[House Report 110-531]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-531
======================================================================
ORCHARD DETENTION BASIN FLOOD CONTROL ACT
_______
February 28, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 816]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 816) to provide for the release of certain land from
the Sunrise Mountain Instant Study Area in the State of Nevada
and to grant a right-of-way across the released land for the
construction and maintenance of a flood control project, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orchard Detention Basin Flood Control
Act''.
SEC. 2. RELEASE OF CERTAIN LAND IN THE SUNRISE MOUNTAIN INSTANT STUDY
AREA.
(a) Finding.--Congress finds that the land described in subsection
(c) has been adequately studied for wilderness designation under
section 603 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1782).
(b) Release.--The land described in subsection (c)--
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2) shall be managed in accordance with--
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) cooperative conservation agreements in existence
on the date of the enactment of this Act.
(c) Description of Land.--The land referred to in subsections (a) and
(b) is the approximately 65 acres of land in the Sunrise Mountain
Instant Study Area of Clark County, Nevada, that is--
(1) known as the ``Orchard Detention Basin''; and
(2) designated for release on the map titled ``Orchard
Detention Basin'' and dated March 18, 2005.
PURPOSE OF THE BILL
The purpose of H.R. 816 is to provide for the release of
certain land from the Sunrise Mountain Instant Study Area in
the State of Nevada for the construction and maintenance of a
flood control project known as the Orchard Detention Basin.
BACKGROUND AND NEED FOR LEGISLATION
The 10,240-acre Sunrise Mountain Instant Study Area (ISA),
managed by the Bureau of Land Management (BLM), is located just
east of Las Vegas in Clark County, Nevada. The proposed Orchard
Detention Basin Project is a part of the Clark County Regional
Flood Control District's master plan to protect the rapidly
growing Las Vegas Valley. The project is designed to shield
1,800 acres of urban land from flooding.
Section 603 of the Federal Land Policy and Management Act
of 1976 (FLPMA) (43 U.S.C. 1782) requires the Secretary to
review for wilderness suitability all roadless areas of at
least 5,000 acres identified as having wilderness
characteristics, such as the Sunrise Mountain ISA. The
Secretary is required to manage these areas as wilderness until
Congress has determined otherwise. The BLM reviewed the Sunrise
Mountain ISA and recommended that it be released for uses other
than wilderness.
H.R. 816 releases a 65-acre section of the ISA from further
wilderness study for the construction and maintenance of a
flood water retention basin known as the Orchard Detention
Basin Project. Once released from wilderness study, the BLM has
the existing authority to grant the right of way under FLPMA,
subject to a National Environmental Policy Act analysis,
project-specific terms and conditions, and payment of rent
which is normally waived for rights of way granted to local
governments.
COMMITTEE ACTION
H.R. 816 was introduced February 5, 2007, by Representative
Jon Porter (R-NV). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On October 23,
2007, the Subcommittee held a hearing on the bill, where a
representative of the BLM told the Subcommittee that the
Interior Department supports the bill.
On February 13, the full Natural Resources Committee met to
consider the bill. Subcommittee Chairman Raul Grijalva (D-AZ)
offered an amendment in the nature of a substitute that deleted
the specific right-of-way language in the bill as introduced
because the BLM has authority to execute this administratively.
The Grijalva amendment was adopted by unanimous consent. The
bill, as amended, was ordered favorably reported to the House
of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short Title.
Section 1 entitles this Act the ``Orchard Detention Basin
Flood Control Act''.
Section 2. Release of Certain Land in the Sunrise Mountain Instant
Study Area.
Subsection 2(a) finds that land described in Subsection
2(c) has been adequately studied for wilderness suitability and
designation under section 603 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782).
Subsection 2(b)(1) releases the 65 acres of land described
in subsection 2(c) from further wilderness study providing that
the land is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 17829(c)),
thus, the Secretary is no longer required to manage it as
wilderness.
Subsection 2(b)(2) provides that the land instead shall be
used and managed in accordance with both: subsection (A), land
management plans adopted under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712); and in
accordance with subsection (B) cooperative conservation
agreements in existence on the date of the enactment of this
Act.
Subsection 2(c) describes the land, referred to in
subsections 2(a) and 2(b), that is to be released as the
approximately 65 acres in the Sunrise Mountain Instant Study
Area of Clark County, Nevada, known as the ``Orchard Detention
Basin'' and designated for release on the map entitled
``Orchard Detention Basin'' and dated March 18.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3, 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. 816--Orchard Detention Basin Flood Control Act
H.R. 816 would release 65 acres of land currently
designated as a wilderness study area in the Bureau of Land
Management's (BLM' s) Sunrise Mountain Instant Study Area and
allow it to be used for other activities. An ``instant study
area'' is a federal designation that protects environmentally
sensitive areas by restricting development.
Based on information from BLM, CBO estimates that enacting
H.R. 816 would have no significant effect on the federal
budget. According to the agency, the land that would be
affected by the bill currently does not generate any
significant receipts, and it is unlikely to do so in the next
10 years. Therefore, we estimate that altering the status of
this land would not significantly affect federal offsetting
receipts (a credit against direct spending). Enacting H.R. 816
would not affect federal revenues.
H.R. 816 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 816 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.