[Senate Report 106-116]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 224
106th Congress                                                   Report
                                 SENATE
 1st Session                                                    106-116

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



 
                  OTAY MOUNTAIN WILDERNESS ACT OF 1999

                                _______
                                

                 July 21, 1999.--Ordered to be printed

                                _______


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany H.R. 15]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 15) to designate a portion of the Otay 
Mountain region of California as wilderness, having considered 
the same, reports favorably thereon without amendment and 
recommends that the Act to pass.

                         purpose of the measure

    The purpose of H.R. 15 is to designate approximately 18,500 
acres of the Otay Mountain region of California as a component 
of the National Wilderness Preservation System, to be 
administered by the Secretary of Interior.

                          background and need

    The Otay Mountains, near the U.S.-Mexico border, are a 
unique region with diverse natural values. The area provides 
good opportunities for solitude and primitive recreation. 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 1980's the Bureau of Land Management recommended a 
large portion of these mountains be designated as wilderness, 
and this recommendation has received strong public support. 
Consistent with this recommendation, H.R. 15 designates 18,500 
acres in the California Desert District of the Bureau of Land 
Management, California, as a component of the National 
Wilderness Preservation System.
    In recent years Otay Mountain's sensitive habitat has been 
damaged by illegal immigration and narcotics activity in the 
area. The Bureau of Land Management has worked closely with the 
U.S. Border Patrol to bring these problems under control.

                          legislative history

    H.R. 15 was introduced on January 6, 1999, by Congressman 
Bilbray. On April 12, 1999, the bill passed the House by voice 
vote. The Senate companion measure, S. 848, was introduced by 
Senator Feinstein on April 21, 1999. The Subcommittee on 
Forests and Public Land Management held a hearing on H.R. 15 
and S. 848 on June 23, 1999. At the business meeting on June 
30, 1999, the Committee on Energy and Natural Resources ordered 
H.R. 15 reported favorably without amendment.

           committee recommendations and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 30, 1999, by a voice vote of a 
quorum present recommends that the Senate pass H.R. 15 without 
amendment.

                      section-by-section analysis

    Section 1 entitles the Act the ``Otay Mountain Wilderness 
Act of 1999.''
    Section 2 contains Congressional findings.
    Section 3 designates the Otay Mountain Wilderness, 
comprising approximately 18,500 acres, as a component of the 
National Wilderness Preservation System.
    Section 4 requires a map and legal description to be filed 
and provides that the boundary of the wilderness area is at 
least 100 feet from the United States-Mexico Border.
    Section 5 states that all public lands within the Southern 
Otay Mountain Wilderness Study Area and the Western Otay 
Mountain Wilderness Study area which are not designated as 
wilderness have been adequately studied for wilderness 
designation and are no longer subject to the requirements of 
section 603 of the Federal Land Policy and Management Act of 
1976.
    Section 6(a) provides that the wilderness area is to be 
administered by the Secretary of the Interior, subject to valid 
existing rights, in accordance with the provisions of the 
Wilderness Act.
    Subsection (b) provides that border operations, including 
drug interdiction and wildland fire management may continue 
within the wilderness' area so long as they are conducted in 
accordance with the Wilderness Act.
    Section 7 requires subsequent land acquisitions within the 
wilderness area to be managed as wilderness.
    Section 8 declares Congress' intent that no buffer or 
protective zones should exist on the perimeter of the 
Wilderness Are and is self explanatory.
    Section 9 defines key terms used in the Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, July 2, 1999.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate, 
        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.
    On March 12, 1999, CBO prepared a cost estimate for H.R. 15 
as ordered reported by the House Committee on Resources on 
March 3, 1999. The two versions of the legislation are 
identical, as are the two cost estimates.
    The CBO staff contact is Victoria Heid Hall. This estimate 
was approved by Robert A. Sunshine, Deputy Assistant Director 
for Budget Analysis.

                      regulatory impact evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 15.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 15, as ordered reported.

                        executive communications

    On June 30, 1999, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Interior and the Office of Management and Budget setting forth 
Executive agency recommendations on H.R. 15. These reports had 
not been received at the time the report on H.R. 15 was filed. 
When the reports become available, the Chairman will request 
that they be printed in the Congressional Record for the advice 
of the Senate. The testimony provided by the Bureau of Land 
Management at the Subcommittee hearing follows:

   Statement of Tom Fry, (Acting) Director, Bureau of Land Management

    Mr. Chairman and Members of the Subcommittee, I appreciate 
the opportunity to testify on S. 848 and H.R. 15, the Otay 
Mountain Wilderness Act(s) of 1999. I want to commend both 
Senator Dianne Feinstein and Congressman Brian Bilbray, for 
introducing companion legislation which recognizes the unique 
nature of the area by protecting its many outstanding and 
precious natural resources for generations to come.
    The Administration strongly supports S. 848 and H.R. 15. 
The House bill was amended and reported by the House Resources 
Committee and passed by the House on April 12, 1999. The 
legislation would designate 18,500 acres of the Otay Mountain 
area in eastern San Diego County, adjacent to the U.S.-Mexico 
International Border, as BLM wilderness. Otay Mountain is 
located in an extremely unique and diverse area of the country. 
The area is important to San Diego's ongoing habitat 
conservation initiatives which the Department strongly 
supports. BLM currently manages Otay Mountain to preserve and 
maintain its wilderness character and we strongly support its 
continued protection and the wilderness designation envisioned 
in both S. 848 and H.R. 15.
    I would like to provide a brief discussion of certain 
aspects of the area's history and resources to highlight the 
vast array of public land management issues in this scenic and 
ecologically diverse area. The Otay Mountain area has long been 
recognized by the public as a unique ecosystem. As early as 
1962, the Secretary of the Interior created the Otay Mountain 
National Cooperative Land and Wildlife Management Area. 
Management direction for the area has focused on conservation 
of the area's flora, fauna, ecologic, geologic, cultural and 
scenic values as well as the protection of its wilderness 
values. In the 1980's, BLM established the Western and Southern 
Otay Mountain WSAs and, with strong public support (including a 
1982 resolution from the San Diego Board of Supervisors), 
ultimately recommended a large portion of the WSAs as 
wilderness.
    In addition to its natural attributes, the area has 
opportunities for solitude, open space and primitive 
recreation, and possesses nationally significant biological 
values. These include stands of rare Tecate Cypress and 15-20 
other sensitive vegetative species. The proposed wilderness 
also contains an Area of Critical Environmental Concern which 
was established by BLM with strong public support. In addition, 
the City of San Diego has identified the region as a ``core 
reserve'' in open-space planning, and the California Department 
of Fish and Game and local universities have had a long 
interest in studying and monitoring the area's flora and fauna. 
Wilderness designation would secure a unique ecosystem in the 
National Wilderness Preservation System.
    Unfortunatley, the area has experienced extensive resource 
damage in the last few years as a result of undocumented 
immigrants attempting to cross through the region. In addition, 
an October 1996 wildfire inflicted considerable short-term 
damage. However, with close coordination and onsite work among 
the BLM, California Department of Forestry and Fire Protection, 
the Border Patrol, the City, County, and other interests, a 
dramatic reduction in illegal traffic has occurred and the area 
appears to be restoring itself.
    Finally, as a result of a recent court decision by the 
United States District Court for the District of Columbia which 
concerned maps that were not on file at the time legislation 
was enacted, we believe that it is essential for the Committee 
to work with the Department to develop a dated and filed map 
prior to the enactment of the legislation.
    This concludes my statement and I would be glad to answer 
any questions you may have.

                        changes in existing law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by H.R. 15, as ordered 
reported.

                                  
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