[House Report 107-561]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-561

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             MOUNT NAOMI WILDERNESS BOUNDARY ADJUSTMENT ACT

                                _______
                                

 July 10, 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. 4870]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4870) to make certain adjustments to the boundaries of 
the Mount Naomi 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 Naomi Wilderness Boundary 
Adjustment Act''.

SEC. 2. BOUNDARY ADJUSTMENTS.

  (a) Lands Removed.--The boundary of the Mount Naomi Wilderness is 
adjusted to exclude the approximately 31 acres of land depicted on the 
Map as ``Land Excluded''.
  (b) Lands Added.--Subject to valid existing rights, the boundary of 
the Mount Naomi Wilderness is adjusted to include the approximately 31 
acres of land depicted on the Map as ``Land Added''. The Utah 
Wilderness Act of 1984 (Public Law 98-428) shall apply to the land 
added to the Mount Naomi 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. Naomi Wilderness Boundary Adjustment'' and 
dated May 23, 2002.
  (b) Map on File.--The Map 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4870 is to make certain adjustments to 
the boundaries of the Mount Naomi Wilderness Area, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Mount Naomi Wilderness Area, located to the northeast 
of Logan, Utah, was created by the Utah Wilderness Act of 1984 
(Public Law 98-428). Encompassing approximately 44,523 acres in 
the Wasatch-Cache National Forest, the Mount Naomi Wilderness 
Area is one of the largest wilderness areas in the state of 
Utah and provides many recreational opportunities for the 
residents of Cache County and the more than 20,000 students at 
the neighboring Utah State University.
    The close proximity of portions of the Mount Naomi 
Wilderness Area to the Logan City limits not only creates some 
difficulty for the Forest Service to manage these lands for 
wilderness uses, but also presents potential problems for the 
city. In one area of approximately 31 acres, the wilderness' 
southwestern boundary abuts the Logan City limits. Within this 
small area is a utility corridor with several utility lines, 
including power and communication lines, each of which existed 
prior to the designation of the wilderness area. Because no 
motorized or mechanized equipment may be operated within a 
wilderness area, maintenance of these facilities is difficult, 
if not nearly impossible, to conduct. Adjusting the boundaries 
of the wilderness area to exclude this small area would provide 
a common-sense solution both to the utility corridor's 
maintenance problem and the Forest Service's management 
problem.
    The 31 acre adjustment would provide a manageable, natural 
boundary for the wilderness area. It allows the boundary to 
follow the natural contour lines at the base of Mount Naomi 
rather than arbitrary boundary lines on a map. The area to be 
adjusted was chosen and agreed upon by the Forest Service, 
Logan City, and Cache County, and is the smallest area 
necessary to complete this adjustment and realign the boundary.
    Additionally, a small portion of the Bonneville Shoreline 
Trail has been proposed within this 31 acre area adjacent to 
the Logan City limits. This portion of the trail would connect 
with a number of other trails in the Bonneville Shoreline Trail 
system, and would provide outstanding recreational 
opportunities to thousands of people each year. The trail would 
be approximately eight (8) feet wide and accessible to 
pedestrian, biking, and equestrian traffic. Adjusting the 
boundary around this 31 acre area would serve to eliminate a 
potential non-conforming use in the wilderness area. This is 
the only portion of this trail that lies within the wilderness 
area.
    In order to prevent a net loss of wilderness due to this 
boundary adjustment, the Forest Service, in consultation with 
Logan City and Cache County, identified a separate 31 acre 
parcel with wilderness characteristics located adjacent to the 
southern boundary of the wilderness area. This parcel would be 
added to the wilderness area by this legislation, thus 
resulting in no net loss of wilderness.

                            COMMITTEE ACTION

    H.R. 4870 was introduced on June 5, 2002 by Congressman 
James V. Hansen (R-UT). The bill was referred to the Committee 
on Resources and within the Committee to the Subcommittee on 
Forests and Forests Health. On June 20, 2002 the Subcommittee 
held a hearing on the bill. On June 26, 2002 the Full Resources 
Committee met to consider the bill. The bill was ordered 
favorably reported to the Full Committee by unanimous consent. 
Mr. Hansen offered a technical amendment to correct a 
typographical error in the bill. It was adopted by unanimous 
consent. The bill, as amended was then ordered favorably 
reported to the House of Representatives by unanimous consent.

            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, July 3, 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. 4870, the Mount 
Naomi 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. 4870--Mount Naomi Wilderness Boundary Adjustment Act

    CBO estimates that enacting H.R. 4870 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply. H.R. 4870 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. 4870 would adjust the existing boundary of the Mount 
Naomi Wilderness in the Wasatch-Cache National Forest in Utah. 
The adjustment would exclude from the wilderness area about 31 
acres of land and, subject to valid existing rights, would add 
31 acres of other national forest land. Based on information 
from the Forest Service, CBO estimates that the proposed change 
would not significantly affect the agency's costs to manage 
those lands.
    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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