[Senate Report 110-116]
[From the U.S. Government Publishing Office]
Calendar No. 249
110th Congress Report
SENATE
1st Session 110-116
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NATIONAL LANDSCAPE CONSERVATION SYSTEM ACT
_______
June 28, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1139]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1139) to establish the National Landscape
Conservation System, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill 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 ``National Landscape Conservation
System Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) System.--The term ``system'' means the National Landscape
Conservation System established by section 3(a).
SEC. 3. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.
(a) Establishment.--In order to conserve, protect, and restore
nationally significant landscapes that have outstanding cultural,
ecological, and scientific values for the benefit of current and future
generations, there is established in the Bureau of Land Management the
National Landscape Conservation System.
(b) Components.--The system shall include each of the following
areas administered by the Bureau of Land Management:
(1) Each area that is designated as--
(A) a national monument;
(B) a national conservation area;
(C) a wilderness study area;
(D) a national scenic trail or national historic
trail designated as a component of the National Trails
System;
(E) a component of the National Wild and Scenic
Rivers System; or
(F) a component of the National Wilderness
Preservation System.
(2) Any area designated by Congress to be administered for
conservation purposes, including--
(A) the Steens Mountain Cooperative Management and
Protection Area;
(B) the Headwaters Forest Reserve;
(C) the Yaquina Head Outstanding Natural Area; and
(D) any additional area designated by Congress for
inclusion in the system.
(c) Management.--The Secretary shall manage the system--
(1) in accordance with any applicable law (including
regulations) relating to any component of the system included
under subsection (b); and
(2) in a manner that protects the values for which the
components of the system were designated.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
PURPOSE OF THE MEASURE
The purpose of S. 1139 is to codify the National Landscape
Conservation System within the Bureau of Land Management.
BACKGROUND AND NEED
The National Landscape Conservation System was established
administratively by the Department of the Interior in 2000 and
consists of all areas the Bureau of Land Management administers
for conservation purposes. The system includes 15 National
Monuments, 17 National Conservation Areas, over 6.5 million
acres of wilderness in 161 areas, over 15.5 million acres of
BLM-administered wilderness study areas, 12 National Historic
Trails, 2 National Scenic Trails, and 38 Wild and Scenic
Rivers. The concept behind grouping all of these areas into one
system was to increase public awareness of the importance of
these lands and to highlight the BLM's conservation of these
areas and their cultural, historical, scientific, and
ecological significance to the Nation.
However, because the NLCS was established administratively,
it does not have the permanence that it would have if codified
legislatively. In addition, legislative enactment of the NLCS
may increase attention to these important, congressionally and
presidentially protected areas, and will help ensure that the
system remains a high priority within the BLM and the
Department of the Interior. S. 1139 does not create any new
management authority and does not change the authorities for
any of the previously designated areas within the system.
LEGISLATIVE HISTORY
S. 1139 was introduced by Senators Bingaman, Salazar,
Cantwell, and Sanders on April 18, 2007. Senator Wyden was
added as a cosponsor on May 8, 2007.
The Subcommittee on Public Lands and Forests held a hearing
on S. 1139 on May 3, 2007.
On May 23, 2007, the Committee on Energy and Natural
Resources ordered S. 1139 to be reported with an amendment in
the nature of a substitute favorably.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in an
open business session on May 23, 2007, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1139, if amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 1139, the Committee adopted
an amendment in the nature of a substitute. The amendment
clarified the description of the components of the National
Landscape Conservation System, but did not make any substantive
changes to the bill as introduced. The amendment is described
in detail in the section-by-section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title, the ``National
Landscape Conservation System Act.''
Section 2 defines key terms used in the bill.
Section 3(a) establishes in the Bureau of Land Management
(BLM) the National Landscape Conservation System in order to
conserve, protect, and restore nationally significant
landscapes that have outstanding cultural, ecological, and
scientific values for the benefit of current and future
generations.
Subsection (b) lists the components of the system, which
includes the following BLM-administered areas: national
monuments; national conservation areas; wilderness areas and
wilderness study areas; national scenic or national historic
trails; and wild and scenic rivers. The system also includes
the Steens Mountain Cooperative Management and Protection Area
in Oregon, the Yaquina Head Outstanding Natural Area in Oregon,
and the Headwaters Forest Reserve in California.
Section 4 authorizes the appropriation of such sums as are
necessary to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
June 6, 2007.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1139, the National
Landscape Conservation System Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Peter R. Orszag.
Enclosure.
S. 1139--National Landscape Conservation System Act
S. 1139 would provide a statutory basis for the National
Landscape Conservation System (NLCS), which was established
administratively in 2000. The NLCS encompasses about 20 million
acres of land administered by the Bureau of Land Management.
Based on information provided by that agency, CBO estimates
that enacting S. 1139 would have no effect on the NLCS budget,
which is currently about $50 million a year, because BLM
already has permanent authority to manage the land in the NLCS,
subject to amounts provided in annual appropriations acts.
Enacting S. 1139 would not affect direct spending or revenues.
The bill contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Deborah Reis.
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. 1139. 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. 1139, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management at
the Subcommittee hearing on S. 1139 follows:
Statement of Jim Hughes, Acting Director, Bureau of Land Management
Thank you for inviting me to testify on S. 1139, the
National Landscape Conservation System Act. The National
Landscape Conservation System (NLCS) is a significant part of
the Bureau of Land Management's (BLM) conservation efforts and
is integral to the BLM's overall multiple-use mission. The BLM
is proud to oversee this system which includes areas nationally
recognized for their outstanding values. These lands are not
simply places to visit; they help define who we are as a Nation
and tell the story of our nation as it unfolded in the
unforgettable natural landscapes of the West.
The Department supports S. 1139, a bill that would
legislatively establish the NLCS in order to conserve, protect,
and restore nationally significant landscapes. The bill would
provide for the inclusion in the NLCS of Congressionally and
Presidentially designated special places administered by the
BLM. S. 1139 would provide legislative support to the NLCS and
its conservation mission within the BLM.
background
In June 2000, the Department of the Interior
administratively established the NLCS within the BLM bringing
into a single organized system many of the BLM's outstanding
ecological, cultural and scientific landscapes. The BLM is
charged with managing the public lands for a wide range of
uses. This multiple-use mission directs the balanced management
of public lands for many uses, including conservation,
recreation, livestock grazing, energy development, and timber
production. The NLCS is an integral part of that mission and
includes National Monuments, National Conservation Areas
(NCAs), National Scenic and Historic Trails, Wild and Scenic
Rivers, Wilderness, and Wilderness Study Areas (WSAs). The BLM,
under the authority of section 603 of FLPMA, manages WSAs so as
not to impair their wilderness character. The establishment of
the NLCS would not change the status of the WSAs or the
authority of Congress, at some future time, to designate them
as units of the National Wilderness Preservation System or to
release them for non-wilderness multiple use.
The NLCS currently includes 20 million acres of
archaeological and historic treasures such as Canyons of the
Ancients National Monument in Colorado and the Oregon National
Historic Trail, wildlife havens such as Snake River Birds of
Prey NCA in Idaho and Aravaipa Canyon Wilderness in Arizona,
and hiking challenges such as King Range National Conservation
Area along the lost coast of northern California and
significant sections of the Continental Divide National Scenic
Trail as it winds its way through New Mexico, Colorado, Wyoming
and Montana.
Over the last six years, since its inception, the NLCS has
established successful, collaborative relationships with local
communities, States, tribes, friends groups, and private
citizens. These partnerships are critical to the on-the-ground
success of NLCS units.
In an increasingly crowded and fast-changing West, NLCS
units provide some of the best examples of open space. For the
most part, NLCS units are not highway developed. Rather, they
provide visitors a different kind of outdoor experience--an
opportunity to explore, discover and relax. These are places to
get lost and find oneself.
Many NLCS units were designated specifically for their
scientific values. Recent discoveries at some NLCS units
include cave-dwelling millipedes previously unknown to science
and numerous new species of dinosaurs. In 2006, at Grand
Staircase-Escalante National Monument, the discovery of one of
the largest known oviraptors in the world (a giant 7-foot-tall,
14-foot-long flesh-eating, feathered dinosaur) was revealed.
The diverse opportunities for scientific inquiry allow NLCS
units to be used as outdoor laboratories by a wide range of
universities, colleges, and high schools including Brigham
Young University, Montana State University, Colorado State
University, Northern Arizona University, Universidad de Sonora
(Mexico), Stanford University, Boise State University,
University of New South Wales (Australia), Oregon State
University, University of Utah, and the University of
Witwatersrand (South Africa). Their efforts also directly
benefit local communities. For example, studies of lava flows
at Craters of the Moon National Monument in collaboration with
Idaho State University contribute to hands-on science
curriculum for local elementary students.
Much of the support for NLCS units comes from local
communities that work with the BLM to engage in cooperative
conservation that enhance local economies, cultures, and
resources. At New Mexico's Kasha-Katuwe Tent Rocks National
Monument, an inter-governmental cooperative agreement between
the BLM and the Pueblo de Cochiti has successfully provided for
enhanced visitor services while improving the health of the
land at this spectacular geologic wonder. In southern Arizona,
Las Cienegas NCA is collaborating with local ranchers, water
districts, the State and county to develop innovative solutions
to managing this precious watershed in a desert environment--
all in the context of a historic ranching community.
Many NLCS units are adjacent to growing urban centers and
provide respite from the city as well as recreational
opportunities. Santa Rosa and San Jacinto Mountains National
Monument adjoins the burgeoning Palm Springs area of
California; McGinnis Canyons NCA lies near Grand Junction,
Colorado; and Red Rock Canyon NCA is located just outside of
Las Vegas, Nevada. Red Rock Canyon NCA has some of the highest
visitation of any BLM-administered site and serves as an
adventurous alternative for locals and visitors from Las Vegas'
other attractions. The many communities in California's
Coachella Valley welcome the undeveloped open spaces of the
Congressionally designated Santa Rosa and San Jacinto Mountains
National Monument. Partnerships with the Agua Caliente Band of
Cahuilla Indians, the Friends of the Desert Mountains, and the
cities of Palm Desert, Palm Springs, La Quinta, Cathedral City,
Indian Wells, Rancho Mirage and Indio have enhanced BLM's
ability to improve recreational opportunities while also
providing for improved habitat for the endangered Peninsular
bighorn sheep. Colorado's growing recreation industry promotes
McInnis Canyon as a place for outdoor activity including
wilderness hiking, rafting and mountain biking.
From the remote, wild Steens Mountain Cooperative
Management and Protection Area in the eastern part of the
State, to coastal Yaquina Head Outstanding Natural Area's
lighthouse and tidal pools, the diversity of NLCS units can be
viewed across the breadth of Oregon. The Oregon National
Historic Trail and the interpretive center in Baker City
provide a window into our pioneer past and the 300,000
emigrants who used this pathway to the Pacific. Three
ecosystems collide in Cascade-Siskiyou National Monument in
southwestern Oregon forming a unique assemblage of rare plants
and animals. Oregon's 802 miles of wild and scenic rivers
provide unparalleled opportunities for fishing, hunting and
boating which contribute to economic diversity in local
communities.
s. 1139
S. 1139 proposes to establish in statute the current
administrative structure of the BLM's National Landscape
Conservation System. The bill would not alter the management of
its individual units. It recognizes the diverse nature of the
component parts of the BLM's NLCS by directing that the units
be managed in accordance with the laws related to each
individual unit. As each unit is unique, we strongly support
this recognition of their individual management frameworks.
By formalizing the NLCS, S. 1139 would give Congressional
support and direction, strengthening this special system of
lands within the context of the BLM's multiple-use mission.
This will assure that these landscapes of the American spirit
would be conserved, protected, and restored for the benefit of
current and future generations.
Thank you for the opportunity to testify in support of S.
1139. I will be happy to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1139, as
ordered reported.