[House Report 108-392]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-392

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         UPPER MISSOURI RIVER BREAKS BOUNDARY CLARIFICATION ACT

                                _______
                                

 November 21, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1629]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1629) to clarify that the Upper Missouri River Breaks 
National Monument does not include within its boundaries any 
privately owned property, 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. 1629 is to clarify that the Upper 
Missouri River Breaks National Monument does not include within 
its boundaries any privately owned property, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    On January 17, 2001, President Bill Clinton established by 
Executive Order the Upper Missouri River Breaks National 
Monument in north-central Montana. From Fort Benton, Montana, 
downstream to the Charles M. Russell National Wildlife Refuge, 
the monument spans 149 miles of the Upper Missouri River, the 
adjacent Breaks country, and portions of Arrow Creek, Antelope 
Creek and the Judith River. The monument is under the 
management of the Bureau of Land Management. It covers 
approximately 377,346 acres of federal land, including the 
Missouri Breaks country north of the Missouri River. The area 
remains remote and nearly as undeveloped as it was in 1805 when 
the famed Lewis and Clark Corps of Discovery came upon it. The 
monument also includes approximately 81,911 acres of private 
land within its external boundaries. Therein lies the problem 
and the need for H.R. 1629.
    Section 2 of the Antiquities Act (16 U.S.C. 431 et seq.) 
authorizes the President to establish ``historic landmarks, 
historic and prehistoric structures, and other objects of 
historic and scientific interest that are situated on upon 
lands owned or controlled by the Government of the United 
States as national monuments.'' It also states that a monument 
shall be confined ``to the smallest area compatible with the 
proper care and management of the objects to be protected.'' 
The legislative history is clear on why the Act was created--to 
give the President the authority to protect historic and 
prehistoric objects on federal land from looting and illegal 
excavation by declaring them as national monuments. It was not 
created to have a President unilaterally establish a national 
monument for an area not under immediate threat and that 
includes thousands of acres of private land within its external 
boundaries.
    Notwithstanding that the proclamation for the Monument 
declared that private property would not be affected, nor would 
permitted livestock grazing, hunting, fishing, and similar 
activities within the boundary, Congressman Dennis Rehberg (R-
MT) and many of his constituents whose land is now within the 
external boundaries of the monument believe the President 
violated both the intent and spirit of the Act by including 
their private property in the monument without even a by-your-
leave from the private landowners. Protection of existing uses 
is also at question, as the proclamation states that ``the 
Secretary shall prohibit all motorized and mechanized vehicle 
use off road, except for emergency or authorized administrative 
purposes.'' H.R. 1629 simply directs the Secretary of the 
Interior to redraw the boundaries of the Missouri River Breaks 
National Monument to exclude all private land. The revised map 
would be cited in the January 2001 Monument Proclamation.

                            COMMITTEE ACTION

    H.R. 1629 was introduced on April 3, 2003, by Congressman 
Dennis Rehberg (R-MT). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks, Recreation and Public Lands. On September 30, 
2003, the Subcommittee held a hearing on the bill. On October 
21, 2003, the Subcommittee met to mark up the bill. No 
amendments were offered and the bill was forwarded to the Full 
Committee by voice vote. On October 29, 2003, the Full 
Resources Committee met to consider the bill. No amendments 
were ordered and the bill was ordered favorably reported to the 
House of Representatives by a roll call vote of 24 to 13, as 
follows:


            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, and Article IV, section 3, 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, November 12, 2003.
Hon. Richard W. Pombo,
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. 1629, the Upper 
Missouri River Breaks Boundary Clarification Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 1629--Upper Missouri River Breaks Boundary Clarification Act

    H.R. 1629 would clarify that the Upper Missouri River 
Breaks National Monument should not contain any privately owned 
property. CBO estimates that implementing this clarification 
(primarily by redrawing existing maps of the national monument) 
would have no significant effect on the federal budget. The 
monument was created in 2001 and is managed by the Bureau of 
Land Management.It contains about 380,000 acres of federal land 
(and as much as 82,000 acres of private property) in Montana.
    The bill 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.
    The CBO staff contact for this estimate is Deborah Reis. 
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.

                            DISSENTING VIEWS

    We are strongly opposed to H.R. 1629. This unnecessary, 
unreasonable, and unworkable legislation would carve up the 
boundaries of the Upper Missouri Breaks National Monument, 
making this national monument look like Swiss cheese.
    On the eve of the Lewis and Clark Expedition Bicentennial, 
it is a shame that the proponents of H.R. 1629 are embarking on 
divisive legislation to carve up an area that Lewis and Clark 
noted in their journals with awe and wonderment.
    H.R. 1629 calls into question not only the exterior 
boundary of the Upper Missouri Breaks National Monument but 
also the basis for the boundaries of numerous national parks, 
national monuments and national forests around the country.
    The proponents of H.R. 1629 would have the public believe 
that the boundary map of the Upper Missouri Breaks National 
Monument is somehow unique. It is not. Numerous national 
designations are drawn in the same fashion as the Upper 
Missouri Breaks. Yet, we do not rush to redraw the boundaries 
of these national parks, forests and monuments because it is 
unreasonable and unworkable, but most of all unnecessary.
    Including private land within the exterior national 
monument boundary does not make that land part of the national 
monument. On that point both the national monument proclamation 
and the Antiquities Act are clear.
    The only land that is part of the national monument is 
Federal land because the Antiquities Act applies only to 
objects of historic or scientific interest ``that are situated 
on lands owned or controlled by the Government of the United 
States.'' (16 U.S.C. 431). As the State of Montana's largest 
newspaper, the Billings Gazette, noted in an editorial opposing 
identical legislation last Congress ``If something isn't in, 
what's the point of taking it out?''
    Further, neither the monument proclamation nor the 
Antiquities Act gives the Bureau of Land Management (BLM) any 
authority to subject private lands to regulation and management 
as part of the national monument and the BLM has consistently 
informed the public of such in both meetings and written 
materials.
    The Upper Missouri Breaks boundary map contains Federal, 
state and private lands. This map reflects the fact that public 
lands are intermingled with state andprivate lands in many 
sections and that monument features bisect all these lands. This is not 
uncommon with national conservation designations.
    Intermingled public and private lands are common throughout 
the country. Numerous national parks, national monuments and 
national forests have such intermingled public and private 
lands. In fact, there are whole towns located within the 
exterior boundaries of several national forests in Montana.
    Under the provisions of both the Antiquities Act and the 
monument proclamation, the only way private land can become 
part of the national monument is by purchase from its owner. If 
a private landowner does not want to be part of the national 
monument, they needn't sell their land to the Federal 
Government. And if Members of Congress don't want private land 
bought and added to the national monument then simply don't 
appropriate the funds.
    Proponents of H.R. 1629 have been unable to show even one 
legitimate threat to private property by its placement in the 
exterior monument boundary of the Upper Missouri Breaks.
    It is telling that more than half of the private lands 
dealt with by H.R. 1629 have for nearly 26 years been inside a 
designated national conservation unit. 35,000 plus acres of 
private property are located inside the boundary of the Upper 
Missouri National Wild and Scenic River. Private property 
rights weren't violated by the wild and scenic river 
designation and they are certainly not violated by the national 
monument designation.
    Newspapers within Montana recognize these facts and several 
have editorialized against the legislation. In fact, the one 
major newspaper (Great Falls Tribune) that supported this 
legislation last Congress has changed its view and now opposes 
the bill.
    The Upper Missouri Breaks are a special place. Today the 
Breaks remain much the same way as seen by the Lewis and Clark 
Expedition. Legislation such as H.R. 1629 adds nothing to the 
perpetuation of the resources and the way of life that have 
made this area famous. Rather, it diverts energy and resources 
from addressing the real needs of the area.
    H.R. 1629 tries to address a problem that doesn't exist. It 
has implications far beyond the Missouri Breaks and plays on 
people's fears rather than dealing with the facts. Last 
Congress when identical legislation was reported from the 
Resources Committee, the House wisely chose to ignore it. We 
urge the same action again this Congress, but if H.R. 1629 is 
indeed brought before the Full House we will oppose the 
legislation and encourage our colleagues to do likewise.

                                   Nick Rahall.
                                   Edward J. Markey.
                                   Mark Udall.
                                   Raul M. Grijalva.
                                   Betty McCollum.
                                   Jay Inslee.

                                
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