[House Report 107-150]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-150
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MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENT ACT
_______
July 23, 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
DISSENTING VIEWS
[To accompany H.R. 451]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 451) to make certain adjustments to the boundaries of the
Mount Nebo Wilderness Area, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mount Nebo Wilderness Boundary
Adjustment Act''.
SEC. 2. BOUNDARY ADJUSTMENTS.
(a) Lands Removed.--The boundary of the Mount Nebo Wilderness is
adjusted to exclude the following:
(1) Monument springs.--The approximately 8.4 acres of land
depicted on the Map as ``Monument Springs''.
(2) Gardner canyon.--The approximately 177.8 acres of land
depicted on the Map as ``Gardner Canyon''.
(3) Birch creek.--The approximately 5.0 acres of land
depicted on the Map as ``Birch Creek''.
(4) Ingram canyon.--The approximately 15.4 acres of land
depicted on the Map as ``Ingram Canyon''.
(5) Willow north a.--The approximately 3.4 acres of land
depicted on the Map as ``Willow North A''.
(6) Willow north b.--The approximately 6.6 acres of land
depicted on the Map as ``Willow North B''.
(7) Willow south.--The approximately 21.5 acres of land
depicted on the Map as ``Willow South''.
(8) Mendenhall canyon.--The approximately 9.8 acres of land
depicted on the Map as ``Mendenhall Canyon''.
(9) Wash canyon.--The approximately 31.4 acres of land
depicted on the Map as ``Wash Canyon''.
(b) Lands Added.--Subject to valid existing rights, the boundary of
the Mount Nebo Wilderness is adjusted to include the approximately
293.2 acres of land depicted on the Map for addition to the Mount Nebo
Wilderness. The Utah Wilderness Act of 1984 (Public Law 94-428) shall
apply to the land added to the Mount Nebo Wilderness pursuant to this
subsection.
SEC. 3. MAP.
(a) Definition.--For the purpose of this Act, the term ``Map'' shall
mean the map entitled ``Mt. Nebo Wilderness Boundary Adjustment'',
numbered 531, and dated May 29, 2001.
(b) Map on File.--The Map and the final document entitled ``Mount
Nebo, Proposed Boundary Adjustments, Parcel Descriptions (See Map
#531)'' and dated June 4, 2001, shall be on file and available for
inspection in the office of the Chief of the Forest Service, Department
of Agriculture.
(c) Corrections.--The Secretary of Agriculture may make technical
corrections to the Map.
SEC. 4. TECHNICAL BOUNDARY ADJUSTMENT.
The boundary of the Mount Nebo Wilderness is adjusted to exclude the
approximately 21.26 acres of private property located in Andrews
Canyon, Utah, and depicted on the Map as ``Dale''.
PURPOSE OF THE BILL
The purpose of H.R. 451 is to make certain adjustments to
the boundaries of the Mount Nebo Wilderness Area, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Mount Nebo Wilderness Area is located in the Uinta
National Forest in Juab County, Utah. The Mount Nebo area was
designated a Wilderness Area in the Utah Wilderness Act of 1984
(Utah Wilderness Act). However, that Act inappropriately
designated various parcels of public land as wilderness that
also included improved water system developments for
surrounding communities. These water developments provide clean
drinking water for Juab County, and are in need of periodic
maintenance.
Because motorized or mechanical equipment is prohibited
from entering a formally-designated wilderness area, the
necessary maintenance of these water systems has been deficient
and they have begun to deteriorate. In a portion of the current
Mt. Nebo Wilderness, the Willow Creek area, a concrete ditch
recently became so dilapidated, that it was unable to sustain
the flow of water. Due to the county's inability to
sufficiently maintain the ditch using the proper equipment, the
water caused substantial erosion before it was able to be
repaired. Unless the current situation is corrected to allow
for maintenance of these systems using motorized equipment,
more large-scale damage, erosion, and disruptions in water
supplies for communities is to be expected.
Under this legislation, approximately 279.3 acres would be
excluded from wilderness status in the resulting boundary
adjustment. However, approximately 293.2 acres of land
currently classified as ``roadless'' would be added back as
wilderness . Thus, there would be a ten (10) acre net gain in
the overall size of the Mount Nebo Wilderness Area.
Further, this legislation removes a small portion of
private land (21.26 acres) from within the borders of Mount
Nebo Wilderness Area which was improperly included in the Utah
Wilderness Act. The Wilderness Act of 1964 states that only
federally owned land may be included in the National Wilderness
Preservation System.
COMMITTEE ACTION
H.R. 451 was introduced on February 6, 2001 by Congressman
James Hansen (R-UT). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On April 25, 2001, the Subcommittee
held a hearing on the bill. On June 21, 2001, the Subcommittee
met to mark up the bill. Congressman James Hansen (R-UT)
offered an amendment in the nature of a substitute to: (1)
reduce the amount of land removed from the wilderness area in
Wash Canyon, Mendenhall Canyon, Willow North A, Willow North B,
Willow South, Ingram Creek, Birch Creek, Gardner Canyon and
Monument Springs to minimum levels needed to service water
facilities in these areas, while correspondingly reducing the
amount of new land added to the wilderness area so that there
would be a net gain in the size of the wilderness area of 13.9
acres; and (2) strike Section 5 of the bill, concerning water
uses under the Utah Wilderness Act of 1984. It was adopted by
voice vote. The bill was then forwarded to the Full Committee
by voice vote. On June 27, 2001, the Full Resources Committee
met to consider the bill. The bill, as amended, was then
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 of the Constitution of the United
States grants 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, credit
authority, or an increase or decrease in tax expenditures.
According to the Congressional Budget Office, the bill could
affect direct spending and offsetting receipts. However, such
impacts would be negligible.
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, June 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. 451, the Mount
Nebo Wilderness Boundary Adjustment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson,
(For Dan L. Crippen, Director).
Enclosure.
H.R. 451--Mount Nebo Wilderness Boundary Adjustment Act
CBO estimates that enacting H.R. 451 would have no
significant impact on the federal budget. Because the bill
could affect direct spending and offsetting receipts, pay-as-
you-go procedures would apply; but we estimate that any such
impacts would be negligible. H.R. 451 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. Enactment of this
legislation would benefit Juab County, Utah, by allowing it
greater access to water supply facilities.
H.R. 451 would adjust the boundaries of the Mount Nebo
Wilderness Area, located in Utah and administered by the Forest
Service. The bill would remove from the wilderness area about
279 acres of federal lands that include water systems and
facilities that cannot adequately be maintained because they
are located within the wilderness area. To offset the removal
of those lands, H.R. 451 would add about 293 acres of other
federal lands administered by the Forest Service to the Mount
Nebo Wilderness Area, subject to valid existing rights.
Finally, H.R. 451 would correct the boundary of the wilderness
area to exclude about 21 acres of private owned land.
Based on information from the Forest Service, CBO estimates
that any increased costs incurred by the agency to update maps
and move signs to reflect the revised boundaries of the
wilderness area would be negligible. Changing the
classification of classification of federal lands could affect
whether new income-generating activities can occur on those
lands. Thus, enacting this legislation could affect offsetting
receipts, but we estimate that any such effects would be small.
According to the Forest Service, none of the lands involved
currently generate significant receipts, and they are not
expected to do so in the near future, regardless of whether
they lie within or outside the wilderness area.
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.
DISSENTING VIEWS
As introduced, H.R. 451 would change the boundaries of a
congressionally designated wilderness area. H.R. 451 would
adjust the boundaries of the Mount Nebo Wilderness on the Uinta
National Forest in Utah by removing approximately 429 acres and
adding approximately 440 acres. The eight parcels to be
excluded from wilderness include mines, and water transmission
and storage facilities. The bill would also amend the Utah
Wilderness Act of 1984 to facilitate motorized access to and
installation and maintenance of all water systems in Utah
wilderness.
Under existing law, water system operator permittees must
get permission from the Regional Forester to maintain their
systems by motorized access. Complying with stringent
guidelines for wilderness management, the Forest Service has
not routinely granted these requests. H.R. 451 addresses the
difficulties and frustrations encountered by these operators by
``cherry stemming'' these areas out of the wilderness.
As amended, H.R. 451 removes the minimum amount of acreage
necessary to allow motorized access for these facilities. Like
the introduced bill, it adds more acreage to the wilderness
area than is removed--approximately 293 and 279 acres
respectively. Finally, it removes the global amendment to the
Utah Wilderness Act of 1984. These amendments significantly
improve the bill. Nevertheless, without language to restrict
motorized use in areas removed from wilderness to repairing or
maintaining existing facilities operating under current special
use permits, H.R. 451 could lead to more widespread use of
motorized vehicles in and around the wilderness and make
boundary management difficult.
Changes to wilderness boundaries and management should not
be made lightly nor done routinely. Wilderness bills are the
results of lengthy, carefully negotiations; areas included and
excluded from wilderness are rarely accidental. Legislation
that overrides the Wilderness Act undermines the Act and
degrades wilderness values. H.R. 451 addresses a unique
situation but should not serve as precedent for significantly
modifying congressionally designated wilderness boundaries.
Jay Inslee.