[House Report 107-506]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-506
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TO DESIGNATE AND PROVIDE FOR THE MANAGEMENT OF THE JAMES V. HANSEN
SHOSHONE NATIONAL TRAIL, AND FOR OTHER PURPOSES
_______
June 12, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3936]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3936) To designate and provide for the management of the
Shoshone National Recreation Trail, and for other purposes,
having considered the same, report favorably thereon with
amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHOSHONE NATIONAL TRAIL.
(a) Definitions.--For the purposes of this section, the following
definitions shall apply:
(1) Appropriate secretary.--The term ``appropriate
Secretary'' means--
(A) the Secretary of Agriculture when referring to
land under the jurisdiction of that Secretary; and
(B) the Secretary of the Interior when referring to
any land except that under the jurisdiction of the
Secretary of Agriculture.
(2) Map.--The term ``Map'' means the map entitled ``____''
and dated ____.
(3) Trail.--The term ``Trail'' means the system of trails
designated in subsection (b) as the James V. Hansen Shoshone
National Trail.
(b) Designation.--The trails that are open to motorized use pursuant
to applicable Federal and State law and are depicted on the Map as the
Shoshone National Trail are hereby designated as the ``James V. Hansen
Shoshone National Trail''.
(c) Management.--
(1) In general.--Except as otherwise provided in this Act,
the appropriate Secretary shall manage the Trail consistent
with the requirements of a national recreation trail in
accordance with--
(A) the National Trails System Act (16 U.S.C. 1241 et
seq.); and
(B) other applicable laws and regulations for trails
on Federal lands.
(2) Cooperation; agreements.--The Secretary of the Interior
and the Secretary of Agriculture shall cooperate with the State
of Utah Department of Natural Resources and appropriate county
governments in managing the Trail. The appropriate Secretary
shall make every reasonable effort to enter into cooperative
agreements with the State of Utah Department of Natural
Resources and appropriate county governments (separately,
collectively, or in an any combination, as agreed by the
parties) for management of the Trail.
(3) Primary purpose.--The primary purpose of this Act is to
provide recreational trail opportunities for motorized vehicle
use on the Trail. The Trail shall be managed in a manner that
is consistent with this purpose, ensures user safety, and
minimizes user conflicts.
(4) Addition of trails.--
(A) In general.--The appropriate Secretary may add
trails to the Trail in accordance with the National
Trails System Act.
(B) Requirement for addition of trails on non-federal
land.--If a trail to be added to the Trail is located
on non-Federal land, the appropriate Secretary may add
the trail only if the owner of the land upon which the
trail is located has--
(i) consented to the addition of the trail to
the Trail; and
(ii) entered into an agreement with the
appropriate Secretary for management of the
additional trail in a manner that is consistent
with this Act.
(5) Notice of open routes.--The Secretary of the Interior and
the Secretary of Agriculture shall ensure that the public is
adequately informed regarding the routes open for the Trail,
including by appropriate signage along the Trail.
(d) No Effect on Non-Federal Land and Interests in Land.--Nothing in
this section shall be construed to affect ownership, management, or
other rights related to any non-Federal land or interests in land,
except as provided in an agreement related to that land entered into by
the landowner under subsection (c)(4)(B)(ii).
(e) Acquisition of Land and Interests in Land.--The appropriate
Secretary may acquire land and interests in land for the purposes of
the Trail only from willing owners.
(f) Map on File; Updated.--The Map shall be--
(1) kept on file at the appropriate offices of the Secretary
of the Interior and the Secretary of Agriculture; and
(2) updated by the appropriate Secretary whenever trails are
added to the Trail.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this Act.
Amend the title so as to read:
A bill to designate and provide for the management of the
James V. Hansen Shoshone National Trail, and for other
purposes.
PURPOSE OF THE BILL
The purpose of H.R. 3936, as ordered reported, is to
designate and provide for the management of the James V. Hansen
Shoshone National Trail, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
As the number of registered off-highway vehicles (OHV, also
known as off-road vehicles) continues to increase dramatically
in Utah and other Western States with vast tracts of public
land, the identification and establishment of appropriate
places to ride on those public lands in an environmentally
sound way has not kept pace.
Under H.R. 3936, approximately 337 miles of existing trails
currently open for motorized uses on National Forest and Bureau
of Land Management (BLM) lands within the Northern Utah
counties of Cache, Box Elder, Rich and Weber, would be
recognized as the James V. Hansen Shoshone National Trail. It
would authorize the Department of Agriculture and Department of
Interior to enter into cooperative agreements with the State of
Utah for the trails' continued management and development.
The legislation would further allow the Departments to
designate future additions consistent with the requirements of
the National Trail System Act, and would facilitate the
development of local access points to the trail across private,
city or county lands leading ultimately to a fully
interconnected system of trails.
Finally, the legislation directs that the public be
adequately informed through maps, signage and other appropriate
means, the locations of trails and their acceptable uses.
COMMITTEE ACTION
H.R. 3936 was introduced on March 12, 2002, by Congressman
James V. Hansen (R-UT) and referred to the Committee on
Resources. On March 15, 2002, the bill was referred within the
Committee to the Subcommittee on National Parks, Recreation,
and Public Lands and the Subcommittee on Forests and Forest
Health. On March 16, 2002, the Subcommittee on National Parks,
Recreation and Public Lands held a hearing on the bill. On May
22, 2002, the Full Committee met to consider the bill. The
Subcommittee on National Parks, Recreation, and Public Lands
and the Subcommittee on Forests and Forest Health were
discharged from further consideration of the bill by unanimous
consent.
Mr. Hansen offered an amendment in the nature of a
substitute to: (1) change the name of the trail to the Shoshone
National Trail; (2) clarify that the bill will designate as
part of the system of trails only those that are already open
to motorized use; (3) clarify that while the primary purpose of
the trail system will be to facilitate motorized trail
opportunities, that the trail will also be managed to ensure
public safety and to minimize user conflicts; and to (4) ensure
that the public will be adequately informed regarding the
trails that are open. The amendment was adopted by unanimous
consent.
Mr. Rahall then offered an en bloc amendment to change the
name of the trail to the James V. Hansen Shoshone National
Trail. It was adopted by unanimous consent and the bill, as
amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
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 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. According to the Congressional Budget Office, the
cost of implementing this legislation is estimated to be less
than $500,000 per year.
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, as ordered reported, is to designate
and provide for the management of the James V. Hansen Shoshone
National Trail, 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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 5, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3936, a bill to
designate and provide for the management of the James V. Hansen
Shoshone National Trail.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs) and Marjorie Miller (for the state
and local impact).
Sincerely,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosure.
H.R. 3936--A bill to designate and provide for the management of the
James V. Hansen Shoshone National Trail, and for other purposes
CBO estimates that implementing H.R. 3936 would have no
significant impact on the federal budget. The bill would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures would not apply.
H.R. 3936 would designate the James V. Hansen Shoshone
National Trail on about 337 miles of existing trails within the
Wasatch-Cache National Forest and adjacent federal lands
located in Utah. The bill would direct the Secretary of
Agriculture and the Secretary of the Interior to manage the
proposed trail for recreational purposes in cooperation with
local governments and Utah's Department of Natural Resources.
The bill would permit the secretaries to acquire privately
owned lands and interests from willing sellers and to expand
the trail to include other federal and nonfederal lands.
According to the Forest Service, the trails that would be
designated under H.R. 3936 already are managed for purposes
similar to those outlined in the bill. Based on information
from the agency, CBO estimates that any increase in federal
spending to administer those trails or to acquire nonfederal
lands or interests under H.R. 3936 would be less than $500,000
a year, assuming the availability of appropriated funds.
H.R. 3936 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 state of Utah and some country governments in that state
could incur some costs if they chose to participate in managing
the trail designated by this bill. Any such costs would be
voluntary.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs) and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
compliance with public law 104-4
This bill contains no unfunded mandates.
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.