[Senate Report 108-241]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 451
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-241

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



 
              CIBOLA NATIONAL WILDLIFE REFUGE, CALIFORNIA

                                _______
                                

                 March 9, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 417]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 417) to revoke a Public Land Order with 
respect to certain lands erroneously included in the Cibola 
National Wildlife Refuge, California, having considered the 
same, reports favorably thereon without amendment and 
recommends that the Act do pass.

                                PURPOSE

    H.R. 417 revokes Public Land Order 3442, dated August 21, 
1964, insofar as it included approximately 140 acres in 
Imperial County, California (in the Cibola National Wildlife 
Refuge). H.R. 417 directs the Secretary of the Interior to 
resurvey and publish the new boundaries of the Refuge. The 
effect of the bill is to transfer administrative jurisdiction 
over the 140-acre parcel from the U.S. Fish and Wildlife 
Service to the Bureau of Land Management.

                          BACKGROUND AND NEED

    H.R. 417 will correct an error made in the designation the 
Cibola National Wildlife Refuge (NWR). In 1964, Public Land 
Order 3442 withdrew approximately 16,600 acres of public domain 
lands along the Colorado River in California and Arizona for 
the Cibola NWR. The withdrawal erroneously included 
approximately 140 acres in Imperial County at the southern 
boundary of the California portion of the refuge.
    Prior to 1964, this property fell under the jurisdiction of 
the Bureau of Land Management (BLM) and, beginning in 1962, the 
BLM issued a permit for a public recreation concession on 18 
acres of the lands now in question. Because neither the Fish 
and Wildlife Service nor the BLM recognized the mistake in 
legal descriptions on the ground, the BLM continued to renew 
the original permit and the recreational concession use has 
continued, unbroken, to the present time. However, given the 
discovery of the past mistake, neither the BLM nor the Fish and 
Wildlife Service have the authority to continue issuing the 
concession contract.

                          LEGISLATIVE HISTORY

    H.R. 417 was introduced by Representative Hunter on January 
28, 2003 and was passed by the House of Representatives on 
March 19, 2003. A similar bill, H.R. 3937, was passed by the 
House in the 107th Congress, but was not acted upon by the 
Senate. The Subcommittee on Public Lands and Forests held a 
hearing on H.R. 417 on June 4, 2003. S. Hrg. 108-68. At the 
business meeting on February 11, 2004, the Committee on Energy 
and Natural Resources ordered H.R. 417 favorably reported 
without amendment.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on February 11, 2004, by a unanimous vote of a 
quorum present recommends that the Senate pass H.R. 417.
    The rollcall vote on reporting the measure was 23 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell *
Mr. Thomas
Mr. Alexander
Ms. Murkowski
Mr. Talent
Mr. Burns
Mr. Smith *
Mr. Bunning
Mr. Kyl *
Mr. Bingaman
Mr. Akaka
Mr. Dorgan *
Mr. Graham *
Mr. Wyden *
Mr. Johnson *
Ms. Landrieu *
Mr. Bayh *
Mrs. Feinstein *
Mr. Schumer *
Ms. Cantwell

    * Indicates vote by proxy.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 revokes a portion of Public Land Order 3442 that 
established the Cibola National Wildlife Refuge in August 21, 
1964 for the purpose of excluding specific lands from the 
refuge, totaling 140 acres. The effect of the revocation is to 
transfer administrative jurisdiction over the lands from the 
U.S. Fish and Wildlife Service to the Bureau of Land 
Management. The lands to be conveyed include a BLM concession 
known as ``Walker's Camp.'' The Committee understands that 
there is a proposal to expand the size and scope of the 
existing concession operation, which currently occupies 
approximately 18 acres. The Committee does not intend for the 
transfer of the 140 acres from the Fish and Wildlife Service to 
the BLM to be viewed as an endorsement of any development of 
the lands in question. The Committee expects that any 
management changes proposed by the BLM for the affected acreage 
will be made through the agency's standard planning process, 
with full opportunity for public involvement and comment from 
interested parties. These management changes should be 
consistent with existing uses and compliment the purposes of 
the neighboring refuge lands.
    The Committee does not intend for the transfer of these 
lands from the U.S. Fish and Wildlife Service to the BLM to 
result in any substantive change in the natural, cultural and 
historical resources located on the land. The Committee expects 
that the BLM will safeguard these resources, including any 
sacred sites or trails, in consultation with affected Indian 
tribes.
    Section 2 directs the Secretary of the Interior to resurvey 
and notice of modified boundaries.

                   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, February 25, 2004.
Hon. Pete V. Domenici,
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. 417, an act to 
revoke a public land order with respect to certain lands 
erroneously included in the Cibola National Wildlife Refuge, 
California.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                      Elizabeth M. Robinson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

H.R. 417--An act to revoke a public land order with respect to certain 
        lands erroneously included in the Cibola National Wildlife 
        Refuge, California

    CBO estimates that H.R. 417 would have no significant 
impact on the federal budget. The bill could increase both 
offsetting receipts and direct spending, but we estimate that 
any such effects would be negligible. The bill would not affect 
revenues. H.R. 417 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.
    H.R. 417 would revoke Public Land Order 3442 as it pertains 
to 140 acres of land within the Cibola National Wildlife Refuge 
in California. By doing so, the bill would effectively remove 
those lands from the refuge and return them to the jurisdiction 
of the Bureau of Land Management (BLM). According to BLM, this 
change would allow the agency to renegotiate a lease with a 
private concessionaire who currently operates recreational 
facilities on the affected lands. Based on information from the 
agency, CBO estimates that any change in offsetting receipts 
from lease payments, and subsequent spending of those receipts, 
would be negligible.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Robert A. Sunshine, 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. 417. 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. 417, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The pertinent legislative report received by the Committee 
from the Department of the Interior setting forth Executive 
agency recommendation relating to H.R. 417 is set forth below:

                        Department of the Interior,
                                   Office of the Secretary,
                                     Washington, DC, June 24, 2003.
Hon. Pete V. Domenici,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: This letter sets forth the views of the 
Department of the Interior on H.R. 417, an Act to revoke a 
Public Land Order with respect to certain lands erroneously 
included in the Cibola National Wildlife Refuge, California.
    H.R. 417 would revoke a small portion of Public Land Order 
3442, dated August 21, 1964. This Public Land Order withdrew 
approximately 16,600 acres of public domain lands along the 
Colorado River in California and Arizona for the Cibola NWR. 
The withdrawal erroneously included a small area of 
approximately 140 acres in Imperial County at the southern 
boundary of the California portion of the refuge. A similar 
bill, H.R. 3937, was passed by the House last year, but was not 
acted upon by the Senate.
    Prior to 1964, this property fell under the jurisdiction of 
the Bureau of Land Management (BLM) and, beginning in 1962, the 
BLM issued a permit for a public recreation concession on the 
lands now in question. Because neither the Service nor the BLM 
recognized the mistake in legal descriptions on the ground, the 
BLM continued to renew the original permit and the recreational 
concession use has continued, unbroken, to the present time, 
although the BLM lease did expire in April 2002. The concession 
and location are commonly known as ``Walters Camp,'' which 
consists of a recreational vehicle park, a small marina, and a 
store, and the BLM estimates that Walter's Camp receives 11,000 
visitors per year.
    The National Wildlife Refuge System Administration Act of 
1966, as amended, (Act) requires that all uses of refuge lands 
be compatible with the purpose for which the refuge was 
established. Section 4(a) of the Act and section 204(j) of the 
Federal Land Policy and Management Act both prohibit the 
Secretary of the Interior from revoking withdrawals of land 
within NWRs. For this reason, Congressional action is required 
to remove these lands from the Refuge System.
    Since the inclusion of these lands in the Public Land Order 
was a mistake, due to the prior existence of the concession, we 
believe the most equitable solution is removal of the lands 
from the refuge. There are no listed species inhabiting the 140 
acres and the area in question is, at best, marginal wildlife 
habitat. Removal of the 140 acres of land from the refuge would 
free-up the area necessary for the continuation of the 
recreational concession, while still affording more than 
adequate protection for the nearest significant wildlife 
habitat feature, Three Fingers Lake.
    We believe that the withdrawal of these lands will benefit 
all parties involved--the concessionaire, the Service, the BLM 
and, ultimately, the public. For this reason, we support the 
bill and urge prompt action on enactment of H.R. 417.
    The Office of Management and Budget has advised that there 
is no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                         Rebecca W. Watson,
              Assistant Secretary for Land and Minerals Management.

                        CHANGES TO 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 the Act H.R. 417, as 
ordered reported.

                                
