[Congressional Record Volume 148, Number 85 (Monday, June 24, 2002)]
[House]
[Pages H3829-H3830]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   REVOCATION OF PUBLIC LAND ORDER WITH RESPECT TO LANDS ERRONEOUSLY 
        INCLUDED IN CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA

  Mr. CANNON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3937) to revoke a Public Land Order with respect to certain 
lands erroneously included in the Cibola National Wildlife Refuge, 
California, as amended.
  The Clerk read as follows:

                               H.R. 3937

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. REVOCATION OF PUBLIC LAND ORDER WITH RESPECT TO 
                   LANDS ERRONEOUSLY INCLUDED IN CIBOLA NATIONAL 
                   WILDLIFE REFUGE, CALIFORNIA.

       Public Land Order 3442, dated August 21, 1964, is revoked 
     insofar as it applies to the following described lands: San 
     Bernardino Meridian, T11S, R22E, sec. 6, all of lots 1, 16, 
     and 17, and SE\1/4\ of SW\1/4\ in Imperial County, 
     California, aggregating approximately 140.32 acres.

     SEC. 2. RESURVEY AND NOTICE OF MODIFIED BOUNDARIES.

       The Secretary of the Interior shall, by not later than 6 
     months after the date of the enactment of this Act--
       (1) resurvey the boundaries of the Cibola National Wildlife 
     Refuge, as modified by the revocation under section 1;
       (2) publish notice of, and post conspicuous signs marking, 
     the boundaries of the refuge determined in such resurvey; and
       (3) prepare and publish a map showing the boundaries of the 
     refuge.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Cannon) and the gentlewoman from the Virgin Islands (Mrs. 
Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Cannon).
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  This legislation will revoke a small portion of the Public Land Order 
that originally created Cibola in 1964. While the refuge is more than 
17,000 acres, there is a small component of the unit known as 
``Walter's Camp.'' Based on testimony from the U.S. Fish and Wildlife 
Service, it is clear that a mistake was made to include this property 
within the refuge. In fact, about a dozen years ago, the Service 
constructed a fence around what they thought were the boundaries of the 
refuge, and Walter's Camp was excluded.
  Walter's Camp has provided recreational opportunities for over 40 
years. It provides family-friendly recreation to nearly 15,000 people a 
year who travel there to camp, hike, canoe, fish, bird watch and 
rockhound along the lower Colorado River.
  The concessionaire who operates this camp has obtained the necessary 
permits from the Bureau of Land Management. According to a BLM 
representative in Yuma, Arizona, there have been no problems with 
Walter's Camp, the concessionaire has been extremely cooperative, the 
facilities are inspected about every 6 months, and by transferring 
title to BLM, the net effect will be to improve environmental 
protection for the lower Colorado River.
  The U.S. Fish and Wildlife Service testified there are little, if 
any, resource values on the 140 affected acres and that the best course 
of action for everyone, including the Government, the concessionaire 
and the general public, is to remove these lands from the refuge 
system.
  H.R. 3937 will accomplish that goal. It will end the confusion as to 
who has title to this property, and it will reaffirm that the 
management of the concession is the jurisdiction of the Bureau of Land 
Management.
  I urge an aye vote on H.R. 3937, and I want to compliment the 
gentleman from California (Mr. Hunter) for his tireless efforts on 
behalf of this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mrs. CHRISTENSEN asked and was given permission to revise and extend 
her remarks.)
  Mrs. CHRISTENSEN. Mr. Speaker, as stated by the previous speaker, my 
colleague, the overall purpose of the bill before the House is to 
resolve a long-standing error that included a concession known as 
Walter's Camp as part of the original land withdrawal which established 
the Cibola National Wildlife Refuge.
  In the course of the Committee on Resources' investigation into this 
matter, we have come to understand that the inclusion of Walter's Camp 
was a genuine error in the original 1964 withdrawal. We have also been 
careful to ensure that nothing in H.R. 3937 will affect public 
ownership of the lands revoked by H.R. 3937. All title interests will 
remain with the Federal Government.
  As a result, I support this legislation to correct the mistake which 
under law cannot be resolved administratively by the Secretary of the 
Interior.

[[Page H3830]]

  Some concerns were raised, however, concerning the potential for 
encroachment onto the Cibola Refuge, intentional or accidental, by 
recreational off-road vehicle enthusiasts who might visit Walter's Camp 
in the future. Clearly, off-road vehicle use is not compatible with the 
purposes of the Cibola National Wildlife Refuge. Moreover, this issue 
could become a significant management headache for both the Fish and 
Wildlife Service and the Bureau of Land Management, the agency that 
oversees the concession permit for Walter's Camp.
  In this respect, I commend the gentleman from Maryland (Mr. 
Gilchrest), the chairman of the Subcommittee on Fisheries Conservation, 
Wildlife and Oceans, and the gentleman from Guam (Mr. Underwood), the 
ranking Democrat on the subcommittee, for amending the bill to require 
the Secretary of the Interior to, within 6 months after the date of 
enactment, to re-survey and conspicuously mark the new adjusted 
boundaries.
  I also note for the record that H.R. 3937, as amended in committee, 
would not affect in any way concession operations at Walter's Camp, nor 
would this legislation impose any new regulations on the different 
recreational activities, including ORV use, that occur on nearby Bureau 
of Land Management lands or lands within the refuge.
  H.R. 3937 is thoughtful, common-sense legislation that will correct 
an administrative error, protect the fragile wildlife habitat of the 
Cibola Refuge and ensure the future operation of a much-needed 
recreational facility in a remote area.
  I urge Members to support H.R. 3937.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
  We may have a colleague showing up here momentarily, but let me thank 
the gentlewoman, first of all, for her comments on this, and point out 
that we worked very well together on these bills where there is 
consensus and important issues, including recreation, for our 
constituents and the people of America.
  Mr. HUNTER. Mr. Speaker, I would like to thank you for allowing this 
vote today on H.R. 3937. I would also like to express my appreciation 
to my constituent, Mr. Frank Dokter, who brought this important issue 
to my attention, and to Chairman Gilchrest whose leadership was 
necessary in bringing this bill to the floor. The legislation is 
necessary to enable a family in my district to continue operating a 
long time outdoor recreation camp on a Bureau of Land Management (BLM) 
permit, which is in danger of being cancelled since the BLM recently 
discovered that the camp was included in the creation of a National 
Refuge in 1964.
  Mr. Dokter and his family operate Walter's Camp, a BLM concession on 
land near the lower Colorado River in Imperial County, California. The 
facility provides visitors with a family-friendly outdoors experience, 
which includes camping, hiking, canoeing, fishing, birdwatching and 
rock-hounding. In an increasingly crowded Southern California, Mr. 
Dokter and his family have provided a welcome diversion from city life 
to many of the region's outdoors enthusiasts.
  Walter's Camp was first authorized in 1962, and in August 1964, 
Public Land Order 3442 withdrew 16,627 acres along the Colorado River 
to create the Refuge. The withdrawal erroneously included the 140 acre 
Walter's Camp, but neither the BLM or the Fish and Wildlife Service 
knew the new Refuge contained the Camp. Refuge personnel even built a 
fence years ago physically excluding Walter's Camp from the Refuge. The 
BLM continued to renew the original permit, allowing the recreational 
concession use to continue unbroken until the present time. However, 
given this recent discovery, the BLM does not have the authority to 
continue issuing the concession contracts to Walter's Camp.
  The Fish and Wildlife Service and the BLM agree that the land has 
``insignificant, if any, existing, potential, wildlife habitat value,'' 
as stated in a Department of Interior memo. Therefore, I have 
introduced H.R. 3937 to correct this mistake and allow the BLM to 
continue to issue contracts to Walter's Camp.
  Again, Mr. Speaker, I offer my sincere recommendation that this land 
be taken out of the Cibola National Wildlife Refuge, and that Mr. 
Dokter's family be allowed to continue such a valuable and productive 
service to our region. Respectfully, I urge my colleagues' support on 
final passage.
  Mr. CANNON. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Cannon) that the House suspend the rules and 
pass the bill, H.R. 3937, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. CANNON. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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