[House Report 115-992]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-992
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YELLOWSTONE GATEWAY PROTECTION ACT
_______
October 23, 2018.--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. 4644]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4644) to withdraw certain National Forest System
land in the Emigrant Crevice area located in the Custer
Gallatin National Forest, Park County, Montana, from the mining
and mineral leasing laws of the United States, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 4644 is to withdraw certain National
Forest System land in the Emigrant Crevice area located in the
Custer Gallatin National Forest, Park County, Montana, from the
mining and mineral leasing laws of the United States.
BACKGROUND AND NEED FOR LEGISLATION
The National Park System contains 417 areas covering nearly
84 million acres in every State, the territories, and the
District of Columbia.\1\ These federal lands serve as
recreational destinations for individuals around the U.S. and
the world. National park visitors generate and support
significant economic activity within park gateway economies. As
the Department of the Interior's Fiscal Year 2019 Budget
Request notes, visitors to our national parks spend more than
$18.4 billion in local communities, supporting nearly 318,000
jobs and contributing $34.9 billion into the national
economy.\2\
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\1\National Park Service. Main Site, https://www.nps.gov/aboutus/
national-park-system.htm.
\2\Department of the Interior. Interior Budget Request 2018,
https://www.doi.gov/ocl/interior-budget-request.
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According to the National Park Service, federal lands
received 330,882,751 recreational visits in 2017, which
mirrored record-setting numbers seen in 2016.\3\ More
specifically, an estimated 4.1 million people visited
Yellowstone National Park and its surrounding areas, spending a
total of $498.8 million in its neighboring communities.\4\ That
spending contributed to the support of 7,354 jobs with a
cumulative benefit to the local economy of $629.6 million.\5\
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\3\National Park Service. Office of Communications 2018, https://
www.nps.gov/orgs/1207/02-28-2018-visitation-certified.htm.
\4\National Park Service. Yellowstone Data 2018, https://
www.nps.gov/yell/learn/news/18019.htm.
\5\National Park Service. Yellowstone Data 2018, https://
www.nps.gov/yell/learn/news/18019.htm.
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On November 22, 2016, the Bureau of Land Management
published a Federal Register notice detailing an application
had been filed to formally withdraw nearly 30,370 acres of
National Forest System lands from location, entry, and patent
under mining laws and disposition under all laws pertaining to
mineral and geothermal leasing.\6\ The proposed withdrawal is
within the Custer Gallatin National Forest, Park County,
Montana, near Yellowstone National Park. Managed by the
Yellowstone and Gardiner Ranger Districts, these federal lands
consist of two plots: Emigrant (15,795 acres) and Crevice
(14,575 acres).
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\6\USDA Forest Service. Emigrant Crevice Withdrawal: Economics
2018, https://www.fs.usda.gov/nfs/11558/www/nepa/
106272_FSPLT343_278865.pdf.
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Located 26 miles south of Livingston, Montana, the Emigrant
area encircles the Emigrant Creek, Mill Creek, Arrastra Creek,
and Sixmile Creek drainages. The parcel also contains 316 acres
of non-federal lands that would otherwise not be subject to the
withdrawal, unless the land was obtained by the United
States.\7\
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\7\USDA Forest Service. Emigrant Crevice Withdrawal: Economics
https://www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4278865.pdf.
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Adjacent to the northern boundary of Yellowstone National
Park and to the northeast of Gardiner, Montana, lies the
Crevice withdrawal area, comprising 14,575 acres, of which
1,352 acres are non-federal lands that would not be subject to
the withdrawal.\8\
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\8\USDA Forest Service. Emigrant Crevice Withdrawal: Economics
https://www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4278865.pdf.
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This area also includes three existing withdrawals,
totaling over 4,300 acres, that date back to the early 1900s.
The first, Executive Order 3053, signed February 28, 1919,
serves as a game preserve.\9\ The second is Power Site Reserve
527, which was withdrawn for water power sites. The final
existing site is identified as Power Site Classification 94,
dated May 2, 1925. Since none of the existing withdrawals close
the land to entry under the mining laws, the proposed
withdrawal area would overlap these existing withdrawals if
enacted.\10\
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\9\Id. at 2.
\10\Id.
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On September 21, 2018, the U.S. Forest Service completed an
environmental assessment of the proposed withdrawal and
recommended, through the Bureau of Land Management, that the
Secretary of the Interior withdraw the area in question from
mineral entry for 20 years, subject to valid existing
rights.\11\
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\11\USFS, Emigrant Crevice Locatable Mineral Withdrawal, Project
Documents, Recommendation Letter 2018, https://www.fs.usda.gov/nfs/
11558/www/nepa/106272_FSPLT3_4428944.pdf.
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The purpose of the withdrawal in H.R. 4644 is to
permanently preserve the scenic integrity, wildlife corridors,
and recreation values and opportunities in the historic
Emigrant Mining District and the Jardine/Crevice Mining
District.\12\
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\12\USDA Emigrant Crevice Mineral Withdrawal Environmental
Assessment https://www.fs.usda.gov/nfs/11558/www/nepa/
106272_FSPLT3_4278748.pdf.
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H.R. 4644 has broad local support, including from the
Yellowstone Gateway Business Coalition, which represents over
400 businesses and thousands of men and women employed near
Yellowstone National Park.\13\ That being said, no recent
economic analysis has been conducted to determine the potential
value of critical minerals or other materials which may be
available in the proposed withdrawal areas.
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\13\Letter to Rep. Gianforte (R-MT) from Yellowstone Gateway
Business Coalition.
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SECTION-BY-SECTION ANALYSIS OF H.R. 4644
Section 2. Withdrawal
Subject to valid existing rights in
existence on the date of enactment of this Act, the
National Forest System land and interests in the
National Forest System land, as depicted on the map
entitled ``Emigrant Crevice Proposed Withdrawal Area''
and dated November 10, 2016, is withdrawn from:
(1) location, entry, and patent under the
mining laws; and
(2) disposition under all laws pertaining to
mineral and geothermal leasing.
Nothing in this Act affects any recreational
use, including hunting or fishing, that is authorized
on land within the area depicted on the map under
applicable law as of the date of enactment of the Act.
Any land or interest in land within the area
depicted on the map that is acquired by the United
States after the date of enactment of this Act shall,
on acquisition, be immediately withdrawn in accordance
with this section.
COMMITTEE ACTION
H.R. 4644 was introduced on December 14, 2017, by
Congressman Greg Gianforte (R-MT). The bill was referred to the
Committee on Natural Resources and within the Committee, to the
Subcommittee on Energy and Mineral Resources. The Subcommittee
held a hearing on the bill on June 21, 2018. On September 26,
2018, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent.
Congressman Paul A. Gosar (R-AZ) offered an amendment
designated 132; it was not adopted by a bipartisan roll call
vote of 10 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Paul A. Gosar (R-AZ) offered an amendment
designated 133; it was not adopted by a bipartisan roll call
vote of 10 yeas and 22 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Paul A. Gosar (R-AZ) offered an amendment
designated 135; it was not adopted by a bipartisan roll call
vote of 9 yeas and 23 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Paul A. Gosar (R-AZ) offered an amendment
designated 136; it was not adopted by a bipartisan roll call
vote of 11 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Congressman Paul A. Gosar (R-AZ) offered an amendment
designated 137; it fell on a point of order. Congressman Paul
A. Gosar (R-AZ) offered an amendment designated 139; it fell on
a point of order. No additional amendments were offered, and
the bill was ordered favorably reported to the House of
Representatives by a bipartisan roll call of 28 yeas and 4
nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 19, 2018.
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. 4644, the
Yellowstone Gateway Protection Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Mark P. Hadley,
(For Keith Hall, Director).
Enclosure.
H.R. 4644--Yellowstone Gateway Protection Act
H.R. 4644 would withdraw roughly 30,000 acres of land in
the Custer Gallatin National Forest in Montana from mining laws
and mineral and geothermal leasing, subject to valid existing
rights. That is, the bill would not allow new mining or other
related activities on those lands, which are adjacent to the
northern boundary of Yellowstone National Park.
The Department of the Interior is reviewing a public land
order to withdraw those lands from location and entry under
mining laws for a period of 20 years. Through November 22,
2018, no new mining claims will be accepted on those lands. If
the department chooses not to implement the order, the lands
will be open to new mining claims after that date. Using
information from the department, CBO estimates that
implementing the order will produce no significant change in
administrative costs; therefore, implementing the bill also
would have no significant effect on spending subject to
appropriation.
Because the affected lands currently produce no income from
mineral or geothermal leasing (and are not expected to do so in
the future), CBO estimates that enacting the bill would not
affect offsetting receipts, which are treated as reductions in
direct spending. Because enacting H.R. 4644 would not affect
direct spending or revenues, pay-as-you-go procedures do not
apply.
CBO estimates that enacting H.R. 4644 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 4644 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. 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 withdraw certain National Forest
System land in the Emigrant Crevice area located in the Custer
Gallatin National Forest, Park County, Montana, from the mining
and mineral leasing laws of the United States.
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. This bill does not contain any
directed rule makings.
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.