[House Report 111-437]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-437
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STORNETTA OUTSTANDING NATURAL AREA ACT OF 2010
_______
March 11, 2010.--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
together with
DISSENTING VIEWS
[To accompany H.R. 4192]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 4192) to designate the Stornetta Public Lands as an
Outstanding Natural Area to be administered as a part of the
National Landscape Conservation System, 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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Stornetta
Outstanding Natural Area Act of 2010''.
(b) Definitions.--In this Act:
(1) Public lands.--The term ``public lands'' has the meaning
stated in section 103(e) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1703(e)).
(2) Outstanding natural area.--The term ``Outstanding Natural
Area'' means the Stornetta Outstanding Natural Area established
under section 2.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Stornetta public lands.--The term ``Stornetta Public
Lands'' means the lands designated as such on the map referred
to in section 2(b).
SEC. 2. DESIGNATION OF THE STORNETTA OUTSTANDING NATURAL AREA.
(a) In General.--In order to protect, conserve, and enhance for the
benefit and enjoyment of present and future generations the unique and
nationally important historical, natural, cultural, scientific,
educational, scenic, and recreational values of certain lands in and
around the Stornetta Public Lands, in Mendocino County, California,
while allowing certain recreational and research activities to
continue, there is established, subject to valid existing rights, the
Stornetta Outstanding Natural Area.
(b) Map.--The Outstanding Natural Area shall consist of the lands
generally depicted as the Stornetta Outstanding Natural Area on the map
titled ``Stornetta Outstanding Natural Area'' and dated December 3,
2009. The map shall be on file and available for public inspection in
the Office of the Director, Bureau of Land Management, United States
Department of the Interior, and the State office of the Bureau of Land
Management in the State of California.
(c) Basis of Management.--The Secretary shall manage the Outstanding
Natural Area as part of the National Landscape Conservation System to
protect the resources of the area, and shall allow only those uses that
further the purposes for the establishment of the Outstanding Natural
Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), and other applicable laws.
(d) Withdrawal.--Subject to valid existing rights, the Federal lands
and interests in lands included within the Outstanding Natural Area are
hereby withdrawn from--
(1) all forms of entry, appropriation, or disposal under the
public land laws;
(2) location, entry, and patent under the public land mining
laws; and
(3) operation of the mineral leasing and geothermal leasing
laws and the mineral materials laws.
SEC. 3. MANAGEMENT OF THE STORNETTA OUTSTANDING NATURAL AREA.
(a) In General.--The Secretary shall manage the Outstanding Natural
Area in a manner that conserves, protects, and enhances the unique and
nationally important historical, natural, cultural, scientific,
educational, scenic, and recreational values of that area, consistent
with the requirements section of 2(c).
(b) Uses.--Subject to valid existing rights, the Secretary shall only
allow such uses of the Outstanding Natural Area as the Secretary finds
are likely to further the purposes for which the Outstanding Natural
Area is established as set forth in section 2(a).
(c) Management Plan.--Not later than 3 years after funds are made
available for this purpose, the Secretary shall complete a
comprehensive management plan consistent with the requirements of
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) to provide long-term management guidance for the public
lands within the Outstanding Natural Area and fulfill the purposes for
which it is established, as set forth in section 2(a). The management
plan shall be developed in consultation with appropriate Federal,
State, and local government agencies, with full public participation,
and shall include--
(1) provisions designed to ensure the protection of the
resources and values described in section 2(a);
(2) a proposal for minimal administrative and public
facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding
Natural Area as described in subsection (a) and with other
proposed management activities to accommodate visitors and
researchers to the Outstanding Natural Area; and
(3) cultural resources management strategies for the
Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with
emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and
long-term scientific uses of the resources, giving priority to
the enforcement of the Archaeological Resources Protection Act
of 1979 (16 U.S.C. 470aa et seq.) and the National Historic
Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding
Natural Area.
(d) Cooperative Agreements.--In order to better implement the
management plan and to continue the successful partnerships with local
communities, the California Coastal National Monument and Manchester
State Park, administered by the California Department of Parks and
Recreation, the Secretary may enter into cooperative agreements with
the appropriate Federal, State, and local agencies pursuant to section
307(b) of the Federal Land Management Policy and Management Act of 1976
(43 U.S.C. 1737(b)).
(e) Research Activities.--In order to continue the successful
partnership with research organizations and agencies and to assist in
the development and implementation of the management plan, the
Secretary may authorize within the Outstanding Natural Area appropriate
research activities for the purposes identified in section 2(a) and
pursuant to section 307(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1737(a)).
(f) Acquisition.--State and privately held lands or interests in
lands adjacent to the Outstanding Natural Area and identified as
appropriate for acquisition in the management plan may be acquired by
the Secretary as part of the Outstanding Natural Area only by--
(1) donation;
(2) exchange with a willing party; or
(3) purchase from a willing seller.
(g) Additions to the Outstanding Natural Area.--Any lands or interest
in lands adjacent to the Outstanding Natural Area acquired by the
United States after the date of the enactment of this Act shall be
added to and administered as part of the Outstanding Natural Area.
(h) Overflights.--Nothing in this Act or the management plan shall be
construed to--
(1) restrict or preclude overflights, including low-level
overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding
Natural Area;
(2) restrict or preclude the designation or creation of new
units of special use airspace or the establishment of military
flight training routes over the Outstanding Natural Area; or
(3) modify regulations governing low-level overflights above
the adjacent Gulf of the Farallones National Marine Sanctuary.
(i) Law Enforcement Activities.--Nothing in this Act shall be
construed to preclude or otherwise affect coastal border security
operations or other law enforcement activities by the Coast Guard or
other agencies within the Department of Homeland Security, the
Department of Justice, or any other Federal, State, and local law
enforcement agencies within the Outstanding Natural Area.
(j) Native American Uses and Interests.--In recognition of the past
use of the Outstanding Natural Area by Indians and Indian tribes for
traditional cultural and religious purposes, the Secretary shall ensure
reasonable access to the Outstanding Natural Area by Indians and Indian
tribes for such traditional cultural and religious purposes. In
implementing this section, the Secretary, upon the request of a
federally recognized Indian tribe or Indian religious community, may
temporarily close to the general public use of one or more specific
portions of the Outstanding Natural Area in order to protect the
privacy of traditional cultural and religious activities in such areas
by the federally recognized Indian tribe or Indian religious community.
Any such closure shall be made to affect the smallest practicable area
for the minimum period necessary for such purposes. Such access shall
be consistent with the purpose and intent of Public Law 95-341 (42
U.S.C. 1996 et seq.; commonly referred to as the ``American Indian
Religious Freedom Act'').
(k) No Buffer Zones.--The designation of the Outstanding Natural Area
is not intended to lead to the creation of protective perimeters or
buffer zones around the area. The fact that activities outside the
Outstanding Natural Area and not consistent with the purposes of this
Act can be seen or heard within the Outstanding Natural Area shall not,
of itself, preclude such activities or uses up to the boundary of the
Outstanding Natural Area.
PURPOSE OF THE BILL
The purpose of H.R. 4192 is to designate the Stornetta
Public Lands as an Outstanding Natural Area to be administered
as a part of the National Landscape Conservation System, and
for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
The Stornetta Public Lands (Stornetta) are located along
the Northern California coast, in Mendocino County, just north
of the town of Point Arena (about 140 miles north of San
Francisco). The 1,132 acre area is administered by the Bureau
of Land Management (BLM) and encompasses more than two miles of
coastline along the Pacific Ocean, as well as the estuary of
the Garcia River, and Sea Lion Rocks Island. Stornetta is also
adjacent to the historically significant Point Arena
Lighthouse.
Stornetta contains an array of remarkable natural
resources, including extensive wetlands, cypress groves and
sand dunes. The Garcia River is critical Coho and Chinook
salmon habitat, while the ocean and coastal areas around
Stornetta are renowned for the diversity of marine mammals
found there and have been designated as marine sanctuaries.
Stornetta has significant cultural sites as well.
Archaeological excavations have provided insight into the
customs of the Bokeya Pomo people, who established their main
village at the mouth of the Garcia River and called this area
home for almost 12,000 years, until the early 19th century.
H.R. 4192 would designate certain lands in Stornetta as the
``Stornetta Outstanding Natural Area'' to be managed as part of
the National Landscape Conservation System (NLCS), administered
by the BLM. The bill authorizes the Secretary of the Interior
(Secretary) to limit uses in the Outstanding Natural Area (ONA)
to those which further the purposes for which the ONA was
established--primarily the protection of the natural and
cultural heritage of the area for future generations. Further,
the bill withdraws the land, subject to valid existing rights,
from mineral exploration or extraction.
H.R. 4192 allows for future land acquisition provided that
the lands or interest in the lands acquired are donated or
purchased from a willing seller. It also contains language that
ensures the ONA designation will not impact, restrict or
preclude law enforcement activities, coastal border security
operations, military overflights and establishment of military
flight routes over the ONA. It also directs the Secretary to
ensure access to the ONA by Indian tribes for traditional
cultural and religious purposes.
COMMITTEE ACTION
H.R. 4192 was introduced by Representative Mike Thompson
(D-CA) on December 3, 2009. The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. At a
Subcommittee hearing on January 21, 2010, a representative of
the Department of the Interior testified in support of H.R.
4192 and recommended only minor, technical changes to the bill.
On February 24, 2010, the Subcommittee was discharged from
the further consideration of H.R. 4192 and 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 to make several technical changes. The
amendment was agreed to by voice vote. The bill, as amended,
was then ordered favorably reported to the House of
Representatives by voice vote.
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 grant 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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to designate the Stornetta Public
Lands as an Outstanding Natural Area to be administered as a
part of the National Landscape Conservation System, and for
other purposes.
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. 4192--Stornetta Outstanding Natural Area Act of 2010
H.R. 4192 would establish the Stornetta Outstanding Natural
Area in Mendocino County, California. The area would be
administered by the Bureau of Land Management (BLM) as part of
the National Landscape Conservation System.
Based on information provided by BLM, CBO estimates that
implementing H.R. 4192 would have no significant effect on
discretionary costs because the 1,100-acre Stornetta site is
owned by the federal government and is already administered by
BLM to protect natural and other resources. We expect that the
agency would not acquire other properties adjacent to the area
and would consider only minimal development of the site, mostly
through cooperative agreements with local or state agencies.
Enacting H.R. 4192 would not affect revenues or direct
spending; therefore, pay-as-you-go procedures would not apply.
H.R. 4192 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 Deborah Reis.
The 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. 4192 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL FOR 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.
DISSENTING VIEWS OF THE HONORABLE ROB BISHOP
There are significant concerns with H.R. 4192 because it
promotes expensive beachfront land acquisition and an expansion
of the National Landscape Conservation System (NLCS) while our
country faces an exploding budget deficit and almost 10% of our
fellow citizens are out of work. At the January legislative
hearing on H.R. 4192, the Department of the Interior claimed
that this bill effectively does nothing except change the
facility's name, done under the guise of ``elevating the
visibility'' of certain federal properties to encourage
tourism.
However, the Bureau of Land Management (BLM) made it very
clear that what this bill actually does is authorize
acquisition of private land with taxpayers' money. The
government already has vast expanses of land under its control
and a significant maintenance backlog to prove it is unable to
manage what it already has. While the current recession has
lowered the price of beachfront properly such as this, it
hardly means that the federal government is in any position to
buy it.
This is yet another example of the dangerous appetite of
the NLCS. Proponents of the system claim that the designation
changes nothing, but somehow protects against everything,
including the perceived evils of multiple use. You can't have
it both ways.
A recent investigation by the Inspector General of the
Department of the Interior revealed illegal lobbying by
employees of the NLCS. Despite the illicit behavior of the
officials running this program, the Committee Democrats pushed
through this bill which expands the acreage under their
supervision.
When properly managed under multiple use principles, BLM
land can contribute to our twin goals of good stewardship and a
strong economy with good-paying jobs. Unfortunately, this bill
is a step toward accomplishing former Clinton-era Secretary of
the Interior Bruce Babbitt's plan to use the NLCS to block
balanced multiple use by imposing an ever-increasing National
Park-like regime that endangers our access to secure, domestic
resources and increases our dependence on foreign sources of
food, lumber, energy, minerals and other necessities.
Rob Bishop.