[Senate Report 109-162]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 263
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-162

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 MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA ACT

                                _______
                                

                October 27, 2005.--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 S. 761]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 761) to rename the Snake River Birds of 
Prey National Conservation Area in the State of Idaho as the 
Morley Nelson Snake River Birds of Prey National Conservation 
Area in honor of the late Morley Nelson, an international 
authority on birds of prey, who was instrumental in the 
establishment of this National Conservation Area, and for other 
purposes, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 761 is to rename the Snake River Birds of 
Prey National Conservation Area in the State of Idaho as the 
Morley Nelson Snake River Birds of Prey National Conservation 
Area in honor of the late Morley Nelson, an international 
authority on birds of prey, who was instrumental in the 
establishment of this National Conservation Area.

                          Background and Need

    The Snake River Birds of Prey National Conservation Area 
was established by Congress in 1993 (Public Law 103-64) to 
recognize and perpetuate the area's wildlife values. The area 
encompasses 485,000 acres of public land along approximately 80 
miles of the Snake River in southwestern Idaho. The river lies 
within a deep canyon that is surrounded by a vast plateau. 
Cliffs towering up to 700 feet above the river provide ledges, 
cracks, and crevices for nesting birds of prey, also known as 
raptors.
    After returning home as a decorated veteran of World War 
II, Morley Nelson recognized the unique importance of the Snake 
River area to the many species of raptors in the Snake River 
area. Starting in the 1950s, Morley Nelson spent decades 
convincing ranchers and farmers to accept the birds as an 
integral part of the ecosystem. He raised public awareness 
about birds of prey through scores of speeches and dozens of 
movies and TV specials starring his eagles and hawks, including 
seven films for Disney. His work later led to the area's 
protection through various designations, culminating in its 
establishment by Congress as a National Conservation Area.
    Morley Nelson is also known for solving the long-standing 
problem with raptor electrocution from power lines and the 
associated power outages and even occasional wildfires. In 
cooperation with Idaho Power, and later with other utilities, 
he helped develop guards and redesigned power transmission 
lines to reduce raptor electrocution. This technology has since 
spread throughout the world.
    Morley Nelson passed away February 12, 2005. Renaming of 
the Snake River Birds of Prey National Conservation Area will 
honor his life's work and efforts to protect the area.

                          Legislative History

    Senators Craig and Crapo introduced S. 761 on April 12, 
2005. A companion bill was introduced in the House of 
Representatives by Representative Otter on April 12, 2005. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
761 on May 11, 2005. At the business meeting on September 28, 
2005, the Committee on Energy and Natural Resources ordered S. 
761 favorably reported.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on September 28, 2005, by a unanimous vote of 
a quorum present, recommends that the Senate pass S. 761.

                      Section-by-Section Analysis

    Section 1 contains the short title.
    Subsection 2(a) provides for the renaming of the area.
    (b) directs that any documents referencing the Snake River 
Birds of Prey National Conservation Area shall be deemed to be 
a reference to the Morley Nelson Snake River Birds of Prey 
National Conservation Area.
    (c) provides technical corrections by making certain 
amendments to Public Law 103-64.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

S. 761--Morley Nelson Snake River Birds of Prey National Conservation 
        Area Act

    S. 761 would rename the Snake River Birds of Prey National 
Conservation Area in Idaho as the Morley Nelson Snake River 
Birds of Prey National Conservation Area. Based on information 
from the Department of the Interior, CBO estimates that S. 761 
would have no significant impact on federal costs. Enacting the 
bill would not affect direct spending or revenues.
    S. 761 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.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
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 S. 761. 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 S. 761, as ordered reported.

                        Executive Communications

    The administration has expressed no view on S. 761.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 761, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

AN ACT To establish the Snake River Birds of Prey National Conservation 
Area in the State of Idaho, and for other purposes [Pub. L. 103-64]

           *       *       *       *       *       *       *


SEC. 2. DEFINITIONS.

    As used in this Act:
          (1) The term `Secretary' means the Secretary of the 
        Interior.
          (2) The term `conservation area' means the Morley 
        Nelson Snake River Birds of Prey National Conservation 
        Area established by section 3.

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SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.

    (a) Establishment and Purposes.--(1) There is hereby 
established the Morley Nelson Snake River Birds of Prey 
National Conservation Area [(hereafter referred to as the 
`conservation area')].

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SEC. 4. MANAGEMENT AND USE.

    (a) In General.--(1)(A) Within 1 year after the date of 
enactment of this Act, the Secretary shall make any revisions 
in the existing management plan for the conservation area as 
necessary to assure its conformance with this Act, and no later 
than January 1, 1996, shall finalize a new management plan for 
the conservation area.
    (B) Thereafter, the Secretary shall review the plan at 
least once every 5 years and shall make such revisions as may 
be necessary or appropriate.
    (C) In reviewing and revising the plan, the Secretary shall 
provide for appropriate public participation.
    (2) Except as otherwise specifically provided in section 
3(d) and subsections (d), (e), and (f) of this section, the 
Secretary shall allow only such uses of lands in the 
conservation area as the Secretary determines will further the 
purposes for which the [Conservation Area] conservation area is 
established.

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    (d) Visitors Use of Area.--In addition to the [Visitors 
Center] visitors center, the Secretary may provide for visitor 
use of the public lands in the conservation area to such extent 
and in such manner as the Secretary considers consistent with 
the protection of raptors and raptor habitat, public safety, 
and the purposes for which the conservation area is 
established. To the extent practicable, the Secretary shall 
make available to visitors and other members of the public a 
map of the conservation area and such other educational and 
interpretive materials as may be appropriate.

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