[House Report 106-647]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-647
======================================================================
SAN RAFAEL WESTERN LEGACY DISTRICT AND NATIONAL CONSERVATION ACT
_______
June 6, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3605]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3605) to establish the San Rafael Western Legacy District
in the State of Utah, 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 out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Rafael Western Legacy District and
National Conservation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area'' means
the San Rafael National Conservation Area established by
section 201.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Western legacy district.--The term ``Western Legacy
District'' means the San Rafael Western Legacy District
established by section 101.
TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT
SEC. 101. ESTABLISHMENT OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.
(a) In General.--In order to promote the preservation, conservation,
interpretation, scientific research, and development of the historical,
cultural, natural, recreational, archeological, paleontological,
environmental, biological, educational, wilderness, and scenic
resources of the San Rafael region of the State of Utah, as well as the
economic viability of rural communities in the region, there is hereby
established the San Rafael Western Legacy District, to include the San
Rafael National Conservation Area established by section 201.
(b) Areas Included.--The Western Legacy District shall consist of
approximately 2,842,800 acres of land in the County of Emery, Utah, as
generally depicted on the map entitled ``San Rafael Western Legacy
District and National Conservation Area'' and dated __________.
(c) Map and Legal Description.--As soon as practicable after the date
of the enactment of this Act, the Secretary shall submit to the
Congress a map and legal description of the Western Legacy District.
The map and legal description shall have the same force and effect as
if included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management, and in the appropriate office of the Bureau of the Land
Management in Utah.
(d) Legacy Council.--
(1) In general.--The Secretary shall establish a Legacy
Council to advise the Secretary with respect to the Western
Legacy District. The Legacy Council may furnish advice and
recommendations to the Secretary with respect to management,
grants, projects, and technical assistance.
(2) Membership.--The Legacy Council shall consist of not more
than 10 members appointed by the Secretary. Two members shall
be appointed from among the recommendations submitted by the
Governor of Utah and 2 members shall be appointed from among
the recommendations submitted by the Emery County
Commissioners. The remaining members shall be persons
recognized as experts in conservation of the historical,
cultural, natural, recreational, archeological, environmental,
biological, educational, and scenic resources or other
disciplines directly related to the purposes for which the
Western Legacy District is established.
(3) Relationship to other law.--The establishment and
operation of the Legacy Council established under this section
shall conform to the requirement of the Federal Advisory
Committee Act (5 U.S.C. App.) and the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) Assistance.--
(1) In general.--The Secretary may make grants and provide
technical assistance to accomplish the purposes of this section
to any nonprofit or unit of government with authority in the
boundaries of the Western Legacy District.
(2) Permitted uses.--Grants and technical assistance made
under this section may be used for planning, reports, studies,
interpretive exhibits, historic preservation projects,
construction of cultural, recreational, educational, and
interpretive facilities that are open to the public, and such
other expenditures as are consistent with this Act.
(3) Planning.--Up to $100,000 of amounts available to carry
out this section each fiscal year, up to a total amount not to
exceed $200,000, may be provided under this subsection only to
a unit of government or a political subdivision of the State of
Utah for use for planning activities.
(4) Matching funds.--Federal funding provided under this
section may not exceed 50 percent of the total cost of the
activity carried out with such funding, except that non-Federal
matching funds are not required with respect to--
(A) planning activities carried out with assistance
under paragraph (3); and
(B) use of assistance under this section for
facilities located on public lands and that are owned
by the Federal Government.
(5) Authorization of appropriations.--There are authorized to
be appropriated under this section not more than $1,000,000
annually for any fiscal year, not to exceed a total of
$10,000,000.
SEC. 102. MANAGEMENT AND USE OF THE SAN RAFAEL WESTERN LEGACY DISTRICT.
(a) In General.--The Secretary, through the Bureau of Land Management
and subject to all valid existing rights, shall administer the public
lands within the Western Legacy District pursuant to this Act and the
applicable provisions of the Federal Land Policy and Management Act (43
U.S.C. 1701 et seq.). The Secretary shall allow such uses of the public
land as the Secretary determines will further the purposes for which
the Western Legacy District was established.
(b) Fish and Wildlife.--Nothing in this Act shall be construed as
affecting the jurisdiction or responsibilities of the State of Utah
with respect to fish and wildlife within the Western Legacy District.
(c) Private Lands.--Nothing in this Act shall be construed as
affecting private property rights within the Western Legacy District.
(d) Public Lands.--Nothing in this Act shall be construed as in any
way diminishing the Secretary's or the Bureau of Land Management's
authorities, rights, or responsibilities for managing the public lands
within the Western Legacy District.
TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA
SEC. 201. DESIGNATION OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.
(a) Purposes.--In order to conserve, protect, and enhance for the
benefit and enjoyment of present and future generations the unique and
nationally important values of the Western Legacy District and the
public lands described in subsection (b), including historical,
cultural, natural, recreational, scientific, archeological,
paleontological, environmental, biological, wilderness, wildlife,
educational, and scenic resources, there is hereby established the San
Rafael National Conservation Area in the State of Utah.
(b) Areas Included.--The Conservation Area shall consist of
approximately 947,000 acres of public lands in the County of Emery,
Utah, as generally depicted on the map entitled ``San Rafael Western
Legacy District and National Conservation Area'' and dated ________.
Notwithstanding any depiction on such map, the boundary of the
Conservation Area shall be set back 300 feet from the edge of the
Interstate 70 right-of-way and 300 feet from the edge of the State
Route 24 right-of-way.
(c) Map and Legal Description.--As soon as practicable after the date
of the enactment of this Act, the Secretary shall submit to the
Congress a map and legal description of the Conservation Area. The map
and legal description shall have the same force and effect as if
included in this Act, except the Secretary may correct clerical and
typographical errors in such map and legal description. Copies of the
map and legal description shall be on file and available for public
inspection in the Office of the Director of the Bureau of Land
Management and in the appropriate office of the Bureau of Land
Management in Utah.
SEC. 202. MANAGEMENT OF THE SAN RAFAEL NATIONAL CONSERVATION AREA.
(a) Management.--The Secretary, acting through the Bureau of Land
Management, shall manage the Conservation Area in a manner that
conserves, protects, and enhances its resources and values, including
those resources and values specified in section 201(a), and pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.), and other applicable provisions of law, including this Act.
(b) Uses.--The Secretary shall allow only such uses of the
Conservation Area as the Secretary finds will further the purposes for
which the Conservation Area is established.
(c) Vehicular Uses.--
(1) In general.--Except where needed for administrative
purposes or to respond to an emergency, and subject to
paragraph (2), use of motorized vehicles in the Conservation
Area shall be--
(A) prohibited at all times in areas where roads and
trails did not exist as of February 2, 2000;
(B) limited to roads and trails that--
(i) existed as of February 2, 2000; and
(ii) are designated for motorized vehicle use
as part of the management plan prepared
pursuant to subsection (f); and
(C) managed consistent with section 8340 of title 43,
Code of Federal Regulations (relating to designating
public lands as open, limited, or closed to the use of
off-road vehicles and establishing controls governing
the use and operation of off-road vehicles in such
areas).
(2) Limitation on application.--(A) Subparagraphs (A) and (B)
of paragraph (1) do not limit the provision of reasonable
access to private lands or State lands within the Conservation
Area.
(B) Any access to private lands or State lands pursuant to
subparagraph (A) of this paragraph shall be restricted to
exclusive use by, respectively, the owner of the private lands
or the State.
(d) Withdrawals.--
(1) In general.--Subject to valid existing rights and except
as provided in paragraph (2), all Federal lands within the
Conservation Area and all lands and interests therein that are
hereafter acquired by the United States are hereby withdrawn
from all forms of entry, appropriation, or disposal under the
public land laws and from location, entry, and patent under the
mining laws, and from operation of the mineral leasing and
geothermal leasing laws and all amendments thereto. Nothing in
this paragraph shall be construed to effect discretionary
authority of the Secretary under other Federal laws to grant,
issue, or renew rights-of-way or other land use authorizations
consistent with the other provisions of this Act.
(2) Communication facilities.--The Secretary may authorize
the installation of communications facilities within the
Conservation Area, but only to the extent that they are
necessary for public safety purposes. Such facilities must have
a minimal impact on the resources of the Conservation Area and
must be consistent with the management plan established under
subsection (f).
(e) Hunting, Trapping, and Fishing.--Hunting, trapping, and fishing
shall be permitted within the Conservation Area in accordance with
applicable laws and regulations of the United States and the State of
Utah, except that the Utah Division of Wildlife Resources, or the
Secretary after consultation with the Utah Division of Wildlife
Resources, may issue regulations designating zones where and
establishing periods when no hunting, trapping, or fishing shall be
permitted for reasons of public safety, administration, or public use
and enjoyment.
(f) Management Plan.--Within 4 years after the date of enactment of
this Act, the Secretary shall develop a comprehensive plan for the
long-range protection and management of the Conservation Area. The plan
shall describe the appropriate uses and management of the Conservation
Area consistent with the provisions of this Act. The plan shall
include, as an integral part, a comprehensive transportation plan for
the lands within the Conservation Area. In preparing the transportation
plan the Secretary shall conduct a complete review of all roads and
trails within the Conservation Area. The plan may incorporate
appropriate decisions contained in any current management or activity
plan for the area and may use information developed in previous studies
of the lands within or adjacent to the Conservation Area.
(g) State Trust Lands.--The State of Utah and the Secretary may agree
to exchange Federal lands, Federal mineral interests, or payment of
money for lands and mineral interests of approximately equal value that
are managed by the Utah School and Institutional Trust Lands
Administration and inheld within the boundaries of the Conservation
Area.
(h) Access.--The Bureau of Land Management, the State of Utah, and
Emery County may agree to resolve section 2477 of the Revised Statutes
and other access issues within the Conservation Area.
(i) Wildlife Management.--Nothing in this Act shall be deemed to
diminish the responsibility and authority of the State of Utah for
management of fish and wildlife within the Conservation Area.
(j) Grazing.--Where the Secretary of the Interior currently permits
grazing, such grazing shall be allowed subject to all applicable laws,
regulations, and executive orders.
(k) No Buffer Zones.--The Congress does not intend for the
establishment of the Conservation Area to lead to the creation of
protective perimeters or buffer zones around the Conservation Area. The
fact that there may be activities or uses on lands outside the
Conservation Area that would not be permitted in the Conservation Area
shall not preclude such activities or uses on such lands up to the
boundary of the Conservation Area consistent with other applicable
laws.
(l) Water Rights.--Because the available water resources in the
drainage basins included in part within the exterior boundaries of the
Conservation Area have already been appropriated--
(1) nothing in this Act, the management plan required by
subsection (f), or any action taken pursuant thereto, shall
constitute either an express or implied reservation of surface
or ground water;
(2) nothing in this Act affects any valid existing water
rights in existence before the date of enactment of this Act,
including any water rights held by the United States; and
(3) if the United States determines that additional water
resources are needed for the purposes of this Act, the United
States shall work, with or through any agency that is eligible
to hold instream flow water rights, to acquire such rights in
accordance with Utah State water law.
(m) Wilderness Acts.--Nothing in this Act alters the provisions of
the Wilderness Act of 1964 (16 U.S.C. 1131) or the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.) as they pertain to
wilderness resources within the Conservation Area. Recognizing that the
designation of wilderness areas requires an Act of Congress, the Bureau
of Land Management, the State of Utah, Emery County, and affected
stakeholders may work toward resolving various wilderness issues within
the Conservation Area.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary to carry out
this title such sums as may be necessary.
PURPOSE OF THE BILL
The purpose of H.R. 3605 is to establish the San Rafael
Western Legacy District in the State of Utah, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
The establishment of the San Rafael Western Legacy District
will promote the development of historical, cultural, and
recreational resources related to the heritage of the San
Rafael region and the State of Utah. The area shall consist of
approximately 2,842,800 acres of land in Emery County of Utah.
An area within the Western Legacy District is to be designated
as the San Rafael National Conservation Area. This area,
consisting of nearly one million acres, is to be established to
conserve, protect, and enhance the unique and nationally
important values of the area for future generations.
The San Rafael Swell region is an area clearly in need of a
management scheme. Since I-70 bisects the area, visitation is
high, but not coordinated. Additionally, off-highway-vehicle
use is increasing in the area and must be managed.
In order to determine the appropriate management plan for
the area, a similar bill was introduced during the 105th
Congress. However, the previous bill specified land uses such
as wilderness, primitive, semi-primitive and the bill aroused
opposition. As a result, the Secretary of Interior and the
Emery County Commissioners, as well as all interested parties,
began negotiations for a more flexible approach. H.R. 3605 is
the outcome of those discussions and provides for the
establishment of a four-year planning process to manage the
National Conservation Area.
There are many diverse resources, ranging from
archeological to paleontological, in the San Rafael Swell
region. However, there is not a mechanism for bringing together
information to conserve and protect these resources. The
Western Legacy District would provide this mechanism by
centralizing information and directing resources toward those
sites most in need of preservation.
The Committee recognizes that off-highway vehicle (OHV) use
in the area is a major concern. In fact, the Secretary of the
Interior closed all but four roads in Wilderness Study Areas
within the area encompassed by the bill (Federal Register, Vol.
65, No. 55, March 21, 2000). The remaining roads can only
remain open if undue resource degradation does not occur
subject to section 8340 of title 43, Code of Federal
Regulations. The process of negotiating the bill has fostered a
cooperative relationship, which allowed both the County and OHV
groups to support the closure of the roads. To continue to
address OHV use, Congressman Chris Cannon (R-UT) offered an
amendment in Committee that would prohibit OHVs from all places
where roads and trails did not exist before February 2, 2000,
and allow them only on roads and trails specifically designated
for OHV use in the management plan. The roads and trails must
also be managed consistent with section 8340 of title 43, Code
of Federal Regulations, which specifies that roads and trails
may only remain open if there is no undue resource degradation.
The amendment also requires that the Secretary of the Interior
conduct a complete review of all roads and trails within the
Conservation Area and include within the management plan a
transportation plan. The Committee feels that these measures
will insure that OHV use is consistent with the purposes of the
National Conservation Area mandates, will insure proper
regulation of OHV use, and prevent resource degradation.
COMMITTEE ACTION
H.R. 3605 was introduced on February 9, 2000, by
Congressman Chris Cannon (R-UT). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on National Parks and Public Lands. On March 2,
2000, the Subcommittee held a hearing on the bill, where the
County Commissioners, the Utah State Historic Preservation
Officer, Director of the Utah Division of Parks and Recreation,
and Director of the Governor's Rural Partnership Office
testified in support of the bill. Additionally, the Secretary
of the Interior's office testified in favor of the bill. On
March 23, 2000, the Subcommittee met to mark up the bill. Mr.
Cannon offered an amendment to make some technical changes to
the bill that added language that would ensure the Secretary of
the Interior's ability to grant rights-of-way and replace the
hunting, trapping, and fishing language with previously agreed-
upon language. It was adopted by voice vote. The bill was then
ordered favorably reported as amended to the Full Committee by
voice vote. On May 16, 2000, the Full Resources Committee met
to consider the bill. Mr. Cannon offered an amendment to insert
water rights language agreed to by Emery County and the
Department of Interior. It was adopted by voice vote. Mr.
Cannon, as described above, also offered an amendment to
clarify off-highway-vehicle use in the National Conservation
Area. It was adopted by voice vote. Congressman Mark Udall (D-
CO) offered an amendment to designate the land in the National
Conservation Area as Wilderness Study Areas. The amendment
failed by a rollcall vote of 10 to 21, as follows:
The bill as amended was then ordered favorably reported to
the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title of the bill is the San Rafael Western
Legacy District and National Conservation Act
Section 2. Definitions
(1) Conservation Area.--The term ``Conservation Area''
means the San Rafael National Conservation Area established by
section 201.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Western Legacy District.--The term ``Western Legacy
District'' means the San Rafael Western Legacy District
established by section 101.
TITLE I--SAN RAFAEL WESTERN LEGACY DISTRICT
Section 101. Establishment of the San Rafael Western Legacy District
The San Rafael region possesses many important historical,
cultural, and natural resources that are representative of the
history of the American West. Its history includes influence
from Native American culture, exploration, pioneering, and
industrial development.
The Secretary of the Interior, through the Bureau of Land
Management, shall administer the public lands within the San
Rafael Western Legacy District pursuant to the bill and the
applicable provisions of the Federal Land Policy and Management
Act. The Secretary of the Interior is also to establish a
Legacy Council to advise the Secretary with respect to the
Western Legacy District. The Legacy Council's purpose will be
to furnish advice and recommendations to the Secretary with
respect to management, grants, projects, and assistance
regarding the region. Up to 10 council members would be
appointed by the Secretary, two of which would be selected from
Emery County and two from the Governor of Utah. Other members
of the Council would be persons recognized as experts in
conservation of historical, cultural, and natural resources or
other disciplines directly related to purposes of the Western
Legacy District.
The Secretary may make grants and provide technical
assistance to accomplish the purposes of the Western Legacy
District. The Act provides for annual expenditures of no more
than $1 million and a maximum of $10 million. Federal matching
funds may not exceed 50 percent of the total cost of the
assistance or grant except in cases where the funds are used
for facilities located on public lands owned by the federal
government, or when used for planning.
Section 102. Management and use of the San Rafael Western Legacy
District
The Secretary must have discretion over the use of the
public land in the Legacy District for the purposes of
furthering the reasons of its establishment. Nothing in this
bill will affect the status or administration of public or
private lands, water rights, wilderness issues, grazing zones,
or wildlife management in the Western Legacy District.
TITLE II--SAN RAFAEL NATIONAL CONSERVATION AREA
Section 201. Designation of the San Rafael National Conservation Area
In order to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the unique and
nationally important values of the Western Legacy District and
the public lands described in subsection (b), including
historical, cultural, natural, recreational, scientific,
archeological, paleontological, environmental, biological,
wilderness, wildlife, educational, and scenic resources, the
San Rafael National Conservation Area, consisting of nearly one
million acres in the State of Utah, is designated.
Section 202. Management of the San Rafael National Conservation Area
The Secretary, acting through the Bureau of Land
Management, would manage the Conservation Area. The Secretary
shall allow hunting, trapping and fishing in the Conservation
Area in accordance with applicable laws and regulations. The
Secretary, after consulting with the Utah Division of Wildlife
Resources, may issue regulations designating zones where and
periods when no hunting, trapping or fishing will be permitted
for reasons of public safety, administration, or public use and
enjoyment.
This bill allows the State of Utah and the Department of
the Interior to exchange federal lands, federal mineral
interests, and/or payment of money for land and mineral
interests managed by the Utah School and Institutional Trust
Lands Administration, of approximately equal value held within
the boundaries of the Conservation Area. The Committee
encourages the Secretary and the State School Trust Lands
Administration to enter into negotiations promptly to trade the
school trust lands out of the Conservation Area.
The bill contains language to prevent the establishment of
the Conservation Area to lead to the creation of protective
perimeters or buffer zones. Uses of lands outside the
Conservation Area shall be consistent with applicable laws and
not subject to regulation related to the Conservation Area.
Within four years following the date of enactment, the
Secretary will develop a comprehensive plan for the long-range
protection and management of the Conservation Area. The plan
will outline appropriate uses and management of the
Conservation Area consistent with the provisions of this bill.
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.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
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 in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 3605 could result in a loss of offsetting
receipts of less than $500,000 per year from lost potential
revenues from mining and geothermal leasing.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
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 1, 2000.
Hon. Don Young,
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. 3605, the San
Rafael Western Legacy District and National Conservation 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. 3605--San Rafael Western Legacy District and National Conservation
Act
Summary: H.R. 3605 would establish the San Rafael Western
Legacy District in Emery County, Utah and would authorize the
appropriation of $1 million a year for a total of up to $10
million for the Secretary of the Interior to provide grants and
technical assistance in support of that district. The bill also
would establish the San Rafael National Conservation Area
within the district and would authorize the appropriation of
sums necessary for the Secretary to manage that area.
CBO estimates that implementing H.R. 3605 would cost $15
million over the 2001-2005 period, assuming appropriation of
the necessary amounts. Because the bill could affect offsetting
receipts (a form of direct spending), pay-as-you-go procedures
would apply; however, CBO estimates that any such effects would
total less than $500,000 a year. H.R. 3605 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). State and local
governments might incur some costs as a result of the bill's
enactment, but these costs would be voluntary.
Estimated cost to the Federal Government: The estimated
budgetary impact of establishing and managing the legacy
district and conservation area is shown in the following table.
The table does not include additional costs that may be
incurred after 2005 to implement the management plan that would
be developed under H.R. 3605. We estimate that such
implementation costs would not exceed $10 million. The costs of
this legislation fall within budget function 300 (natural
resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2001 2002 2003 2004 2005
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level...................................... 3 3 3 3 3
Estimated Outlays.................................................. 3 3 3 3 3
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For the purpose of this estimate, CBO
assumes that H.R. 3605 will be enacted by the end of fiscal
year 2000. We also assume that the necessary funds will be
appropriated starting in fiscal year 2001 and that outlays
would follow the historical pattern for similar activities.
Spending subject to appropriation
CBO estimates that establishing and managing the legacy
district and conservation area as defined in this legislation
would cost about $3 million annually. That estimate includes $1
million authorized by the bill for each year to operate an
advisory council and to provide grants and technical assistance
to support the legacy district. In addition, based on
information from the Bureau of Land Management (BLM), CBO
estimates that the agency would spend about $2 million each
year to establish and manage the conservation area. That amount
includes the estimated costs of adding staff and administrative
services to the area, upgrading and maintaining existing
infrastructure and facilities, and preparing the management
plan required by the bill.
In addition, we estimate that implementing the management
plan after 2005 could cost up to $10 million, assuming
appropriation of the necessary amounts. According to BLM,
implementing that plan probably would require the construction
of new visitor and interpretive centers, campgrounds, and other
facilities. Based on information from the agency, we estimate
that those activities would require up to $10 million in
additional funding, some of which could be provided by
nonfederal sources. Because the bill would allow the agency to
spend four years developing the plan, we expect that any
spending to implement it would not occur before 2005.
Direct spending (including offsetting receipts)
H.R. 3605 would withdraw land in the San Rafael National
Conservation Area from mining, mineral leasing, and geothermal
leasing, subject to valid existing rights. Enacting those
provisions could result in forgone offsetting receipts from the
federal land over the next five years if, under current law,
the land would generate receipts from mineral and geothermal
development. Based on information from BLM, however, we
estimate that any such effects would total less than $500,000
each year. We estimate that other provisions in this bill would
have no significant impact on direct spending.
Pay-as-you-go considerations: The Balanced Budget and
Emergency Deficit Control Act sets up pay-as-you-go procedures
for legislation affecting direct spending or receipts. Because
provisions in H.R. 3605 that would withdraw certain lands from
mining, mineral leasing, and geothermal leasing could affect
offsetting receipts, pay-as-you-go procedures would apply. CBO
estimates, however, that any such effects would not be
significant.
Estimated impact on state, local, and tribal governments:
H.R. 3605 contains no intergovernmental mandates as defined in
UMRA. The state of Utah and local governments within the state
might choose to participate in the planning for and management
of these areas, and incur some costs as a result. Such costs
would be voluntary, and could be partially offset by federal
grants authorized by the bill.
Estimated impact on the private sector: This bill contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Majorie Miller; and
Impact on the Private Sector: Natalie Tawil.
Estimate 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.
DISSENTING VIEWS
We oppose H.R. 3605 in its present form. While the
legislation is an improvement over the seriously flawed
proposal (H.R. 3625) put forth in the 105th Congress, it still
falls far short of providing the resource protections the San
Rafael region so richly deserves.
Our concerns with H.R. 3605 fall into five categories: (1)
the boundaries used in the legislation, (2) off-road (ORV)
abuses, (3) treatment of wilderness, (4) creation of a never
before used ``Western Legacy District'' designation, and (5)
water rights.
The boundaries of the National Conservation Area (NCA)
designated in H.R. 3605 are grossly inadequate. The San Rafael
Swell is a great dome of uplifted sedimentary rock located in
south-central Utah, measuring 50 miles long, 30 miles wide, and
rising 150 feet above the surrounding desert. The area is
ringed by highlands and studded with mesas, buttes, deep gorges
and narrow slot canyons. These resources define the area's
boundary, not the political lines used in H.R. 3605. Proponents
of the bill would have Members believe that the San Rafael
Swell is located neatly within Emery County, Utah, when in
fact, it extends south into Wayne County and west into Sevier
County.
Significant portions of the proposed NCA boundary follow
section lines or roads. In what is the most glaring omission,
the entire southern boundary is a straight line that marks the
political boundary between Emery and Wayne countries. In many
cases the boundary excludes notable formations such as Factory
Butte and the Jones Bench. Many identified wilderness units are
split in two while others are cut off completely. The proposed
boundaries also fail to protect critical watersheds and Desert
Bighorn Sheep habitat, ignore threatened and endangered species
and sacrifice important resource lands to potential gypsum
mining.
The language of the bill also fails to effectively deal
with the ORV problem the San Rafael Swell. ORV use in Utah has
exploded over the past 10-15 years and is not under control on
public lands in Utah. As a result, ORV abuse has become more
common, with ORVers pushing new trails into more remote areas
each year. Citing significant damage to soil, vegetation, and
other resources the BLM was forced to do an emergency ORV
closure in March for Wilderness Study Area (WSAs) in the San
Rafael area. These WSAs should have been off-limits already.
With this is kind of damage occurring in the most pristine
area, other spectacular lands in the San Rafael are at risk. In
fact ORV damage extends far beyond the current WSAs.
The BLM has attempted since 1991 to come up with a plan to
regulate ORV use in the San Rafael but has failed to do so.
That failure has lead to severe damage in the Swell. The
language in H.R. 3605 would codify BLM regulations that have
failed to protect the San Rafael Swell. This is not a step
forward. At best, it maintains the status quo which is a major
problem. The bill language also legitimizes routes that have
been allowed to be developed during the ten-years BLM has
failed to come up with a plan. If ORV use is not managed to
protect conservation area values, then the designation of a
National Conservation Area is meaningless.
H.R. 3605 ignores the question of wilderness, desperately
trying to pretend it doesn't exist. However, what can't be
ignored is the fact that the vast majority of the land in the
San Rafael region is of wilderness quality and is embodied in
wilderness study areas, identified as wilderness by the
Department of the Interior, or included in a legislative
wilderness proposal (H.R. 1732) sponsored by more than 160
Members of the House. The Department of the Interior testified
that ``The administration believes that wilderness protections
for a significant portion of this area is warranted * * * ''
Proponents' claims to be ``wilderness neutral'' ring hollow
when their artificial boundaries divide or sever wilderness
units and their chief local proponent is quoted as saying
``[H.R. 3605] is a way of getting around wilderness, because
wilderness has become a problem, not a solution.'' We strongly
disagree with that assessment and oppose any attempt to subvert
the consideration and designation of wilderness.
We are also concerned that H.R. 3605 includes an undefined
and unwarranted new kind of designation; a so-called ``western
legacy district.'' In H.R. 3605 this designation follows
political lines to completely encompass Emery County. No
feasibility study was done to assess this proposed $10 million
program and there is scant evidence of the historical and
cultural resources that would merit this special designation.
We support historic preservation but do not feel that the case
has been made to single out one county for special treatment,
especially when there are historical resources in many
locations within the United States that are more significant
and deserving.
Finally, water is the lifeblood of the desert ecosystem.
Without it, important desert resources would be lost. This is
especially true for the San Rafael in which there are only two
year-round streams. As it stands, the bill is inadequate to the
task. Geared toward the consumptive use of water, the State of
Utah does not even recognize wilderness as a beneficial use of
water. We do not advocate reappointment of existing flows but
future uses must be weighed against the resource values at
stake here.
The San Rafael region is a vast geologic and scenic wonder
that deserves far better protection than that currently offered
by H.R. 3605. Unless the bill is amended to address the
concerns we have enumerated, we must oppose H.R. 3605 and urge
our colleagues to do likewise.
George Miller.
Bruce Vento.
Carlos Romero-Barcelo.
Peter DeFazio.
Frank Pallone.
Rush Holt.
Joseph Crowley.