[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[House]
[Pages 11829-11833]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1445
          CALIFORNIA DESERT AND MOUNTAIN HERITAGE ACT OF 2008

  Mr. COSTA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 3682) to designate certain Federal lands in Riverside County, 
California, as wilderness, to designate certain river segments in 
Riverside County as a wild, scenic, or recreational river, to adjust 
the boundary of the Santa Rosa and San Jacinto Mountains National 
Monument, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3682

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the 
     ``California Desert and Mountain Heritage Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

         TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

Sec. 101. Definition of Secretary.
Sec. 102. Designation of wilderness, Cleveland and San Bernardino 
              National Forests, Joshua Tree National Park, and Bureau 
              of Land Management land in Riverside County, California.
Sec. 103. Joshua Tree National Park potential wilderness.
Sec. 104. Administration of wilderness.

              TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

Sec. 201. Wild and scenic river designations, Riverside County, 
              California.

 TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 
                  JACINTO MOUNTAINS NATIONAL MONUMENT

Sec. 301. Boundary adjustment, Santa Rosa and San Jacinto Mountains 
              National Monument.
Sec. 302. Technical amendments to the Santa Rosa and San Jacinto 
              Mountains National Monument Act of 2000.

         TITLE I--DESIGNATION AND EXPANSION OF WILDERNESS AREAS

     SEC. 101. DEFINITION OF SECRETARY.

       In this title, the term ``Secretary'' means--
       (1) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (2) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.

     SEC. 102. DESIGNATION OF WILDERNESS, CLEVELAND AND SAN 
                   BERNARDINO NATIONAL FORESTS, JOSHUA TREE 
                   NATIONAL PARK, AND BUREAU OF LAND MANAGEMENT 
                   LAND IN RIVERSIDE COUNTY, CALIFORNIA.

       (a) Agua Tibia Wilderness Additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the Cleveland National Forest and certain land administered 
     by the Bureau of Land Management in Riverside County, 
     California, together comprising approximately 2,053 acres, as 
     generally depicted on the map titled ``Proposed Addition to 
     Agua Tibia Wilderness'', and dated May 9, 2008, is designated 
     as wilderness and is incorporated in, and shall be deemed to 
     be a part of, the Agua Tibia Wilderness designated by section 
     2(a) of Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 
     note).
       (b) Cahuilla Mountain Wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the 
     San Bernardino National Forest, California, comprising 
     approximately 5,585 acres, as generally depicted on the map 
     titled ``Cahuilla Mountain Proposed Wilderness'', and dated 
     May 1, 2008, is designated as wilderness and, therefore, as a 
     component of the National Wilderness Preservation System,

[[Page 11830]]

     which shall be known as the ``Cahuilla Mountain Wilderness''.
       (c) South Fork San Jacinto Wilderness.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the San Bernardino National Forest, California, comprising 
     approximately 20,217 acres, as generally depicted on the map 
     titled ``South Fork San Jacinto Proposed Wilderness'', and 
     dated May 1, 2008, is designated as wilderness and, 
     therefore, as a component of the National Wilderness 
     Preservation System, which shall be known as the ``South Fork 
     San Jacinto Wilderness''.
       (d) Santa Rosa Wilderness Additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in 
     the San Bernardino National Forest, California, and certain 
     land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 2,149 
     acres, as generally depicted on the map titled ``Santa Rosa-
     San Jacinto National Monument Expansion and Santa Rosa 
     Wilderness Addition'', and dated March 12, 2008, is 
     designated as wilderness and is incorporated in, and shall be 
     deemed to be a part of, the Santa Rosa Wilderness designated 
     by section 101(a)(28) of Public Law 98-425 (98 Stat. 1623; 16 
     U.S.C. 1132 note) and expanded by paragraph (59) of section 
     102 of Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 
     note).
       (e) Beauty Mountain Wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 15,621 acres, as 
     generally depicted on the map titled ``Beauty Mountain 
     Proposed Wilderness'', and dated April 3, 2007, is designated 
     as wilderness and, therefore, as a component of the National 
     Wilderness Preservation System, which shall be known as the 
     ``Beauty Mountain Wilderness''.
       (f) Joshua Tree National Park Wilderness Additions.--In 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     certain land in Joshua Tree National Park, comprising 
     approximately 36,700 acres, as generally depicted on the map 
     numbered 156/80,055, and titled ``Joshua Tree National Park 
     Proposed Wilderness Additions'', and dated March 2008, is 
     designated as wilderness and is incorporated in, and shall be 
     deemed to be a part of, the Joshua Tree Wilderness designated 
     by section 1(g) of Public Law 94-567 (90 Stat. 2692; 16 
     U.S.C. 1132 note).
       (g) Orocopia Mountains Wilderness Additions.--In accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.), certain 
     land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 4,635 
     acres, as generally depicted on the map titled ``Orocopia 
     Mountains Proposed Wilderness Addition'', and dated May 8, 
     2008, is designated as wilderness and is incorporated in, and 
     shall be deemed to be a part of, the Orocopia Mountains 
     Wilderness as designated by paragraph (44) of section 102 of 
     Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note), 
     except that the wilderness boundaries established by this 
     subsection in Township 7 South are intended to exclude--
       (1) a corridor 250 feet north of the centerline of the 
     Bradshaw Trail;
       (2) a corridor 250 feet from both sides of the centerline 
     of the vehicle route in the unnamed wash that flows between 
     the Eagle Mountain Railroad on the south and the existing 
     Orocopia Mountains Wilderness boundary; and
       (3) a corridor 250 feet from both sides of the centerline 
     of the vehicle route in the unnamed wash that flows between 
     the Chocolate Mountain Aerial Gunnery Range on the south and 
     the existing Orocopia Mountains Wilderness boundary.
       (h) Palen/McCoy Wilderness Additions.--In accordance with 
     the Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 22,645 acres, as 
     generally depicted on the map titled ``Palen-McCoy Proposed 
     Wilderness Additions'', and dated May 8, 2008, is designated 
     as wilderness and is incorporated in, and shall be deemed to 
     be a part of, the Palen/McCoy Wilderness as designated by 
     paragraph (47) of section 102 of Public Law 103-433 (108 
     Stat. 4472; 16 U.S.C. 1132 note).
       (i) Pinto Mountains Wilderness.--In accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), certain land 
     administered by the Bureau of Land Management in Riverside 
     County, California, comprising approximately 24,404 acres, as 
     generally depicted on the map titled ``Pinto Mountains 
     Proposed Wilderness'', and dated February 21, 2008, is 
     designated as wilderness and, therefore, as a component of 
     the National Wilderness Preservation System, which shall be 
     known as the ``Pinto Mountains Wilderness''.
       (j) Chuckwalla Mountains Wilderness Additions.--In 
     accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), 
     certain land administered by the Bureau of Land Management in 
     Riverside County, California, comprising approximately 12,815 
     acres, as generally depicted on the map titled ``Chuckwalla 
     Mountains Proposed Wilderness Addition'', and dated May 8, 
     2008, is designated as wilderness and is incorporated in, and 
     shall be deemed to be a part of the Chuckwalla Mountains 
     Wilderness as designated by paragraph (12) of section 102 of 
     Public Law 103-433 (108 Stat. 4472; 16 U.S.C. 1132 note).
       (k) Maps and Descriptions.--
       (1) In general.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area and wilderness 
     addition designated by this section with the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Force of law.--A map and legal description filed under 
     paragraph (1) shall have the same force and effect as if 
     included in this title, except that the Secretary may correct 
     errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.
       (l) Utility Facilities and Corridors.--The wilderness areas 
     and wilderness additions designated by this section are 
     intended to exclude rights of way for existing utility 
     facilities, such as power, gas, and telecommunications lines, 
     and associated structures and access roads, and existing 
     designated utility corridors. Nothing in this section or the 
     Wilderness Act shall be construed to prohibit construction, 
     operation, and maintenance, using standard industry 
     practices, of existing utility facilities located outside of 
     the wilderness areas and wilderness additions designated by 
     this section.

     SEC. 103. JOSHUA TREE NATIONAL PARK POTENTIAL WILDERNESS.

       (a) Designation of Potential Wilderness.--Certain land in 
     the Joshua Tree National Park, comprising approximately 
     43,300 acres, as generally depicted on the map numbered 156/
     80,055, and titled ``Joshua Tree National Park Proposed 
     Wilderness Additions'', and dated March 2008, is designated 
     potential wilderness and shall be managed by the Secretary of 
     the Interior insofar as practicable as wilderness until such 
     time as the land is designated as wilderness pursuant to 
     subsection (b).
       (b) Designation as Wilderness.--The land designated 
     potential wilderness by subsection (a) shall be designated as 
     wilderness and incorporated in, and be deemed to be a part 
     of, the Joshua Tree Wilderness designated by section 1(g) of 
     Public Law 94-567 (90 Stat. 2692; 16 U.S.C. 1132 note), 
     effective upon publication by the Secretary of the Interior 
     in the Federal Register of a notice that--
       (1) all uses of the land within the potential wilderness 
     prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) 
     have ceased; and
       (2) sufficient inholdings within the boundaries of the 
     potential wilderness have been acquired to establish a 
     manageable wilderness unit.
       (c) Map and Description.--
       (1) In general.--As soon as practicable after the date on 
     which the notice required by subsection (b) is published in 
     the Federal Register, the Secretary shall file a map and 
     legal description of the land designated as wilderness and 
     potential wilderness by this section with the Committee on 
     Natural Resources of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate.
       (2) Force of law.--The map and legal description filed 
     under paragraph (1) shall have the same force and effect as 
     if included in this title, except that the Secretary may 
     correct errors in the map and legal description.
       (3) Public availability.--Each map and legal description 
     filed under paragraph (1) shall be filed and made available 
     for public inspection in the appropriate office of the 
     Secretary.

     SEC. 104. ADMINISTRATION OF WILDERNESS.

       (a) Management.--Subject to valid existing rights, the land 
     designated as wilderness or as a wilderness addition by this 
     title shall be administered by the Secretary in accordance 
     with the Wilderness Act (16 U.S.C. 1131 et seq.), except 
     that--
       (1) any reference in that Act to the effective date of that 
     Act shall be deemed to be a reference to--
       (A) the date of the enactment of this Act; or
       (B) in the case of the wilderness addition designated by 
     subsection (b) of section 513, the date on which the notice 
     required by such subsection is published in the Federal 
     Register; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be deemed to be a reference to the 
     Secretary that has jurisdiction over the land.
       (b) Incorporation of Acquired Land and Interests.--Any land 
     within the boundaries of a wilderness area or wilderness 
     addition designated by this title that is acquired by the 
     United States shall--
       (1) become part of the wilderness area in which the land is 
     located; and
       (2) be managed in accordance with this title, the 
     Wilderness Act (16 U.S.C. 1131 et seq.), and any other 
     applicable law.
       (c) Withdrawal.--Subject to valid rights in existence on 
     the date of enactment of this Act, the land designated as 
     wilderness by this title is withdrawn from all forms of--
       (1) entry, appropriation, or disposal under the public land 
     laws;
       (2) location, entry, and patent under the mining laws; and
       (3) disposition under all laws pertaining to mineral and 
     geothermal leasing or mineral materials.
       (d) Fire Management and Related Activities.--
       (1) In general.--The Secretary may take such measures in a 
     wilderness area or wilderness addition designated by this Act 
     as are necessary for the control and prevention of fire, 
     insects, and diseases (including the use of prescribed 
     burning, priority treatments, or fuels reduction) in 
     accordance with section 4(d)(1) of the Wilderness Act (16 
     U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th 
     Congress.
       (2) Funding priorities.--The designation of wilderness 
     areas and wilderness additions by

[[Page 11831]]

     this title is not intended to alter the priorities afforded 
     the land so designated in allocating funds for fire and 
     related fuels management.
       (3) Revision and development of local fire management 
     plans.--As soon as practicable after the date of the 
     enactment of this Act, the Secretary shall amend the local 
     fire management plans that apply to the Santa Rosa Wilderness 
     and Agua Tibia Wilderness, and prepare local fire management 
     plans for the Beauty Mountain Wilderness, Cahuilla Mountain 
     Wilderness, and South Fork San Jacinto Wilderness Area, to 
     identify appropriate local officials to take such actions in 
     the wilderness areas as are necessary for fire prevention and 
     watershed protection consistent with paragraph (1), including 
     best management practices for fire pre-suppression and fire 
     suppression measures and techniques.
       (4) State or local agencies.--Consistent with paragraph (1) 
     and other applicable Federal law, the Secretary may delegate 
     by written agreement primary fire fighting authority and 
     related public safety activities to an appropriate State or 
     local agency.
       (e) Grazing.--Grazing of livestock in a wilderness area or 
     wilderness addition designated by this title shall be 
     administered in accordance with the provisions of section 
     4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the 
     guidelines set forth in House Report 96-617 to accompany H.R. 
     5487 of the 96th Congress.
       (f) Native American Uses and Interests.--
       (1) Effect of designation.--Nothing in the designation of 
     the Cahuilla Mountain Wilderness by this title affects the 
     unique cultural artifacts and sacred sites of the Indian 
     tribes that are contained within that wilderness area, as 
     identified by Indian tribes and the Forest Service.
       (2) Access and use.--To the extent practicable, the 
     Secretary shall ensure access to the Cahuilla Mountain 
     Wilderness by members of an Indian tribe for traditional 
     cultural purposes. In implementing this subsection, the 
     Secretary, upon the request of an Indian tribe, may 
     temporarily close to the general public use of one or more 
     specific portions of the wilderness area in order to protect 
     the privacy of traditional cultural activities in such areas 
     by members of the Indian tribe. Any such closure shall be 
     made to affect the smallest practicable area for the minimum 
     period necessary for such purposes. Such access shall be 
     consistent with the purpose and intent of Public Law 95-341 
     (42 U.S.C. 1996), commonly referred to as the American Indian 
     Religious Freedom Act, and the Wilderness Act (11 U.S.C. 1131 
     et seq.).
       (3) Indian tribe defined.--In this subsection, the term 
     ``Indian tribe'' means any Indian tribe, band, nation, or 
     other organized group or community of Indians which is 
     recognized as eligible by the Secretary of the Interior for 
     the special programs and services provided by the United 
     States to Indians because of their status as Indians.

              TITLE II--WILD AND SCENIC RIVER DESIGNATIONS

     SEC. 201. WILD AND SCENIC RIVER DESIGNATIONS, RIVERSIDE 
                   COUNTY, CALIFORNIA.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended by adding at the end the following new 
     paragraphs:
       ``(_) North Fork San Jacinto River, California.--The 
     following segments of the North Fork San Jacinto River in the 
     State of California, to be administered by the Secretary of 
     Agriculture:
       ``(A) The 2.12-mile segment from the source of the North 
     Fork San Jacinto River at Deer Springs in Mt. San Jacinto 
     State Park to the State Park boundary, as a wild river.
       ``(B) The 1.66-mile segment from the Mt. San Jacinto State 
     Park boundary to the Lawler Park boundary in section 26, 
     township 4 south, range 2 east, San Bernardino meridian, as a 
     scenic river.
       ``(C) The 0.68-mile segment from the Lawler Park boundary 
     to its confluence with Fuller Mill Creek, as a recreational 
     river.
       ``(D) The 2.15-mile segment from its confluence with Fuller 
     Mill Creek to .25 miles upstream of the 5S09 road crossing, 
     as a wild river.
       ``(E) The 0.6-mile segment from .25 miles upstream of the 
     5S09 Road crossing to its confluence with Stone Creek, as a 
     scenic river.
       ``(F) The 2.91-mile segment from the Stone Creek confluence 
     to the northern boundary of section 17, township 5 south, 
     range 2 east, San Bernardino meridian, as a wild river.
       ``(_) Fuller Mill Creek, California.--The following 
     segments of Fuller Mill Creek in the State of California, to 
     be administered by the Secretary of Agriculture:
       ``(A) The 1.2-mile segment from the source of Fuller Mill 
     Creek in the San Jacinto Wilderness to the Pinewood property 
     boundary in section 13, township 4 south, range 2 east, San 
     Bernardino meridian, as a scenic river.
       ``(B) The 0.9-mile segment in the Pine Wood property, as a 
     recreational river.
       ``(C) The 1.4-mile segment from the Pinewood property 
     boundary in section 23, township 4 south, range 2 east, San 
     Bernardino meridian, to its confluence with the North Fork 
     San Jacinto River, as a scenic river.
       ``(_) Palm Canyon Creek, California.--The 8.1-mile segment 
     of Palm Canyon Creek in the State of California from the 
     southern boundary of section 6, township 7 south, range 5 
     east, San Bernardino meridian, to the San Bernardino National 
     Forest boundary in section 1, township 6 south, range 4 east, 
     San Bernardino meridian, to be administered by the Secretary 
     of Agriculture as a wild river, and the Secretary shall enter 
     into a cooperative management agreement with the Agua 
     Caliente Band of Cahuilla Indians to protect and enhance 
     river values.
       ``(_) Bautista Creek, California.--The 9.8-mile segment of 
     Bautista Creek in the State of California from the San 
     Bernardino National Forest boundary in section 36, township 6 
     south, range 2 east, San Bernardino meridian, to the San 
     Bernardino National Forest boundary in section 2, township 6 
     south, range 1 east, San Bernardino meridian, to be 
     administered by the Secretary of Agriculture as a 
     recreational river.''.

 TITLE III--ADDITIONS AND TECHNICAL CORRECTIONS TO SANTA ROSA AND SAN 
                  JACINTO MOUNTAINS NATIONAL MONUMENT

     SEC. 301. BOUNDARY ADJUSTMENT, SANTA ROSA AND SAN JACINTO 
                   MOUNTAINS NATIONAL MONUMENT.

       Section 2 of the Santa Rosa and San Jacinto Mountains 
     National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 
     1362; 16 U.S.C. 431 note) is amended by adding at the end the 
     following new subsection:
       ``(e) Expansion of Boundaries.--In addition to the land 
     described in subsection (c), the boundaries of the National 
     Monument shall include the following lands identified as 
     additions to the National Monument on the map titled `Santa 
     Rosa-San Jacinto National Monument Expansion and Santa Rosa 
     Wilderness Addition', and dated March 12, 2008:
       ``(1) The `Santa Rosa Peak Area Monument Expansion'.
       ``(2) The `Snow Creek Area Monument Expansion'.
       ``(3) The `Tahquitz Peak Area Monument Expansion'.
       ``(4) The `Southeast Area Monument Expansion', which is 
     designated as wilderness in section 512(d), and is thus 
     incorporated into, and shall be deemed part of, the Santa 
     Rosa Wilderness.''.

     SEC. 302. TECHNICAL AMENDMENTS TO THE SANTA ROSA AND SAN 
                   JACINTO MOUNTAINS NATIONAL MONUMENT ACT OF 
                   2000.

       Section 7(d) of the Santa Rosa and San Jacinto Mountains 
     National Monument Act of 2000 (Public Law 106-351; 114 U.S.C. 
     1362; 16 U.S.C. 431 note) is amended by striking ``eight'' 
     and inserting ``a majority of the appointed''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Costa) and the gentleman from California (Mr. Nunes) 
each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. COSTA. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. COSTA. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 3682 will designate more than 180,000 acres of new and potential 
wilderness in Riverside County, California. H.R. 3682 also will add 31 
miles of new river segments to the National Wild and Scenic River 
System and add nearly 8,400 acres to the Santa Rosa-San Jacinto 
Mountains National Monument.
  This legislation is carried by Representative Bono Mack, the author 
of the bill. We want to commend her on her diligence. She has spent 
years crafting this legislation. Her hard work has paid off with a 
conservation achievement that takes careful account of fire concerns, 
which are oftentimes a part of the natural conditions of that area, 
recreational interests and all of the magnificent resources that lie 
within her beautiful district.
  This measure, H.R. 3682, will protect dramatic mountain vistas and 
vast desert landscapes, coastal sage and scrub and chaparral, and 
ancient Joshua trees. The areas covered by the bill include the largest 
ironwood ecosystem in the California desert, and one of the most 
pristine watersheds in southwestern California.
  This legislation has broad support from over 400 organizations and 
businesses including local, State and national wilderness groups, as 
well as the National Hispanic Environmental Council.
  Mr. Speaker, I urge Members to support this measure, H.R. 3682, as 
amended.
  I reserve the balance of my time.
  Mr. NUNES. Mr. Speaker, I yield myself such time as I may consume.
  I want to commend Congresswoman Mary Bono Mack for including the 
language in this wilderness legislation that will allow fuels reduction 
and prescribed burns in wilderness areas, just as the 1964 Wilderness 
Act allows.

[[Page 11832]]

  Also commendable is codifying an energy corridor which will allow 
renewable energy to be created and transferred through this new 
wilderness area.
  I would like to thank Chairman Rahall and his staff for allowing this 
language to be included in the bill, and I look forward to seeing this 
commonsense language included in future wilderness legislation. It will 
help protect lives and help provide energy which I think is critical as 
we begin to look at new wilderness areas being created around the 
country.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COSTA. I reserve.
  Mr. NUNES. Mr. Speaker, I would like to yield such time as he may 
consume to the gentleman from Georgia (Mr. Westmoreland).
  Mr. WESTMORELAND. I thank my friend for yielding.
  It was mentioned a while ago about all of the different land that was 
available for oil companies to drill in, that they weren't taking 
advantage of, and I would like to quote some figures, Mr. Speaker, for 
you and for the American people to hear because one of the things, I 
guess, that is part of this secret plan for our energy is to tax oil 
companies. Somehow the majority has got in their mind by taxing 
companies, the price of their product is going to come down. I don't 
understand that, and I know that most of the people in the Third 
Congressional District of Georgia do not understand that, and I am sure 
there are probably people all over the world that don't understand 
that. But that seems to be their answer to everything, is to raise 
taxes.
  When you talk about, Mr. Speaker, domestic oil and gas production, in 
2006 the top 27 U.S. energy producing companies paid $81.5 billion in 
corporate Federal income taxes. That is $81.5 billion in corporate 
taxes, an 81 percent increase over 2004. In addition, they paid $3.1 
billion in State and local government taxes. Those 27 companies paid 21 
percent of the total corporate income taxes collected by this Federal 
Government in 2006. These 27 companies paid 21 percent of all the 
corporate taxes paid into the Federal Government.
  Yet these 27 companies make up one one-thousandth of the domestic 
corporate filers. And yet they paid 21 percent of all the total 
corporate Federal taxes paid into our treasury.
  Total non-income taxes paid in 2006 by the big 27 was $8.2 billion, 
and that was a 46 percent increase over 2004. Excise taxes collected by 
these same 27 companies on behalf of the Federal, State and local 
governments total $48.1 billion in 2006.
  In 2006, these 27 companies were responsible for 44 percent of the 
total U.S. crude oil and natural gas production, and 81 percent of the 
domestic refining capacity.
  For fiscal year 2006, $10.48 billion was collected in the form of 
bonus bids, rent and royalties from oil and gas companies operating on 
Federal lands.
  The OCS, the Outer Continental Shelf, covers 1.7 billion acres of 
which 85 percent is off-limits to drilling. However, the Minerals 
Management Service broke records for bonus bids in several recent OCS 
lease sales. Last summer in the western gulf off the shore of Texas 
they received more than $289.9 million for tracts totaling 18 million 
acres. In February 2008 they received $2.6 billion for leases covering 
approximately 2.7 million acres in the Chukchi Sea. And in March, they 
received $3.7 billion in bonus bids in the central and eastern Gulf of 
Mexico.
  The CRS estimates that ANWR production would deliver $191.1 billion 
in corporate income tax and royalty to the Federal treasury at today's 
prices.
  So while they may not be drilling, you can see that 85 percent of the 
Federal land is off-limits. Maybe the land that they have to drill on 
doesn't have any oil reserves under it, any natural gas under it, any 
coal under it. That would be something, Mr. Speaker, for the chairman 
of the subcommittee to tell us, if there are any oil reserves or 
natural gas reserves or coal reserves under this 85 percent of Federal 
lands that does not have the ability to be drilled under. And then if 
it does have reserves for oil or natural gas or coal, maybe he could 
tell us, Mr. Speaker, why we can't drill there, why it is off-limits, 
what technology are we missing to be able to drill in an 
environmentally friendly way.
  So yes, some of these companies do have land that they may be able to 
drill on. But as we see that this is a profitable thing for the Federal 
Government, to allow those companies to drill domestically, we can see 
the amount of money that it brings in. And goodness knows, the way the 
majority party loves to spend money, they passed a thing called PAYGO, 
the American people pay and we will go spend it. Now this is a great 
opportunity to get more revenue coming into our treasury by allowing us 
to take advantage of our own resources that we have in this country.
  Mr. COSTA. Mr. Speaker, as the chairman of the Subcommittee on Energy 
and Minerals on Public Lands, it is my opinion that the oil and gas 
companies would not be buying the leases to these lands if they did not 
believe that oil and gas could be produced there. Yet these same 
companies are producing in other areas. Two months ago I was in the 
Gulf of Mexico surveying a lot of good work that is being done there, 
American companies and others that are actively drilling for both oil 
and gas.
  But let me repeat again the current circumstance which we are dealing 
with. Trends include not only the fact that 13 million acres are 
actually being used out of the 47 million acres that are on shore, but 
when you look at offshore, 10 million acres of the gas and oil land 
that has been leased to these companies are being used out of the 44 
million acres that are currently being leased.
  If we extrapolate from that, the fact is that today's production 
rates on Federal land and waters, we can estimate that 68 million acres 
of leased but currently inactive Federal land and waters could produce 
4.8 million barrels of oil and 44.7 billion cubic feet of natural gas 
each day, if the vast amount of land that is leased on which permits to 
drill have been allowed but is not currently being utilized were taking 
place. Are there other opportunities or options out there along with 
all of the other variables of trying to come together with a 
comprehensive energy plan, certainly. But I think my parents told me a 
long time ago that to be prudent, you first ought to use those 
available resources that have been approved by both the Federal 
Government in terms of Federal lands, both on shore as well as 
offshore, and the States that we are also dealing with in the 
circumstance.
  So we are inventorying them and keeping a close eye on it, and we 
want to encourage that those lands already leased are utilized to the 
degree they could be utilized. And clearly, obviously, we will continue 
to look at all of the renewable sources of energy that are in our 
energy toolbox because there is no one silver bullet.
  I reserve the balance of my time.
  Mr. NUNES. Mr. Speaker, I would like to inquire how much time is 
remaining.
  The SPEAKER pro tempore. The gentleman from California (Mr. Nunes) 
has 13 minutes. The gentleman from California (Mr. Costa) has 15\1/2\ 
minutes.

                              {time}  1500

  Mr. NUNES. I yield myself as much time as I may consume.
  The key here, Mr. Speaker, is that 86 percent of our Federal lands 
are off-use for drilling. What we have to really recognize in this 
country is that we have to quit blaming people and have to start, in my 
opinion, place the blame on ourselves. It's not a Democrat problem; 
it's not a Republican problem. It's the whole Congress itself that's 
the problem, because for decades now, we haven't been able to open up 
the Federal lands for drilling for oil. And there's a lot of us in this 
body who believe that what we ought to do is open up these areas for 
drilling, but, instead of using that tax revenue to go to pay for a lot 
of the things that we waste money here in Washington on, but instead 
take that tax revenue and invest it into the next generation of energy. 
That's what we're attempting

[[Page 11833]]

to do on the Republican side of the aisle.
  We actually, I've worked with, including Mr. Costa and other 
Democrats, to develop bipartisan legislation that would, in fact, open 
these areas up for drilling, and then basically make the largest 
investment in American-made energy in our Nation's history. And that's 
how we move from fossil fuels to the next generation of clean and 
renewable energy.
  Today a half a percent of our total energy is produced from solar and 
wind power; and so to think that we're going to go from a half a 
percent anywhere close to the energy needs that we need, it's not 
possible at this time, Mr. Speaker, and we need to be honest with the 
American people about what really is the problem, why don't we have an 
abundant energy availability in this country? Why are we exporting so 
many dollars overseas?
  And the longer that we sit around and blame oil companies or blame 
OPEC or blame speculators, quite frankly, the longer it is the American 
people are going to be paying $5 per gallon per gas, as they are in 
California, or possibly even higher.
  What I'd like to see us do, Mr. Speaker, I said this earlier, 
bringing bills to the floor that are not only wilderness bills but 
would actually open up large vast areas for drilling, and not only 
bringing these bills to the floor, but bringing them up in a way where 
they don't come to the floor with a closed rule, where the Republicans 
can't offer any of their alternatives. Because, essentially, what's 
happening is that a majority of this Congress, I believe, both 
Republicans and Democrats, would vote to open up for drilling in this 
country. They would vote for that. We'd probably get 230, 240 votes, I 
would think. Because a lot of the folks that were elected last year, 
that helped put the Democrats in the majority, they ran on a pro-
drilling platform. The problem is that we have to allow those people 
that were elected here, the new Members to this body, to have a chance, 
under an open rule, to vote on things that will really make substantial 
impacts for the American people.
  And I believe that if we have open rules in this Congress, where we 
bring bills to the floor that we can actually vote on, the majority 
will rule, and it would be a majority of Republicans and Democrats 
working together to open up our energy resources in this country so 
that we can begin to rely on American-made energy, and not continuing 
to export so many dollars outside of this country, which is, in my 
opinion, one of the most irresponsible things that this Congress has 
done for decades.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. COSTA. In closing, Mr. Speaker, I'd urge the Members to support 
H.R. 3682, as amended, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Costa) that the House suspend the rules 
and pass the bill, H.R. 3682, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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