[Senate Report 109-162]
[From the U.S. Government Publishing Office]
Calendar No. 263
109th Congress Report
SENATE
1st Session 109-162
======================================================================
MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA ACT
_______
October 27, 2005.--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. 761]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 761) to rename the Snake River Birds of
Prey National Conservation Area in the State of Idaho as the
Morley Nelson Snake River Birds of Prey National Conservation
Area in honor of the late Morley Nelson, an international
authority on birds of prey, who was instrumental in the
establishment of this National Conservation 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
The purpose of S. 761 is to rename the Snake River Birds of
Prey National Conservation Area in the State of Idaho as the
Morley Nelson Snake River Birds of Prey National Conservation
Area in honor of the late Morley Nelson, an international
authority on birds of prey, who was instrumental in the
establishment of this National Conservation Area.
Background and Need
The Snake River Birds of Prey National Conservation Area
was established by Congress in 1993 (Public Law 103-64) to
recognize and perpetuate the area's wildlife values. The area
encompasses 485,000 acres of public land along approximately 80
miles of the Snake River in southwestern Idaho. The river lies
within a deep canyon that is surrounded by a vast plateau.
Cliffs towering up to 700 feet above the river provide ledges,
cracks, and crevices for nesting birds of prey, also known as
raptors.
After returning home as a decorated veteran of World War
II, Morley Nelson recognized the unique importance of the Snake
River area to the many species of raptors in the Snake River
area. Starting in the 1950s, Morley Nelson spent decades
convincing ranchers and farmers to accept the birds as an
integral part of the ecosystem. He raised public awareness
about birds of prey through scores of speeches and dozens of
movies and TV specials starring his eagles and hawks, including
seven films for Disney. His work later led to the area's
protection through various designations, culminating in its
establishment by Congress as a National Conservation Area.
Morley Nelson is also known for solving the long-standing
problem with raptor electrocution from power lines and the
associated power outages and even occasional wildfires. In
cooperation with Idaho Power, and later with other utilities,
he helped develop guards and redesigned power transmission
lines to reduce raptor electrocution. This technology has since
spread throughout the world.
Morley Nelson passed away February 12, 2005. Renaming of
the Snake River Birds of Prey National Conservation Area will
honor his life's work and efforts to protect the area.
Legislative History
Senators Craig and Crapo introduced S. 761 on April 12,
2005. A companion bill was introduced in the House of
Representatives by Representative Otter on April 12, 2005. The
Subcommittee on Public Lands and Forests held a hearing on S.
761 on May 11, 2005. At the business meeting on September 28,
2005, the Committee on Energy and Natural Resources ordered S.
761 favorably reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on September 28, 2005, by a unanimous vote of
a quorum present, recommends that the Senate pass S. 761.
Section-by-Section Analysis
Section 1 contains the short title.
Subsection 2(a) provides for the renaming of the area.
(b) directs that any documents referencing the Snake River
Birds of Prey National Conservation Area shall be deemed to be
a reference to the Morley Nelson Snake River Birds of Prey
National Conservation Area.
(c) provides technical corrections by making certain
amendments to Public Law 103-64.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
S. 761--Morley Nelson Snake River Birds of Prey National Conservation
Area Act
S. 761 would rename the Snake River Birds of Prey National
Conservation Area in Idaho as the Morley Nelson Snake River
Birds of Prey National Conservation Area. Based on information
from the Department of the Interior, CBO estimates that S. 761
would have no significant impact on federal costs. Enacting the
bill would not affect direct spending or revenues.
S. 761 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.
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. 761. 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. 761, as ordered reported.
Executive Communications
The administration has expressed no view on S. 761.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 761, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
AN ACT To establish the Snake River Birds of Prey National Conservation
Area in the State of Idaho, and for other purposes [Pub. L. 103-64]
* * * * * * *
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term `Secretary' means the Secretary of the
Interior.
(2) The term `conservation area' means the Morley
Nelson Snake River Birds of Prey National Conservation
Area established by section 3.
* * * * * * *
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment and Purposes.--(1) There is hereby
established the Morley Nelson Snake River Birds of Prey
National Conservation Area [(hereafter referred to as the
`conservation area')].
* * * * * * *
SEC. 4. MANAGEMENT AND USE.
(a) In General.--(1)(A) Within 1 year after the date of
enactment of this Act, the Secretary shall make any revisions
in the existing management plan for the conservation area as
necessary to assure its conformance with this Act, and no later
than January 1, 1996, shall finalize a new management plan for
the conservation area.
(B) Thereafter, the Secretary shall review the plan at
least once every 5 years and shall make such revisions as may
be necessary or appropriate.
(C) In reviewing and revising the plan, the Secretary shall
provide for appropriate public participation.
(2) Except as otherwise specifically provided in section
3(d) and subsections (d), (e), and (f) of this section, the
Secretary shall allow only such uses of lands in the
conservation area as the Secretary determines will further the
purposes for which the [Conservation Area] conservation area is
established.
* * * * * * *
(d) Visitors Use of Area.--In addition to the [Visitors
Center] visitors center, the Secretary may provide for visitor
use of the public lands in the conservation area to such extent
and in such manner as the Secretary considers consistent with
the protection of raptors and raptor habitat, public safety,
and the purposes for which the conservation area is
established. To the extent practicable, the Secretary shall
make available to visitors and other members of the public a
map of the conservation area and such other educational and
interpretive materials as may be appropriate.
* * * * * * *