[Senate Report 113-59]
[From the U.S. Government Publishing Office]
Calendar No. 113
113th Congress Report
SENATE
1st Session 113-59
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PINE FOREST RANGE RECREATION ENHANCEMENT
_______
June 27, 2013.--Ordered to be printed
_______
Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 342]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 342) to designate the Pine Forest Range
Wilderness area in Humboldt County, Nevada, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE
The purpose of S. 342 is to designate approximately 26,000
acres along the Pine Forest Range in Nevada as wilderness and
to authorize a land exchange.
BACKGROUND AND NEED
The Pine Forest Range is located in northern Nevada's arid
Great Basin. It includes the Blue Lakes Wilderness Study Area
in the highest portion of the Range and the Alder Creek
Wilderness Study Area on the adjacent sagebrush steppe of the
Range's western slope. They feature extraordinary scenery,
alpine lakes, and wildlife habitat. The area's hiking,
horseback riding, rock climbing, hunting, fishing, and camping
opportunities have made it one of the most highly visited
recreation areas in the region.
A group of stakeholders began working in 2009 and 2010 to
develop a broadly supported proposal to protect the area as
wilderness. In response, the Nevada delegation introduced the
Pine Forest Range Recreation Enhancement Act, which would
designate the two adjacent wilderness study areas as the Pine
Forest Wilderness and authorize a land exchange to facilitate
the acquisition by the Bureau of Land Management of private
lands that are included in the proposed wilderness area.
LEGISLATIVE HISTORY
Senators Reid and Heller introduced S. 342 on February 14,
2013. A hearing was held by the Subcommittee on Public Lands,
Forests, and Mining on S. 342 on April 25, 2013. At its
business meeting on May 16, 2013, the Committee ordered the
bill favorably reported without amendment.
A similar bill, S. 1788, was introduced in the 112th
Congress. On March 22, 2012, the Subcommittee on Public Lands
and Forests held a hearing on S. 1788 (S. Hrg. 112-642).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 342.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Pine Forest Range
Recreation Enhancement Act of 2013''.
Section 2 defines key terms.
Section 3(a) designates the Pine Forest Range Wilderness as
a component of the National Wilderness Preservation System.
Subsection (b)(1) establishes the boundary of any portion
of the Wilderness that is boarded by a road shall be 100 feet
from the road.
Subsection (b)(2) allows the Secretary to (a) reroute the
road running through Long Meadow to the west to remove the road
from the riparian area; (B) reroute the road currently running
through Rodeo Flat/Corral Meadow to the east to remove the road
from the riparian area; and (C) close, except for
administrative use, the road along Lower Alder Creek south of
Bureau of Land Management road #2083.
Subsection (b)(3) establishes the boundary of the
Wilderness 160 feet downstream from the damn at Little Onion
Reservoir.
Subsection (c) provides for a map and legal description.
Subsection (d) withdraws the Wilderness from the operation
of the public land laws, mining laws, and mineral and
geothermal leasing laws.
Section 4 sets forth the Secretary's requirements for
administering the wilderness.
Subsection (a) this Act requires that the Secretary
administer the Wilderness in accordance with the Wilderness
Act.
Subsection (b) allows the grazing of livestock in the
Wilderness to continue if established before the date of
enactment of this Act
Subsection (c) provides that any land or interest in land
within the boundary of the Wilderness that is acquired by the
United States after the enactment of this Act shall be added to
and administered as part of the Wilderness.
Subsection (d) clarifies that Congress does not intend for
the Wilderness to create a protective buffer zone around the
Wilderness.
Subsection (e) clarifies that military overflights are not
restricted over the Wilderness.
Subsection (f) directs that the Secretary take measures to
control fire, insects and disease within the boundaries of the
Wilderness in accordance of the Wilderness Act.
Subsection (g) permits wildfire management operations to
continue.
Subsection (h) authorizes the Secretary to install
hydrologic, meteorologic, or climatological collection devices
if the Secretary determines that the facilities and access to
the facilities are essential to flood warning, flood control,
or water reservoir operation activities.
Subsection (i)(1) provides findings related to water rights
issues.
Subsection (i)(2) states that the Act is intended to
protect the wilderness values of the land by means other than
an federally reserved water right.
Subsection (3)(A) clarifies that nothing in this act
constitutes an express or implied reservation by the United
States of any water or water rights with respect to the
Wilderness; (B) affects any water rights in the State
(including any water rights held by the United States) in
existence on the date of enactment of this Act; (C) establishes
a precedent with regard to any future wilderness designations;
(D) affects the interpretation of, or any designation made
under, any other Act; or (E) limits, alters, modifies, or
amends any interstate compact or equitable apportionment decree
that apportions water among and between the State and other
States.
Section 5 releases portions of the Blue Lakes and Alder
creek wilderness study areas not designated as wilderness areas
from being subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c))
Section 6(a) directs the Secretary to manage local
wildlife, hunting, fishing, and trapping in accordance with the
Wilderness Act.
Subsection (e) states that the State of Nevada may conduct
wildlife management activities in the Wilderness in accordance
with the terms and conditions specified in the cooperative
agreement between the Secretary and the State entitled
`Memorandum of Understanding between the Bureau of Land
Management and the Nevada Department of Wildlife Supplement No.
9' and signed November and December 2003, including any
amendments to the cooperative agreement agreed to by the
Secretary and the State.
Section 7 provides that the Secretary may enter into a land
exchange for non-federal land subject to the requirement that
non-federal parties pay at least half the costs
Section 8 provides that this Act alters or diminishes the
treaty rights of any Indian tribe.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 342--Pine Forest Range Recreation Enhancement Act of 2013
S. 342 would designate 26,000 acres of land in northwest
Nevada as the Pine Forest Range Wilderness. The bill also would
authorize the Secretary of the Interior to conduct certain land
exchanges. Based on information provided by the Bureau of Land
Management (BLM), CBO estimates that implementing S. 342 would
have no significant impact on the federal budget. Enacting the
legislation would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
The acreage to be added to the National Wilderness
Preservation System is currently administered by BLM. CBO
estimates that no additional resources would be required to
manage the affected lands as a result of the new designation.
Based on information provided by BLM, CBO expects that certain
road modifications required under the bill would be made under
current law. Finally, we expect that any costs to revise
brochures, maps, and signs would be minimal because most such
revisions would take place in conjunction with scheduled
reprinting and routine maintenance.
In addition, S. 342 would give the Secretary of the
Interior the discretion to make certain land exchanges in
accordance with an existing resource management plan. Because
the Secretary could use existing authorities to complete those
land exchanges, CBO expects that any exchanges conducted under
the bill would also occur under current law, and thus we
estimate that the provision would have no budgetary impact.
Finally, CBO estimates that enacting the legislation would
have no effect on offsetting receipts because the affected
lands are already managed for conservation purposes and are not
expected to generate any income in the future.
S. 342 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, 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. 342.
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. 342, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 342, as 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 testimony provided by Forest Service at the April 25,
2013, Subcommittee on Public Lands, Forests, and Mining hearing
on S. 342 follows:
Statement of Jamie Connell, Acting Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for inviting the Department of the Interior to
testify on S. 342, the Pine Forest Range Recreation Enhancement
Act. The Department of the Interior supports S. 342, which
designates the Pine Forest Range Wilderness in Humboldt County,
Nevada, on lands managed by the Bureau of Land Management
(BLM). We urge the Congress to move swiftly to pass this bill.
It is gratifying to see Congress moving to protect this
area that was highlighted in Secretary Salazar's November 2011
Preliminary Report on BLM Lands Deserving Protection as
National Conservation Areas, Wilderness or Other Conservation
Designations. There is a long history of bipartisan support in
Congress for the conservation of America's special places.
Members from both parties have been essential to passing every
major public lands bill that has been enacted in recent years.
This type of cooperative and bipartisan approach to designating
special lands for protection as wilderness, national
conservation areas, or similar designations has historically
been a regular practice for Congress. The designation of the
Pine Forest Range has strong support from County government and
local citizens. It is a wonderful example of how people can
come together to protect one of America's real gems.
background
The Pine Forest Range in northern Nevada's arid Great Basin
is a rare and exceptional area of abundant streams and clear,
cold subalpine lakes. Nestled in a cirque and fed by snowmelt
and springs, these lakes are not only visually stunning but
also possess an excellent trout fishery. The lakes are
surrounded by a rare remnant population of white bark and
limber pines. Stands of quaking aspen and mountain mahogany are
also found throughout the proposed wilderness. Fall brings an
abundance of color found in few other places in northern
Nevada.
The spectacular scenery and vistas, combined with
outstanding recreational opportunities, draw thousands of
visitors annually. Despite being one of the most highly visited
recreational areas in the region, the proposed wilderness still
appears pristine. Day hiking, horseback riding, rock climbing,
hunting, fishing, and camping are all popular in the area.
Visitors enjoy a true primitive recreation experience, without
trails or facilities. Even during peak visitation periods,
solitude is easy to find in the rugged terrain. Abundant
wildlife coveted by sportsmen includes trophy mule deer,
antelope, bighorn sheep, mountain lion, and chukar.
A wide range of stakeholders began working cooperatively in
2009 and 2010 to bring together diverse interests in a grass-
roots effort to protect this special area. In the fall of 2010,
the Humboldt County Commission voted unanimously to approve the
final recommendations of the Pine Forest Range Working Group to
designate the Pine Forest Range Wilderness. The Nevada State
Legislature subsequently passed a resolution praising the
process used in arriving at the consensus represented by S.
342.
s. 342
S. 342 proposes to designate the 26,000-acre Pine Forest
Range Wilderness in Humboldt County, Nevada, on public land
managed by the BLM. This wilderness area is largely formed by
the Blue Lakes and Alder Creek Wilderness Study Areas (WSAs).
Under the bill, approximately 1,150 acres of land within those
WSAs would not be designated as wilderness and would be
released from WSA status, thereby allowing the consideration of
other uses.
Section 7 of S. 342 provides for land exchanges to improve
the manageability of the Pine Forest Range Wilderness Area and
nearby public lands while likewise allowing private landowners
the opportunity to consolidate their holdings. The land
exchanges are discretionary and would be completed consistent
with the Federal Land Policy and Management Act (FLPMA) and
other applicable laws. The BLM supports this provision. In
addition, these land acquisitions may be undertaken through
existing authorities such as purchase or donation.
The Pine Forest Range Wilderness meets the definition of
wilderness; the land and its community of life are largely
untrammeled. It has retained its primeval character and has
been influenced primarily by the forces of nature, with
outstanding opportunities for primitive recreation or solitude.
The BLM strongly supports this designation. We would like to
work with the sponsor and the Committee on some minor technical
modifications.
conclusion
Thank you for the opportunity to testify in support of S.
342. We look forward to the swift passage of this legislation
designating the Pine Forest Range Wilderness.
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 S. 342, as ordered
reported.