[House Report 107-392]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-392

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                     GUNN MCKAY NATURE PRESERVE ACT

                                _______
                                

 April 9, 2002.--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

                        [To accompany H.R. 3909]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3909) to designate certain Federal lands in the State of 
Utah as the Gunn McKay Nature Preserve, and for other purposes, 
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. 3909 is to designate certain Federal 
lands in the State of Utah as the Gunn McKay Nature Preserve, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Several years ago, residents of Huntsville, Utah, learned 
that the U.S. Forest Service was planning to build a heliport 
landing area near the city limits on undeveloped federal land 
to facilitate fighting wildfires in the surrounding forests. 
Concerned about helicopters landing and taking off in such 
close proximity to their neighborhoods, Huntsville residents 
proposed to the Forest Service that this open-space instead be 
designated as a nature preserve. A non-profit organization was 
formed to that end, and the Forest Service agreed with the 
residents' proposal.
    H.R. 3909 designates approximately 15 acres of Forest 
Service land near Huntsville, Utah, as the Gunn McKay Nature 
Preserve, named in the honor of the late Gunn McKay, who served 
as Utah's 1st District representative in Congress from 1971 to 
1981. The bill authorizes the Forest Service to work with the 
city of Huntsville and the Gunn McKay Nature Preserve 
Foundation to develop a management plan. The preserve would be 
managed by the Forest Service in cooperation with the Gunn 
McKay Nature Preserve Foundation.

                            COMMITTEE ACTION

    H.R. 3909 was introduced on March 7, 2002, by Congressman 
James V. Hansen (R-UT). The bill was referred to the Committee 
on Resources. On March 20, 2002, the Full Resources Committee 
met to consider the bill. It was adopted by unanimous consent. 
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 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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, April 1, 2002.
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. 3909, the Gunn 
McKay Nature Preserve 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. 3909--Gun McKay Nature Preserve Act

    CBO estimates that H.R. 3909 would have no significant 
impact on the federal budget. The bill could affect direct 
spending (including offsetting receipts); therefore, pay-as-
you-go procedures would apply, but we estimate that any such 
impacts would be negligible. H.R. 3909 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would have no significant 
impact on the budgets of state, local, or tribal governments.
    H.R. 3909 would designate 15 acres of federal lands near 
Huntsville, Utah, as the Gunn McKay Nature Preserve. Subject to 
valid existing rights, the bill would withdraw those lands from 
programs to develop mineral and geothermal resources. H.R. 3909 
would direct the Secretary of Agriculture to develop a 
management plan for the proposed preserve in consultation with 
the city of Huntsville and the Gunn McKay Nature Preserve 
Foundation, a nonprofit corporation. The bill would authorize 
the Secretary to enter into a cooperative agreement with that 
corporation to manage the preserve.
    Based on information from the Forest Service, CBO estimates 
that designating the proposed preserve would not significantly 
affect federal spending. Withdrawing lands within the area from 
leasing and development could result in forgone offsetting 
receipts from those lands if, under current law, the lands 
would generate receipts from those activities. According to the 
Forest Service, however, those lands currently generate no 
significant receipts from such activities, and the agency does 
not expect them to generate significant receipts over the next 
10 years. Hence, we estimate that any change sin offsetting 
receipts under H.R. 3909 would be negligible.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was 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 any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

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

                                  
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