[House Report 107-150]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-150

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



 
             MOUNT NEBO WILDERNESS BOUNDARY ADJUSTMENT ACT

                                _______
                                

 July 23, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 451]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 451) to make certain adjustments to the boundaries of the 
Mount Nebo Wilderness Area, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend 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 ``Mount Nebo Wilderness Boundary 
Adjustment Act''.

SEC. 2. BOUNDARY ADJUSTMENTS.

  (a) Lands Removed.--The boundary of the Mount Nebo Wilderness is 
adjusted to exclude the following:
          (1) Monument springs.--The approximately 8.4 acres of land 
        depicted on the Map as ``Monument Springs''.
          (2) Gardner canyon.--The approximately 177.8 acres of land 
        depicted on the Map as ``Gardner Canyon''.
          (3) Birch creek.--The approximately 5.0 acres of land 
        depicted on the Map as ``Birch Creek''.
          (4) Ingram canyon.--The approximately 15.4 acres of land 
        depicted on the Map as ``Ingram Canyon''.
          (5) Willow north a.--The approximately 3.4 acres of land 
        depicted on the Map as ``Willow North A''.
          (6) Willow north b.--The approximately 6.6 acres of land 
        depicted on the Map as ``Willow North B''.
          (7) Willow south.--The approximately 21.5 acres of land 
        depicted on the Map as ``Willow South''.
          (8) Mendenhall canyon.--The approximately 9.8 acres of land 
        depicted on the Map as ``Mendenhall Canyon''.
          (9) Wash canyon.--The approximately 31.4 acres of land 
        depicted on the Map as ``Wash Canyon''.
  (b) Lands Added.--Subject to valid existing rights, the boundary of 
the Mount Nebo Wilderness is adjusted to include the approximately 
293.2 acres of land depicted on the Map for addition to the Mount Nebo 
Wilderness. The Utah Wilderness Act of 1984 (Public Law 94-428) shall 
apply to the land added to the Mount Nebo Wilderness pursuant to this 
subsection.

SEC. 3. MAP.

  (a) Definition.--For the purpose of this Act, the term ``Map'' shall 
mean the map entitled ``Mt. Nebo Wilderness Boundary Adjustment'', 
numbered 531, and dated May 29, 2001.
  (b) Map on File.--The Map and the final document entitled ``Mount 
Nebo, Proposed Boundary Adjustments, Parcel Descriptions (See Map 
#531)'' and dated June 4, 2001, shall be on file and available for 
inspection in the office of the Chief of the Forest Service, Department 
of Agriculture.
  (c) Corrections.--The Secretary of Agriculture may make technical 
corrections to the Map.

SEC. 4. TECHNICAL BOUNDARY ADJUSTMENT.

  The boundary of the Mount Nebo Wilderness is adjusted to exclude the 
approximately 21.26 acres of private property located in Andrews 
Canyon, Utah, and depicted on the Map as ``Dale''.

                          PURPOSE OF THE BILL

    The purpose of H.R. 451 is to make certain adjustments to 
the boundaries of the Mount Nebo Wilderness Area, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Mount Nebo Wilderness Area is located in the Uinta 
National Forest in Juab County, Utah. The Mount Nebo area was 
designated a Wilderness Area in the Utah Wilderness Act of 1984 
(Utah Wilderness Act). However, that Act inappropriately 
designated various parcels of public land as wilderness that 
also included improved water system developments for 
surrounding communities. These water developments provide clean 
drinking water for Juab County, and are in need of periodic 
maintenance.
    Because motorized or mechanical equipment is prohibited 
from entering a formally-designated wilderness area, the 
necessary maintenance of these water systems has been deficient 
and they have begun to deteriorate. In a portion of the current 
Mt. Nebo Wilderness, the Willow Creek area, a concrete ditch 
recently became so dilapidated, that it was unable to sustain 
the flow of water. Due to the county's inability to 
sufficiently maintain the ditch using the proper equipment, the 
water caused substantial erosion before it was able to be 
repaired. Unless the current situation is corrected to allow 
for maintenance of these systems using motorized equipment, 
more large-scale damage, erosion, and disruptions in water 
supplies for communities is to be expected.
    Under this legislation, approximately 279.3 acres would be 
excluded from wilderness status in the resulting boundary 
adjustment. However, approximately 293.2 acres of land 
currently classified as ``roadless'' would be added back as 
wilderness . Thus, there would be a ten (10) acre net gain in 
the overall size of the Mount Nebo Wilderness Area.
    Further, this legislation removes a small portion of 
private land (21.26 acres) from within the borders of Mount 
Nebo Wilderness Area which was improperly included in the Utah 
Wilderness Act. The Wilderness Act of 1964 states that only 
federally owned land may be included in the National Wilderness 
Preservation System.

                            COMMITTEE ACTION

    H.R. 451 was introduced on February 6, 2001 by Congressman 
James Hansen (R-UT). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On April 25, 2001, the Subcommittee 
held a hearing on the bill. On June 21, 2001, the Subcommittee 
met to mark up the bill. Congressman James Hansen (R-UT) 
offered an amendment in the nature of a substitute to: (1) 
reduce the amount of land removed from the wilderness area in 
Wash Canyon, Mendenhall Canyon, Willow North A, Willow North B, 
Willow South, Ingram Creek, Birch Creek, Gardner Canyon and 
Monument Springs to minimum levels needed to service water 
facilities in these areas, while correspondingly reducing the 
amount of new land added to the wilderness area so that there 
would be a net gain in the size of the wilderness area of 13.9 
acres; and (2) strike Section 5 of the bill, concerning water 
uses under the Utah Wilderness Act of 1984. It was adopted by 
voice vote. The bill was then forwarded to the Full Committee 
by voice vote. On June 27, 2001, the Full Resources Committee 
met to consider the bill. The bill, as amended, 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 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, the bill could 
affect direct spending and offsetting receipts. However, such 
impacts would be negligible.
    3. General Performance Goals and Objectives.--This bill 
does not authorize funding and therefore, clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives does not 
apply.
    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, June 29, 2001.
Hon. James V. Hansen,
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. 451, the Mount 
Nebo Wilderness Boundary Adjustment Act.
    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.

H.R. 451--Mount Nebo Wilderness Boundary Adjustment Act

    CBO estimates that enacting H.R. 451 would have no 
significant impact on the federal budget. Because the bill 
could affect direct spending and offsetting receipts, pay-as-
you-go procedures would apply; but we estimate that any such 
impacts would be negligible. H.R. 451 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments. Enactment of this 
legislation would benefit Juab County, Utah, by allowing it 
greater access to water supply facilities.
    H.R. 451 would adjust the boundaries of the Mount Nebo 
Wilderness Area, located in Utah and administered by the Forest 
Service. The bill would remove from the wilderness area about 
279 acres of federal lands that include water systems and 
facilities that cannot adequately be maintained because they 
are located within the wilderness area. To offset the removal 
of those lands, H.R. 451 would add about 293 acres of other 
federal lands administered by the Forest Service to the Mount 
Nebo Wilderness Area, subject to valid existing rights. 
Finally, H.R. 451 would correct the boundary of the wilderness 
area to exclude about 21 acres of private owned land.
    Based on information from the Forest Service, CBO estimates 
that any increased costs incurred by the agency to update maps 
and move signs to reflect the revised boundaries of the 
wilderness area would be negligible. Changing the 
classification of classification of federal lands could affect 
whether new income-generating activities can occur on those 
lands. Thus, enacting this legislation could affect offsetting 
receipts, but we estimate that any such effects would be small. 
According to the Forest Service, none of the lands involved 
currently generate significant receipts, and they are not 
expected to do so in the near future, regardless of whether 
they lie within or outside the wilderness area.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Robert A. Sunshine, 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 any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                            DISSENTING VIEWS

    As introduced, H.R. 451 would change the boundaries of a 
congressionally designated wilderness area. H.R. 451 would 
adjust the boundaries of the Mount Nebo Wilderness on the Uinta 
National Forest in Utah by removing approximately 429 acres and 
adding approximately 440 acres. The eight parcels to be 
excluded from wilderness include mines, and water transmission 
and storage facilities. The bill would also amend the Utah 
Wilderness Act of 1984 to facilitate motorized access to and 
installation and maintenance of all water systems in Utah 
wilderness.
    Under existing law, water system operator permittees must 
get permission from the Regional Forester to maintain their 
systems by motorized access. Complying with stringent 
guidelines for wilderness management, the Forest Service has 
not routinely granted these requests. H.R. 451 addresses the 
difficulties and frustrations encountered by these operators by 
``cherry stemming'' these areas out of the wilderness.
    As amended, H.R. 451 removes the minimum amount of acreage 
necessary to allow motorized access for these facilities. Like 
the introduced bill, it adds more acreage to the wilderness 
area than is removed--approximately 293 and 279 acres 
respectively. Finally, it removes the global amendment to the 
Utah Wilderness Act of 1984. These amendments significantly 
improve the bill. Nevertheless, without language to restrict 
motorized use in areas removed from wilderness to repairing or 
maintaining existing facilities operating under current special 
use permits, H.R. 451 could lead to more widespread use of 
motorized vehicles in and around the wilderness and make 
boundary management difficult.
    Changes to wilderness boundaries and management should not 
be made lightly nor done routinely. Wilderness bills are the 
results of lengthy, carefully negotiations; areas included and 
excluded from wilderness are rarely accidental. Legislation 
that overrides the Wilderness Act undermines the Act and 
degrades wilderness values. H.R. 451 addresses a unique 
situation but should not serve as precedent for significantly 
modifying congressionally designated wilderness boundaries.

                                                        Jay Inslee.

                                
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