[House Report 114-575]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-575
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ALABAMA HILLS NATIONAL SCENIC AREA ESTABLISHMENT ACT
_______
May 19, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 496]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 496) to establish the Alabama Hills National
Scenic Area in the State of California, and for other purposes,
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Alabama Hills
National Scenic Area Establishment Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Alabama Hills National Scenic Area, California.
Sec. 4. Management plan.
Sec. 5. Land taken into trust for Lone Pine Paiute-Shoshone
Reservation.
Sec. 6. Transfer of administrative jurisdiction.
Sec. 7. Protection of services and recreational opportunities.
SEC. 2. DEFINITIONS.
In this Act:
(1) Management plan.--The term ``management plan'' means the
management plan for the National Scenic Area developed under
section 4(a).
(2) Map.--The term ``Map'' means the map titled ``Proposed
Alabama Hills National Scenic Area'', dated September 8, 2014.
(3) Motorized vehicles.--The term ``motorized vehicles''
means motorized or mechanized vehicles and includes, when used
by utilities, mechanized equipment, helicopters, and other
aerial devices necessary to maintain electrical or
communications infrastructure.
(4) National scenic area.--The term ``National Scenic Area''
means the Alabama Hills National Scenic Area established by
section 3(a).
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) State.--The term ``State'' means the State of California.
(7) Tribe.--The term ``Tribe'' means the Lone Pine Paiute-
Shoshone.
(8) Utility facility.--The term ``utility facility'' means
any and all existing and future water system facilities
including aqueducts, streams, ditches, and canals; water
facilities including, but not limited to, flow measuring
stations, gauges, gates, values, piping, conduits, fencing, and
electrical power and communications devices and systems; and
any and all existing and future electric generation facilities,
electric storage facilities, overhead and/or underground
electrical supply systems and communication systems consisting
of electric substations, electric lines, poles and towers made
of various materials, ``H'' frame structures, guy wires and
anchors, crossarms, wires, underground conduits, cables,
vaults, manholes, handholes, above-ground enclosures, markers
and concrete pads and other fixtures, appliances and
communication circuits, and other fixtures, appliances and
appurtenances connected therewith necessary or convenient for
the construction, operation, regulation, control, grounding and
maintenance of electric generation, storage, lines and
communication circuits, for the purpose of transmitting
intelligence and generating, storing, distributing, regulating
and controlling electric energy to be used for light, heat,
power, communication, and other purposes.
SEC. 3. ALABAMA HILLS NATIONAL SCENIC AREA, CALIFORNIA.
(a) Establishment.--Subject to valid, existing rights, there is
established in Inyo County, California, the Alabama Hills National
Scenic Area. The National Scenic Area shall be comprised of the
approximately 18,610 acres generally depicted on the Map as ``National
Scenic Area''.
(b) Purpose.--The purpose of the National Scenic Area is to conserve,
protect, and enhance for the benefit, use, and enjoyment of present and
future generations the nationally significant scenic, cultural,
geological, educational, biological, historical, recreational,
cinematographic, and scientific resources of the National Scenic Area
managed consistent with section 302(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1732(a)).
(c) Map; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the National Scenic Area with--
(A) the Committee on Energy and Natural Resources of
the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct any
clerical and typographical errors in the map and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(d) Administration.--The Secretary shall manage the National Scenic
Area--
(1) as a component of the National Landscape Conservation
System;
(2) so as not to impact the future continuing operations and
maintenance of any activities associated with valid, existing
rights, including water rights;
(3) in a manner that conserves, protects, and enhances the
resources and values of the National Scenic Area described in
subsection (b); and
(4) in accordance with--
(A) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(B) this Act; and
(C) any other applicable laws.
(e) Management.--
(1) In general.--The Secretary shall allow only such uses of
the National Scenic Area as the Secretary determines would
support the purposes of the National Scenic Area as described
in subsection (b).
(2) Recreational activities.--Except as otherwise provided in
this Act or other applicable law, or as the Secretary
determines to be necessary for public health and safety, the
Secretary shall allow existing recreational uses of the
National Scenic Area to continue, including hiking, mountain
biking, rock climbing, sightseeing, horseback riding, hunting,
fishing, and appropriate authorized motorized vehicle use.
(3) Motorized vehicles.--Except as specified within this Act
and/or in cases in which motorized vehicles are needed for
administrative purposes, or to respond to an emergency, the use
of motorized vehicles in the National Scenic Area shall be
permitted only on--
(A) roads and trails designated by the Director of
the Bureau of Land Management for use of motorized
vehicles as part of a management plan sustaining a
semi-primitive motorized experience; or
(B) on county-maintained roads in accordance with
applicable State and county laws.
(f) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around the National Scenic Area.
(2) Activities outside national scenic area.--The fact that
an activity or use on land outside the National Scenic Area can
be seen or heard within the National Scenic Area shall not
preclude the activity or use outside the boundaries of the
National Scenic Area.
(g) Access.--The Secretary shall continue to provide private
landowners adequate access to inholdings in the National Scenic Area.
(h) Filming.--Nothing in this Act prohibits filming (including
commercial film production, student filming, and still photography)
within the National Scenic Area--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(i) Fish and Wildlife.--Nothing in this Act affects the jurisdiction
or responsibilities of the State with respect to fish and wildlife.
(j) Livestock.--The grazing of livestock in the National Scenic Area,
including grazing under the Alabama Hills allotment and the George
Creek allotment, as established before the date of enactment of this
Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and
practices as the Secretary considers to be necessary;
and
(B) applicable law; and
(2) in a manner consistent with the purposes described in
subsection (b).
(k) Overflights.--Nothing in this Act restricts or precludes flights
over the National Scenic Area or overflights that can be seen or heard
within the National Scenic Area, including--
(1) transportation, sightseeing and filming flights, general
aviation planes, helicopters, hang-gliders, and balloonists,
for commercial or recreational purposes;
(2) low-level overflights of military aircraft;
(3) flight testing and evaluation; or
(4) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes, over the National Scenic Area.
(l) Withdrawal.--Subject to this Act's provisions and valid rights in
existence on the date of enactment of this Act, including rights
established by prior withdrawals, the Federal land within the National
Scenic Area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(m) Wildland Fire Operations.--Nothing in this Act prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the National Scenic Area, consistent with the purposes described in
subsection (b).
(n) Grants; Cooperative Agreements.--The Secretary may make grants
to, or enter into cooperative agreements with, State, tribal, and local
governmental entities and private entities to conduct research,
interpretation, or public education or to carry out any other
initiative relating to the restoration, conservation, or management of
the National Scenic Area.
(o) Air and Water Quality.--Nothing in this Act modifies any standard
governing air or water quality outside of the boundaries of the
National Scenic Area.
(p) Utility Facilities and Rights of Way.--
(1) Nothing in this Act shall--
(A) affect the existence, use, operation, maintenance
(including but not limited to vegetation control),
repair, construction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration,
addition, relocation, improvement, funding, removal, or
replacement of utility facilities or appurtenant rights
of way within or adjacent to the National Scenic Area;
(B) affect necessary or efficient access to utility
facilities or rights of way within or adjacent to the
National Scenic Area subject to subsection (e);
(C) preclude the Secretary from authorizing the
establishment of new utility facility rights of way
(including instream sites, routes, and areas) within
the National Scenic Area in a manner that minimizes
harm to the purpose of the National Scenic Area as
described in subsection (b)--
(i) with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) and any
other applicable law; and
(ii) subject to such terms and conditions as
the Secretary determines to be appropriate.
(2) Management plan.--Consistent with this Act, the
Management Plan shall establish plans for maintenance of public
utility and other rights of way within the National Scenic
Area.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, in accordance with subsection (b), the Secretary shall
develop a comprehensive plan for the long-term management of the
National Scenic Area.
(b) Consultation.--In developing the management plan, the Secretary
shall--
(1) consult with appropriate State, tribal, and local
governmental entities, including Inyo County and the Tribe; and
(2) seek input from--
(A) investor-owned utilities, including Southern
California Edison Company;
(B) the Alabama Hills Stewardship Group;
(C) members of the public; and
(D) the Los Angeles Department of Water and Power.
(c) Incorporation of Management Plan.--In developing the management
plan, in accordance with this section, the Secretary shall allow, in
perpetuity, casual-use mining limited to the use of hand tools, metal
detectors, hand-fed dry washers, vacuum cleaners, gold pans, small
sluices, and similar items.
(d) Interim Management.--Pending completion of the management plan,
the Secretary shall manage the National Scenic Area in accordance with
section 3.
SEC. 5. LAND TAKEN INTO TRUST FOR LONE PINE PAIUTE-SHOSHONE
RESERVATION.
(a) Trust Land.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall take the approximately 132
acres of Federal land depicted on the Map as ``Lone Pine Paiute-
Shoshone Reservation Addition'' into trust for the benefit of the
Tribe, subject to the following:
(1) Conditions.--The land shall be subject to all easements,
covenants, conditions, restrictions, withdrawals, and other
matters of record on the date of the enactment of this Act.
(2) Exclusion.--The Federal lands over which the right-of-way
for the Los Angeles Aqueduct is located, generally described as
the 250-foot-wide right-of-way granted to the City of Los
Angeles pursuant to the Act of June 30, 1906 (Chap. 3926),
shall not be taken into trust for the Tribe.
(b) Reservation Land.--The land taken into trust pursuant to
subsection (a) shall be considered part of the reservation of the
Tribe.
(c) Gaming Prohibition.--Gaming under the Indian Gaming Regulatory
Act (25 U.S.C. 2701 et seq.) shall not be allowed on the land taken
into trust pursuant to subsection (a).
SEC. 6. TRANSFER OF ADMINISTRATIVE JURISDICTION.
Administrative jurisdiction of the approximately 56 acres of Federal
land depicted on the Map as ``USFS Transfer to BLM'' is hereby
transferred from the Forest Service under the Secretary of Agriculture
to the Bureau of Land Management under the Secretary.
SEC. 7. PROTECTION OF SERVICES AND RECREATIONAL OPPORTUNITIES.
Nothing in this Act shall be construed to limit commercial services
for existing and historic recreation uses as authorized by the Bureau
of Land Management's permit process. Valid, existing, commercial
permits to exercise guided recreational opportunities for the public
may continue as authorized on the day before the date of the enactment
of this Act.
PURPOSE OF THE BILL
The purpose of H.R. 496 is to establish the Alabama Hills
National Scenic Area in the State of California.
BACKGROUND AND NEED FOR LEGISLATION
The Alabama Hills area is a range of hills and rock
formations near the eastern slope of the Sierra Nevada
Mountains in central California. The area is used for a variety
of recreational activities and has served as a popular filming
location. Television shows such as The Gene Autry Show, The
Lone Ranger, and Bonanza and films including Tremors,
Gladiator, and Iron Man were filmed in part in the Alabama
Hills area.
With the goal of protecting the area from the industrial-
scale renewable energy development that is occurring in
surrounding areas, while also protecting existing uses, the
Alabama Hills Stewardship Group, as well as off-road groups,
the local chamber of commerce, and many others, coordinated for
over two years to share ideas that ultimately formed the basis
of H.R. 496.
Beyond the designation of over 18,000 acres of federal land
currently managed by the Bureau of Land Management (BLM) as a
National Scenic Area, the bill restricts the development of
large-scale industrial projects such as renewable energy
generation, while preserving existing recreational and
commercial uses of the area. These uses include filming,
hiking, mountain biking, rock climbing, hunting, fishing,
recreational mineral prospecting (``rock-hounding''), and
authorized motorized vehicle use. Additionally, existing
grazing activities and access to private land inholdings would
be allowed to continue within the National Scenic Area. The
bill also requires the Secretary of the Interior to develop a
comprehensive plan for the management of the National Scenic
Area no later than 3 years after the date of enactment, in
consultation with appropriate State, tribal, and local
governmental entities, investor-owned utilities, the Alabama
Hills Stewardship Group, and members of the public.
H.R. 496 also requires the Secretary of the Interior to
take into trust approximately 132 acres of Federal land for the
benefit of the Lone Pine Paiute-Shoshone Tribe, subject to
certain conditions and exclusions. This land would be
considered part of the reservation of the Tribe. In addition,
the bill transfers administrative jurisdiction of a small
portion of federal land from the U.S. Forest Service to BLM.
During markup, Congressman Paul Cook successfully offered
an amendment that reflects a number of changes offered by BLM
and local stakeholders. Specifically, this amendment broadens
the definition of ``utility facility'' to include water utility
facilities and power generation and transfer facilities;
removes language regarding the acquisition of land as no land
will be acquired by the federal government; amends the utility
facilities and rights-of-way language in Section 3(q) to give
BLM more discretion in managing the development of new utility
rights-of-way; alters the language regarding which agencies BLM
must consult with in the development of the management plan to
be consistent with other BLM designations and associated
management plans; corrects the acreage amount in Section 6 from
40 to 56 acres to reflect the actual acreage affected; and
removes Section 8 due to concerns about water rights owned by
the City of Los Angeles in Inyo County.
COMMITTEE ACTION
H.R. 496 was introduced on January 22, 2015, by Congressman
Paul Cook (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands and the Subcommittee on Indian, Insular and
Alaska Native Affairs. On June 16, 2015, the Subcommittee on
Federal Lands held a hearing on the bill. On March 15, 2016,
the Natural Resources Committee met to consider the bill. The
Subcommittees were discharged by unanimous consent. Congressman
Cook offered an amendment designated 043. The amendment was
adopted by unanimous consent. No other amendments were offered,
and the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on March 16,
2016.
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.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 18, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 496, the Alabama
Hills National Scenic Area Establishment Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 496--Alabama Hills National Scenic Area Establishment Act
H.R. 496 would establish a new national scenic area in
eastern California. The bill also would authorize the Bureau of
Land Management (BLM) to award grants to public and private
entities to conduct research, provide visitor services, carry
out restoration projects in the scenic area, and take federal
land into trust for the benefit of an Indian tribe. Based on
information provided by BLM, CBO estimates that implementing
the legislation would cost
$4 million over the 2017-2021 period; such spending would be
subject to the availability of appropriated funds.
Enacting H.R. 496 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 496 would designate about 18,600 acres of BLM land in
California as the Alabama Hills National Scenic Area. Under the
bill, the agency would be required to complete a new land use
plan for the area within three years of enactment. Based on
information from BLM regarding the costs of carrying out
similar activities, CBO estimates that completing the land use
plan would cost less than $500,000 over the 2017-2019 period.
CBO also expects that, under the bill, the affected lands
would see an increase in use by the public and that BLM would
need to hire additional personnel to manage the area. Based on
information provided by the agency, CBO estimates that
operating the recreation area would require up to five new
employees to carry out administrative and law enforcement
functions and that the cost of employing those individuals
would total around $500,000 a year.
Finally, H.R. 496 would authorize BLM to award grants to
organizations that would conduct research, provide visitor
services, and carry out restoration projects on the affected
lands. Based on information regarding the cost of similar BLM
efforts, CBO estimates that awarding such grants would cost
less than $500,000 a year.
The legislation also would withdraw the affected lands from
programs to develop mineral resources. Because CHO does not
expect that any resources would be produced on the affected
lands that would generate income for the federal government
over the next 10 years, we estimate that withdrawing those
lands would not affect offsetting receipts, which are treated
as reductions in direct spending.
H.R. 496 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the Lone Pine Paiute-Shoshone tribe in California
by taking federal lands into trust for the benefit of the
tribe. Any costs incurred by state, local, or tribal
governments related to managing the national scenic area would
result from voluntary commitments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of 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. The Congressional
Budget Office has concluded that implementing the bill would
cost $4 million over the 2017-2021 period, subject to the
availability of appropriated funds.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to establish the Alabama Hills
National Scenic Area in the State of California.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.
[all]