[House Report 104-658]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-658
_______________________________________________________________________


 
 AUTHORIZING APPROPRIATIONS FOR THE BUREAU OF LAND MANAGEMENT FOR EACH 
                 OF THE FISCAL YEARS 1997 THROUGH 2002

                                _______
                                

  July 8, 1996.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3290]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3290) to authorize appropriations for the Bureau of Land 
Management for each of the fiscal years 1997 through 2002, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3290 is to authorize appropriations for 
the Bureau of Land Management (BLM) of the Department of the 
Interior for each of fiscal years 1997 through 2002.

                  Background and Need for Legislation

    The Federal Land Management Policy Act of 1976 (FLPMA) 
required that the BLM be reauthorized by Congress every four 
years beginning in 1978. Pursuant to FLPMA, one quadrennial 
reauthorization was enacted in 1978 and expired in 1982. The 
BLM is the only agency in the Department of the Interior that 
is not permanently authorized. Since 1982, the BLM has been 
operating without an authorization. Annual appropriations have 
continued only because the House has adopted rules waiving 
points of order against consideration of appropriations for the 
unauthorized BLM programs.
    In 1989, the then Interior Appropriations Subcommittee 
Chairman Sidney R. Yates (D-IL) asked Congressman Bruce F. 
Vento (D-MN) to attempt to reauthorize BLM. Although this 
effort began initially as a ``clean'' four year authorization, 
it quickly degenerated into a vehicle that contained some of 
the most radical agenda items of the national preservation 
lobby. Although these authorization bills passed the House in 
1989 and 1991, they quickly died in the Senate because of 
militant opposition by Republican Senators on the Energy and 
Natural Resources Committee.
    On May 25, 1993, the Subcommittee on National Parks, 
Forests and Public Lands held a hearing on H.R. 1603, a lengthy 
bill that contained very controversial provisions regarding 
buffer zones, RS 2477 rights-of-way, biological diversity, and 
national conservation areas. At the hearing, the Director of 
the BLM requested the agency be reauthorized for one year to 
enable the new Administration to provide more meaningful 
legislative input toward a longer reauthorization bill in the 
future.
    As a result of the hearing, Congressman Vento introduced 
H.R. 2530 on June 24, 1993. The bill amended FLPMA to provide 
for a ``clean'' reauthorization until October 1, 1994. H.R. 
2530 passed the House on September 13, 1993, under Suspension 
of the Rules, but died at the end of the 103rd Congress because 
it was never considered in the Senate.
    Another effort to provide a ``clean'' authorization was 
started in the 104th Congress. H.R. 1077 was introduced by 
Congressman James V. Hansen (R-UT). Although H.R. 1077 passed 
the Full Resources Committee by voice vote on March 29, 1995, 
because of a controversy regarding the bill report, the 
Committee was unable to obtain consideration of H.R. 1077 on 
the House floor. Therefore, Congressman Wes Cooley (R-OR) 
introduced H.R. 3290, another clean reauthorization bill 
similar to the Resources Committee-passed H.R. 1077.

                            Committee Action

    H.R. 3290 was introduced on April 23, 1996, by Congressman 
Wes Cooley and cosponsored by Congressmen Don Young (R-AK), 
James V. Hansen and Ralph Regula (R-OH). The bill was referred 
to the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands. On March 9, 
1995, the Subcommittee held a hearing on H.R. 1077, which is 
nearly identical to H.R. 3290, where Acting Director Dombeck of 
the BLM testified in support of H.R. 1077.
    On June 19, 1996, the Full Resources Committee met to mark 
up H.R. 3290. The Committee discharged the bill from the 
Subcommittee and ordered it favorably reported to the House of 
Representatives by voice vote.

                      Section-by-Section Analysis

    The bill would amend FLPMA to authorize BLM appropriations 
for six fiscal years, 1997 through 2002.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of Rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of Rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 3290 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7(a) of Rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 3290. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
Rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
3290 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 3290.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
3290 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 27, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3290, a bill to 
authorize appropriations for the Bureau of Land Management for 
each of the fiscal years 1997 through 2002.
    Enacting H.R. 3290 would not affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply 
to the bill.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

               congressional budget office cost estimate

    1. Bill number: H.R. 3290.
    2. Bill title: A bill to authorize appropriations for the 
Bureau of Land Management for each of the fiscal years 1997 
through 2002.
    3. Bill status: As ordered reported by the House Committee 
on Resources on June 19, 1996.
    4. Bill purpose: H.R. 3290 would authorize the 
appropriation of such sums as may be necessary to carry out the 
activities of the Bureau of Land Management (BLM) for six 
fiscal years, 1997 through 2002.
    5. Estimated cost to the Federal Government: The following 
table shows estimated authorization levels for all BLM accounts 
authorized by the Federal Land Policy and Management Act of 
1976 (FLPMA). Because the bill does not provide specific 
authorization levels for these accounts, the table shows two 
alternative sets of authorization levels: the 1996 
appropriations without any adjustment for inflation and the 
1996 appropriations with adjustment for inflation. Outlay 
estimates are based on historical spending rates for the 
affected BLM programs and assume that appropriations will be 
provided before the start of each fiscal year.

----------------------------------------------------------------------------------------------------------------
                                                                  1996   1997   1998   1999   2000   2001   2002
----------------------------------------------------------------------------------------------------------------
Projected spending under current law:                                                                           
    Budget authority \1\.......................................    596      0      0      0      0      0      0
    Estimated outlays..........................................    620    115     15      1      0      0      0
                                                                                                                
                WITHOUT ADJUSTMENT FOR INFLATION                                                                
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level..............................      0    596    596    596    596    596    596
    Estimated outlays..........................................      0    498    589    596    596    596    596
Projected spending under H.R. 3290:                                                                             
    Estimated authorization level \1\..........................    596    596    596    596    596    596    596
    Estimated outlays..........................................    620    613    605    597    596    596    596
                                                                                                                
                 WITH ADJUSTMENT FOR INFLATION                                                                  
                                                                                                                
Proposed changes:                                                                                               
    Estimated authorization level..............................      0    617    640    661    683    707    731
    Estimated outlays..........................................      0    516    629    657    679    703    727
Projected spending under H.R. 3290:                                                                             
    Estimated authorization level \1\..........................    596    617    640    661    683    707    731
    Estimated outlays..........................................    620    631    645    658    679    703    727
----------------------------------------------------------------------------------------------------------------
\1\ The 1996 level is the amount actually appropriated for programs authorized by this bill.                    

    The costs of this bill fall within budget function 300.
    6. Basis of estimate: Under current law, authorizations for 
BLM spending expired in 1982 for the accounts authorized by 
FLPMA. Congress has continued to provide funds for these 
accounts in annual appropriations, bills, however. BLM accounts 
authorized by FLPMA are (1) Management of Lands and Resources, 
(2) Construction and Access, (3) Range Improvements, (4) 
Service Charges, Deposits and Forfeitures, and (5) 
Miscellaneous Trust Funds. Appropriations for these five 
accounts total $596 million in fiscal year 1996. Other BLM 
accounts not authorized by FLPMA--and which would not, 
therefore, be affected by enactment of H.R. 3290--are excluded 
from this estimate.
    7. Pay-as-you-go considerations: None.
    8. Estimated cost to State, local, and tribal governments: 
H.R. 3290 contains no intergovernmental mandates as defined in 
Public Law 104-4 and would impose no costs on State, local, or 
tribal governments.
    9. Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in Public Law 
104-4.
    10. Previous CBO estimate: None.
    11. Estimate prepared by: Federal Cost Estimate: Victoria 
V. Heid. State and Local Government Impact: Marjorie Miller. 
Private-Sector Impact: Amy Downs.
    12. Estimate approved by: Robert A. Sunshine (for Paul N. 
Van de Water, Assistant Director for Budget Analysis).

                    Compliance With Public Law 104-4

    H.R. 3290 contains no unfunded mandates.

                          Departmental Reports

    The Committee received a favorable report on H.R. 3290 from 
the Department of the Interior on June 18, 1996. No other 
reports have been received on H.R. 3290.

                   U.S. Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, June 18, 1996.
Re H.R. 3290--To authorize appropriations for the Bureau of Land 
        Management for each of the fiscal years 1997 through 2002.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Chairman Young: Thank you for the opportunity to 
comment on H.R. 3290, legislation that would amend the Federal 
Land Policy and Management Act of 1976 (FLPMA) to authorize the 
appropriation of such sums as may be necessary to carry out the 
activities of the Bureau of Land Management (BLM) for six 
fiscal years--1997 through 2002. The Department of the Interior 
strongly supports authorization of the BLM, and specifically 
supports the authorization provided in H.R. 3290.
    FLPMA required that the BLM be reauthorized by Congress 
every four years, beginning in 1978. Pursuant to FLPMA, one 
quadrennial reauthorization was enacted in 1978 and expired in 
1982. The BLM is the only Congressionally-chartered agency in 
the Department of the Interior and the only land managing 
agency in the Federal government that is not permanently 
authorized. This has led to uncertainty and confusion, and 
required the House of Representatives to suspend its rules in 
order to appropriate funds for the Bureau's programs.
    The BLM manages 270 million acres of public lands and over 
570 million acres of mineral estate. Its mission is to sustain 
the health, diversity, and productivity of these lands and 
waters for the use and enjoyment of present and future 
generations. The Bureau works closely with local communities, 
States, users of the public lands, and others to provide the 
American people with multiple social, environmental, economic, 
recreational, aesthetic, and spiritual benefits.
    The proposed legislation will help the BLM to operate 
effectively and efficiently. It will eliminate the uncertainty 
that has been present the past few years, as the House of 
Representatives has had to adopt rules waiving points of order 
against consideration of appropriations for an unauthorized 
bureau. In short, the Department of the Interior strongly 
supports passage of H.R. 3290.
            Sincerely,
                                     Bob Armstrong,
                                  Assistant Secretary, Land
                                           and Minerals Management.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

   SECTION 318 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

                      appropriation authorization

    Sec. 318. (a) There are hereby authorized to be 
appropriated such sums as are necessary to carry out the 
purposes and provisions of this Act, but no amounts shall be 
appropriated to carry out after [October 1, 1978,] October 1, 
2002, any program, function, or activity of the Bureau under 
this or any other Act unless such sums are specifically 
authorized to be appropriated as of the date of approval of 
this Act or are authorized to be appropriated in accordance 
with the provisions of subsection (b) of this section.
          * * * * * * *