[Senate Report 117-245]
[From the U.S. Government Publishing Office]
Calendar No. 622
117th Congress } { Report
SENATE
2d Session } { 117-245
======================================================================
BERRYESSA SNOW MOUNTAIN NATIONAL MONUMENT EXPANSION
_______
December 12, 2022.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 4080]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 4080), to modify the boundary of the
Berryessa Snow Mountain National Monument to include certain
Federal land in Lake County, California, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 4080 is to modify the boundary of the
Berryessa Snow Mountain National Monument to include certain
Federal land in Lake County, California.
BACKGROUND AND NEED
Berryessa Snow Mountain National Monument was established
in 2015 by Presidential Proclamation 9298 under the authority
of the Antiquities Act. The 330,000 acre National Monument is
managed jointly by the Bureau of Land Management and the Forest
Service, and provides for outdoor recreational opportunities,
important habitat for fish and wildlife, and contains
significant cultural and historic resources that are
significant to over two dozen federally recognized tribes.
S. 4080 would add over 3,900 acres of Federal land to the
National Monument, known as Walker Ridge (which would be
renamed to Molok Luyak, or ``Condor Ridge'' in the Patwin
language), adjacent to the existing National Monument boundary.
LEGISLATIVE HISTORY
S. 4080 was introduced by Senators Padilla and Feinstein on
April 25, 2022. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 4080 on June 7, 2022.
Representative Garamendi introduced a companion bill, H.R.
6366, in the House of Representatives on January 10, 2022. The
House Committee on Natural Resources' Subcommittee on National
Parks, Forests, and Public Lands held a hearing on the bill on
March 1, 2022.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on July 21, 2022, by a voice vote of a
quorum present, recommends that the Senate pass S. 4080.
Senator Lee asked to be recorded as voting no.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the bill's short title, the ``Berryessa
Snow Mountain National Monument Expansion Act.''
Sec. 2. Definitions
Section 2 defines key terms used in the bill.
Sec. 3. National Monument expansion
Section 3(a) expands boundary of Berryessa Snow Mountain
National Monument to include the adjacent 3,925-acre Walker
Ridge (Molok Luyuk) parcel in Lake County, CA administered by
Bureau of Land Management (BLM).
Subsection (b) authorizes the Secretary to make correction
to the map, requires the map to be publicly available on BLM
website, and the map shall have the same force as if included
in the Act.
Subsection (c) directs Secretary of the Interior to
administer the added Walker Ridge (Molok Luyuk) parcel in
accordance with Presidential Proclamation 9298 (which
established Berryessa Snow Mountain National Monument), and
other applicable laws and regulations.
Sec. 4. Management plan
Section 4 (a) requires Secretary of the Interior and the
Secretary of Agriculture to jointly develop a comprehensive
management plan within 1 year of enactment in accordance with
the Presidential Proclamation 9298.
Subsection (b) requires federal land management agencies to
consult with federally recognized tribes in developing the
management plan and its implementation.
Subsection (c) requires the management plan to include
parameters for continued, meaningful engagement with federally
recognized tribes for implementation of the management plan.
Subsection (d) states that nothing in this Act affects fire
mitigation or suppression activities.
Sec. 5. Agreements and partnerships
Section 5 requires the federal land management agencies, to
the maximum extent practicable and in accordance with
applicable laws, to enter into cooperative agreements and
collaborative partnerships regarding the management of the
National Monument, if requested by affected federally
recognized tribe. Each of the listed federal laws or
presidential/secretarial orders provides an existing authority
for such cooperative management with federally recognized
tribes.
Sec. 6. Designation of Condor Ridge (Molok Luyuk) in Lake and Colusa
Counties, California
Section 6(a) renames Walker Ridge in both Lake and Colusa
Counties to ``Condor Ridge (Molok Luyuk)'' in the Patwin
language and the English translation of that name.
Subsection (b) requires any reference to the property in
laws, maps, regulations, documents or other records to be
``Condor Ridge (Molok Luyuk).''
Subsection (c) requires the Board of Geographic Names to
develop a map and legal description of the property in
consultation with Bureau of Land Management and recognized
tribes, and to be able to correct technical errors. Requires
the map to available for the public on the agencies' websites.
COST AND BUDGETARY CONSIDERATIONS
On November 21, 2022, the Congressional Budget Office
provided a table entitled ``Summary Estimates of Legislation
Ordered Reported'' by the Committee during the 117th Congress.
The table states that:
``CBO estimates that enacting S. 4080 would have an
insignificant effect on direct spending and no effect
on revenues over the 2023-2032 period. CBO has not
estimated the discretionary costs of implementing the
bill. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded
Mandates Reform Act.''
Separately in the table, CBO estimates the ``insignificant
effect on direct spending'' as ``between zero and $500,000''
and the revenues as ``0.''
The table is posted at www.cbo.gov.
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 21, 2022.
Hon. Joe Manchin,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed table summarizing estimated budgetary
effects and mandates information for some of the legislation
that has been ordered reported by the Senate Committee on
Energy and Natural Resources during the 117th Congress.
If you wish further details, we will be pleased to provide
them. The CBO staff contact for each estimate is listed on the
enclosed table.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
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. 4080. 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. 4080, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 4080, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimonies provided by the Department of the Interior
and the Department of Agriculture at the June 7, 2022, hearing
on S. 4080 follows:
Statement of Nada Wolff Culver, Deputy Director, Policy & Programs,
Bureau of Land Management, U.S. Department of the Interior
S. 4080, Berryessa Snow Mountain National Monument
Expansion Act S. 4080, Berryessa Snow Mountain National
Monument Expansion Act, would add approximately 3,900 acres of
land managed by the BLM to the Berryessa Snow Mountain National
Monument in Lake County, California. Befitting the area's
cultural significance to the many Tribes in this region, the
bill renames the area commonly known as ``Walker Ridge'' to
Condor Ridge, or Molok Luyuk in the Patwin language. The bill
directs the Board of Geographic Names and the BLM to formally
change all references in law, map, regulation, or other records
to reflect the name change.
The bill (Section 4) also directs the BLM and the USFS to
complete a comprehensive management plan for the National
Monument within one year of enactment. It requires the agencies
to consult with affected Federally recognized Indian Tribes on
the development of the monument plan and to establish
parameters for continued meaningful engagement in subsequent
management decisions.
Finally, S. 4080 (Section 5) provides opportunities for the
BLM and the USFS to enter into cooperative agreements and other
financial partnership instruments with Federally recognized
Indian Tribes for management of the National Monument.
analysis
The Berryessa Snow Mountain National Monument was
established by President Obama's Presidential Proclamation 9298
on July 10, 2015, in order to protect its rich biodiversity,
including rare endemic species, unique serpentine outcrops,
relic prairies, and riparian habitats. In addition to providing
essential habitat for fish and wildlife, the area is important
for scientific study, prehistoric and historic preservation,
and exceptional outdoor recreational opportunities. The lands
within the national monument are some of the most scenic in
northern California, ranging from rolling oak-studded hillsides
to steep canyons and ridgelines with expansive views. These
lands retain deep cultural significance for roughly two dozen
Federally recognized Indian Tribes who inhabited them for at
least the last 11,000 years.
Encompassing more than 330,000 acres of public land, the
Berryessa Snow Mountain National Monument is jointly managed by
the BLM (approximately 133,000 acres) and the USFS
(approximately 197,000 acres). The addition of Molok Luyuk to
the Berryessa Snow Mountain National Monument as outlined in S.
4080 aligns with the Administration's conservation goals, and
the Department supports the bill.
The BLM would like to work with the Sponsor on a few
modifications including extending the timeframe outlined in S.
4080 to complete the comprehensive management plan for the
monument. The BLM notes that thoughtful and deliberative land
use planning efforts can take 24 several years to complete,
including public involvement and fulfilling requirements under
the NEPA and each agencies' planning regulations. Including
more achievable timelines would allow for robust public comment
and coordination with Tribes through the planning process.
The Department appreciates the bill's direction to continue
to work with Federally recognized tribes for the management of
the National Monument. Since its establishment, both the BLM
the USFS have worked to carefully manage the objects and values
identified in Presidential Proclamation 9298. The agencies have
held several community conversations to gather public input and
build a shared vision for stewardship of the monument,
including a workshop held in January with the Yocha Dehe Wintun
Nation, where the BLM discussed projects and possible
collaboration with the Tribe. Additionally, the BLM has created
and filled a new Tribal Liaison position in California to
facilitate consultation and collaboration with Tribes.
The BLM notes this aspect of the bill aligns with the
Administration's efforts to strengthen opportunities for Tribal
engagement in the management of Federal lands. In January 2021,
President Biden established his commitment to strengthen
nation-to-nation relationships in his Presidential Memorandum
on Tribal Consultation and Strengthening Nation-to-Nation
Relationships. Consultation and collaboration are essential for
Tribal governments to shape decisions for the protection of
sacred sites and traditional cultural properties, conservation
of native plants and wildlife, recreation, and other uses and
values of the monument.
Furthermore, President Biden recently built upon this
commitment in announcing that the Department the USDA created
the ``Tribal Homelands Initiative.'' Through a joint
Secretarial Order 3403, the two Departments codified a policy
to facilitate agreements with Tribes to collaborate in the co-
stewardship of Federal lands and waters. Moreover, the
Departments have also entered into a memorandum of
understanding signed by eight agencies, which will increase
collaboration with Tribes to ensure stewardship and access to
sites, and incorporate traditional ecological knowledge into
management, treatment, and protection procedures. The
Administration recognizes and affirms that the United States'
trust and treaty obligations are an integral part of each
Department's responsibilities for managing Federal lands.
Testimony of Christopher French, Deputy Chief, National Forest System,
United States Department of Agriculture Forest Service
S. 4080, the ``Berryessa Snow Mountain National Monument
Expansion Act'' would expand the boundary of the Berryessa Snow
Mountain National Monument to include the Walker Ridge (Molok
Luyuk) Addition, which is approximately 3,925 acres of Federal
land administered by the U.S. Department of the Interior's
Bureau of Land Management (BLM) in Lake County, California. The
Secretary of the Interior would administer the Walker Ridge
(Molok Luyuk) Addition as part of the expanded Berryessa Snow
Mountain National Monument.
The proposed Walker Ridge (Molok Luyuk) Addition would be
managed by the Department of the Interior (DOI). As such, USDA
defers comments on inclusion of these lands into the Berryessa
Snow Mountain National Monument to the Secretary of the
Interior.
The Mendocino National Forest has completed its
administrative requirements for their Land Management Plan
pertaining to protection of objects of interest identified in
the executive proclamation of the Berryessa Snow Mountain
National Monument. Because the proposed Walker Ridge (Molok
Luyuk) Addition is solely on BLM-managed lands, the Forest
Service would likely remain administratively complete in its
tasks.
However, if additional work is needed to update the joint
Monument management plan, the USDA would like to work with the
bill sponsors and the Subcommittee to extend the timeframe from
one year to three years to develop or update the joint USDA/DOI
comprehensive Monument management plan and consult with
affected Indian Tribes. Since 2018, 98 percent of the Mendocino
National Forest has burned. The Forest is focusing staff
resources on fire recovery, hazard abatement, fuels treatments
and ecosystem recovery of the forest and the Monument.
The USDA is committed to the management and protection of
the dramatic geology, remarkable biological diversity, rich
cultural history, and plentiful recreation opportunities in the
Berryessa Snow Mountain National Monument. The USDA is also
committed to our partnerships with DOI and BLM, affected Indian
Tribes, and local communities in managing this unique resource.
To accomplish the intent of this Act and ensure we have a
comprehensive and updated Monument management plan with Tribal
consultation, USDA would like to work with the bill sponsors
and the Subcommittee to address the specific concern noted in
our testimony regarding extending the timeline to update this
plan.
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 as ordered
reported.
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