[House Report 109-583]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-583
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VALLE VIDAL PROTECTION ACT OF 2005
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July 20, 2006.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3817]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3817) to withdraw the Valle Vidal Unit of the Carson
National Forest in New Mexico from location, entry, and patent
under the mining laws, 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. 3817 is to withdraw the Valle Vidal
Unit of Carson National Forest in New Mexico from location,
entry, and patent under the mining laws, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3817 would withdraw roughly 101,000 acres of the
Carson National Forest, known as the Valle Vidal Unit, from
mineral exploration or development. This includes patent under
mining claims, and mineral leases for geothermal or mining
materials. Any valid existing rights would continue to be
recognized, but if those rights were relinquished or purchased,
that area would also be withdrawn from the mining laws. This
area is known for its horseback riding and hiking trails,
livestock grazing, and wildlife habitat.
Roughly 40,000 acres are in question for possible mineral
development. Currently, the Forest Service is revising its
management plan for the Carson National Forest. This process
is, by statute, open to the public for comment and
collaboration. The Forest Service will likely address the
concern of mineral development within the Valle Vidal Unit in
the revised forest plan.
COMMITTEE ACTION
H.R. 3817 was introduced on September 15, 2005, by
Congressman Tom Udall (D-NM). The bill was referred to the
Committee on Resources, and within the Committee to the
Subcommittee on Forests and Forest Health and the Subcommittee
on Energy and Mineral Resources. On October 27, 2005, the
Subcommittee on Forests and Forest Health held a hearing on the
bill. On June 21, 2006, the Full Resources Committee met to
consider the bill. The two subcommittees were discharged from
further consideration of the bill by unanimous consent. No
amendments were offered and the bill was ordered favorably
reported to the House of Representatives by unanimous consent.
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 IV, section 3, clause 2 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:
H.R. 3817--Valle Vidal Protection Act of 2005
H.R. 3817 would withdraw some federal land in the Carson
National Forest in New Mexico from certain programs to develop
natural resources. According to the Forest Service, the agency
is currently evaluating whether to implement such programs,
particularly to develop oil and gas resources, in areas covered
by the proposed withdrawal. To the extent that the affected
land is expected to generate income from such activities, H.R.
3817 would reduce offsetting receipts (a credit against direct
spending). Because a portion of oil and natural gas receipts is
paid to states, any foregone receipts under H.R. 3817 would be
partially offset by a corresponding decrease in direct spending
for those payments.
CBO cannot predict whether the agency will decide, under
current law, to allow oil and gas leasing to occur on the
affected land. Based on information from the Forest Service
about the length of time involved in making such a decision, we
expect that, if the agency decides to implement an oil and gas
leasing program, most of the proceeds from such leases would be
collected after 2016. Therefore, we estimate that any net
change in direct spending under H.R. 3817 would be
insignificant in any of the next 10 years. CBO has no basis,
however, for estimating the magnitude of the bill's potential
budgetary effects in later years. Enacting H.R. 3817 would not
affect revenues.
H.R. 3817 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no significant costs on state, local, or tribal
governments over the next 10 years. To the extent that this
bill would result in reduced federal mineral receipts after
that period, it also would lower payments to states.
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.