    [Senate Hearing 114-509]
    [From the U.S. Government Publishing Office]

                                                            S. Hrg. 114-509

                              PENDING LEGISLATION

    =======================================================================

                                    HEARING

                                   BEFORE THE

                                  COMMITTEE ON
                          ENERGY AND NATURAL RESOURCES
                              UNITED STATES SENATE

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 SECOND SESSION

    S. 346                               S. 3203

    S. 437                               S. 3204

    S. 1416                              S. 3254

    S. 2056                              S. 3273

    S. 2380                              S. 3312

    S. 2681                              S. 3315

    S. 2991                              S. 3316

    S. 3049                              S. 3317

    S. 3102                              H.R. 1838

    S. 3167                              H.R. 2009

    S. 3192

                                   ----------

                               SEPTEMBER 22, 2016

                                   ----------

                           Printed for the use of the
                   Committee on Energy and Natural Resources

            Available via the World Wide Web: http://www.govinfo.gov

                              PENDING LEGISLATION

                                                            S. Hrg. 114-509

                              PENDING LEGISLATION

    =======================================================================

                                    HEARING

                                   before the

                                  COMMITTEE ON

                           ENERGY & NATURAL RESOURCES

                              UNITED STATES SENATE

                        ONE HUNDRED FOURTEENTH CONGRESS

                                 SECOND SESSION

    S. 346                               S. 3203

    S. 437                               S. 3204

    S. 1416                              S. 3254

    S. 2056                              S. 3273

    S. 2380                              S. 3312

    S. 2681                              S. 3315

    S. 2991                              S. 3316

    S. 3049                              S. 3317

    S. 3102                              H.R. 1838

    S. 3167                              H.R. 2009

    S. 3192

                                   __________

                               SEPTEMBER 22, 2016

                                   __________

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                           Printed for the use of the
                   Committee on Energy and Natural Resources
            Available via the World Wide Web: http://www.govinfo.gov

                                _________

                    U.S. GOVERNMENT PUBLISHING OFFICE

     22-000                  WASHINGTON : 2018
    ____________________________________________________________________
    For sale by the Superintendent of Documents, U.S. Government Publishing Office,
    Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800
      Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001

                   COMMITTEE ON ENERGY AND NATURAL RESOURCES

                        LISA MURKOWSKI, Alaska, Chairman
    JOHN BARRASSO, Wyoming               MARIA CANTWELL, Washington
    JAMES E. RISCH, Idaho                RON WYDEN, Oregon
    MIKE LEE, Utah                       BERNARD SANDERS, Vermont
    JEFF FLAKE, Arizona                  DEBBIE STABENOW, Michigan
    STEVE DAINES, Montana                AL FRANKEN, Minnesota
    BILL CASSIDY, Louisiana              JOE MANCHIN III, West Virginia
    CORY GARDNER, Colorado               MARTIN HEINRICH, New Mexico
    ROB PORTMAN, Ohio                    MAZIE K. HIRONO, Hawaii
    JOHN HOEVEN, North Dakota            ANGUS S. KING, JR., Maine
    LAMAR ALEXANDER, Tennessee           ELIZABETH WARREN, Massachusetts
    SHELLEY MOORE CAPITO, West Virginia
                          Colin Hayes, Staff Director
                    Patrick J. McCormick III, Chief Counsel
               Angela Becker-Dippmann, Democratic Staff Director
                    Sam E. Fowler, Democratic Chief Counsel

                                C O N T E N T S

                                  ----------

                               OPENING STATEMENTS

                                                                       Page
    Murkowski, Hon. Lisa, Chairman and a U.S. Senator from Alaska....     1
    Cantwell, Hon. Maria, Ranking Member and a U.S. Senator from
      Washington.....................................................   134
    Manchin III, Hon. Joe, a U.S. Senator from West Virginia.........   137
    Capito, Hon. Shelley Moore, a U.S. Senator from West Virginia....   144
    Heinrich, Hon. Martin, a U.S. Senator from New Mexico............   145
    Gardner, Hon. Cory, a U.S. Senator from Colorado.................   149
    Daines, Hon. Steve, a U.S. Senator from Montana..................   222

                                   WITNESSES

    Sullivan, Hon. Dan, a U.S. Senator from Alaska...................   135
    Reid, Hon. Harry, Senate Minority Leader and a U.S. Senator from
      Nevada.........................................................   141
    Kornze, Hon. Neil, Director, Bureau of Land Management, U.S.
      Department of the Interior.....................................   153
    Weldon, Leslie, Deputy Chief, National Forest System, U.S. Forest
      Service, U.S. Department of Agriculture........................   206

              ALPHABETICAL LISTING AND APPENDIX MATERIAL SUBMITTED

    2nd Indianhead Division Association:
        Letter for the Record........................................   381
    23rd Navajo Nation Council:
        Letter for the Record........................................   220
    Access Fund:
        Statement for the Record.....................................   382
    Affeldt, Corlyss:
        Letter for the Record........................................   385
    Alaska Chapter Sierra Club:
        Statement for the Record.....................................   386
    Alaska Department of Natural Resources:
        Statement for the Record.....................................   388
    Alaska Federation of Natives:
        Resolution 15-7 for the Record...............................    59
    Alaska Forest Association:
        Statement for the Record.....................................    16
    Alaska Mental Health Trust Authority:
        Letter for the Record........................................   391
    Alaska Mental Health Trust Land Office:
        Letter for the Record........................................     4
    Alaska Miners Association:
        Letter for the Record........................................   393
    Alaska Native Brotherhood & Alaska Native Sisterhood:
        Resolution No. 14-08 for the Record..........................    63
    Alaska State Chamber of Commerce:
        Letter for the Record........................................   396
    Alaska State Legislature (Juneau Delegation):
        Letter for the Record........................................    66
    Alaska Wilderness League, et al.:
        Letter for the Record regarding S. 2012......................   398
        Letter for the Record regarding S. 3203......................   406
        Letter for the Record regarding S. 3273......................   411
    Alaskans for Wildlife, et al.:
        Letter for the Record........................................   416
    Aleut Corporation:
        Letter for the Record........................................   419
    Allen, Marian:
        Letter for the Record regarding S. 3273......................    78
        Letter for the Record regarding S. 3203......................    80
    Alta Forest Products:
        Letter for the Record........................................    29
    Alyeska Pipeline Service Company:
        Letter for the Record........................................   420
    American Exploration and Mining Association:
        Letter for the Record........................................   422
    American Fly Fishing Trade Association:
        Letter for the Record........................................   229
    American Motorcyclist Association:
        Letter for the Record........................................   424
    American Rivers:
        Letter for the Record........................................   425
    American Whitewater:
        Letter for the Record........................................   428
    Andras Outfitters and Rachel Andras: Professional Health and
      Wellness Coach:
        Letter for the Record........................................   431
    Appalachian Forest Heritage Area, Inc.:
        Statement for the Record.....................................   432
    Archery Trade Association, et al.:
        Letter for the Record........................................   325
    Arctic Slope Regional Corporation:
        Letter for the Record........................................   433
    Argall, Phillip:
        Letter for the Record........................................    94
    Arizona Association of Conservation Districts:
        Letter for the Record........................................   318
    Arizona Cattle Growers' Association:
        Letter for the Record........................................   355
    Arizona Chamber Foundation and Prosper Foundation:
        Policy Brief entitled ``The Proposed Grand Canyon Watershed
          National Monument: A Monumental Mistake?''.................   442
    Arizona Chamber of Commerce & Industry:
        Statement for the Record.....................................   314
    Arizona Department of Transportation:
        Statement for the Record.....................................   351
    Arizona Farm Bureau Federation:
        Letter for the Record........................................   356
    Arizona Game and Fish Department:
        Statement for the Record regarding S. 1416...................   301
        Letter for the Record regarding Proposed Grand Canyon
          Watershed National Monument................................   303
        Letter for the Record regarding H.R. 3882....................   306
        Resolution concerning the Loss of Multiple-Use Public Lands
          due to Special Land-Use Designations.......................   307
    Arizona Mining Association:
        Statement for the Record.....................................   320
    Arizona State Land Department:
        Statement for the Record regarding S. 3316...................   298
        Statement for the Record regarding S. 437....................   309
        Statement for the Record regarding S. 1416...................   312
    Arizona State Parks:
        Letter for the Record........................................   273
    Arizona/Utah Local Economic Coalition:
        Letter for the Record........................................   357
    Ark Land Company:
        Statement for the Record.....................................   455
    Associated School Boards of South Dakota:
        Letter for the Record........................................   776
    Backcountry Hunters & Anglers--Nevada Chapter:
        Letter for the Record........................................   690
    Barlow, Leo:
        Written Testimony on 10/8/15.................................   757
    Barton, Mike:
        Letter for the Record........................................   457
    Bass, Cynthia:
        Letter for the Record........................................   106
    Bedford, Hon. Olivia Cajero:
        Letter for the Record........................................   279
    Benbow, David:
        Letter for the Record........................................   458
    Bloom, Arthur:
        Statement for the Record.....................................   459
    Bronson, Sharon:
        Letter for the Record........................................   280
    Brown, Brian:
        Letter for the Record........................................    31
    Brunner, Hon. Ryan:
        Letter for the Record........................................   778
    Buckeye Water Conservation & Drainage District:
        Letter for the Record........................................   328
    Bullock, Hon. Steve:
        Letter for the Record........................................   228
    Campbell, Ray:
        Letter for the Record........................................   460
    Cantwell, Hon. Maria:
        Opening Statement............................................   134
    Capito, Hon. Shelley Moore:
        Opening Statement............................................   144
    Central Council of Tlingit and Haida Indian Tribes of Alaska:
        Resolution TA/15-19 for the Record...........................    61
    Champney, Kim:
        Letter for the Record........................................   461
    Chugach Alaska Corporation:
        Statement for the Record.....................................   111
    City and Borough of Wrangell (Alaska):
        Resolution No. 04-16-1341 for the Record.....................    48
    City of Sturgis (South Dakota):
        Letter for the Record........................................   777
    City of Tenakee Springs and the Chichagof Conservation Council:
        Letter for the Record........................................    75
    City of Whitefish (Montana):
        Letter for the Record........................................   230
    Clover Nevada LLC:
        Letter for the Record........................................   462
    Coalition for Nevada's Wildlife:
        Letter for the Record........................................   464
    Coeur Mining:
        Letter for the Record........................................   466
    Colorado Department of Public Health and Environment:
        Letter for the Record........................................   248
    Community Connections:
        Letter for the Record........................................   468
    (The) Confederated Tribes of the Colville Reservation:
        Letter for the Record........................................   469
    Conitz, Jan:
        Statement for the Record regarding S. 3203...................   470
        Statement for the Record regarding S. 3273...................   471
    Cook Inlet Region, Inc.:
        Letter for the Record........................................   107
    Council of Athabascan Tribal Governments:
        Letter for the Record........................................   472
    Curry County (Oregon) Business Coalition:
        Letter for the Record........................................   475
        Resolution R1516-16 for the Record...........................   479
    Dahlstrom Lumber Company:
        Letter for the Record........................................    30
    Daines, Hon. Steve:
        Opening Statement............................................   222
        Photo: View from Alex Diekmann Peak into Madison River Valley   223
        Photo: Proposed Diekmann Peak................................   225
        Written Statement............................................   227
    Demerjian, Bonnie and Haig:
        Statement for the Record.....................................   481
    Diekmann, Lisa:
        Statement for the Record.....................................   482
    Doig, Clare:
        Letter for the Record........................................    39
    Donn Leson Saddles:
        Statement for the Record.....................................   484
    Doyon, Limited:
        Statement for the Record.....................................   109
    Ducey, Hon. Douglas:
        Statement for the Record.....................................   339
    Dunn, Hon. Aubrey:
        Letter for the Record........................................   485
    Earthworks:
        Letter for the Record........................................   487
    Eastern Arizona Counties Organization:
        Letter for the Record........................................   330
    Elias, Richard:
        Letter for the Record........................................   281
    Elko Mining Group:
        Letter for the Record........................................   489
    EP Minerals, LLC:
        Letter for the Record........................................   491
    Farr, Hon. Sam:
        Statement for the Record.....................................   493
    Fecko, Cheryl:
        Letter for the Record........................................   497
    Forest Recreation Management, Inc.:
        Letter for the Record........................................   498
    Frank, Sr., Carlos:
        Letter for the Record........................................    90
    Freymueller, Dr. Jeffrey:
        Letter for the Record........................................   500
    Friends of the Kalmiopsis:
        Letter for the Record........................................   502
    Gallatin County Commission (Montana):
        Letter for the Record........................................   231
    Gardner, Hon. Cory:
        Opening Statement............................................   149
        Newspaper Article by Gary Harmon entitled ``Tipton wants to
          extend life of radioactive waste disposal site'' dated 9/
          16/16......................................................   251
        Newspaper Article by Gary Harmon entitled ``County backs
          keeping tailings dump site open'' dated 9/19/16............   252
    Garvey, Lydia:
        Letter for the Record........................................   508
    Geos Institute:
        Letter for the Record........................................   510
    Gold Acquisition Corporation:
        Letter for the Record........................................   520
    Gould, Dean:
        Statement for the Record.....................................   127
    Greater Southeast Alaska Conservation Community:
        Letter for the Record........................................    40
    Greenpeace:
        Statement for the Record.....................................   522
    Griffin, Hon. Gail:
        Letter for the Record........................................   333
    Heinrich, Hon. Martin:
        Opening Statement............................................   145
        Photo: Ah-shi-siei-pah.......................................   146
        Photo: Organ Mountains-Desert Peaks National Monument, Las
          Cruces, New Mexico.........................................   148
    Heller, Hon. Dean:
        Statement for the Record.....................................   561
    Huff, Patrick:
        Letter for the Record........................................    92
    IBC Advanced Technologies:
        Letter for the Record........................................   564
    Inslee, Hon. Jay:
        Letter for the Record........................................   566
    Iron Range Delegation:
        Letter for the Record........................................   664
    Irwin, Hon. Patrick:
        Statement for the Record.....................................   568
    Jackson, Richard:
        Letter for the Record........................................   570
    Jamieson, Christie:
        Letter for the Record........................................    74
    Jobs for Minnesotans:
        Letter for the Record........................................   666
    Johnson, Hon. Buster:
        Statement for the Record.....................................   353
    Johnson, Randy:
        Letter for the Record........................................   571
    Josephine County (Oregon) Business Coalition:
        Letter for the Record........................................   573
    Kalmiopsis Audubon Society:
        Letter for the Record dated 9/19/16 regarding S. 346.........   575
        Support for the Southwestern Oregon Watershed and Salmon
          Protection Act for the Record:.............................   577
            City of Gold Beach (Oregon)--Resolution R1516-16.........   578
            City of Cave Junction (Oregon)--Letter...................   580
            Smith River Watershed (California)--Resolution...........   581
            McGuire, Hon. Mike--Letter...............................   583
            Elk Valley Rancheria (California)--Letter................   585
            Confederated Tribes of Siletz Indians--Letter............   587
            County of Del Norte (California) Board of Supervisors--
              Letter.................................................   589
            City of Gold Beach (Oregon)--Letter......................   591
            Pacific Coast Federation of Fishermen's Associations and
              the Institute for Fisheries Resources--Letter..........   593
            Curry County (Oregon) Board of Commissioners--Letter.....   595
            City of Cresent City (California)--Letter................   597
            Big Rock Community Services District (California)--Letter   598
            Gasquet Community Services District (Oregon)--Letter.....   600
            Cresent City/Del Norte County (California) Visitor's
              Bureau--Letter.........................................   601
            Wild Rivers, Wild Brews Coalition--Letter................   602
            Kalmiopsis Rivers and Wild Rivers Coast--List of
              Supporters.............................................   604
    Ketchikan Gateway Borough (Alaska):
        Letter for the Record........................................    32
        Resolution No. 2667 for the Record...........................    34
    Kinville, Michael:
        Letter for the Record........................................   609
    Klawock Cooperative Association Tribal Council:
        Critique of Proposed ANCSA Amendments........................   611
        Resolution No. 16-06 for the Record..........................   620
    Knight, Rebecca:
        Letter for the Record........................................   621
            Exhibit A: Article by Becky Knight entitled ``My Turn: A
              better solution for the mental health lands debacle''
              dated 9/7/16 on the JuneauEmpire.com website...........   624
            Exhibit B: Petersburg Borough Assembly (Alaska) Letter...   625
            Exhibit C: Article by Nick Bowman entitled ``Deer
              Mountain land buyout talk grows'' dated 9/17/16 in the
              Ketchikan Daily News...................................   627
            Exhibit D: Article by Juneau Empire entitled ``Forest
              Service purchases land in Cube Cove, returning it to
              Wilderness'' dated
              9/19/16 on the JuneauEmpire.com website................   629
            Exhibit E: Article by Russ Webb entitled ``Trust has
              duties to manage assets for beneficiaries'' dated 9/1/
              16 in the Ketchikan Daily News.........................   630
    Kornze, Hon. Neil:
        Opening Statement............................................   153
        Written Testimony............................................   155
        Responses to Questions for the Record........................   366
    LaRoe, Jen:
        Statement for the Record.....................................   632
    Leahy, Mike:
        Letter for the Record........................................   633
    Levy, Abe:
        Statement for the Record.....................................   636
    Lewis, Steve:
        Letter for the Record regarding S. 3004/S. 3273..............   637
        Letter for the Record regarding S. 3203......................   639
    Littlefield-Hurricane Valley Natural Resource Conservation
      District:
        Letter for the Record........................................   332
    Lord, William:
        Letter for the Record........................................    88
    Lowe, Carol:
        Letter for the Record........................................    93
    Lucy, Sam and Brooke:
        Letter for the Record........................................   640
    Lyford, Gordon:
        Letter for the Record........................................   643
    Mack, Hon. Stanley:
        Statement for the Record.....................................   120
    Madison County (Montana) Board of Commissioners:
        Letter for the Record........................................   232
    Madison River Foundation:
        Letter for the Record........................................   236
    Manchin III, Hon. Joe:
        Opening Statement............................................   137
        Written Statement............................................   139
    Mapes, Craig:
        Letter for the Record........................................   644
    Maricopa County (Arizona) Board of Supervisors:
        Letter for the Record........................................   271
    McBeen, Joan:
        Letter for the Record........................................   645
    McBeen, Samuel:
        Letter for the Record........................................   646
    McCabe, Sheriff Jim:
        Letter for the Record........................................   336
    Mesa County (Colorado) Board of County Commissioners:
        Letter for the Record........................................   249
    Methow Valley Citizens Council:
        Statement for the Record.....................................   654
    Methow Valley/Flagg Mountain Businesses:
        Letter for the Record........................................   655
    Michael, Mary Jane:
        Letter for the Record........................................   661
    MiningMinnesota:
        Letter for the Record........................................   662
    Moberly, Stan:
        Statement for the Record.....................................   671
    Momentum River Expeditions:
        Letter for the Record........................................   672
    Monetta, Robert and Delene:
        Letter for the Record........................................   673
    Monroe, Nicholas:
        Letter for the Record........................................    89
    Montana Association of Land Trusts:
        Letter for the Record........................................   237
    Montana Fish & Wildlife Commission:
        Letter for the Record........................................   239
    (The) Mountaineers:
        Letter for the Record........................................   675
    Murkowski, Hon. Lisa:
        Opening Statement............................................     1
        Letter to Secretary Thomas Vilsack (USDA) dated 7/25/13......    11
    Murray, Hon. Patty:
        Statement for the Record.....................................   677
    National Association of Counties:
        Letter for the Record........................................   269
    National Association of County Park and Recreation Officials:
        Letter for the Record........................................   274
    National Association of State Park Directors:
        Letter for the Record........................................   270
    National Congress of American Indians:
        Letter for the Record........................................    55
        Resolution #DEN-07-097 for the Record........................    57
    National Mining Association:
        Letter for the Record........................................   679
    National Ocean Industries Association:
        Letter for the Record........................................   681
    National Park Service, U.S. Department of the Interior:
        Statement for the Record regarding S. 3167...................   682
        Statement for the Record regarding S. 3315...................   684
    National Parks Conservation Association:
        Letter for the Record........................................   132
    National Recreation and Park Association:
        Letter for the Record........................................   276
    National Wildlife Federation:
        Statement for the Record.....................................   634
    Native Fish Society:
        Letter for the Record........................................   686
    Native Village of Shishmaref, City of Shishmaref and Shishmaref
      Native Corporation (Alaska):
        Letter for the Record........................................    97
    (The) Navajo Nation:
        Letter for the Record........................................   219
    Neale, Graham:
        Letter for the Record........................................   688
    Nevada Farm Bureau Federation:
        Statement for the Record.....................................   691
    Nevada Mining Association:
        Letter for the Record........................................   692
    Nicholls, Hon. Douglas:
        Letter for the Record........................................   329
    Norene, Larry:
        Letter for the Record........................................   694
    Norman, David:
        Statement for the Record.....................................   695
    Northwest Rafting Company:
        Letter for the Record........................................   696
    Olmsted, Nicholas (and Molly Kemp):
        Letter for the Record........................................   697
    Outdoor Alliance, et al.:
        Letter for the Record........................................   698
    Pacific Coast Federation of Fishermen's Associations:
        Letter for the Record........................................   704
    Palmer, Tim:
        Letter for the Record........................................   706
    Papillon Airways, Grand Canyon Airlines and Maverick Aviation
      Group:
        Letter for the Record........................................   323
    Parlette, Hon. Linda Evans:
        Letter for the Record........................................   708
    Pascua Yaqui Tribe of Arizona:
        Statement for the Record.....................................   282
    Perkison, Donald:
        Letter for the Record........................................   709
    Pershing County (Nevada) Board of Commissioners:
        Letter for the Record........................................   710
    (The) Pew Charitable Trusts:
        Letter for the Record regarding S. 3102 and H.R. 5752........   711
        Statement for the Record regarding S. 346, S. 3049, S. 3102,
          S. 3203, S. 437. S. 1416, and S. 3317......................   713
    Pierce, Hon. Steve:
        Letter for the Record regarding the Grand Canyon Watershed
          National Monument..........................................   334
        Letter for the Record regarding the Sedona Verde Valley Red
          Rock National Monument.....................................   335
    Preston, Christopher:
        Letter for the Record........................................   716
    Rafter S Cattle Company:
        Statement for the Record.....................................   717
    Range Association of Municipalities and Schools:
        Statement for the Record.....................................   667
        Resolution 03-2016 for the Record............................   669
    Reid, Hon. Harry:
        Opening Statement............................................   141
    Resource Development Council for Alaska, Inc.:
        Letter for the Record regarding S. 3203, S. 3204, S. 3273....   720
        Letter for the Record regarding S. 3203, Title V.............   723
    Rhodes, Doug:
        Letter for the Record........................................   725
    Rinehart, Jr., Richard:
        Letter for the Record regarding S. 3273 (Wrangell)...........    47
        Letter for the Record regarding S. 3273 (Letters and
          Resolutions)...............................................    52
        Letter for the Record regarding S. 3273 (Alaska Legislators).    65
    Rinehart, Richard ``Tashee'':
        Letter for the Record........................................    69
    Risch, Hon. James E.:
        Statement for the Record.....................................   727
    Rye Patch Mining US Inc.:
        Letter for the Record........................................   728
    San Juan County (New Mexico) Commission:
        Letter for the Record........................................   218
    San Juan County (Utah):
        Resolution No. 2016-08 for the Record........................   263
    Sarkar Cove/Point Area Residents and Property Owners:
        Letter for the Record........................................    15
    Sealaska Corporation:
        Letter for the Record........................................   729
    Shee Atika, Inc.:
        Statement for the Record.....................................   100
        Joint Press Release 16-07....................................   103
        Tongass National Forest Map..................................   105
    Shell Oil Company:
        Letter for the Record........................................   738
    Sitka Conservation Society:
        Letter for the Record........................................   739
    Sivertsen, Bob:
        Letter for the Record........................................    38
    Solidus Resources, LLC:
        Letter for the Record........................................   742
    Sorenson, Dru:
        Statement for the Record.....................................   744
    South Dakota Department of Game, Fish and Parks:
        Letter for the Record........................................   745
    Southeast Alaska Conservation Council:
        Statement for the Record re: S. 3004.........................    82
        Letter for the Record........................................   746
    Southeast Alaska Independent Living:
        Letter for the Record........................................   752
    Southeast Alaska Landless Corporation:
        Letter for the Record........................................   753
        Written Testimony of Leo Barlow on 10/8/15...................   757
    Southeast Conference:
        Resolution 13-03 for the Record..............................   761
    Spearfish Canyon Foundation:
        Letter for the Record........................................   762
    SRK Consulting (U.S.), Inc.:
        Letter for the Record........................................   763
    State of Utah:
        Concurrent Resolution Opposing Unilateral Use of the
          Antiquities Act............................................   255
    Stedman, Hon. Bert:
        Letter for the Record........................................    67
    Stern, Wendy:
        Letter for the Record........................................   764
    Stewart, Sarah and Family:
        Letter for the Record regarding S. 3203......................   765
        Letter for the Record regarding S. 3273......................   766
    Suckling, Theodore:
        Letter for the Record........................................    91
    Sullivan, Hon. Dan:
        Opening Statement............................................   135
    Swift, William:
        Letter for the Record........................................    37
    Tanana Chiefs Conference:
        Letter for the Record regarding S. 3273......................    84
    Tanana Chiefs Conference, Chalkyitsik Village Council and
      Gwichyaa Zhee Gwich'in Tribal Government:
        Letter for the Record regarding S. 3203......................   767
    Tester, Hon. Jon:
        Statement for the Record.....................................   771
    Theodore Roosevelt Conservation Partnership:
        Letter for the Record........................................   316
    Thorpe, Hon. Bob:
        Statement for the Record.....................................   342
    Thune, Hon. John:
        Statement for the Record.....................................   772
        Article entitled ``Preserving Spearfish Canyon'' from the
          Rapid City Journal dated 6/19/14...........................   775
    Town of Tusayan (Arizona):
        Statement for the Record.....................................   337
    Townsend, Hon. Kelly:
        Letter for the Record........................................   779
    Trout Unlimited:
        Letter for the Record regarding Methow River Headwaters......   780
        Letters for the Record regarding various bills...............   782
    Trumble, Della:
        Statement for the Record.....................................   124
    (The) Trust for Public Land and Northern Rockies Advisory Board:
        Letter for the Record........................................   243
    Ucore Rare Metals, Inc. and the Greater Ketchikan Chamber of
      Commerce (Alaska):
        Letter for the Record........................................    43
    Ukpeagvik Inupiat Corporation:
        Statement for the Record.....................................    95
        Supplemental Statement for the Record........................   792
    U.S. Department of Agriculture:
        Secretary's Memorandum 1044-009 addressing Sustainable
          Forestry in Southeast Alaska dated 7/2/13..................     7
        Joint Press Release 16-07....................................   103
    U.S. Department of Energy:
        Statement for the Record regarding S. 3312...................   151
        Response to Question for the Record..........................   377
    U.S. Magnetic Materials Association:
        Letter for the Record........................................    45
    Veterans of Foreign Wars of the United States:
        Letter for the Record........................................   794
    Viking Lumber:
        Statement for the Record.....................................    25
    Vilsack, Hon. Thomas (USDA):
        Letter to Senator Lisa Murkowski dated 11/19/13..............    13
    Visit Spearfish, Inc.:
        Letter for the Record........................................   774
    Vollmer, Alex:
        Statement for the Record.....................................   795
    Waring, Margo:
        Statement for the Record.....................................   796
    Washington Outdoor Alliance:
        Letter for the Record........................................   797
    Weldon, Leslie:
        Opening Statement............................................   206
        Written Testimony............................................   208
        Responses to Questions for the Record........................   374
    Western Landowners Alliance:
        Letter for the Record........................................   241
    Western States Land Commissioners Association:
        Statement for the Record.....................................   800
    Whitesell, Edward:
        Letter for the Record........................................   804
    Wild Rivers Wild Brews, Craft Brewers for Clean Water:
        Statement for the Record.....................................   805
    (The) Wilderness Society:
        Letter for the Record........................................   807
        Trans-Alaska Pipeline System Throughput: Facts, Data, and
          their Implications.........................................   826
        Whittington-Evans, Nicole:
            Written Testimony on 4/14/16.............................   827
    (The) Wilderness Society, et al.:
        Letter for the Record re: S. 347, S. 1416, and S. 3317.......   129
    Woods, James:
        Letter for the Record........................................   843
    Woolston, Kristina:
        Letter for the Record........................................   844
    Wrangell (Alaska) Chamber of Commerce:
        Resolution of Support for the Landless Natives of Wrangell...    50
    Wrangell Cooperative Association:
        Letter for the Record........................................    53
    Young, Jack:
        Statement for the Record regarding S. 3273, Section 10.......    72
        Statement for the Record regarding S. 3273, Section 11.......    73
    Ziller, Bob and Gloria:
        Statement for the Record.....................................   845

    ----------
    The text for each of the bills which were addressed in this hearing can
    be found on the committee's website at: https://www.energy.senate.gov/
    public/index.cfm/hearings-and-business-meetings?ID=ABDA167D-50B9-47E9-
    9912-AEB86FD53A35.

                              PENDING LEGISLATION

                                  ----------

                          THURSDAY, SEPTEMBER 22, 2016

                                           U.S. Senate,
                     Committee on Energy and Natural Resources,
                                                        Washington, DC.
        The Committee met, pursuant to notice, at 9:39 a.m. in Room
    SD-366, Dirksen Senate Office Building, Hon. Lisa Murkowski,
    Chairman of the Committee, presiding.

               OPENING STATEMENT OF HON. LISA MURKOWSKI,
                       A U.S. SENATOR FROM ALASKA

        The Chairman. Good morning, everyone.
        The Committee will now come to order as we begin our
    legislative hearing this morning to consider 21 measures that
    are broadly focused on our nation's public lands, natural
    hazards, conservations, monument designations and various other
    measures.
        I am the sponsor of six of the bills on the agenda this
    morning so I am going to just cut right to the chase, speak to
    them and try to move through our program this morning as
    expeditiously as we can.
        The first bill that I have on the agenda this morning is
    the Second Division Memorial Modification Act that will
    authorize three new benches for the memorial in President's
    Park on the National Mall. Those benches will honor soldiers
    from the Army's Second Infantry Division who were killed in the
    Cold War in Korea, the War in Iraq and the War in Afghanistan.
    Apparently it actually takes an act of Congress to do this
    modification.
        As we consider the bill I want to give a special shout out
    to a gentleman by the name of Aves Thompson and all those who
    are streaming this hearing from the Second Infantry Division's
    reunion in Missouri this morning. Know that I am going to be
    working hard, before you all come to Washington, DC next
    September, to celebrate the Second Infantry Division's 100th
    year of active service to our nation. I am going to be working
    hard to get this through.
        Next up on the agenda is the National Volcano Early
    Monitoring System Act. Few may realize this, Senator Cantwell
    certainly does coming from the Pacific Northwest, but the
    United States has 169 active volcanoes, many in Alaska, some in
    Washington and along the Pacific Northwest. Establishing a
    national watch office will help us monitor, warn and protect
    millions of Americans from the dangers and impacts of their
    eruptions.
        The third measure is my Alaska Native Claims Settlement
    Improvement Act which includes a series of adjustments to help
    communities throughout Alaska. The original Alaska Native
    Claims Settlements Act, or ANCSA, was always meant to be a
    living law. Forty-five years after its passage we have a range
    of issues that demand our attention, whether it be land
    conveyances that have still not yet been completed or land
    allotments for our Alaska Natives who are veterans of the
    Vietnam War, and this bill deserves the Senate's timely
    approval.
        When we are talking about timely approval I cannot not
    mention the situation in King Cove and my request for the King
    Cove Road Land Exchange Act. This would provide a lifesaving
    road for this small, isolated community. The Interior
    Department had a chance to do the right thing, but back in
    December 2013 it refused. Since then, King Cove has seen 52
    more Medivacs, including 17 that have been carried out by the
    Coast Guard. Members of this Committee have had an opportunity
    to hear about this situation over the months and over the
    years.
        Just last week on the Senate Floor I shared the story of a
    Native Elder in her 70s who came into the King Cove Clinic. She
    had a broken hip, but she had to wait 40 hours for the fog to
    lift before she could be Medivacked to Anchorage.
        I am seeking to avoid pain and suffering that could be
    avoided if we had a short, gravel, one-lane, non-commercial use
    road to connect it to Cold Bay. We have an opportunity to do
    the right thing by approving this lifesaving road. This measure
    is not included as part of my Alaska Economic Development and
    Access Act because it is not an economic development issue for
    me. It is a life safety issue.
        I do have a measure that we have entitled the Alaska
    Economic Development and Access to Resources Act. This is a
    measure that will help unlock Alaska's federal areas, and allow
    responsible oil, gas, mineral and timber production to proceed.
    Right now, we are facing, pretty much, a brick wall of
    opposition in these areas.
        What this package will do will help facilitate production
    in the NPRA, the non-wilderness portion of ANWR and our
    offshore Arctic and that will work to refill our Trans-Alaska
    Pipeline, help to reduce our state's budget crisis and fulfill
    the promises made to Alaska at statehood, just as it creates
    tens of thousands of new jobs, bolsters our competitiveness and
    protects our national security. At its core, my economic
    development package is a measure to ensure that Alaska is not
    just a resource rich state but also a resource producing state,
    especially when it comes to our federal lands and waters.
        I would just remind the Committee that was our deal in
    Alaska. When President Carter signed ANILCA into law in 1980,
    he promised and this was his words, ``100 percent of the
    offshore areas and 95 percent of the potentially productive oil
    and mineral areas will be available for exploration or for
    drilling in Alaska.''
        Today that promise has effectively been turned on its head.
    It seems like 100 percent of our offshore areas are effectively
    closed and only about five percent of our onshore areas are
    actually open. That cannot be allowed to stand, and my
    legislation is a way to change that course.
        The economic development package would also resolve a
    difficult situation that has emerged in Southeastern Alaska.
    The Alaska Mental Health Trust was constitutionally established
    with the responsibility to use its lands to raise revenues to
    provide care for the most vulnerable across our state and that
    includes resources through timber. The Trust has announced that
    it will hold two timber sales on the lands that it holds near
    Ketchikan and Petersburg where logging is widely opposed, and
    the Trust basically says it does not have any other choice
    here.
        While the Trust might not have a choice, we do, in the form
    of language to expedite a land exchange that the Trust and the
    Forest Service have already agreed to in concept. There has
    been an agreement to initiate that was executed last year, and
    its assumption is in the proposed Tongass Land Management Plan.
    This is our chance to reach an agreement to help the Trust,
    help our small timber industries and address the concerns of
    the residents in these communities. If the Administration is
    serious about a successful transition to young growth, my bill
    will help ensure it.
        Finally one of the main topics of today's hearing will be
    monument designations, an area where the Administration has
    repeatedly pushed its authority. It seems like we are reading
    about a new designation almost every week. That is probably an
    exaggeration, but it just seems like that.
        The Antiquities Act was a response to an existential threat
    that Congress could not respond to in a timely manner, the
    theft of and from archeological sites. That is why designations
    under it were supposed to cover the smallest area possible, not
    the largest.
        Now not all presidents have found it necessary to call upon
    this authority, although presidents from both parties have done
    so and some have used their authority to diminish the size of a
    previous designation. But in this Administration the
    Antiquities Act has been wielded as a tool to both sidestep and
    threaten Congress.
        What needs to be recognized is that monument designations
    have an impact on local communities. What needs to be
    recognized is that public comments cannot only come from
    supportive organizations. We need to rethink and reform how
    monument designations can be made and that is why I have
    introduced the legislation entitled the ``Improve National
    Monument Designation Process Act'' which requires both local
    consultation and congressional approval.
        While we may hear other perspectives here today, I am proud
    to speak on behalf of the vast majority of Alaskans when I say
    these bills are critical to our economy and to our future. They
    will protect us from natural hazards, open up new economic
    opportunities, restore balance between Congress and the
    Executive Branch and also honor our military heroes.
        I have already received about 70 statements for the record,
    and I would ask that they be included as part of the Committee
    hearing record today.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. With that, I will turn to Ranking Member
    Cantwell for your comments and then we will turn to our
    colleagues.
        Thank you.

                   STATEMENT OF HON. MARIA CANTWELL,
                      U.S. SENATOR FROM WASHINGTON

        Senator Cantwell. Thank you, Madam Chair.
        I know we have a lengthy agenda today including several
    proposals that have been the subject of intense debate for many
    years, but we also have 21 bills on the agenda that are much
    less controversial. I hope we will be able to work with our
    colleagues to try to find ways to move forward on these
    proposals.
        So I would like to discuss a few of these bills.
        First of all, thank you for including S. 2991, a bill
    Senator Murray and I introduced, which would protect the
    headwaters of the Methow River in the North Cascades region of
    our state withdrawing national forest lands from mining.
        I am proud to have worked with Senator Murray to protect
    the headwaters of the Methow Valley. Governor Inslee, tribes,
    local elected officials, business owners and residents are all
    on the same page in wanting to protect this area. Our bill
    would withdraw from future mining, subject to valid existing
    rights, 340,000 acres of National Forest lands that are prime
    habitat for salmon, spotted owl, lynx and grizzly bear.
        This bill is about two things: clean water and keeping an
    amazing place the way it is.
        Federal, state, local and private investments have funded
    $100 million of salmon recovery and other fish and wildlife
    restoration in the Methow Valley. So no one wants to put that
    investment at risk. A copper mine that has been proposed near
    the town of Mazama would jeopardize that.
        More than a million tourists come to the Valley every year
    and contribute $150 million to the local economy. That, by a
    mine, would also be jeopardized. So, it would threaten the
    identity of the Valley.
        This area has had lots of discussion over the last 40 years
    about its future. It turned down the idea of being a
    destination ski resort just so the rural nature of the area
    could continue.
        Since then the Valley has been working on being just a
    mecca for outdoor recreation, including Nordic skiing,
    climbing, hunting, backpacking. This is not a place to develop
    a copper mine, and yet it is also a stark reminder that the
    Mining Law of 1872 is widely outdated.
        While this bill would permanently withdraw the Methow
    headwaters from mining, the Forest Service and Department of
    Interior have administrative authority to temporarily withdraw
    this land while the bill is being considered. I strongly urge
    the agencies to use their authority to protect these headwaters
    and this particular area.
        A handful of the bills on the agenda today are
    controversial. For the record, I strongly oppose anything that
    would prohibit or restrict the President's ability to designate
    national monuments using the Antiquities Act. Similarly, I have
    fought for many years to protect the Arctic National Wildlife
    Refuge, the Tongass National Forest, and other important
    conservation lands in Alaska which are important to all
    Americans.
        I would like to focus on a couple areas of bipartisan
    support. I strongly support a bill that I have co-sponsored and
    the Chair mentioned, the National Volcano Early Warning and
    Monitoring System, to help warn the public against avoidable
    harm from volcanic activity.
        I know some of our colleagues, Madam Chair, might think
    that this is something just distant and far away, but I
    guarantee you, since these volcanoes are all up and down the
    West Coast of the Pacific Northwest, it so impacts us. Not
    having information that detects whether they are causing or
    could cause immediate impact--we need the science to help guide
    us here. Having the information is so critical. This is a very
    important part for Alaska and Washington. We look forward to
    working together.
        Many of our colleagues have bills on the agenda that
    reflect important priorities for their state, so I look forward
    to working with you and our colleagues to find areas of
    agreement on these important legislative bills.
        Since we have so many of them on the agenda, I am going to
    end my remarks there and thank you again for the hearing.
        The Chairman. Thank you, Senator Cantwell.
        We have two Senate colleagues that will constitute the
    first panel. The Minority Leader, Senator Reid, will be here to
    testify and speak to one of the matters that is on the docket
    today. We also have my friend and colleague, the Senator from
    Alaska. Senator Sullivan, if you would like to proceed with
    your comments and then when Senator Reid comes in we will hear
    from him.

                    STATEMENT OF HON. DAN SULLIVAN,
                       A U.S. SENATOR FROM ALASKA

        Senator Sullivan. Thank you, Madam Chair.
        Good morning everybody. Ranking Member Cantwell, my
    colleagues and friends on the Committee, thank you for allowing
    me the opportunity to discuss several bills which are
    critically important to Alaska's future.
        I want to begin, as Madam Chair, you did, by underscoring
    the bravery of the members of the Second Infantry Division and
    urge support of its Memorial Modification Act.
        The Alaska-specific bills on today's agenda, the Alaska
    Economic Development and Access to Resources Act or the King
    Cove Land Exchange Act and the Alaska Native Claims Settlement
    Improvement Act all hold monumental importance to Alaska's
    communities and the future of our great state.
        Madam Chair, I am going to re-emphasize a number of the
    points you made in your opening statement. I also want to
    acknowledge your leadership on so many of these issues for our
    state and our country. It has been so important having you in
    the Chair.
        I want to start by talking about the King Cove Road, as you
    did. As you know, Congress, and specifically this Committee,
    previously passed legislation authorizing a lifesaving,
    emergency access road for the people of King Cove, Alaska. Yet,
    due to a callous decision made on Christmas Eve by the
    Secretary of Interior, Sally Jewell, these Americans have been
    denied reliable, lifesaving access to medical care, something
    that most other Americans take for granted.
        Since Secretary Jewell's decision in 2013, as you mentioned
    Madam Chair, there have been 52 life flight evacuations, most
    recently last week when an expectant mother experienced
    complications. Of these, 17 have been conducted by the brave
    men and women of the U.S. Coast Guard.
        This road has been needed for decades. It was needed in
    2009 when Congress first provided authorization, it was needed
    in 2013 when Secretary Jewell turned her back on the people of
    King Cove, and it is needed today. I strongly urge the
    Committee to act on this.
        As this Committee knows, Alaska is a very resource-rich
    state. Indeed if it were its own country, we would rank in the
    top ten of many of the most important minerals in the world. We
    have a proud tradition of responsible resource development
    while upholding the most rigorous environmental standards.
        Unfortunately, some areas of my state also have some of the
    highest costs of energy and some of the highest rates of
    poverty in the country. Among the promises of Alaska statehood
    was the agreement that Alaska could support itself through
    responsible resource development while also helping meet the
    country's energy needs. Today the Federal Government's
    restrictive land use policies and layer upon layer of
    burdensome regulations have broken this promise. These bills
    today start to turn this around.
        The Alaska Economic Development and Access to Resources Act
    would jump start Alaska's economy and touch every corner of the
    state by increasing opportunities for responsible resource
    development of our abundant resources.
        Over the August work period, like many of you, like all of
    you, I traveled back home and I was in Southeast Alaska and saw
    first-hand the importance of one provision of this bill that
    you already spoke to, Madam Chair. That is the land exchange
    for the Mental Health Trust Authority.
        Now it is important to recognize the Mental Health Trust,
    which was established in our constitution, serves a population
    of Alaska's most vulnerable citizens, those with disabilities,
    and the land exchange in this bill is critical towards
    achieving the responsibilities towards these citizens in the
    most environmentally sensitive way. This bill would help the
    country and it would also help some of Alaska's most remarkable
    and courageous citizens.
        Since the Alaska Native Claims Settlement Act (ANCSA)
    passage in 1971, it has been amended many times. In this
    legislation, S. 3273, is a combination of many small efforts
    that aim to resolve many local issues, some of which have been
    around since the passage of ANCSA. This collection of
    provisions does not represent monumental issues for Congress
    but are life changing for the citizens and many small Alaskan
    Native communities that are affected by this bill.
        Finally, Madam Chair, I would like to just mention one
    other provision that is very important in this bill, which I
    care deeply about and I know members of this Committee do as
    well. This is a resolution for Alaska Native Vietnam-era
    Veterans who missed the opportunity to apply for a Native
    allotment. Now, the Alaska Allotment Act of 1906 enabled every
    Alaska Native to apply for an allotment, 160 acres. ANCSA
    extinguished that opportunity in 1971. But many of these Alaska
    Natives were serving in the military in 1971, some in Vietnam,
    some in other places and they missed the deadline.
        So all this bill is trying to do is to give people who were
    serving their country at a time when, let's face it, a lot of
    Americans were avoiding serving their country, the opportunity
    to finally apply for the Native allotment that was rightfully
    theirs. I believe that just in terms of pure fairness, taking
    care of our veterans, that this is a critical, critical
    provision that, hopefully, every member of this Committee and
    every member of Congress can agree on.
        Thank you again for the opportunity to speak to these
    important bills.
        The Chairman. Thank you, Senator Sullivan. We appreciate
    your support and your leadership in these areas for our state.
        I know that members of the Committee also have bills on the
    calendar today that you would like to speak briefly to. As we
    await Senator Reid I am happy to give you a moment to speak to
    them, if you would so desire.
        Senator Manchin, you indicated a desire to speak?

                  STATEMENT OF HON. JOE MANCHIN III,
                   A U.S. SENATOR FROM WEST VIRGINIA

        Senator Manchin. Yes, I do and I am happy to have my
    colleague also with me, Senator Capito, because we are both
    very much concerned about our national heritage area, which is
    the Appalachian Forest.
        My statement is in support of Senate bill 3167 which is on
    the agenda. I appreciate, Madam Chairman, your putting that on
    there and making it part of the agenda. I want to thank you for
    holding the hearing and including Senate bill 3167, the
    Appalachian Forest National Heritage Area Act of 2016.
        I would also like to thank the distinguished witnesses for
    joining us today. We appreciate their expertise and perspective
    on these issues.
        I am here to discuss Senate bill 3167, which is the
    Appalachian Forest National Heritage Act of 2016, which I was
    pleased to introduce with my good friends, Senators Capito,
    Mikulski, Cardin and our Chairman. This bipartisan legislation
    designates 18 counties in the Central Appalachian Mountains of
    West Virginia and Maryland as a national heritage area, which,
    taken as a whole, possess cultural, natural and historical
    resources that form a cohesive and nationally distinctive
    landscape.
        In an effort to conserve the distinctive cultural, natural
    and historical features of this area, the Appalachian Forest
    National Heritage Act will designate a new national heritage
    area which will provide a cooperative framework to increase
    collaboration between the Federal Government, states and the
    local governments of these 18 counties. The national heritage
    area will ensure the area is protected for the enjoyment of
    future generations, promote the area for tourism and highlight
    its historical value.
        The historical value of this area reflects the
    contributions of West Virginia and Maryland's timber harvesting
    industry which helped fuel industrial growth in the late 19th
    and 20th century. The area also includes numerous historical
    and cultural sites such as the Cass Scenic Railroad State Park,
    five national historical landmarks, segments of four national
    scenic byways and one all American road as well as a nationally
    significant natural, physical resources. This designation will
    also provide positive economic development in the area.
        There are currently 49 national heritage areas, two of
    which are located in West Virginia--the Coal Heritage Area and
    the Wheeling Heritage Area. An example of the positive economic
    impacts that a national heritage area designation can bring,
    the Wheeling National Heritage Area generates an annual $56.7
    million in economic impacts, supports 784 jobs and generates
    $3.8 million in annual taxes.
        I would like to submit the rest of my remarks for the
    record, Madam Chairman.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Manchin. But this is very, very, very important for
    our two states of West Virginia and Maryland. All of our
    delegation is in support and it is a tremendous economic
    opportunity. This is one time when we have everybody from our
    environmentalists, to our naturalists, to our basically,
    hunters and fishermen, all of our sporting clubs, in agreement
    this is something that would be well worth it and much needed.
        So, I want to thank you for the opportunity to speak on
    this.
        The Chairman. Thank you, Senator Manchin, we appreciate the
    coalition building that goes on ahead of time.
        Let's turn to Senator Capito, then we will go to Senator
    Heinrich and Senator Daines.
        Senator Capito.
        Senator Capito. Well, thank you and I don't want to keep
    our witness waiting so I will be very, very--should we go
    first?
        The Chairman. I am sorry. I failed to see. [Laughter.]
        Senator Reid has arrived.
        Senator Reid, welcome to the Committee. [Laughter.]
        We are honored to have you before the Committee this
    morning and would welcome your statement on the bill before the
    Committee.

                     STATEMENT OF HON. HARRY REID,
                       A U.S. SENATOR FROM NEVADA

        Senator Reid. I appreciate very much your arranging for and
    allowing me to speak. I am sorry I am late, but I had a little
    work to do on the Floor when we opened the Senate.
        I appreciate all the work that the two of you do to lead
    this Committee. It is an extremely important Committee.
        Nevada is different than most people think. Nevada is more
    than the bright lights of Las Vegas. It is a stunningly
    beautiful state and, except for Alaska, one of the most
    mountainous states in the Union. People don't realize that.
        We have 314 separate mountain ranges. We have 32 mountains
    over 11,000 feet high. We have one mountain that is 14,000 feet
    high. We have about four million acres of wilderness. So it is
    really a beautiful state, and the legislation that Senator
    Heller and I have worked on in this regard is also as part of
    the beauty of Nevada.
        In the large state of Nevada, we have very few counties.
    You know, it is hard to believe that I hear, I don't know, for
    example, West Virginia has how many counties do you have, Joe?
        Senator Manchin. 55.
        Senator Reid. How many?
        Senator Manchin. 55. [Laughter.]
        Senator Reid. We have just a handful of counties. We have
    one county that is quite large in area that has less than a
    thousand people in it.
        So anyway, Nevada is a unique place and it is an extremely
    beautiful place.
        Pershing County is 6,000 square miles. We have one person
    living in that area per square mile. It is a sparsely populated
    county but it is rich with all kinds of beautiful things, a lot
    of minerals. Mining has taken place there for well more than a
    century.
        We have historic wonders, snowcapped mountains. Mount Limbo
    Wilderness Area overlooks the dry lake bed of Lake Winnemucca
    which was, at one time, a desert terminus lake, and it has
    dried up mainly because of what we have done, the Bureau of
    Reclamation, over the years. That is all history behind us, but
    that's the reason Lake Winnemucca is dry.
        The areas that we are talking about here today are the home
    of some of the oldest petroglyphs found in all of North
    America, dating back 10,000 years. It is just a stunningly
    beautiful place, and I want everyone to know how important it
    is for Nevada.
        I can remember, I will be real quick here, I know you have
    a lot to do. But I went from being the most popular person in
    the world in Nevada, I am from rural Nevada, to the most
    unpopular. It did not take long. I supported wilderness. Now
    that I have gotten most of that done, wilderness has now become
    a big selling point in Nevada. So people who are afraid of
    wilderness should not be.
        In Elko County I created a lot of wilderness. I helped
    create it, I should say. And oh, we got so much opposition. Now
    they advertise because of the wilderness. We have a Heli-skier
    there. And they come, people come from all over the world to
    ski in Elko County. Why? Because they are advertising skiing
    through wilderness that I helped create.
        So, wilderness is important for the economy of any state,
    and with a sparsely populated area like Pershing County, it is
    also popular. And it doesn't affect hunting. It doesn't affect
    fishing. It just is a wonderful thing to preserve that land for
    my children, my children's children and for generations to
    come. Preserve it in its pristine state.
        In Nevada we still have many areas that are pristine. They
    are untouched. And that is what this is all about. So I
    appreciate it very much.
        Just one quick thing because Neil Kornze, he used to work
    for me, is now head of the BLM. He said, would you please
    mention if you ever appear before the Committee, H.R. 3844,
    which is the BLM Foundation Act. So whenever this comes up I
    know you will schedule it here at some point in time. Consider
    this my testimony for that bill, okay? [Laughter.]
        The Chairman. Thank you.
        Senator Reid. So if you will leave me alone with no
    difficult cross examination, I will take leave.
        The Chairman. We thank you for coming before the Committee.
        Senator Cantwell.
        Senator Cantwell. Well, I just would be remiss if I did not
    use this opportunity to thank you, Senator Reid, for your
    Annual Energy Conference that you hold in Nevada every year. I
    know that conference is a place where many people come to
    discuss the future of energy policy, and Nevada has definitely
    been at the forefront of some of these policies. So thank you
    for your leadership in having those discussions.
        Senator Reid. Senator Cantwell, thank you.
        You know, as a result of those hearings that started a long
    time ago, we now have, in Nevada, you can't believe how much
    solar energy. At one place driving from Railroad Pass to my
    property on Searchlight, you can drive for three and a half
    miles and all you see are solar panels.
        It looks like a big lake, but it's not. They are solar
    panels. Millions and millions of them are there. So thank you
    very much.
        The one thing I didn't mention and I should. We just
    completed, just less than a month ago, my 20th annual Summit on
    Lake Tahoe. It is because of the work done, principally by this
    Committee and others, but this Committee, we have brought to
    Lake Tahoe which we share with the State of California and the
    beautiful, beautiful, unique lake. There is only one other lake
    like it in the world and that is in Siberia, Lake Baikal. Lake
    Tahoe is so beautiful, and we have been able to bring more than
    $2 billion to that basin during the last 20 years to preserve
    that lake.
        The last event we had, Dianne Feinstein said, why are you
    doing this? I said, ``Listen Dianne, it is my last summit and I
    am going to do it my way.'' So what we did, we did the usual.
    People testified a little bit and we had 8,000 people there,
    8,000 people. Why? Because I brought on The Killers, Nevada's
    rock group, and we educated those people who had never heard of
    Lake Tahoe and certainly not all the issues dealing with the
    environment. They were forced to come because we did the
    program before The Killers came on.
        So anyway, we had a great time. President Obama was there.
    I just didn't want to leave here without mentioning what a
    treasure we share with California, Lake Tahoe.
        The Chairman. Thank you, Senator Reid, we appreciate you
    being before the Committee.
        Senator Manchin. If I may ask the Senator one question?
        Senator, this legislation has no opposition. I don't see
    anybody opposing it whatsoever. I don't know why we haven't----
        Senator Reid. So get to work on it.
        Senator Manchin. What?
        Senator Reid. Get to work on it. Report it out. [Laughter.]
        Senator Manchin. But have you had any opposition back home
    on it?
        Senator Reid. No, no.
        Senator Manchin. All you are doing is exchanging, aren't
    you?
        Senator Reid. Joe, wilderness now, I am sorry, I'll be more
    formal, Senator Manchin. [Laughter.]
        Opposition now to wilderness in Nevada just is almost
    nonexistent. There are some people who oppose President Obama
    doing things under the Antiquities Act, but he has only done
    one thing there. I hope he is going to do one other. But other
    than that, wilderness is something----
        Senator Manchin. I am saying your outdoorsmen seem to be
    working with you on that because they are, still have habitat.
    They are still able to use the land, hunt and fish, everything.
        Senator Reid. You bet. You indicated really how it is.
    Everyone has come to accept that we need to preserve these
    properties. It's just wonderful.
        Now, also, Joe, Senator Manchin, we have this going for us.
    Eighty-six percent of the State of Nevada is owned by the
    Federal Government. There is no other state like it. New Mexico
    has quite a bit. You don't match us.
        Arizona has quite a bit, but, you know, no one comes close
    to 86 percent of the state is Federal Government. We have given
    plenty to the Federal Government. More than 40 percent of the
    State of Nevada is restricted airspace. You cannot fly over in
    a civilian airplane. It is all military.
        Then, you know, we have had the above ground nuclear test,
    underground nuclear test. We have two of the finest, wait, not
    two of the finest, we have the finest training facilities for
    fighter trainers for the Air Force and the Navy in Nevada. One
    is in Las Vegas, well, outside of Las Vegas. The other is near
    Fallon, Nevada, where Senator Heinrich was born. If you want to
    land on a carrier air craft anymore in the United States Navy,
    you learn to do it in Fallon.
        Senator Manchin. I'll be darned.
        Senator Reid. There is not, there isn't a puddle of water
    there in many, many months. [Laughter.]
        Okay.
        Senator Manchin. Thank you.
        Senator Heinrich. There are a couple of irrigation ditches.
    [Laughter.]
        Senator Reid. Yeah, but they are little puddles.
        The Chairman. Thank you, Senator Reid. We will make sure
    that all this is part of the record because this is certainly
    going to enhance the tourism opportunities in your fine state.
        So----
        Senator Reid. Thank you, Senator.
        The Chairman. We are happy to have you here.
        With that, let's turn to Senator Capito for your comments
    and then Senator Heinrich and then we will move to our second
    panel with our Administration witnesses.
        Senator Capito.

                STATEMENT OF HON. SHELLEY MOORE CAPITO,
                   A U.S. SENATOR FROM WEST VIRGINIA

        Senator Capito. Thank you, Madam Chair. I want to thank the
    Ranking Member too for bringing forth these bills.
        I just briefly wanted to comment and join my fellow
    Senator, Senator Manchin, to talk about the importance to us to
    have the Appalachian Forest National Heritage Act of 2016.
        I have enjoyed the Committee, but what I really enjoy about
    the Committee is that we all get to talk about the relative
    beauty and great things about all of our individual states and
    particularly when we look at the more wilder and more beautiful
    parts of our state, like Senator Reid was talking about his
    state.
        So I am really pleased that this is coming forward on the
    first day of Fall, I believe, because in this region, the
    Appalachian Forest National Heritage region, you will see some
    of the most beautiful leaves as we move through the Fall. It is
    quite a tourism event for our state.
        We have a vast and unique landscape. We get tens of
    thousands of visitors, many from the Washington, DC area. And
    we have just moved in a little bit further so we are making it
    easier for you to really see our beautiful state and do our
    skiing. But this heritage area really gives us a chance to
    highlight the many years, decades, of both Appalachian heritage
    and in the timbering industry.
        We know that West Virginia has been under immense strain. I
    have talked about that in this Committee and other Committees.
    I think things like this, like this Act, will help us enhance
    and multiply the dollars for our tourism and help us transition
    into other areas of economic development which I have really
    spent the several years I have been in the Senate trying to do.
        So, we have got hard work at the Appalachian Forest
    Heritage, the folks who are there now. We have had 35
    AmeriCorps members that have logged 65,000 hours in their local
    communities. And it has proved already over 1,700 acres of
    public land.
        Senator Manchin mentioned that this spans mostly in West
    Virginia but does go into Maryland, and the two Maryland
    Senators are very much in favor of this.
        So again, I would like to commend Senator Manchin for
    offering this and thank the Chair for bringing this forward and
    invite everybody who is listening and who is watching on this
    first day of Fall, to come into that Appalachian Heritage and
    see the beautiful parts of West Virginia. You won't regret it.
        Thank you.
        Senator Manchin: There might be some leaf peepers around
    here, huh?
        Senator Capito. Yeah, leaf peepers. [Laughter.]
        Senator Manchin. That is what we call them.
        The Chairman. Thank you, Senator Capito.
        Senator Capito. Additionally, I would like to say to the
    Chairman, please. The King Cove Land Exchange Act, I am so for
    it, I know more about it than some of the things in my state.
    [Laughter.]
        So, I hope today brings good news for that.
        The Chairman. Thank you. Thank you for listening and for
    your support.
        Senator Heinrich, it is now your turn to extol the virtues
    of New Mexico.

                  STATEMENT OF HON. MARTIN HEINRICH,
                      U.S. SENATOR FROM NEW MEXICO

        Senator Heinrich. I will be happy to do that.
        I want to thank the Committee for considering several bills
    of interest to my constituents in New Mexico today on the
    agenda.
        First I want to talk a little bit, maybe we can swap this
    out real quick with the other photo, but I want to talk a
    little bit about the San Juan County Settlement Implementation
    Act.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Heinrich. This bill would finally resolve a number
    of, literally decades long, public land and resource issues in
    Northwestern New Mexico; it would bring to a close decades of
    litigation over mineral leases; it would allow the Navajo
    Nation to receive its final settlement acts pursuant to a legal
    settlement dating back to 1974; and, it would permanently
    protect unique geologic, paleontological and cultural resources
    in the Ah-Shi-Sle-Pah area managed by the Bureau of Land
    Management.
        I also want to speak momentarily about another bill, the
    Organ Mountains-Desert Peaks Conservation Act, that would
    complete the community proposal for the region included in the
    2014 designation of the Organ Mountains Desert Peaks National
    Monument.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

         Senator Heinrich. This monument has been an incredible
    economic and community success for Dona Ana County in the two
    years since its designation but only Congress can complete the
    original community vision for this area by improving
    operational flexibility for Customs and Border Patrol by
    protecting the important missions at nearby Fort Bliss from
    encroachment by incompatible development and by designating
    wilderness in the monument's back country.
        Lastly, I want to mention that Senator Flake and I recently
    introduced legislation to improve the process for land
    exchanges between state trust lands in western states and
    federal public land management agencies. Our bill would address
    the checkerboard land ownership pattern that is all too common
    all across the intermountain west by exchanging state land
    inholdings within federal conservation areas, parks, and
    wilderness areas for lands of equal value that are more likely
    to produce revenue for the schools and hospitals that benefit
    from development of state trust lands.
        All three of these measures would improve public land
    management in New Mexico, and I thank the Committee for their
    consideration.
        Thank you, Madam Chair.
        The Chairman. Thank you, Senator Heinrich.
        I know Senator Daines was interested in speaking, but we
    are it for right now. So let's move to our second panel so we
    have an opportunity to hear from our agency witnesses.
        Senator Gardner, we had just given members an opportunity
    to make comments about any of the bills that they have
    introduced. Since you are here and we have not yet seated the
    second panel, I will extend the same courtesy to you if you
    would like or if you want to include that as part of your
    questioning. It is your preference.

                    STATEMENT OF HON. CORY GARDNER,
                      A U.S. SENATOR FROM COLORADO

        Senator Gardner. Well, I will just be quick in terms of the
    hearing. Thank you, Chairman, for having this hearing today and
    including 3312, the Disposal Reauthorization Act, which is a
    riveting title for a very important issue in Colorado.
        Grand Junction, Colorado, of course, the Western Slope, has
    a long history of uranium and at one point even paved the
    streets of Grand Junction with uranium mine tailings because
    they were proud of the work of being the atomic city. Of
    course, over the years, we have learned that that probably was
    not the best thing to do and as a result have had decades worth
    of clean ups and programs to make sure that we are restoring
    the work that they did from decades ago. So, undoing the
    restoration of that work.
        So, thank you, Madam Chair, for holding this hearing and
    including this bill.
        The Chairman. Great. Thank you.
        Gentlemen, if you would like to join the Committee. We
    appreciate you being here and your patience this morning,
    gentlemen, gentleman and lady.
        We are pleased this morning to have Mr. Neil Kornze, who is
    the Director of the Bureau of Land Management. We are also
    joined by Ms. Leslie Weldon, who is the Deputy Chief of the
    U.S. Forest Service.
        Normally, we would invite additional stakeholders to
    testify but there was a lot of uncertainty as to whether or not
    we were even going to be able to have this hearing this week,
    whether we were going to be in session. Recognizing that we
    were looking to bring, perhaps, witnesses from as far away as
    King Cove or from Juneau, it did not seem fair or right to ask
    them to come and then not be able to have some certainty with
    the timing of the hearing.
        So we have our witnesses here from the BLM and from the
    Forest Service. The Department of Energy will also be
    submitting a written statement about the bill within its
    jurisdiction which is S. 3312. So, that will also be part of
    the record.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. With that, if you would like to proceed, Mr.
    Kornze, we will hear your statement.

        STATEMENT OF HON. NEIL KORNZE, DIRECTOR, BUREAU OF LAND
              MANAGEMENT, U.S. DEPARTMENT OF THE INTERIOR

        Mr. Kornze. Wonderful.
        Good morning, Chairman Murkowski, Ranking Member Cantwell,
    rest of the Committee. It's a pleasure to be with you.
        I'll begin briefly by summarizing the written statements
    concerning the 13 bills on today's agenda that relate to the
    Bureau of Land Management (BLM).
        S. 346, the Oregon Withdrawal, withdraws 101,000 acres of
    federal land in Southwest Oregon from public land mining and
    mineral leasing laws. The Department supports S. 346 which will
    protect important habitat and resources unique to this region.
        S. 2681, San Juan County, and S. 3049, Oregon Mountains,
    the Department appreciates the hard work of the Senators from
    New Mexico on both of these bills. S. 2681 allows for the
    exchange of certain federal coal leases, authorizes the
    substitution of Navajo Nation land selections and designates
    two wilderness areas in Northern New Mexico. S. 3049 designates
    eight wilderness areas within the Oregon Mountains Desert Peaks
    National Monument and includes direction for future management
    of additional public land in Dona Ana County. The Department
    supports the goals of both of these bills and would like to
    work with the sponsors on some modifications.
        S. 3102, Pershing County, Nevada, proposes an innovative
    way to consolidate checkerboard lands and designates 136,000
    acres of wilderness in Pershing County which we heard a lot
    about this morning. We largely support the goals of S. 3102 and
    welcome the opportunity to work on some modifications to the
    bill.
        S. 2380, the Recreation Public Purposes Act Commercial
    Recreation Concessions Pilot Bill. This bill would amend what
    we call the RMPP Act to allow the commercial uses on lands that
    are leased or acquired through the RMPP law. The Department
    strongly opposes this bill because it undermines the public
    purpose mandate of the original RMPP Act and conflicts directly
    with the BLM's responsibility to obtain fair market value for
    the use of public lands.
        S. 3203, the Alaska Economic Development Access to
    Resources Act, would increase federal oil and gas production
    requirements in the State of Alaska. It would lift the
    prohibition of oil and gas leasing and production in the Arctic
    National Wildlife Refuge (ANWR) and includes numerous other
    provisions related to the Department of the Interior and some
    to agriculture, I believe. The Department opposes S. 3203.
        S. 3273, the ANCSA Improvement Act, amends the Alaska
    Native Claims Settlement Act and other laws concerning numerous
    Alaska Native Corporations and issues. The bill affects
    resources managed by several Interior and Ag agencies. We
    appreciate the efforts of the sponsors in developing this
    legislation. Many of the matters are very complex, and we look
    forward to working with them on addressing the issues outlined
    in our written testimony.
        H.R. 1838, Clear Creek, establishes the Clear Creek
    National Recreation Area in San Benito and Fresno Counties,
    California. The Department does not support this designation as
    currently written due to serious public health concerns. The
    Department, however, supports the bill's separate designation
    of the Joaquin Rocks Wilderness.
        S. 3316, the ACE Act, provides a new approach for
    consolidating state lands that are scattered across 13 Western
    states. The Act allows states to relinquish inholdings within
    federally-designated conservation units and in return acquire
    other BLM-managed properties. The Department endorses this
    concept and would like to work with the sponsors on some
    important amendments.
        H.R. 2009, Pascua Yaqui, involves three small parcels of
    public land in Tucson, Arizona. The Department supports this
    bill.
        The Antiquities Act bills, there are three of them. They
    each amend the Antiquities Act of 1906. The Administration
    strongly opposes these three bills because they would severely
    limit the President's authority to protect the nation's
    resources for the American public.
        The Antiquities Act has been used by presidents of both
    parties for over 100 years to preserve critical natural,
    historic and scientific treasures on public lands. Moreover,
    nearly half of the nation's national parks, including the Grand
    Canyon, Zion Arches and Olympic National Park were initially
    protected as national monuments.
        In addition to these BLM-related bills, the Department of
    the Interior also has submitted statements for the record on
    four bills that fall under the jurisdiction of other
    departmental bureaus. I will quickly go through those.
        The Department strongly opposes the King Cove Land Exchange
    Act. It does not support S. 3315, the Second Division Memorial
    Act. The Department does support S. 2056, the National Volcano
    Early Warning and Monitoring System Act, and S. 3167, which
    establishes the Appalachian Forest National Heritage Area.
        We appreciate the inclusion of all of the DOI statements in
    the hearing record.
        Finally, Chairman, I would like to note that in early July
    the House passed H.R. 3844, the BLM Foundation Act. The
    establishment of the BLM Foundation is an important
    Administration initiative and will help us facilitate critical
    work from the clean-up of legacy wells in places like Alaska to
    the management of wild horses and burros which span many of the
    states represented by members here.
        We hope that the BLM Foundation will be among the
    priorities that this Committee moves forward in the weeks
    ahead.
        Thank you for the opportunity to testify and I will be
    happy to answer any questions you might have.
        [The prepared statement of Mr. Kornze follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Mr. Kornze.
        Next, we will turn to Ms. Weldon. Thank you for joining us
    this morning.

       STATEMENT OF LESLIE WELDON, DEPUTY CHIEF, NATIONAL FOREST
      SYSTEM, U.S. FOREST SERVICE, U.S. DEPARTMENT OF AGRICULTURE

        Ms. Weldon. Thank you very much, Madam Chair and members of
    the Committee, for the opportunity to discuss six bills that
    are before the Committee that relate to the Forest Service. In
    my opening statement today I'd like to briefly address each of
    the six bills, and my written testimony contains more extensive
    comments and background information.
        Beginning with S. 364, the Southwest Oregon Watershed and
    Salmon Protection Act. This bill would permanently withdraw
    95,000 acres in the Smith River, Illinois River and Rogue River
    watersheds within the Rogue River-Siskiyou National Forest from
    new mining claims, mineral leasing and geothermal leasing.
    These lands have exceptionally high conservation values and the
    Department supports this bill and the Forest Service has been
    working with the BLM on administrative withdrawal in aid of the
    legislation.
        With S. 2991, the Methow Headwaters Protection Act, this
    bill proposes to withdraw over 340,000 acres of the Okanogan-
    Wenatchee National Forest from all forms of mineral
    development. The Department supports S. 2291 and believes
    mineral withdrawal is the best path forward towards upholding
    the tribal, traditional, spiritual and recreational values as
    well as the significant economic benefits of the Methow Valley
    to surrounding communities.
        With S. 3192, the Alex Diekmann Peak Designation Act, this
    bill would name a currently unnamed mountain for
    conservationist Alex Diekmann in the Beaverhead National
    Forest. The Department supports this bill and this recognition
    acknowledgement.
        I'd like now to discuss the two Alaska-related bills, S.
    3203, the Alaska Economic Development and Access to Resources
    Act, and S. 3273, the Alaska Native Claims Settlement
    Improvement Act.
        Both bills involve the Department of Interior so you've
    heard the comments related to those issues. I'd like to
    specifically address Title V, including sections exempting
    Alaska from the roadless rule and proposed land exchanges
    between the Tongass National Forest and the Mental Health Trust
    and directing the Forest Service to convey up to two million
    acres of Alaska State land for the use as a state forest.
        The Administration opposes the exemption of Alaska from the
    roadless rule. Application of the rule as ruled to national
    forests has not hindered approval of appropriate access and the
    forests in Alaska have requested and received approval for
    approximately 46 projects within the inventoried roadless area
    since 2011, including hydroelectric projects.
        Section 502 directs the Forest Service to conduct a land
    exchange with the Alaska Mental Health Trust. The Department
    supports the goal of this legislation and has worked diligently
    and very effectively with the executives of the Alaska Mental
    Health Trust Authority to refine technical details of the
    exchange, and we hope that this work will be considered as the
    legislation continues to develop.
        Section 503 directs the Forest Service to convey up to two
    million acres of the Tongass National Forest to the State of
    Alaska for use as a state forest. The Department opposes this
    section of the bill because conversion of these lands to state
    forest jeopardizes the values and benefits provided to Alaska
    by the multiple use mandate of the Forest Service. The Tongass
    National Forest is a major economic driver and contributes to a
    robust diversity of opportunities and jobs including 4,000 jobs
    resulting from the fisheries industry in 2014 as well as
    supports and enhances an over $1 billion in visitor spending to
    Alaska's tourism industry.
        To briefly discuss two sections of 3273. Section V
    addresses consideration received by Shee Atika Incorporated for
    the purchase of Cube Cove land by the Forest Service. The
    Department does not have concerns with this section of the
    bill. Section VI directs the exchange of subsurface estate
    owned by Sealaska Corporation at Cube Cove on Admiralty Island
    for a mixture of subsurface and surface acres, surface estate,
    within the Tongass Forest. Although the Department agrees with
    the goals of this legislation, we believe this exchange should
    be completed using an equal value exchange following existing
    regulations and policies. The Department does--would like to
    continue to pursue resolution of the split estate land interest
    with Sealaska Corporation using our administrative processes.
        Lastly, on 3254, the Spearfish Canyon and Bismarck Lake
    Land Exchange Act, this bill proposes to exchange national
    forest system land for land owned by the State of South Dakota.
    The Department opposes this bill as it contains provisions that
    raise concerns and existing authority already exist for the
    Forest Service to exchange lands within the state.
        Thank you for the opportunity and would be happy to answer
    any questions.
        [The prepared statement of Ms. Weldon follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        The Chairman. Thank you, Ms. Weldon.
        We will now begin with questions for our second panel.
        Ms. Weldon, let me begin with you and this relates to the
    provision within the Alaska Economic Development Access to
    Resources Act relating to the Alaska Mental Health Trust
    Exchange with Forest Service.
        You have indicated that you support the goal of the
    legislation which we appreciate. You will recall that I sent a
    letter to Secretary Vilsack back in November of 2013, some time
    ago. At that time there was discussion about how we can move
    forward with an exchange and it involved various stakeholders
    supported by the Tongass Futures Roundtable. In his response
    back to me, the Secretary said that this was something we need
    to properly and promptly consider.
        This was something that was proposed back in 2007. It is
    now 2016. We have got the agreement initiated, as I have noted.
    That is one step. You have indicated that you are supportive of
    the goal, and we need to work through some technical
    difficulties.
        What I need to know, what the people of Alaska, and
    specifically the people in Southeast and in Wrangell and
    Petersburg and Juneau want to know, is whether or not we can
    complete this exchange in a timely manner because Mental Health
    Trust is prepared to begin harvesting in areas that the
    communities are clearly concerned about. Mental Health Trust
    has said they have no option right now, and they have, kind of,
    put some fire under moving this legislation now.
        If they don't see that it is going to move, they are going
    to move forward with the harvest. They have an obligation, a
    trust obligation, to the most vulnerable of our population
    under establishment of the Mental Health Trust. They feel like
    they have got their hands tied.
        I understand your words and I appreciate that, but I need
    some commitment from you that you will not only work with us in
    a collaborative manner, and I appreciate that, but work with us
    to get it done this year because otherwise I am afraid they,
    the Mental Health Trust, will move forward. They will harvest
    in these areas and the conveyance that we have been working on
    for so many years goes nowhere. Can you give me that
    commitment?
        Ms. Weldon. Thank you for your question.
        And yes, the commitment is clearly there and we've really
    appreciated the work that we've been able to do with the
    executive group with the Mental Health Authority as far as
    getting clarity around which lands as well as talking a little
    bit more about what is entailed with, for example, many of the
    parcels that may be more isolated and what's required for
    analysis.
        So our goal is to work very closely and, to the extent that
    we can, expedite our ability to get the land exchange done.
        The Chairman. Well, I am concerned when we use the words
    like analysis and reviews because we know around here that
    stuff like that takes a long time.
        Again, there is a very specific timeline that the Mental
    Health Trust has given us with this. My concern is if we need
    to look at some practical steps that we need to address,
    whether it is changes in the scope of land surveying, ways to
    accelerate the environmental reviews, ways to prioritize the
    tracks that can be conveyed, whatever it is its going to take
    to get this commitment moving. That is what I need to hear from
    you today, from the Department, that we are going to be able to
    resolve this so that, again, the people who are writing and
    calling me from Juneau and Petersburg and Wrangell, have some
    assurance.
        Ms. Weldon. Yes, and we will do our best to be as strategic
    and as efficient in moving through the process as possible.
        The Chairman. Okay, well, we are going to work aggressively
    with you.
        I will comment on a statement that you just made in your
    statement. In your testimony when you were talking about the
    Administration's opposition to the Tongass Roadless Rule
    exemption, you say application of the Roadless Rule to national
    forest in Alaska has not hindered approval or appropriate
    access or removal of timber in accordance with the rule. You
    said that in your written testimony and then you just repeated
    that here. I just do not think that that is plausible. I do not
    think that is accurate, even with these five words as a
    qualifier.
        We had Alaska Electric Light and Power in Juneau several
    years ago. They waited months and, you know, we have got a very
    short summer season. They needed to get equipment off loaded to
    reduce trees that were growing within in their power lines
    because they needed to cross 100 yards of inventoried roadless
    to unload these brush cutters from a barge, and it took months
    to get that.
        Just this year Forest Service required helicopter
    installation of a power line between Petersburg and Kake
    because they would not allow for a road installation that would
    have reduced the cost of the project significantly because of
    the roadless.
        So, your statement, I think, really misses the point here.
    The Roadless Rule in Alaska has devastated our state's timber
    industry. The rule currently prevents most activities on 9.2
    million acres out of a 16.7-million-acre forest, 57 percent of
    the forest. By your most recent record of decision, it takes
    2.56 million acres of commercial timber from the timber base.
        I find it difficult to even imagine that you can make the
    statement that it has no impact, that it has not hindered or
    delayed in any way activities. Believe you me, the people on
    the ground are saying that it does because they see it almost
    on a daily basis.
        Senator Cantwell had to take a conference call, so I will
    go to you, Senator Heinrich.
        Senator Heinrich. Thank you, Madam Chair.
        Director Kornze, as you know, the issues that would be
    resolved by the San Juan County Settlement Implementation Act
    have been around for a little while. If you look back at the
    mineral issues in the bill, they date back to 1964. The Navajo
    Nation is still waiting for land that they were promised in
    1974.
        Can you talk a little bit about why the BLM sees this
    legislation as a better option than continuing to pursue
    legislation?
        I would also mention that we look forward to working with
    you on the pay-for issues. I think we have a path forward
    there. But if we don't resolve these issues legislatively, what
    are the chances of a quick resolution through the courts?
        Mr. Kornze. Well I think Senator Murkowski just highlighted
    that things can take all too long. And if we don't have a
    legislative solution for this particular place and the
    complicated issues around it related to preference right
    leasing, related to Navajo selection, I couldn't even put a
    number on how many years it would take to unwind this ball of
    yarn.
        Senator Heinrich. Okay.
        Mr. Kornze. And so, we are excited to see this resolved and
    also, we do understand that there are, there's a solution in
    hand or nearby for dealing with the pay issues which has been
    the stumbling block for many years. And so, we're pleased to
    see that come together.
        Senator Heinrich. Well, we are excited about that as well.
        Madam Chair, I will just mention we have some letters that
    I will be seeking later to introduce into the record regarding
    this legislation from San Juan County, New Mexico, from the
    Navajo Nation President's Office, as well as from the Navajo
    Nation Speaker's Office.
        [The information referred to follows.]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Heinrich. On a little bit of an item that is not
    related directly to the legislation in front of us today, I was
    wondering if you could quickly provide an update on the
    Sabinoso Wilderness issue in Northeastern New Mexico. The work
    that the BLM has been doing, and I commend you for it, in
    working with private partners to finally open this area to
    public access.
        As you know, this is literally the only wilderness area in
    the country that lacks legal public access today. I know there
    are many New Mexicans, especially from the Northeastern part of
    the state, that are eagerly awaiting the opportunity to go
    visit and hopefully see it open for things like hiking and
    hunting and camping next year.
        Mr. Kornze. So we are excited to see this happen also,
    opened up to the public. As you noted, it is the only
    wilderness area that we're aware of that does not have public
    access. A generous foundation and land trust have been working
    together to acquire an adjacent parcel, and I believe that has
    been executed. So we are looking at early, very early, in the
    new year to have our process completed to open up that public
    access.
        Senator Heinrich. That is great news.
        Has the Department of the Interior had any discussions with
    or communication with Customs and Border Patrol regarding
    border security to the south of the OMDP area and what feedback
    have you received about the impact of this bill on their
    operations?
        Mr. Kornze. So related to the Dona Ana bill, Border Patrol
    has weighed in and noted that it would give them significant
    additional flexibility so they seem to be very pleased with the
    legislation.
        Senator Heinrich. One last question while I have got a
    little bit of time left.
        Since the establishment of the Organ Mountains-Desert Peaks
    National Monument it has certainly been a tremendous asset for
    the local community and small businesses. In particular, we
    have been, sort of, astounded at how quickly it was embraced by
    the small business community. A recent survey of local
    businesses in tourism-related industries showed that 20 percent
    of businesses had introduced new products or new services
    related directly to the monument and that 32 percent of them
    used the monument in their promotional and marketing materials.
        I am curious from the management perspective of the Bureau,
    what have you seen as far as changes in either visitorship or
    interest from the public in experience in the places that were
    included in the monument designation?
        Mr. Kornze. So we have seen a lot of excitement in the
    community. As you noted, there's a lot of businesses that have
    attached themselves to it in a positive way. We've seen about a
    ten percent increase in visitorship. We've got new signage out
    there. We're completing a public process then we'll have a plan
    for management in place. So, we're pretty excited.
        The Green Chamber of Commerce has been very, very active in
    bringing additional attention, and I believe I saw numbers that
    they think nearly 100 jobs have been added in the community as
    a result of the designation.
        Senator Heinrich. That is fantastic.
        I know in September there is apparently ``Monuments to Main
    Street,'' a whole series of activities around the monument,
    getting people out into the monument for both educational and
    economic reasons. We certainly appreciate BLM's work with the
    local chamber and economic leadership.
        Thank you, Madam Chair.
        The Chairman. Thank you, Senator Heinrich.
        Senator Daines.

                    STATEMENT OF HON. STEVE DAINES,
                      A U.S. SENATOR FROM MONTANA

        Senator Daines. Thank you, Chair Murkowski and Ranking
    Member Cantwell, for holding a hearing on my bill, Senate bill
    3192, the Alex Diekmann Peak Designation Act.
        This bill, that I introduced with my colleague, Senator
    Tester, as well as Representative Zinke, who introduced the
    House version, will name a peak in the Beaverhead Deer Lodge
    National Forest after Alex Diekmann. Alex was a resident of my
    hometown of Bozeman. Alex passed away earlier this year from
    cancer after spending his life work fostering meaningful
    conservation work, taking landowners, federal and state
    agencies across Montana as well as neighboring states and
    bringing them together.
        My condolences to his wife, Lisa, and his two sons, Logan
    and Liam. Logan is a graduate of Bozeman High School. Liam
    attends Bozeman High. That is also the high school that I
    attended.
        Thank you, Ms. Weldon, for the Forest Service support for
    this legislation as well. I appreciate that today.
        We know that in the West the land projects are not easy
    tasks. It takes special people to really balance the needs of
    landowners, of ranchers, of foresters, of local cities, of
    towns, county commissioners, federal and state interests, as
    well as allowing all these stakeholders to come together to
    benefit each other and to benefit our community, as well as our
    iconic wildlife in Montana.
        What will become Alex Diekmann Peak is pictured behind me.
    I am getting homesick as I look behind me.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Daines. One is a view looking into the Madison
    Valley. That is from the top of the peak. You can see the
    Madison Valley, in fact, the Madison River in the distance, a
    river I fly fished on in August and caught some great trout. It
    looks over a private ranch with a conservation easement that
    was facilitated by Alex Diekmann.
        The peak abuts the national forest, federal land. It also
    neighbors state property.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Daines. It is a convergence of an ownership pattern
    that Alex was intimately familiar with and synchronized in such
    an amazing way.
        The lines there show, you can actually see Alex Diekmann
    Peak. You can see state lands, private lands and national
    forest. In so many ways, this peak then really captures what
    Alex Diekmann was all about.
        That is why this bill is supported from Montanans from all
    walks of life. Our Gallatin and Madison County Commissioners,
    the State of Montana, the Montana Association of Land Trust,
    Sportsmens groups, many more ranchers, foresters, who knew and
    truly loved Alex Diekmann.
        I ask unanimous consent to submit my longer written
    statement in the record as well as letters and resolutions in
    support of this peak designation from our state, Madison
    County, where the peak is located, Gallatin County, Alex's home
    area, and several others from mayors, sportsmen groups and
    others.
        The Chairman. It will be included as part of the record.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Daines. Thank you, Madam Chair.
        I would like to commend Chair Murkowski and Ranking Member
    Cantwell for considering a series of bills here today dealing
    with the Antiquities Act.
        Director Kornze, many Montanans will be concerned about any
    national monument unilaterally created by the Obama
    Administration in my home state without input from local
    community and our state.
        Before my time here in Congress, President Obama and the
    Department of the Interior proposed designating the Northern
    Prairies as a national monument, which is land across what we
    Montanan's call our high line. This would have been a
    unilateral decision done without Congressional approval and
    most importantly, done without including our farmers, our
    ranchers, our county commissioners, our local sportsmen, the
    Montanans who are most affected by this decision as part of
    that process.
        Any bill which has a potential to impact land management
    must be locally driven and not just spearheaded here in
    Washington. I can tell you that is how we do business in
    Montana, and that is how we bring people together versus
    polarizing them.
        Director Kornze, what is the Administration's process for
    getting local land users and local governments on board with
    Antiquities Act designations?
        Mr. Kornze. Well the Administration, you know, listens to
    communities. We listen to many stakeholders, you know, all
    Americans own our public lands. It's one of the great virtues
    of this country.
        And so, we take feedback from people all the time on all
    sorts of different ideas. And so, we take that outreach. We
    visit with people. We go to the ground. We've been to many
    places around the country where people have asked us to visit,
    to hear first-hand and to see resources.
        Senator Daines. Regarding that input, is that a statutory
    authority to get the input from local governments and land----
        Mr. Kornze. Statutory authority?
        I'm not sure, I mean, the President has the power to use
    the Antiquities Act. It is his alone.
        Senator Daines. It is. But is there any statutory authority
    that would say we probably ought to have the county
    commissioners, local sportsmen groups, conservation groups, be
    a part of that process?
        Mr. Kornze. I'm not aware of a structure similar to that.
        Senator Daines. My point here, if the Administration is
    already consulting with local governments and states, would you
    support legislation to require state or government approval?
        Mr. Kornze. I'm not in a position to suggest any
    limitations on the President's powers.
        Senator Daines. Well, you are representing the Department
    of the Interior here today and the Park Service is in charge of
    managing most national monuments. Why wouldn't you want to see
    the local governments and the local groups there be a part of
    that approval process, particularly the state and local
    government?
        Mr. Kornze. I think we have had very successful engagement
    with communities. I think things have been done well with some
    of the monuments that have been created during this
    Administration. And we have, you have seen a commitment from
    Secretary Jewell, from Secretary Vilsack, to have real public
    engagement.
        Senator Daines. Yes.
        Mr. Kornze. So.
        Senator Daines. I would just respectfully disagree. I would
    be happy to bring you back to Montana. You might hear a little
    different view of your assessments being done well and
    opportunities to improve that process.
        Mr. Kornze. So, is there a designation in Montana that
    you're talking about?
        Senator Daines. There is this, this goes back to that high
    line designation that I referred to that stirred up a lot of
    concern and consternation and they felt like----
        Mr. Kornze. I've not heard of that one before.
        Senator Daines. Okay, I would be happy to chat more with
    you about that, but I know I am out of time.
        This is just a concern, and I will just say Alex Diekmann
    was one who brought people together.
        Mr. Kornze. Yes.
        Senator Daines. As we say in Montana, we are a blend of
    Merle Haggard and John Denver, and we would like to bring those
    two melodies together----
        Mr. Kornze. Do they really say that?
        Senator Daines. Come back and I will show you that.
        Mr. Kornze. That would be great.
        Senator Daines. Montana.
        But anyway, I am out of time, and thanks for your time
    here, Director Kornze.
        The Chairman. Thank you, Senator Daines.
        Senator Wyden.
        Senator Wyden. Thank you, Madam Chair.
        Senator Daines is a good friend. I am not going to try
    singing to try the fact that he has made a very good analogy.
    [Laughter.]
        Madam Chair, my thanks to you and to Senator Cantwell for
    including our bill, the Southwest Oregon Watershed and Salmon
    Protection Act, this morning.
        Mr. Kornze, Ms. Weldon, it is great to see you both here.
    We have worked often with you and know of your good work.
        I want to talk briefly about the Southwest Oregon Watershed
    and Salmon Protection Act. The land surrounding Rough and Ready
    Baldface Creeks have some of the most exceptional, ecological
    values in Oregon. The streams are not only vitally important,
    the salmon runs, but they provide the drinking water supply for
    several nearby communities. Keeping the area free from new
    mining is essential to ensuring clean water, healthy habitats
    and ecosystems and the protection of valued recreation areas.
        What we are talking about, Mr. Kornze and I have had lots
    of conversations on this topic over the years because there is
    always confusion. We are talking about limits on new mining. We
    are not talking about affecting existing, valid rights.
        I know that when you get into these kinds of issues in our
    part of the world, as we have seen so often, stuff sort of gets
    lost in the translation. But we are talking about nothing that
    would affect existing, valid rights.
        We have been working on this legislation, practically since
    the days when I had a full head of hair and rugged good looks.
    I mean, we have been trying to protect this landscape from
    mining since the 1990s.
        Over the years public opposition to this kind of strip
    mining has really grown tremendously and the withdrawal now has
    the overwhelming support from the local communities interested
    in protecting the lands and the rivers they love.
        To their credit, the Administration has recognized the
    significance of the area. We are pleased that the Bureau of
    Land Management is moving forward with an administrative
    withdrawal of this exceptional area.
        I would just make one request. Ms. Weldon, I guess I am
    going to spare you this morning. You and I have had lots of
    questions over the years here in this room.
        Just one point for you to take away, Director Kornze. I
    know the agency, the BLM, and the Forest Service have been
    working together on that five-year administrative mineral
    withdrawal. I will tell you that 600 plus comments that we
    heard at our public hearings, at your public hearings,
    virtually everyone asked for a twenty-year or a permanent
    withdrawal.
        So my request is, and as I say, I appreciate the Chair's
    courtesy here, I hope that you all will consider what the folks
    said, overwhelmingly, at these community meetings. If you want
    to you can just respond in writing and give us a sense of
    process.
        [The information referred to was not received as of the
    time of printing.]
        Senator Wyden. But Director Kornze, we have worked closely
    with you for many years. We appreciate your professionalism.
        Ms. Weldon, you as well, and thank you for the good work
    you are doing.
        As my Western colleagues know, we have got only Westerners
    in the room. How fitting. Public lands issues in the West are
    not for the faint-hearted. These are issues that generate a
    great deal of passion, and we appreciate your professionalism
    and look forward to working with you.
        Thank you, Madam Chair.
        The Chairman. Thank you, Senator Wyden.
        Senator Gardner.
        Senator Gardner. Thank you, Madam Chair.
        Thank you, Director Kornze and Deputy Chief Weldon, for
    being here this morning.
        Again, thank you Chairman, for putting S. 3312 on the
    agenda this morning, the Responsible Disposal Reauthorization
    Act. I do have several letters of support that I would ask
    unanimous consent be put into the record.
        One is from the Colorado Department of Public Health and
    Environment supporting the extension of the reauthorization of
    this uranium mill tailings disposal site. This is a site that
    is responsible for taking care of mill tailings that were used
    in road construction projects during the height of the Cold War
    from Colorado as well as from Utah and Arizona. I believe,
    Senator Lee, it is Monticello, not Montichello, Utah that
    receives some of these tailings from and this would extend it
    to 2048.
        The second letter would be from the Mesa County
    Commissioners and thank you for that.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Gardner. I would also ask for permission to insert
    two newspaper articles to the record as well.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Gardner. Thank you, Madam Chair.
        Again, Director Kornze, I think conversations we have had
    on this dais about the Antiquities Act continue to be a
    question that I receive back home meeting with county
    commissioners in Southwestern Colorado and other places.
        Secretary Jewell was here before the Committee earlier this
    year talking about national park issues, Department of the
    Interior issues. One of the questions that I asked her was
    whether or not she was aware of any more Colorado designations
    from the President this year under the Antiquities Act. At the
    time she said she was not aware of any but those decisions
    reside with the President as you said.
        She also said and committed to me that she would get back
    to me if she heard of any designations in Colorado. I would ask
    you the same thing. Are you aware of any considerations being
    made in Colorado using the Antiquities Act that are being
    considered right now?
        Mr. Kornze. I will give you the same caveats that, you
    know, these decisions lie with the President. And so, I can't
    know what decision, you know, what the President plans to do,
    but I will tell you I'm not aware of any conversations in terms
    of proposals for anything in Colorado. Maybe you're hearing
    things in your office. I'm not having people visit in my office
    to talk about possible monuments in Colorado.
        Senator Gardner. Thanks, Director.
        I would just ask you the same commitment just to make sure
    that if you do hear this, if you could relay that to my office
    because I get asked that whether anything is cooking in
    Washington by county commissioners on a regular basis.
        Thank you very much.
        Thank you, Madam Chair. I yield back my time.
        The Chairman. Thank you.
        Senator Lee.
        Senator Lee. Thank you Madam Chair, and thanks for holding
    this hearing. We thank our witnesses as well.
        This past Monday marked an anniversary, a significant
    anniversary, for people in my state, the State of Utah. It
    marked the 20th anniversary of the date that President Bill
    Clinton utilized the Antiquities Act to designate as a national
    monument more than 1.5 million acres of land in Southern Utah.
    This is the area that became known as the Grand Staircase
    Escalante National Monument.
        After the designation occurred, Utah's Congressional
    Delegation, Utah's state and county leaders and local residents
    in Utah, especially residents living closest to the area
    designated as a monument, all warned that a national monument
    designation would dramatically disrupt their way of life in
    Southern Utah and make it harder for hard working Utahans to
    earn a living.
        You know, discussing these concerns, the Administration
    officials and monument advocates insisted that an Antiquities
    Act designation, that the creation of this particular national
    monument, would actually enhance the local economy. It would
    boost it.
        Twenty years later the verdict is out. The people of Utah
    were right. The Grand Staircase has been devastating for the
    people of Utah's Garfield and Kane Counties. It has depressed
    economic development and recreation on nearly two million acres
    of land and undermined economic stability in the region.
        Land use restrictions that accompanied the monument have
    wiped out many of the stable jobs that once existed in this
    area of South Central Utah where the monument was designated.
    Those were jobs that previously formed the backbone, the core,
    of the local economy. These jobs included jobs in areas such as
    ranching and mining and timber harvesting, all of which were
    affected to a significant and in many ways devastating degree
    by the designation of this monument.
        Utah is, once again, 20 years later facing the threat of a
    national monument designation under the Antiquities Act. At the
    behest of a clamorous group of environmental activists, and I
    want to make clear here, mostly out-of-state environmental
    activists, people who mostly do not live in Utah. President
    Obama is currently considering designating under the
    Antiquities Act what would be called the Bears Ears National
    Monument in Southeastern Utah.
        Just like the Grand Staircase Escalante National Monument,
    the proposed Bears Ears Monument would deprive these vulnerable
    communities and especially vulnerable populations within these
    already vulnerable communities of vital economic, recreational
    and cultural resources.
        Yesterday a group of Native Americans from Utah delivered
    to the Secretary of the Interior a series of letters, petitions
    and resolutions opposing the proposed Bears Ears National
    Monument. I would like to enter those documents into the
    record.
        The Chairman. Those will be included.
        Senator Lee. Thank you.
        [The information referred to follows:]\

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Lee. Those documents include a resolution from the
    Blue Mountain Dine, a petition from the descendants of
    Kahlelli, a resolution from the Aneth Chapter of the Navajo
    Nation, a resolution from the City of Blanding, a resolution
    from the City of Monticello, a resolution from the San Juan
    County Board of Commissions, a letter from the Utah Wildlife
    Board and a resolution from the Utah State Legislature. Each of
    these documents expressed Utahans' strong opposition to the
    Presidential creation of a national monument in the Bears Ears
    area. Their message should be heard loud and clear. Enough is
    enough. These petitioners know their land and these petitioners
    know there is a better way.
        Congressman Rob Bishop, the Chairman of the House Natural
    Resources Committee, along with Congressman Jason Chaffetz,
    both from Utah, have spent the last three years working on the
    Public Lands Initiative (PLI), legislation that would further
    protect the lands, the very same lands, that President Obama is
    considering for a possible designation under the Antiquities
    Act. After holding more than a thousand meetings, Chairman
    Bishop is on the verge of passing the PLI. Unfortunately, this
    process risks being short-circuited by the premature creation
    of a national monument by executive fiat. This threat is
    exactly why I have introduced S. 3317 which would prohibit the
    further extension or establishment of national monuments in the
    State of Utah, except by express authorization of Congress.
        To be clear, this is not some new radical idea or some
    special unique carve out just for Utah. Since 1950, the State
    of Wyoming has enjoyed an identical exception from the
    Antiquities Act and the state is not some hellscape as a result
    of this. My bill would simply put Utah on an equal footing with
    Wyoming and give the people of Utah, who have been severely
    harmed by the abuse, the flagrant abuse, of the Antiquities
    Act, some piece of mind about the future of their lands and
    their livelihoods.
        Mr. Kornze, last week you praised the process that has
    brought us this far. We know we have further to go. Please, I
    implore you, I beg of you, let us continue to work toward
    consensus. Tell the President not to declare a national
    monument in San Juan County, Utah.
        Thank you.
        Thank you, Madam Chair.
        The Chairman. Thank you, Senator Lee. I know this is an
    extraordinarily important issue for you and the people of Utah.
    I got the feedback from you about the field hearing that you
    were able to conduct earlier this summer. This is a critically
    important issue to Utah and to those of us in the West, so
    thank you for your advocacy on this.
        Senator Flake.
        Senator Flake. Thank you, Madam Chair, and thank you for
    holding this expansive hearing on a number of important lands
    bills.
        I introduced S. 2380, the RPPA Commercial Recreation
    Concessions Pilot Program Act, to allow local governments
    greater flexibility when offering recreation opportunities.
    States and counties should be able to provide the same types of
    commercial recreation concessions that the BLM can.
        I would like to submit for the record six letters of
    support for this bill, including ones from the National
    Association of Counties, National Association of State Park
    Directors, Maricopa County, Arizona and the Arizona State
    Parks.
        The Chairman. They will be included as part of the record.
        Senator Flake. Okay, thank you.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Flake. I also thank you for including H.R. 2009.
    This bill takes a small amount of land into trust for the
    Pascua Yaqui Tribe and it has the support of the entire Arizona
    delegation.
        Before Congress takes land into trust for tribes, it is
    important for all jurisdiction issues to be worked out with the
    affected governments. In this particular case to which H.R.
    2009 applies, that has already been done.
        I would like to submit letters of support from Pima County
    and the tribe into the record.
        The Chairman. Those will also be included.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Flake. I am also glad to work with my friend,
    Senator Heinrich, to introduce the Ace Act. This is truly a
    win/win. State trust lands get to swap their trapped lands for
    those with greater economic potential while federal land
    managers get to eliminate inholdings. We were able to work with
    Arizona's ranchers, miners and water users to ensure their
    interest are protected in these exchanges.
        I would like to submit this letter of support from the
    Arizona State Land Department.
        The Chairman. That also will be included as part of the
    record.
        Senator Flake. Alright.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Flake. Just a broader statement on national
    monuments, Madam Chair. You and other members of the Committee
    have heard me talk many times about the importance of the
    Colorado River to Arizona. We have enough challenges on the
    river without the specter of a new federal reserved right of
    bending the already perilous apple cart. That is why I
    introduced S. 1416 to prohibit the President from creating a
    new federal reserve water right with a national monument.
        Madam Chair, I am also glad to co-sponsor your improved
    National Monument Designation Process Act. The Federal
    Government owns nearly half of Arizona and when you account for
    other lands, public lands and tribal lands, you will find that
    only 18 percent of the state is actually in private ownership.
    With so little private land in Arizona, multiple use, public
    lands provide opportunities for grazing, mineral development
    and recreation of all types. Any action that removes those
    opportunities needs to be done in conjunction with the state
    and local governments, and your bill will ensure that
    cooperation happens.
        I would like to submit for the record these statements that
    I have received from a wide range of Arizona interests opposed
    to yet another national monument, including the Game and Fish
    Department, Arizona Game and Fish, Chamber of Commerce and the
    Theodore Roosevelt Conservation Partnership.
        [The information referred to follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

        Senator Flake. When I travel around the state I repeatedly
    hear from constituents asking me to help stop a new
    designation. Senator Lee talked about some of the issues that
    go along with that and the lack of economic opportunity that
    results.
        It is frustrating, Madam Chair, that we cannot do anything
    about these monuments and we have no voice in the process. That
    is why it is important to have these kind of fixes that this
    bill would put in place.
        Thank you, Madam Chair.
        The Chairman. Thank you, Senator Flake, and all of the
    letters and reports that you have asked to be included as part
    of the record shall be included as such.
        There has clearly been a fair amount of discussion and
    concern raised by members of the Committee here this morning as
    it relates to monuments and monument designations. The fact
    that we have three measures before the Committee that relate to
    that, I think, is significant.
        As I mentioned in my opening comments, utilization of the
    Antiquities Act, designation of monuments is not a partisan
    exercise. Sixteen of the 19 presidents since 1906 have created
    152 different monuments. I find it rather interesting that it
    was President Franklin Roosevelt who used the authority the
    most often, 36 times. But when you look at what he set aside
    through these monument designations it was 2.8 million acres of
    monuments, only on land.
        Yet, when you look at what has come out of this
    Administration, President Obama has clearly proclaimed the most
    monument acreage, nearly 553 million acres both on land and on
    sea. Again, the Antiquities Act was designed to reserve the
    smallest area compatible with the proper care and management of
    the objects to be protected is the language.
        I recognize that some of the monument designations are
    smaller in size, less than 5,000 acres. But then you look at
    some of the larger ones, particularly the marine designations,
    the largest is 283 million acres.
        As has been noted by my colleagues from not only Arizona
    and Utah, but also Montana and Colorado, there is impact when
    you do these designations, real impact on the livelihoods of
    those who live near the designated areas, whether we are
    talking about traditional hunting and gathering practices or
    commercial fishing or mineral or grazing rights or just the
    ability to use a snow machine in the winter time. There is a
    real life impact on local communities.
        Mr. Kornze, I have a couple questions for you as they
    relate to national monuments.
        First is along the same lines as Senator Gardner asked in
    Colorado, and that is whether or not you can give me any
    information as to whether the Administration plans to designate
    any new onshore or offshore monuments in the State of Alaska
    before this President leaves office?
        Mr. Kornze. So, if I can indulge just for one second, and
    Senator Flake raised a number of important points. I just want
    to note the Ace Act is exciting. I think we need to clean up a
    lot of the scattered lands.
        The Concessions Act, the BLM would be very excited to have
    Congress develop a concessions authority that applies to us in
    the same way that it does to the Park Service or the Bureau of
    Reclamation. Your legislation does something quite different.
    We would be, we would love to sit down with you and develop
    something that is a true concessions authority. We think it
    would be great for recreation in all states. Thank you,
    Chairman.
        Related to Alaska, I can give you the same answer that I
    gave Senator Gardner. You know, I don't have anyone in my
    office, talking about monuments in Alaska. Again, I can't tell
    you what the President is or isn't thinking but in terms of,
    you know, my interaction with these issues, I'm not aware.
        The Chairman. Well, you have indicated there is nobody in
    your office. Are you aware of any conversations outside of your
    particular office where there is discussion about designation
    of either an onshore or offshore monument designation in
    Alaska?
        Mr. Kornze. I'm not.
        The Chairman. Okay.
        I would ask the same that Senator Gardner has which is that
    if you are made aware of such conversations we would certainly
    appreciate that information.
        I wanted to ask about the comment or a comment in your
    written testimony. In my bill, S. 437, we have the requirement
    to apply NEPA to the President's designation to designate a
    monument. You have suggested in your testimony that this
    requirement would be unprecedented because you say that NEPA
    only applies to federal agencies, and the President is not a
    federal agency.
         I certainly understand the President is not a federal
    agency, but also, Congress is not a federal agency. Since
    Congress is not a federal agency, how is it that the
    Administration requires or demands that a NEPA analysis be done
    on decisions that are made by Congress and legislation?
        I will give you my specific example, and it ties back to an
    issue that I care very much about and that is the King Cove
    Land Exchange. When we passed the Omnibus Lands Act back in
    2009 and through Public Law 111-11, we subjected to NEPA our
    decision to authorize that land exchange. You will recall that
    was a 300 to 1 land exchange to facilitate the construction of
    the King Cove Road.
        Was it inappropriate to do that? We are not, again,
    Congress is not a federal agency. So if you think that it was
    appropriate in that instance how do you justify the President's
    decisions being excluded from a NEPA?
        Mr. Kornze. So, I'm not intimately familiar with all the
    process that has run on King Cove but I can----
        The Chairman. I just use that as an example.
        Mr. Kornze. Yeah.
        The Chairman. Because King Cove was, of course, on my mind.
        Mr. Kornze. So here's my understanding of the issue. You
    know, NEPA does not necessarily apply to Congress.
        The Chairman. Right.
        Mr. Kornze. President or the courts. But when federal
    agencies are asked to take an action, NEPA is something that is
    done, right?
        So Congress, for instance, and again, I'm not the world's
    expert on this issue, but I'll give you what I think I know. If
    Congress has the power to say, you know, ``x'' thing is
    established, right? This thing does exist or Congress could say
    we direct the Bureau of Land Management to do this. So, if
    you're putting us in motion, NEPA would be part of our process.
    You could, though, definitively say, ``x'' is established.
        So, I think it's a fine line. It's a piece of
    administrative law or what sector of law we would describe this
    as, but the President has the authority, like Congress does, to
    take actions.
        The Chairman. I guess I would just suggest that it would
    not be unprecedented to suggest that monument designations
    should be subjected to NEPA analysis.
        You have indicated in response to a couple questions on
    this that you would not suggest anything that would limit the
    President's powers to move forward under the Antiquities Act.
    Congress has done that a couple times. It was mentioned back in
    1950 when Wyoming had its exclusion and Alaska under ANILCA in
    1980 it was determined that Alaska basically had certainly
    provided enough to the country when it came to designation by
    the President, by President Carter at that time, that any
    designation would be subject to a limitation.
        So it is not something where, again, the President should
    be able to advance just on his or her own volition and
    directive. The suggestion that has been made, certainly, by
    members here is that it is appropriate to take into account
    local stakeholder input, the input from the councils and the
    assemblies, the input from congressional delegations and
    legislatures, legislators.
        When you have responded to the inquiry about what level of
    weight or significance is given to that local input and
    recognizing, for instance what Senator Lee has presented to the
    Administration, to the President, with respect to Bears Ears, I
    think it is important that we figure out a way that the public
    is listened to, that there is a process, that stakeholder
    engagement is not only encouraged, but that it is heard.
        I think you have heard from many, all Westerners, on the
    issue of monument designation but it is something that is on
    the top of Westerner's minds and, I think, for good reason. We
    have to have a way that we can weigh in when our economies are
    being impacted. We hear from our constituents that this is an
    issue that is as big as anything that is out for discussion
    right now. I think you need to carry that message back to all
    those within the Administration.
        Senator Cantwell has not had an opportunity to ask
    questions.
        Senator Cantwell. Thank you, Madam Chair.
        I wanted to go to Ms. Weldon. Thank you for being here
    today.
        This is the first time the Forest Service has publicly
    announced its support for mineral withdrawal of the Methow
    headwaters. I believe this is an important step, and I hope we
    can coordinate with you and the Forest Service and the staff in
    the region to work on this particular area.
        I saw in your testimony that the Forest Service proposed a
    five-year administrative withdrawal for S. 364, the Southwest
    Oregon watershed bill which you described as a withdrawal in
    aid of legislation. Can you describe how this would work,
    particularly with the Methow, and would you start working on
    that withdrawal immediately?
        Ms. Weldon. Yes, our goal is to begin working on that,
    coordinating with the Bureau of Land Management on the process
    for an administrative withdrawal. There's quite a bit of work,
    as you know, that's entailed within that. So, as we get started
    we'll be looking at how long it takes for us to get through
    that, but definitely we'll be initiating the process.
        Senator Cantwell. So you do not think it would be
    consistent while you are going through that process to approve
    anything that would be counter to that?
        Ms. Weldon. In light of us beginning this process the
    likelihood of us approving any additional expirations is low.
    We need to make sure we're focusing on the long-term withdrawal
    process.
        Senator Cantwell. Okay, because we certainly would see that
    as very inconsistent to start on a withdrawal and then all of a
    sudden make an approval. So we certainly hope that working
    together, both legislatively and administratively, we can make
    sure that we are listening to the people of that area, who
    certainly do not support any mining activity that would
    threaten those headwaters since they are such vital headwaters
    for the entire region. So, thank you for that.
        Ms. Weldon. Thank you.
        Senator Cantwell. Also, regarding one of the bills on the
    agenda, S. 2056, the bill Senator Murkowski and I introduced,
    establishing a national volcano and early warning system. Can
    you expand on what role the Forest Service might play? I bring
    this up because Mount Baker and Glacier Peak, two of our
    volcanoes--I think we have only one seismometer on each of
    those peaks. People have said you need at least five to make
    sure that we are assessing the risk. What are your thoughts
    about how the Forest Service could work with USGS and local
    emergency managers, particularly since Lahar is such a major
    threat to us?
        Ms. Weldon. Thank you.
        Yeah, I spent quite a bit of my career working in those
    landscapes, especially with the Cascade ranges there. I know we
    have some continuing activity that we're coordinating,
    especially with Mount St. Helens. We plan to continue to work
    with the USGS as we keep exploring the value of warning system
    that's more extensive.
        I'm not totally up to date on the status of that but with
    our actions and activities that we do and coordinate on an
    emergency basis, the preventative side of that, I think, is
    equally important. So, we look forward to continuing
    coordinating closely with the USGS, with our local elected
    officials, local communities as well.
        Senator Cantwell. Thank you.
        Thank you, Madam Chair.
        The Chairman. Thank you.
        I have one last question and Mr. Kornze, I am sure you must
    have anticipated that there had to be a King Cove question.
        Mr. Kornze. Right.
        The Chairman. I also tried to loop it into my comments on
    monuments, but I am just clearly so troubled. You heard the
    Senator from West Virginia weigh in and say for gosh sakes,
    can't we please just finally get this resolved? She is so
    supportive of the some thousand people who live in King Cove,
    who are just looking for a 11-mile, one lane, gravel, non-
    commercial use road to gain access to the all-weather airport
    there in Cold Bay. It is such a simple thing, yet it has risen
    to a level where it is not just about King Cove, it is the
    principle of the matter. How can the Federal Government be
    denying these people living in a very remote part of America
    something that we would absolutely take for granted in any
    other part of America?
        I struggle with this because this situation has not gotten
    better, as you know. Fifty-two, 52 Medivacs since the Secretary
    rejected this road in 2013, 52 of them, 17 requiring the Coast
    Guard to come in.
        I was in Kodiak this weekend as the Coast Guard was cutting
    a ribbon on new Coast Guard housing. I had to thank every
    single one of those Coast Guard men and women and their spouses
    for the call outs that they do as one of the most potentially
    dangerous and threatening missions that they do. This is not
    part of Coast Guard's core services to provide Medivac service
    to a community 600 miles away. And yet, that is what has
    happened. It is simply not acceptable.
        When you hear stories like a 70-year-old man waiting 40
    hours for the fog to lift when if there were a road he could be
    there. He could be to a full hospital. And the story that
    Senator Sullivan shared this morning, just last week. Yet
    another incident.
        I do not understand how those in the Department can just
    sit back and say this is okay or this is acceptable or maybe
    Lisa will just stand down one of these days. No.
        So, the question to you is the question that I have asked
    Secretary Jewell every time she is before any of the committees
    that I sit on. She made a promise to me saying that she was
    going to be there to help, that she would find a way to help. I
    still have yet to see any proposal, any plan that would help
    the nearly 1,000 Alaskans that live in this remote community.
        There was one proposal that was written down and it was
    basically a rehash of the various ideas that have been out
    there over the past couple decades, but we have gotten nothing.
    In the meantime, people's lives are in jeopardy.
        Mr. Kornze. So this is a very important issue. I know it's
    extremely important to you.
        As I noted earlier I've not been intimately involved with
    this, as you can imagine, working from the Bureau of Land
    Management, but I am happy to take your thoughts back to the
    Secretary and to the Fish and Wildlife Service and we do take
    them very, very seriously.
        The Chairman. Well, it is not just my thoughts.
        Mr. Kornze. Yeah.
        The Chairman. It is not my thoughts. It is my prayers
    because I just cannot stand by thinking that there is going to
    be a tragedy. Instead, it is just suffering, lots of suffering
    and pain and fear and fright, needless, unnecessary because we
    can do something about it.
        For crying out loud, this is a small, one lane, gravel,
    non-commercial use road. And it is the government that says
    nope, we can't do that. We cannot add a small connector road
    because we are afraid that somehow or other that is going to
    disturb the waterfowl that come through the area. The waterfowl
    that U.S. Fish and Wildlife Service promotes for hunting. How
    ironic is that?
        This is crazy talk. When people get frustrated with their
    government, it is because of situations just like this where
    they say, wait a minute, can't there be some way to work this
    out?
        Well, there was. It was a 300 to 1 exchange. The Federal
    Government was going to get wilderness. The Native people were
    willing to give up their lands that they had received as part
    of their settlement because they wanted 206 acres to build out
    this small, connector road.
        You already have road that goes right up to the boundary of
    the refuge on the King Cove side and a road that comes right up
    to the boundary from the Cold Bay side. All we need is that
    connector. And in the middle of this refuge are roads that
    crisscross all over and back that have been part of the
    landscape since World War II.
        I know what is happening. This Administration is just
    running the clock. They are running the clock, and they will be
    able to wash their hands of it. In the meantime, as of today,
    52 different Alaskans, infants, elders, have suffered. That is
    absolutely unacceptable, absolutely unacceptable.
        So the message that you need to take back to the Secretary
    and to the President is on their watch, on their watch, they
    have turned their back on Alaskans, on Alaska Natives, on their
    responsibility, on our responsibility. And they are now going
    to walk away, and they will be able to wipe their hands clean.
    I just hope they will still remember that in the meantime under
    their watch people have been living in fear, in trepidation and
    with pain and suffering that could have been addressed. It is
    inexcusable, and I am not backing down on this.
        One way or another, it probably won't be with this
    Administration, but one way or another the people of King Cove
    are going to find safety. That is the message that you can take
    back.
        Mr. Kornze. I will.
        The Chairman. Okay.
        With that, we stand adjourned. I thank you both for coming
    before the Committee and 21 bills we would like to work with
    you in these areas to advance them.
        Thank you so much and we stand adjourned.
        [Whereupon, at 11:31 a.m. the hearing was adjourned.]

                          APPENDIX MATERIAL SUBMITTED

                                  ----------

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]