[House Report 106-831]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-831
======================================================================
CARRIZO PLAIN NATIONAL CONSERVATION AREA ACT OF 2000
_______
September 7, 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
[To accompany H.R. 1751]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1751) to establish the Carrizo Plain National
Conservation Area in the State of California, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends 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 ``Carrizo Plain National Conservation
Area Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The public lands administered by the Bureau of Land
Management in the State of California within the Carrizo Plain
contain the last remnants of the once vast San Joaquin Valley
grasslands that covered a large expanse of central California.
(2) As a remnant ecosystem, these lands provide the best
remaining contiguous habitat for a number of State or federally
listed endangered species or threatened species, including the
San Joaquin kit fox, the blunt-nosed leopard lizard, the giant
kangaroo rat, and the San Joaquin antelope squirrel, and
numerous other federally or State listed or sensitive plant and
animal species. Many other important species of native wildlife
inhabit the area, such as pronghorn antelope and tule elk.
(3) In addition to its biological diversity, Carrizo Plain
contains nationally significant cultural and historical sites
which are very important to indigenous peoples in the area for
religious and traditional cultural purposes.
(4) The Carrizo Plain area also contains one of the best and
most visible exposures of the geologically unique San Andreas
fault, which is the boundary between the Pacific Plate (on the
west) which moves northward relative to the North American
Plate (on the east) and has and will continue to play a
critical role in the evolution and future of California.
(5) The Carrizo Plain offers unique research, interpretive,
and educational opportunities, and significant recreation
opportunities for the public.
(6) Since 1985, the Carrizo Plain has been cooperatively
managed by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, each
of which owns a part of the Carrizo Plain and all of which work
closely together in a manner that makes jurisdictional
differences among them nearly transparent.
(7) A cooperative management plan has been prepared for the
Carrizo Plain by the Bureau of Land Management, the California
Department of Fish and Game, and The Nature Conservancy, with
full public involvement, that sets the stage for long-term
joint management of the area for public use and enjoyment.
(8) This management plan is based on the agencies' joint
primary mission as set forth in the plan to ``manage the
Carrizo Plain . . . so indigenous species interact within a
dynamic and fully functioning ecosystem in perpetuity while
conserving unique natural and cultural resources and
maintaining opportunities for compatible scientific, cultural,
social, and recreational activities''. In this context, and
under the basic principles of multiple use and sustained yield,
other resource uses, such as livestock grazing and recreation
use, are allowed under the management plan in the conservation
area if they are managed in a manner compatible with that
primary mission.
SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA.
(a) Establishment and Purposes.--To preserve the nationally
significant biological, geological, cultural, and recreation values
found in the Carrizo Plain, California, as an enduring legacy of our
heritage, and to secure for future generations the opportunity to
experience those values in an environment rich in biological diversity
and natural beauty, the area described in subsection (b) is hereby
designated as the Carrizo Plain National Conservation Area.
(b) Area Described.--
(1) Boundary map.--The area referred to in subsection (a)
consists of approximately 250,000 acres of lands and waters,
and interests therein, as generally depicted on the map
entitled ``Boundary Map, Carrizo Plain National Conservation
Area'', dated February 1999.
(2) Legal description.--As soon as practicable after the date
of the enactment of this Act, the Secretary shall file a legal
description of the conservation area with the Committee on
Resources of the House of Representatives and with the
Committee on Energy and Natural Resources of the Senate. Such
legal description shall have the same force and effect as if
included in this Act, subject to paragraph (3).
(3) Revisions and corrections.--The Secretary may--
(A) make minor revisions in the boundary of the
conservation area; and
(B) correct clerical and typographical errors in the
map and legal description referred to in paragraphs (1)
and (2), respectively.
(4) Public availability.--The Secretary shall keep the map
and legal description referred to in paragraphs (1) and (2),
respectively, on file and available for public inspection in
the offices of the Director in the District of Columbia and in
Sacramento and Bakersfield, California.
SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.
(a) In General.--The Secretary, acting through the Director, shall
manage the public lands within the conservation area in a manner that
conserves, protects, and enhances its resources and values in
accordance with this Act, and pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and in accordance with
all applicable laws and the management plan.
(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 designated.
(c) Vehicular Use.--Use of motorized vehicles or mechanized transport
in the conservation area is prohibited, except--
(1) where needed for administrative purposes or to respond to
an emergency; or
(2) on roads and trails that--
(A) existed as of May 11, 1999; and
(B) are specifically designated for such use as part
of the management plan revised pursuant to subsection
(g).
(d) Hunting and Fishing.--Hunting and fishing shall be permitted
within the conservation area in accordance with applicable laws and
regulations of the United States and the State of California; except
that the Secretary, after consultation with the California Department
of Fish and Game, may issue regulations designating zones where and
establishing periods when no hunting or fishing shall be permitted for
reasons of public safety, administration, or public use and enjoyment.
(e) Grazing.--Livestock grazing within the conservation area shall be
conducted in a manner that is compatible with the purposes for which
the conservation area is established. The management plan revised
pursuant to subsection (g) shall specify resource objectives to be met
through grazing within the conservation area.
(f) Interpretive Sites.--The Secretary may establish, in cooperation
with other public or private entities as the Secretary may consider
appropriate, interpretive sites that are minimal in scope to meet
administrative and visitor needs of the conservation area. Any
facilities for such sites shall be designed to protect cultural,
historic, biologic, scientific, and esthetic values of the conservation
area.
(g) Review and Revision of Management Plan.--The Secretary of the
Interior, in cooperation with the Director, the California Department
of Fish and Game, affected landowners, and The Nature Conservancy--
(1) shall, by not later than 1 year after the date of the
enactment of this Act, review the management plan referred to
in section 9(4) and make such revisions in that plan as are
necessary to ensure that it is consistent with the this Act and
with the conservation, enhancement, and protection of the
conservation area; and
(2) may from time to time thereafter make such revisions as
are necessary to ensure that consistency.
(h) Gifts.--The Secretary may accept, receive, hold, administer, and
use any gift, devise, or bequest, absolutely or in trust, of real or
personal property, including any income from or interest in property or
any funds, for management of the conservation area for the purposes for
which the conservation area is established under section 3(a).
(i) Funding Account.--
(1) In general.--To fund management activities for the
conservation area, there is established in the Treasury a
separate account to be known as the Carizzo Plain National
Conservation Area Management Fund.
(2) Contents.--The account shall consist of--
(A) amounts received as fees for activities in the
conservation area;
(B) amounts received by the United States as a gift,
devise, or bequest authorized by subsection (h); and
(C) amounts appropriated to the account.
(3) Use.--Amounts in the account shall be available to the
Secretary for management of the conservation area pursuant to
the purposes for which the conservation is established under
section 3(a).
(j) Advisory Council.--
(1) Establishment.--The Secretary shall establish a Carrizo
Plain National Conservation Area Advisory Council to advise the
Secretary with respect to preparation and implementation of the
management plan pursuant to subsection (g). The Advisory
Council shall conform to the requirements of the Federal
Advisory Committee Act (88 Stat. 770; 5 U.S.C. App.) and the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
et seq.).
(2) Representation.--The Advisory Council shall consist of 15
members to be appointed by the Secretary. The members shall be
persons with local and regional involvement as well as
recognized backgrounds in areas directly related to the
purposes for which the conservation area is designated.
SEC. 5. LAND ACQUISITION.
(a) Land Acquisition.--The Secretary may acquire lands and interests
therein within the conservation area by donation, by exchange, or by
purchase with the consent of the owner thereof.
(b) Management.--Lands or interests therein within the conservation
area so acquired by the United States shall, after the date of the
enactment of this Act, be incorporated into and managed as part of the
conservation area.
SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT.
(a) Withdrawal.--Subject to valid existing rights, all Federal lands
within the conservation area, including all lands or interests acquired
by the United States after the date of enactment of this Act, 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 of the United States.
(b) Mineral Development.--
(1) In general.--Except as provided in paragraph (2), mineral
development may occur in the conservation area pursuant to the
Act of February 25, 1920 (30 U.S.C. 181 et seq.; popularly
known as the Mineral Leasing Act), and laws supplementary
thereto, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.;
popularly known as the Materials Act of 1947), and laws
supplementary thereto, only to the extent that development is
consistent with the management plan.
(2) State and private lands and interests not affected.--This
subsection shall not affect any State or privately owned lands
or interests in lands.
SEC. 7. COOPERATIVE AGREEMENTS.
The Secretary may, consistent with the management plan, enter into
any cooperative agreements or shared management arrangements with any
person for the purposes of management, interpretation, and research of
the conservation area's resources.
SEC. 8. NATIVE AMERICAN USES.
(a) Native American Uses.--The Secretary shall ensure nonexclusive
access to and use of the public lands in the conservation area by
Native Americans for traditional cultural and religious purposes
consistent with the American Indian Religious Freedom Act (42 U.S.C.
1996).
(b) Temporary Closure.--To implement this section, the Secretary may
from time to time temporarily close to general public use any specific
areas of public lands in the conservation area in order to protect the
privacy of Native American religious activities in such areas. Any such
closure shall be made in such manner as will affect the smallest
practicable area for the minimum period necessary for such purposes.
SEC. 9. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``conservation area'' means
the Carrizo Plain National Conservation Area designated under
section 3(a).
(2) California department of fish and game.--The term
``California Department of Fish and Game'' means the public
entity within the State of California's Resources Agency
established by the laws of the State of California to
administer the fish and wildlife resources in the State on
behalf of the people of California.
(3) Director.--The term ``Director'' means the Director of
the Bureau of Land Management.
(4) Management plan.--The term ``management plan'' means the
management plan developed cooperatively by the Bureau of Land
Management, the California Department of Fish and Game, and The
Nature Conservancy, entitled ``The Carrizo Plain Natural Area
Management Plan'' and dated November 1996, as such plan may be
revised by the Secretary under section 4(b).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) The nature conservancy.--The term ``The Nature
Conservancy'' means the nonprofit organization established
under laws of the State of Virginia and doing business in that
name.
purpose of the bill
The purpose of H.R. 1751 is to establish the Carrizo Plain
National Conservation Area in the State of California, and for
other purposes.
background and need for legislation
The Carrizo Plain is the remnant of the once-great San
Joaquin grasslands that covered central California. The plain
is habitat for a variety of wildlife, including many endangered
and threatened species. Many scientific and religious sites are
also located in the region. The purpose of H.R. 1751 is to
preserve the unique ecosystem of the Carrizo Plain while also
allowing for numerous scientific, cultural and recreational
activities to continue.
The Carrizo Plain National Conservation Area will consist
of approximately 250,000 acres. The land shall be administered
by the Secretary of the Interior acting through the Bureau of
Land Management (BLM). A cooperative management plan has been
prepared by the BLM, California Department of Fish and Game,
and the Nature Conservancy. It was developed with full public
involvement, and sets the stage for long-term public use and
enjoyment. H.R. 1751 provides a one year time period for
necessary revisions to the plan so that it is consistent with
this bill.
Under H.R. 1751, privately held land within the
Conservation Area shall only be acquired by donation, exchange
or purchase. Lands or interests in lands held by the government
after the date of enactment shall be incorporated into the
area. Funds to support this bill will be attained through fees
and appropriations from the federal government.
committee action
H.R. 1751 was introduced by Congresswoman Lois Capps (D-CA)
on May 11, 1999. The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands and to the Subcommittee on
Energy and Mineral Resources. On May 4, 2000, the Subcommittee
on National Parks and Public Lands held a hearing on the bill.
On July 26, 2000, the Resources Committee met to consider the
bill. Both Subcommittees were discharged from further
consideration of the bill by unanimous consent. An amendment in
the nature of a substitute was offered by Congressman James V.
Hansen (R-UT), which restructured the management plan of the
Area. The amendment was adopted by voice vote. No further
amendments were offered and the bill, as amended, was 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, enactment of this
bill will provide for the collection and spending of federal
receipts of less than $100,000 annually.
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, September 5, 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. 1751, the Carrizo
Plain National Conservation Area Act of 1999.
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.
congressional budget office cost estimate
H.R. 1751--Carrizo Plain National Conservation Area Act of 1999
Summary: CBO estimates that implementing H.R. 1751 would
cost $18 million over the 2001-2005 period, assuming
appropriation of the necessary amounts. Because the bill would
affect direct spending and receipts, pay-as-you-go procedures
would apply. We estimate, however, that any such impacts would
total less than $500,000 in any given year. H.R. 1751 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA) and would have no
significant impact on the budgets of state, local, or tribal
governments.
H.R. 1751 would establish the Carrizo Plain National
Conservation Area on about 250,000 acres of land in California.
The bill would direct the Secretary of the Interior to manage
the public lands within that area in accordance with an
existing management plan and would establish a separate account
in the Treasury for that purpose. In addition to amounts
appropriated to that account, the bill would authorize the
Secretary to retain and spend, without further appropriation,
fees collected by the federal government for activities in the
area as well as any gifts, bequests, or donations received by
the Secretary. Finally, H.R. 1751 would authorize the Secretary
to acquire nonfederal land within the proposed conservation
area by donation, exchange, or purchase from a willing seller.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 1751 is shown in the following table.
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 \1\
Estimated authorization level................................. 3 4 5 5 1
Estimated outlays............................................. 3 3 5 5 2
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 1751 also would affect direct spending and receipts, but by less than $500,000 a year.
Basis of estimate:For this estimate, CBO assumes that H.R.
1751 will be enacted near the start of fiscal year 2001. We
also assume that the necessary funds will be appropriated
starting in that year and that outlays will follow the
historical spending pattern for similar activities. Based on
information from the Bureau of Land Management (BLM), CBO
estimates that implementing H.R. 1751 would cost $18 million
over the 2001-2005 period, assuming appropriation of the
necessary amounts. We also estimate that H.R. 1751 would affect
direct spending and receipts, but by less than $500,000
annually.
Spending subject to appropriation
Based on information from BLM, CBO estimates that
establishing and managing the proposed conservation area would
cost $6 million over the 2001-2005 period. That amount includes
the estimated costs of adding staff and administrative services
to the area, upgrading and maintaining existing infrastructure
and facilities, establishing new interpretive sites, and
operating an advisory committee.
H.R. 1751 would authorize the Secretary to acquire
nonfederal lands within the boundary of the proposed
conservation area. According to the agency, the management plan
identified in the bill has targeted about 33,000 acres for
acquisition. Based on information from BLM regarding the
estimated value of those lands, we estimate that purchasing
them would cost $12 million over the 2001-2005 period.
Direct spending and revenues
H.R. 1751 would authorize the Secretary to retain and
spend, without further appropriation, any fees received for
activities within the proposed conservation area. Because the
Secretary does not have such authority under current law,
enacting this provision would increase direct spending by the
amount of those fees. According to the agency, the lands to be
included in the proposed area produce less than $100,000
annually in offsetting receipts from rental and royalty
payments from oil and gas producers, permits for rights-of-way
and communication sites, and recreation fees. Thus, CBO
estimates that authorizing the Secretary to spend those
receipts would increase direct spending by less than $100,000
each year. We estimate that other provisions of H.R. 1751 would
not have a significant impact on direct spending.
H.R. 1751 would allow the Secretary to accept gifts,
bequests, and donations for the purposes of managing the
proposed conservation area. These amounts would be recorded in
the budget as governmental receipt (revenues) and the use of
any such amounts under this bill would be direct spending.
Based on information from BLM, however, CBO estimates that such
donations would not be significant in any year.
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. Pay-as-
you-go procedures would apply to H.R. 1751, but CBO estimates
that there would be no significant impact on direct spending or
receipts in any year.
Intergovernmental and private-sector impact: H.R. 1751
contains no intergovernmental or private-sector mandates as
defined in UMRA and would have no significant impact on the
budgets of state, local, or tribal governments.
Estimate prepared by: Federal Costs: Megan Carroll; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Lauren Marks.
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 State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.