[House Report 107-392]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-392
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GUNN MCKAY NATURE PRESERVE ACT
_______
April 9, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3909]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3909) to designate certain Federal lands in the State of
Utah as the Gunn McKay Nature Preserve, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 3909 is to designate certain Federal
lands in the State of Utah as the Gunn McKay Nature Preserve,
and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Several years ago, residents of Huntsville, Utah, learned
that the U.S. Forest Service was planning to build a heliport
landing area near the city limits on undeveloped federal land
to facilitate fighting wildfires in the surrounding forests.
Concerned about helicopters landing and taking off in such
close proximity to their neighborhoods, Huntsville residents
proposed to the Forest Service that this open-space instead be
designated as a nature preserve. A non-profit organization was
formed to that end, and the Forest Service agreed with the
residents' proposal.
H.R. 3909 designates approximately 15 acres of Forest
Service land near Huntsville, Utah, as the Gunn McKay Nature
Preserve, named in the honor of the late Gunn McKay, who served
as Utah's 1st District representative in Congress from 1971 to
1981. The bill authorizes the Forest Service to work with the
city of Huntsville and the Gunn McKay Nature Preserve
Foundation to develop a management plan. The preserve would be
managed by the Forest Service in cooperation with the Gunn
McKay Nature Preserve Foundation.
COMMITTEE ACTION
H.R. 3909 was introduced on March 7, 2002, by Congressman
James V. Hansen (R-UT). The bill was referred to the Committee
on Resources. On March 20, 2002, the Full Resources Committee
met to consider the bill. It was adopted by unanimous consent.
The bill 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, 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, April 1, 2002.
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. 3909, the Gunn
McKay Nature Preserve 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. 3909--Gun McKay Nature Preserve Act
CBO estimates that H.R. 3909 would have no significant
impact on the federal budget. The bill could affect direct
spending (including offsetting receipts); therefore, pay-as-
you-go procedures would apply, but we estimate that any such
impacts would be negligible. H.R. 3909 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
H.R. 3909 would designate 15 acres of federal lands near
Huntsville, Utah, as the Gunn McKay Nature Preserve. Subject to
valid existing rights, the bill would withdraw those lands from
programs to develop mineral and geothermal resources. H.R. 3909
would direct the Secretary of Agriculture to develop a
management plan for the proposed preserve in consultation with
the city of Huntsville and the Gunn McKay Nature Preserve
Foundation, a nonprofit corporation. The bill would authorize
the Secretary to enter into a cooperative agreement with that
corporation to manage the preserve.
Based on information from the Forest Service, CBO estimates
that designating the proposed preserve would not significantly
affect federal spending. Withdrawing lands within the area from
leasing and development could result in forgone offsetting
receipts from those lands if, under current law, the lands
would generate receipts from those activities. According to the
Forest Service, however, those lands currently generate no
significant receipts from such activities, and the agency does
not expect them to generate significant receipts over the next
10 years. Hence, we estimate that any change sin offsetting
receipts under H.R. 3909 would be negligible.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
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.