[Senate Report 108-23]
[From the U.S. Government Publishing Office]
Calendar No. 38
108th Congress Report
SENATE
1st Session 108-23
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MOUNT NAOMI WILDERNESS BOUNDARY ADJUSTMENT ACT
_______
March 19, 2003.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 278]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 278) to make certain adjustments to the
boundaries of the Mount Naomi Wilderness Area, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE OF THE MEASURE
S. 278 adjusts the boundaries of the Mount Naomi Wilderness
by removing 31 acres of land and by adding another 31 acres.
Subject to valid existing rights, the Utah Wilderness Act of
1984 will apply to the land added to the Mount Naomi
Wilderness.
BACKGROUND AND NEED
The Mount Naomi Wilderness Area (MNWA), located to the
northeast of Logan, Utah, was created by the Utah Wilderness
Act of 1984 (Public Law 98-428). Encompassing approximately
44,523 acres in the Wasatch-Cache National Forest, the MNWA is
one of the largest wilderness areas in the State of Utah and
provides many recreational opportunities for the residents of
Cache County.
The close proximity of portions of the MNWA to Logan City
limits creates difficulty for the Forest Service to manage
these lands for wilderness uses, and also presents potential
problems for the city. In one area of approximately 31 acres,
the MNWA's southwestern boundary abuts the Logan City limits.
Within this small area is a utility corridor with several
utility, power and communication lines that existed prior to
the designation of the wilderness area. Maintenance of these
facilities is extremely difficult because no motorized or
mechanized equipment may be operated within a wilderness area.
Adjusting the boundaries of the wilderness area to exclude this
small area would provide a common-sense solution both to the
utility corridor's maintenance problem and the Forest Service's
management problem.
The 31-acre adjustment would provide a manageable, natural
boundary for the wilderness area. It allows the boundary to
follow the natural contour lines at the base of Mount Naomi
rather than arbitrary boundary lines on a map. The area to be
adjusted was chosen and agreed upon by the Forest Service,
Logan City, and Cache County, and is the smallest area
necessary to complete this adjustment and realign the boundary.
Additionally, a small portion of the Bonneville Shoreline
Trail has been proposed within this 31-acre area adjacent to
the Logan City limits. This portion of the trail would connect
with a number of other trails in the Bonneville Shoreline Trail
system, and would provide outstanding recreational
opportunities to thousands of people each year. The trail would
be approximately eight feet wide and accessible to pedestrian,
biking, and equestrian traffic. Adjusting the boundary around
this 31-acre area would serve to eliminate a potential non-
conforming use in the wilderness area. This is the only portion
of this trail that lies within the wilderness area.
In order to prevent a net loss of wilderness due to this
boundary adjustment, the Forest Service, in consultation with
the city of Logan and Cache County, identified a separate 31-
acre parcel with wilderness characteristics located adjacent to
the southern boundary of the wilderness area. This parcel would
be added to the wilderness area by this legislation. Thus,
there would be no net loss of wilderness.
LEGISLATIVE HISTORY
S. 278 was introduced by Senator Bennett on February 4,
2003. The Public Lands and Forests Subcommittee held a hearing
on S. 278 on February 27, 2003. At the business meeting on
March 12, 2003, the Committee on Energy and Natural Resources
ordered S. 278 favorably reported.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on March 12, 2003, by a voice vote of a quorum
present, recommends that the Senate pass S. 278.
SECTION-BY-SECTION ANALYSIS
Section 1 provides a short title for the bill, ``The Mount
Naomi Wilderness Boundary Adjustment Act.''
Section 2 adjusts the boundaries of the Mount Naomi
Wilderness by removing 31 acres of land depicted on the map as
``Land Excluded'' and by adding 31 acres of land, depicted on
the map as ``Land Added''. Subject to valid existing rights the
Utah Wilderness Act of 1984 shall apply to the land added to
the Mount Naomi Wilderness.
Section 3 provides a map of reference and authorizes the
Secretary of Agriculture to make technical corrections.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 13, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 278, the Mount Naomi
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,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 278--Mount Naomi Wilderness Boundary Adjustment Act
CBO estimates that enacting S. 278 would have no
significant impact on the federal budget. The bill would not
affect direct spending or receipts. S. 278 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.
S. 278 would adjust the existing boundary of the Mount
Naomi Wilderness in the Wasatch-Cache National Forest in Utah.
The adjustment would exclude from the wilderness area about 31
acres of land and, subject to valid existing rights, would add
31 acres of other national forest land. Based on information
from the Forest Service, CBO estimates that the proposed change
would not significantly affect the agency's costs to manage
those lands.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 278. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 278, as ordered reported.
EXECUTIVE COMMUNICATIONS
On, March 12, 2003, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth Executive agency recommendations on S. 278. These reports
had not been received at the time the report on S. 278 was
filed. When the reports become available, the Chairman will
request that they be printed in the Congressional Record for
the advice of the Senate. The testimony provided by the U.S.
Forest Service at the Subcommittee hearing follows:
Statement of Jim Reaves, Director, Vegetation Management and Protection
Research, Forest Service, United States Department of Agriculture
Mr. Chairman and Members of the Subcommittee, Thank you for
the opportunity to appear before you today. I am Jim Reaves,
Director, Vegetation Management and Protection Research. With
me today is David Cleaves, National Program Leader for Fire
Systems Research. I would like to present the Administration's
views on S. 278--the Mount Naomi Wilderness Boundary Act.
The Department supports S. 278, a bill that would adjust
the boundary of the Mount Naomi Wilderness in the Wasatch-Cache
National Forest in Utah. We believe the boundary adjustment
will create a higher level of wilderness value by improving the
area's solitude, scenery, and pristine qualities. We supported
similar legislation that was considered during the 107th
Congress.
The boundary adjustment would exclude approximately 31
acres of land currently part of the Mount Naomi Wilderness and,
subject to with valid existing rights, would add 31 acres to
the wilderness area. The bill also requires the Secretary to
manage the 31 additional acres pursuant to the Utah Wilderness
Act of 1984 (Public Law 98-428).
The adjustment would allow for the alignment of the
Bonneville Shoreline trail, which is a multi-county
recreational trail. The trail is designed predominately for
heavy non-motorized use, which does not conform to use as a
wilderness trail. The boundary adjustment would also eliminate
the need for a power line easement within the wilderness area,
which is also a non-conforming use.
This concludes my statement and we look forward to working
with the Subcommittee. I would be happy to answer any questions
you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 278, as ordered
reported.