such lands,
and for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill
as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION. 1. SPECIAL MANAGEMENT REQUIREMENTS FOR FEDERAL LANDS RECENTLY
ADDED TO CRATERS OF THE MOON NATIONAL MONUMENT,
IDAHO.
(a) Redesignation.--The approximately 410,000 acres of land added to
the Craters of the Moon National Monument by Presidential Proclamation
7373 of November 9, 2000, and identified on the map accompanying the
Proclamation for administration by the National Park Service, shall, on
and after the date of enactment of this Act, be known as the ``Craters
of the Moon National Preserve''.
(b) Administration.--
(1) In general.--Except as provided by paragraph (2), the
Craters of the Moon National Preserve shall be administered in
accordance with--
(A) Presidential Proclamation 7373 of November 9,
2000;
(B) the Act of June 8, 1906, (commonly referred to as
the ``Antiquities Act''; 34 Stat. 225; 16 U.S.C. 431);
and
(C) the laws generally applicable to units of the
National Park System, including the Act entitled ``An
Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C. 1 et
seq.).
(2) Hunting.--The Secretary of the Interior shall permit
hunting on lands within the Craters of the Moon National
Preserve in accordance with the applicable laws of the United
States and the State of Idaho. The Secretary, in consultation
with the State of Idaho, may designate zones where, and
establish periods when, no hunting may be permitted for reasons
of public safety, protection of the area's resources,
administration, or public use and enjoyment. Except in
emergencies, any regulations prescribing such restrictions
relating to hunting shall be put into effect only after
consultation with the State of Idaho.
Amend the title so as to read:
A bill to redesignate certain lands within the Craters of
the Moon National Monument, and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 601, as ordered reported, is to
redesignate certain lands within the Craters of the Moon
National Monument, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Craters of the Moon National Monument, located in
Idaho, was established in 1924 by Presidential Proclamation for
the purpose of protecting the unusual landscape of the Craters
of the Moon lava field. This ``lunar'' landscape resembles that
of the Moon and was described in the Presidential Proclamation
that established it as ``weird and scenic landscape peculiar to
itself.'' After 1924, the monument was expanded four times by
Presidential Proclamation to include 53,440 acres.
On November 9, 2000, former President Clinton executed
Presidential Proclamation 7373 to expand the boundaries of the
monument to include an additional 661,287 acres. The
Proclamation assigned approximately 410,000 acres of land
previously managed by the Bureau of Land Management (BLM) to
the administrative jurisdiction of the National Park Service.
Before the inclusion of the expansion area in the national
monument, these federal lands were open to hunting and grazing.
The National Park Service historically disallows hunting and
livestock grazing on lands under its jurisdiction unless
specifically mandated by Congress. This bill seeks to obtain
that mandate of approval from Congress.
The Proclamation contained the expressed intent to neither
enlarge nor diminish the jurisdiction of the State of Idaho
with respect to fish and wildlife management in the expansion
area and stated that the laws, regulations and policies
followed by the BLM in issuing and administering grazing
permits or leases on lands under its jurisdiction would
continue to apply. All fees collected on lands managed by BLM
are distributed as defined by the Taylor Grazing Act: 50
percent to the U.S. Treasury, 37.5 percent to the district BLM
office from which the fees originated, and 12.5 percent to the
local District Grazing Boards for range improvements. In
contrast, the National Park Service retains all grazing fees
generated from grazing activity on lands under its management.
The loss of revenue has an adverse impact on the work of the
local Grazing Districts. As introduced, H.R. 601 mandates that
all grazing fees collected within the boundaries of the
monument on both BLM and Park Service land would still be
distributed as defined by the Taylor Grazing Act.
COMMITTEE ACTION
H.R. 601 was introduced on February 13, 2001, by
Congressman Mike Simpson (R-ID). The bill was referred to the
Committee on Resources and within the Committee to the
Subcommittee on National Parks, Recreation and Public Lands. On
March 13, 2001, the Subcommittee held a hearing on the bill. On
March 22, 2001, the Subcommittee met to mark up the bill.
Congressman Simpson offered an amendment in the nature of a
substitute to address three concerns. First, the amendment
struck all references to the disposition of grazing fees and
the Taylor Grazing Act. Second, the amendment inserted language
to ensure that the Secretary of the Interior has appropriate
oversight, in cooperation and consultation with the State of
Idaho, over hunting activity within the expanded area managed
by the National Park Service. Finally, the amendment designated
the expanded area under the jurisdiction of the National Park
Service as a ``national preserve'' rather than a ``national
monument.'' This change in designation will not affect the
current management of the monument. The amendment in the nature
of a substitute was adopted by voice vote. The bill, as
amended. was then ordered forwarded to the Full Committee. On
March 28, 2001, the Full Resources Committee met to consider
the bill. No further amendments were offered and the bill, as
amended, was ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation.--Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act.--As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives.-- This bill
does not authorize funding and therefore, clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate.--Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2001.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 601, a bill to
redesignate certain lands within the Craters of the Moon
National Monument, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megal
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 601--A bill to redesignate certain lands within the Craters of the
Moon National Monument, and for other purposes
CBO estimates that implementing H.R. 601 would not
significantly affect the federal budget. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply. H.R. 601 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would impose no costs on
state, local, or tribal governments.
The Craters of the Moon National Monument in Idaho
comprises more than 700,000 acres of land and is jointly
administered by the National Park Service (NPS) and the Bureau
of Land Management (BLM). The bill would redesignate about
410,000 acres of land within that monument as a national
preserve. Based on information from the NPS and BLM, we
estimate that redesignating those lands would not significantly
affect the agencies' costs. The bill also would direct the
Secretary of the Interior to allow hunting within the proposed
preserve. According to the agencies, that change would not
affect federal spending or receipts.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Robert A. Sunshine, Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
SUPPLEMENTAL VIEWS
Resource Committee Democrats did not object to, and in
fact, supported consideration of H.R. 601 because it represents
a technical amendment to the recently expanded Craters of the
Moon National Monument. The legislation in no way seeks to
repudiate the November 9, 2000 action taken by President
Clinton to expand the national monument.
In this regard, H.R. 601 simply allows hunting, a
traditional use of the expanded area, to continue. Except for
hunting, no other change is made or contemplated to the
management of the significant natural resources of the Craters
of the Moon area.
Craters of the Moon National Monument was initially
established by Proclamation of President Coolidge in 1924 and
is administered by the National Park Service (NPS). The 661,287
acres of additional Federal lands added to the monument by
President Clinton had been managed by the Bureau of Land
Management (BLM) and hunting was permitted on these lands.
Under the November 9, 2000 Proclamation, the NPS now manages
approximately 410,000 acres of the expansion area which contain
nationally significant exposed lava flows while the BLM
continues to administer the remaining 251,287 acre portion of
the expanded monument.
While hunting can continue on the BLM-managed portion of
the expanded area, this activity is normally not allowed in
national monuments administered by the NPS. As such, it is not
allowed on the NPS-managed portion of the expanded area.
H.R. 601 addresses this minor discrepancy by redesignating
the approximately 410,000 acre expansion area that the NPS
manages as the ``Craters of the Moon National Preserve.'' This
change is consistent with previous Acts that permitted hunting
in national park system units. Except for hunting, the preserve
will be managed exactly the same as the original Craters of the
Moon National Monument.
This bill in no way reflects a rollback of the national
monument designations or expansions made by President Clinton
nor does it signal the acquiescence of Committee Democrats to
any such move.
Nick Rahall.