[House Report 106-65]
[From the U.S. Government Publishing Office]





106th Congress                                                   Report
  1st Session           HOUSE OF REPRESENTATIVES                 106-65

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



 
                  OTAY MOUNTAIN WILDERNESS ACT OF 1999

                                _______
                                

 March 17, 1999.--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. 15]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 15) to designate a portion of the Otay Mountain region of 
California as wilderness, having considered the same, report 
favorably thereon without amendments and recommend that the 
bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 15 is to designate a portion of the 
Otay Mountain region of California as wilderness.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Otay Mountains, near the U.S.-Mexico border, are a 
unique region with diverse natural values. The area has good 
opportunities for solitude and primitive recreation and is 
particularly important to the people of San Diego City and 
County. The area contains several sensitive species, including 
the only known population of the Mexican flannel bush, and the 
only known stand of Tecate Cypress.
    In the 1980s the Bureau of Land Management recommended a 
large portion of these mountains be designated as wilderness, 
and this recommendation has received strong public support. All 
parties seem to agree that the area needs protection.
    The Otay Mountain Wilderness Act of 1999 would designate 
about 18,500 acres of the Otay Mountain region as wilderness to 
protect its sensitive resources and preserve it for future 
generations.
    During negotiations and hearings on H.R. 15 several sources 
expressed concern that wilderness designation in the Otay 
Mountain region could adversely affect Border Patrol and drug 
interdiction activities. The Border Patrol assured the 
Committee that because the roads in the area excluded from the 
wilderness area, and given the language in section 6(b) of the 
bill, border operations would not be adversely affected by 
wilderness designation. Given these assurances, the Committee 
decided not to amend section 6(b). It should be emphasized, 
however, that should problems arise, the Committee will not 
hesitate to push for amendments to this legislation to ensure 
effective law enforcement.

                            COMMITTEE ACTION

    H.R. 15 was introduced on January 6, 1999, by Congressman 
Brian Bilbray (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands. On February 4, 1999, the 
Subcommittee held a hearing on the bill, where the 
Administration testified in support of H.R. 15. On February 25, 
1999, the Subcommittee met to mark up the bill. No amendments 
were offered. The bill was then ordered favorably reported to 
the Full Committee by voice vote. On March 3, 1999, the Full 
Resources Committee met to consider the bill. No amendments 
were offered. The bill was then ordered favorably reported to 
the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 12, 1999.
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. 15, the Otay 
Mountain Wilderness Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria Heid 
Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 15--Otay Mountain Wilderness Act of 1999

    CBO estimates that implementing H.R. 15 would not have a 
significant impact on the federal budget. Because H.R. 15 would 
not affect direct spending or receipts, pay-as-you-go 
procedures would not apply. H.R. 15 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    H.R. 15 would designate as wilderness about 18,500 acres of 
public land in the California Desert District of the Bureau of 
Land Management (BLM). According to BLM, because the agency 
already manages the land as a wilderness study area, 
designating it as wilderness would not result in any 
significant increase in administrative costs. In addition, 
based on information from BLM, we estimate that this wilderness 
designation is unlikely to have any effect on offsetting 
receipts.
    The CBO staff contact is Victoria Heid Hall. This estimate 
was approved by Robert A. Sunshine, Deputy Assistant Director 
for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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