[House Report 106-831]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-831

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



 
          CARRIZO PLAIN NATIONAL CONSERVATION AREA ACT OF 2000

                                _______
                                

 September 7, 2000.--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. 1751]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1751) to establish the Carrizo Plain National 
Conservation Area in the State of California, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Carrizo Plain National Conservation 
Area Act of 2000''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) The public lands administered by the Bureau of Land 
        Management in the State of California within the Carrizo Plain 
        contain the last remnants of the once vast San Joaquin Valley 
        grasslands that covered a large expanse of central California.
          (2) As a remnant ecosystem, these lands provide the best 
        remaining contiguous habitat for a number of State or federally 
        listed endangered species or threatened species, including the 
        San Joaquin kit fox, the blunt-nosed leopard lizard, the giant 
        kangaroo rat, and the San Joaquin antelope squirrel, and 
        numerous other federally or State listed or sensitive plant and 
        animal species. Many other important species of native wildlife 
        inhabit the area, such as pronghorn antelope and tule elk.
          (3) In addition to its biological diversity, Carrizo Plain 
        contains nationally significant cultural and historical sites 
        which are very important to indigenous peoples in the area for 
        religious and traditional cultural purposes.
          (4) The Carrizo Plain area also contains one of the best and 
        most visible exposures of the geologically unique San Andreas 
        fault, which is the boundary between the Pacific Plate (on the 
        west) which moves northward relative to the North American 
        Plate (on the east) and has and will continue to play a 
        critical role in the evolution and future of California.
          (5) The Carrizo Plain offers unique research, interpretive, 
        and educational opportunities, and significant recreation 
        opportunities for the public.
          (6) Since 1985, the Carrizo Plain has been cooperatively 
        managed by the Bureau of Land Management, the California 
        Department of Fish and Game, and The Nature Conservancy, each 
        of which owns a part of the Carrizo Plain and all of which work 
        closely together in a manner that makes jurisdictional 
        differences among them nearly transparent.
          (7) A cooperative management plan has been prepared for the 
        Carrizo Plain by the Bureau of Land Management, the California 
        Department of Fish and Game, and The Nature Conservancy, with 
        full public involvement, that sets the stage for long-term 
        joint management of the area for public use and enjoyment.
          (8) This management plan is based on the agencies' joint 
        primary mission as set forth in the plan to ``manage the 
        Carrizo Plain . . .  so indigenous species interact within a 
        dynamic and fully functioning ecosystem in perpetuity while 
        conserving unique natural and cultural resources and 
        maintaining opportunities for compatible scientific, cultural, 
        social, and recreational activities''. In this context, and 
        under the basic principles of multiple use and sustained yield, 
        other resource uses, such as livestock grazing and recreation 
        use, are allowed under the management plan in the conservation 
        area if they are managed in a manner compatible with that 
        primary mission.

SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA.

  (a) Establishment and Purposes.--To preserve the nationally 
significant biological, geological, cultural, and recreation values 
found in the Carrizo Plain, California, as an enduring legacy of our 
heritage, and to secure for future generations the opportunity to 
experience those values in an environment rich in biological diversity 
and natural beauty, the area described in subsection (b) is hereby 
designated as the Carrizo Plain National Conservation Area.
  (b) Area Described.--
          (1) Boundary map.--The area referred to in subsection (a) 
        consists of approximately 250,000 acres of lands and waters, 
        and interests therein, as generally depicted on the map 
        entitled ``Boundary Map, Carrizo Plain National Conservation 
        Area'', dated February 1999.
          (2) Legal description.--As soon as practicable after the date 
        of the enactment of this Act, the Secretary shall file a legal 
        description of the conservation area with the Committee on 
        Resources of the House of Representatives and with the 
        Committee on Energy and Natural Resources of the Senate. Such 
        legal description shall have the same force and effect as if 
        included in this Act, subject to paragraph (3).
          (3) Revisions and corrections.--The Secretary may--
                  (A) make minor revisions in the boundary of the 
                conservation area; and
                  (B) correct clerical and typographical errors in the 
                map and legal description referred to in paragraphs (1) 
                and (2), respectively.
          (4) Public availability.--The Secretary shall keep the map 
        and legal description referred to in paragraphs (1) and (2), 
        respectively, on file and available for public inspection in 
        the offices of the Director in the District of Columbia and in 
        Sacramento and Bakersfield, California.

SEC. 4. MANAGEMENT OF THE CONSERVATION AREA.

  (a) In General.--The Secretary, acting through the Director, shall 
manage the public lands within the conservation area in a manner that 
conserves, protects, and enhances its resources and values in 
accordance with this Act, and pursuant to the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), and in accordance with 
all applicable laws and the management plan.
  (b) Uses.--The Secretary shall allow only such uses of the 
conservation area as the Secretary finds will further the purposes for 
which the conservation area is designated.
  (c) Vehicular Use.--Use of motorized vehicles or mechanized transport 
in the conservation area is prohibited, except--
          (1) where needed for administrative purposes or to respond to 
        an emergency; or
          (2) on roads and trails that--
                  (A) existed as of May 11, 1999; and
                  (B) are specifically designated for such use as part 
                of the management plan revised pursuant to subsection 
                (g).
  (d) Hunting and Fishing.--Hunting and fishing shall be permitted 
within the conservation area in accordance with applicable laws and 
regulations of the United States and the State of California; except 
that the Secretary, after consultation with the California Department 
of Fish and Game, may issue regulations designating zones where and 
establishing periods when no hunting or fishing shall be permitted for 
reasons of public safety, administration, or public use and enjoyment.
  (e) Grazing.--Livestock grazing within the conservation area shall be 
conducted in a manner that is compatible with the purposes for which 
the conservation area is established. The management plan revised 
pursuant to subsection (g) shall specify resource objectives to be met 
through grazing within the conservation area.
  (f) Interpretive Sites.--The Secretary may establish, in cooperation 
with other public or private entities as the Secretary may consider 
appropriate, interpretive sites that are minimal in scope to meet 
administrative and visitor needs of the conservation area. Any 
facilities for such sites shall be designed to protect cultural, 
historic, biologic, scientific, and esthetic values of the conservation 
area.
  (g) Review and Revision of Management Plan.--The Secretary of the 
Interior, in cooperation with the Director, the California Department 
of Fish and Game, affected landowners, and The Nature Conservancy--
          (1) shall, by not later than 1 year after the date of the 
        enactment of this Act, review the management plan referred to 
        in section 9(4) and make such revisions in that plan as are 
        necessary to ensure that it is consistent with the this Act and 
        with the conservation, enhancement, and protection of the 
        conservation area; and
          (2) may from time to time thereafter make such revisions as 
        are necessary to ensure that consistency.
  (h) Gifts.--The Secretary may accept, receive, hold, administer, and 
use any gift, devise, or bequest, absolutely or in trust, of real or 
personal property, including any income from or interest in property or 
any funds, for management of the conservation area for the purposes for 
which the conservation area is established under section 3(a).
  (i) Funding Account.--
          (1) In general.--To fund management activities for the 
        conservation area, there is established in the Treasury a 
        separate account to be known as the Carizzo Plain National 
        Conservation Area Management Fund.
          (2) Contents.--The account shall consist of--
                  (A) amounts received as fees for activities in the 
                conservation area;
                  (B) amounts received by the United States as a gift, 
                devise, or bequest authorized by subsection (h); and
                  (C) amounts appropriated to the account.
          (3) Use.--Amounts in the account shall be available to the 
        Secretary for management of the conservation area pursuant to 
        the purposes for which the conservation is established under 
        section 3(a).
  (j) Advisory Council.--
          (1) Establishment.--The Secretary shall establish a Carrizo 
        Plain National Conservation Area Advisory Council to advise the 
        Secretary with respect to preparation and implementation of the 
        management plan pursuant to subsection (g). The Advisory 
        Council shall conform to the requirements of the Federal 
        Advisory Committee Act (88 Stat. 770; 5 U.S.C. App.) and the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.).
          (2) Representation.--The Advisory Council shall consist of 15 
        members to be appointed by the Secretary. The members shall be 
        persons with local and regional involvement as well as 
        recognized backgrounds in areas directly related to the 
        purposes for which the conservation area is designated.

SEC. 5. LAND ACQUISITION.

  (a) Land Acquisition.--The Secretary may acquire lands and interests 
therein within the conservation area by donation, by exchange, or by 
purchase with the consent of the owner thereof.
  (b) Management.--Lands or interests therein within the conservation 
area so acquired by the United States shall, after the date of the 
enactment of this Act, be incorporated into and managed as part of the 
conservation area.

SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT.

  (a) Withdrawal.--Subject to valid existing rights, all Federal lands 
within the conservation area, including all lands or interests acquired 
by the United States after the date of enactment of this Act, are 
hereby withdrawn from all forms of entry, appropriation, or disposal 
under the public land laws and from location, entry, and patent under 
the mining laws of the United States.
  (b) Mineral Development.--
          (1) In general.--Except as provided in paragraph (2), mineral 
        development may occur in the conservation area pursuant to the 
        Act of February 25, 1920 (30 U.S.C. 181 et seq.; popularly 
        known as the Mineral Leasing Act), and laws supplementary 
        thereto, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.; 
        popularly known as the Materials Act of 1947), and laws 
        supplementary thereto, only to the extent that development is 
        consistent with the management plan.
          (2) State and private lands and interests not affected.--This 
        subsection shall not affect any State or privately owned lands 
        or interests in lands.

SEC. 7. COOPERATIVE AGREEMENTS.

  The Secretary may, consistent with the management plan, enter into 
any cooperative agreements or shared management arrangements with any 
person for the purposes of management, interpretation, and research of 
the conservation area's resources.

SEC. 8. NATIVE AMERICAN USES.

  (a) Native American Uses.--The Secretary shall ensure nonexclusive 
access to and use of the public lands in the conservation area by 
Native Americans for traditional cultural and religious purposes 
consistent with the American Indian Religious Freedom Act (42 U.S.C. 
1996).
  (b) Temporary Closure.--To implement this section, the Secretary may 
from time to time temporarily close to general public use any specific 
areas of public lands in the conservation area in order to protect the 
privacy of Native American religious activities in such areas. Any such 
closure shall be made in such manner as will affect the smallest 
practicable area for the minimum period necessary for such purposes.

SEC. 9. DEFINITIONS.

  In this Act:
          (1) Conservation area.--The term ``conservation area'' means 
        the Carrizo Plain National Conservation Area designated under 
        section 3(a).
          (2) California department of fish and game.--The term 
        ``California Department of Fish and Game'' means the public 
        entity within the State of California's Resources Agency 
        established by the laws of the State of California to 
        administer the fish and wildlife resources in the State on 
        behalf of the people of California.
          (3) Director.--The term ``Director'' means the Director of 
        the Bureau of Land Management.
          (4) Management plan.--The term ``management plan'' means the 
        management plan developed cooperatively by the Bureau of Land 
        Management, the California Department of Fish and Game, and The 
        Nature Conservancy, entitled ``The Carrizo Plain Natural Area 
        Management Plan'' and dated November 1996, as such plan may be 
        revised by the Secretary under section 4(b).
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (6) The nature conservancy.--The term ``The Nature 
        Conservancy'' means the nonprofit organization established 
        under laws of the State of Virginia and doing business in that 
        name.

                          purpose of the bill

    The purpose of H.R. 1751 is to establish the Carrizo Plain 
National Conservation Area in the State of California, and for 
other purposes.

                  background and need for legislation

    The Carrizo Plain is the remnant of the once-great San 
Joaquin grasslands that covered central California. The plain 
is habitat for a variety of wildlife, including many endangered 
and threatened species. Many scientific and religious sites are 
also located in the region. The purpose of H.R. 1751 is to 
preserve the unique ecosystem of the Carrizo Plain while also 
allowing for numerous scientific, cultural and recreational 
activities to continue.
    The Carrizo Plain National Conservation Area will consist 
of approximately 250,000 acres. The land shall be administered 
by the Secretary of the Interior acting through the Bureau of 
Land Management (BLM). A cooperative management plan has been 
prepared by the BLM, California Department of Fish and Game, 
and the Nature Conservancy. It was developed with full public 
involvement, and sets the stage for long-term public use and 
enjoyment. H.R. 1751 provides a one year time period for 
necessary revisions to the plan so that it is consistent with 
this bill.
    Under H.R. 1751, privately held land within the 
Conservation Area shall only be acquired by donation, exchange 
or purchase. Lands or interests in lands held by the government 
after the date of enactment shall be incorporated into the 
area. Funds to support this bill will be attained through fees 
and appropriations from the federal government.

                            committee action

    H.R. 1751 was introduced by Congresswoman Lois Capps (D-CA) 
on May 11, 1999. The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
National Parks and Public Lands and to the Subcommittee on 
Energy and Mineral Resources. On May 4, 2000, the Subcommittee 
on National Parks and Public Lands held a hearing on the bill. 
On July 26, 2000, the Resources Committee met to consider the 
bill. Both Subcommittees were discharged from further 
consideration of the bill by unanimous consent. An amendment in 
the nature of a substitute was offered by Congressman James V. 
Hansen (R-UT), which restructured the management plan of the 
Area. The amendment was adopted by voice vote. No further 
amendments were offered and the bill, as amended, was 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 of the Constitution of the United 
States grants 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, credit 
authority, or an increase or decrease in tax expenditures. 
According to the Congressional Budget Office, enactment of this 
bill will provide for the collection and spending of federal 
receipts of less than $100,000 annually.
    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, September 5, 2000.
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. 1751, the Carrizo 
Plain National Conservation Area Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

               congressional budget office cost estimate

H.R. 1751--Carrizo Plain National Conservation Area Act of 1999

    Summary: CBO estimates that implementing H.R. 1751 would 
cost $18 million over the 2001-2005 period, assuming 
appropriation of the necessary amounts. Because the bill would 
affect direct spending and receipts, pay-as-you-go procedures 
would apply. We estimate, however, that any such impacts would 
total less than $500,000 in any given year. H.R. 1751 contains 
no intergovernmental or private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) and would have no 
significant impact on the budgets of state, local, or tribal 
governments.
    H.R. 1751 would establish the Carrizo Plain National 
Conservation Area on about 250,000 acres of land in California. 
The bill would direct the Secretary of the Interior to manage 
the public lands within that area in accordance with an 
existing management plan and would establish a separate account 
in the Treasury for that purpose. In addition to amounts 
appropriated to that account, the bill would authorize the 
Secretary to retain and spend, without further appropriation, 
fees collected by the federal government for activities in the 
area as well as any gifts, bequests, or donations received by 
the Secretary. Finally, H.R. 1751 would authorize the Secretary 
to acquire nonfederal land within the proposed conservation 
area by donation, exchange, or purchase from a willing seller.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1751 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars
                                                               -------------------------------------------------
                                                                  2001      2002      2003      2004      2005
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\

Estimated authorization level.................................         3         4         5         5         1
Estimated outlays.............................................         3         3         5         5         2
----------------------------------------------------------------------------------------------------------------
\1\ H.R. 1751 also would affect direct spending and receipts, but by less than $500,000 a year.

    Basis of estimate:For this estimate, CBO assumes that H.R. 
1751 will be enacted near the start of fiscal year 2001. We 
also assume that the necessary funds will be appropriated 
starting in that year and that outlays will follow the 
historical spending pattern for similar activities. Based on 
information from the Bureau of Land Management (BLM), CBO 
estimates that implementing H.R. 1751 would cost $18 million 
over the 2001-2005 period, assuming appropriation of the 
necessary amounts. We also estimate that H.R. 1751 would affect 
direct spending and receipts, but by less than $500,000 
annually.

Spending subject to appropriation

    Based on information from BLM, CBO estimates that 
establishing and managing the proposed conservation area would 
cost $6 million over the 2001-2005 period. That amount includes 
the estimated costs of adding staff and administrative services 
to the area, upgrading and maintaining existing infrastructure 
and facilities, establishing new interpretive sites, and 
operating an advisory committee.
    H.R. 1751 would authorize the Secretary to acquire 
nonfederal lands within the boundary of the proposed 
conservation area. According to the agency, the management plan 
identified in the bill has targeted about 33,000 acres for 
acquisition. Based on information from BLM regarding the 
estimated value of those lands, we estimate that purchasing 
them would cost $12 million over the 2001-2005 period.

Direct spending and revenues

    H.R. 1751 would authorize the Secretary to retain and 
spend, without further appropriation, any fees received for 
activities within the proposed conservation area. Because the 
Secretary does not have such authority under current law, 
enacting this provision would increase direct spending by the 
amount of those fees. According to the agency, the lands to be 
included in the proposed area produce less than $100,000 
annually in offsetting receipts from rental and royalty 
payments from oil and gas producers, permits for rights-of-way 
and communication sites, and recreation fees. Thus, CBO 
estimates that authorizing the Secretary to spend those 
receipts would increase direct spending by less than $100,000 
each year. We estimate that other provisions of H.R. 1751 would 
not have a significant impact on direct spending.
    H.R. 1751 would allow the Secretary to accept gifts, 
bequests, and donations for the purposes of managing the 
proposed conservation area. These amounts would be recorded in 
the budget as governmental receipt (revenues) and the use of 
any such amounts under this bill would be direct spending. 
Based on information from BLM, however, CBO estimates that such 
donations would not be significant in any year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. Pay-as-
you-go procedures would apply to H.R. 1751, but CBO estimates 
that there would be no significant impact on direct spending or 
receipts in any year.
    Intergovernmental and private-sector impact: H.R. 1751 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Estimate prepared by: Federal Costs: Megan Carroll; Impact 
on State, Local, and Tribal Governments: Marjorie Miller; and 
Impact on the Private Sector: Lauren Marks.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                                
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