[House Report 110-531]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-531

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



 
               ORCHARD DETENTION BASIN FLOOD CONTROL ACT

                                _______
                                

 February 28, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 816]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 816) to provide for the release of certain land from 
the Sunrise Mountain Instant Study Area in the State of Nevada 
and to grant a right-of-way across the released land for the 
construction and maintenance of a flood control project, 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 ``Orchard Detention Basin Flood Control 
Act''.

SEC. 2. RELEASE OF CERTAIN LAND IN THE SUNRISE MOUNTAIN INSTANT STUDY 
                    AREA.

  (a) Finding.--Congress finds that the land described in subsection 
(c) has been adequately studied for wilderness designation under 
section 603 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1782).
  (b) Release.--The land described in subsection (c)--
          (1) is no longer subject to section 603(c) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
          (2) shall be managed in accordance with--
                  (A) land management plans adopted under section 202 
                of that Act (43 U.S.C. 1712); and
                  (B) cooperative conservation agreements in existence 
                on the date of the enactment of this Act.
  (c) Description of Land.--The land referred to in subsections (a) and 
(b) is the approximately 65 acres of land in the Sunrise Mountain 
Instant Study Area of Clark County, Nevada, that is--
          (1) known as the ``Orchard Detention Basin''; and
          (2) designated for release on the map titled ``Orchard 
        Detention Basin'' and dated March 18, 2005.

                          PURPOSE OF THE BILL

    The purpose of H.R. 816 is to provide for the release of 
certain land from the Sunrise Mountain Instant Study Area in 
the State of Nevada for the construction and maintenance of a 
flood control project known as the Orchard Detention Basin.

                  BACKGROUND AND NEED FOR LEGISLATION

    The 10,240-acre Sunrise Mountain Instant Study Area (ISA), 
managed by the Bureau of Land Management (BLM), is located just 
east of Las Vegas in Clark County, Nevada. The proposed Orchard 
Detention Basin Project is a part of the Clark County Regional 
Flood Control District's master plan to protect the rapidly 
growing Las Vegas Valley. The project is designed to shield 
1,800 acres of urban land from flooding.
    Section 603 of the Federal Land Policy and Management Act 
of 1976 (FLPMA) (43 U.S.C. 1782) requires the Secretary to 
review for wilderness suitability all roadless areas of at 
least 5,000 acres identified as having wilderness 
characteristics, such as the Sunrise Mountain ISA. The 
Secretary is required to manage these areas as wilderness until 
Congress has determined otherwise. The BLM reviewed the Sunrise 
Mountain ISA and recommended that it be released for uses other 
than wilderness.
    H.R. 816 releases a 65-acre section of the ISA from further 
wilderness study for the construction and maintenance of a 
flood water retention basin known as the Orchard Detention 
Basin Project. Once released from wilderness study, the BLM has 
the existing authority to grant the right of way under FLPMA, 
subject to a National Environmental Policy Act analysis, 
project-specific terms and conditions, and payment of rent 
which is normally waived for rights of way granted to local 
governments.

                            COMMITTEE ACTION

    H.R. 816 was introduced February 5, 2007, by Representative 
Jon Porter (R-NV). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on National Parks, Forests and Public Lands. On October 23, 
2007, the Subcommittee held a hearing on the bill, where a 
representative of the BLM told the Subcommittee that the 
Interior Department supports the bill.
    On February 13, the full Natural Resources Committee met to 
consider the bill. Subcommittee Chairman Raul Grijalva (D-AZ) 
offered an amendment in the nature of a substitute that deleted 
the specific right-of-way language in the bill as introduced 
because the BLM has authority to execute this administratively. 
The Grijalva amendment was adopted by unanimous consent. The 
bill, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short Title.

    Section 1 entitles this Act the ``Orchard Detention Basin 
Flood Control Act''.

Section 2. Release of Certain Land in the Sunrise Mountain Instant 
        Study Area.

    Subsection 2(a) finds that land described in Subsection 
2(c) has been adequately studied for wilderness suitability and 
designation under section 603 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1782).
    Subsection 2(b)(1) releases the 65 acres of land described 
in subsection 2(c) from further wilderness study providing that 
the land is no longer subject to section 603(c) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 17829(c)), 
thus, the Secretary is no longer required to manage it as 
wilderness.
    Subsection 2(b)(2) provides that the land instead shall be 
used and managed in accordance with both: subsection (A), land 
management plans adopted under section 202 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1712); and in 
accordance with subsection (B) cooperative conservation 
agreements in existence on the date of the enactment of this 
Act.
    Subsection 2(c) describes the land, referred to in 
subsections 2(a) and 2(b), that is to be released as the 
approximately 65 acres in the Sunrise Mountain Instant Study 
Area of Clark County, Nevada, known as the ``Orchard Detention 
Basin'' and designated for release on the map entitled 
``Orchard Detention Basin'' and dated March 18.

            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 Natural 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:

H.R. 816--Orchard Detention Basin Flood Control Act

    H.R. 816 would release 65 acres of land currently 
designated as a wilderness study area in the Bureau of Land 
Management's (BLM' s) Sunrise Mountain Instant Study Area and 
allow it to be used for other activities. An ``instant study 
area'' is a federal designation that protects environmentally 
sensitive areas by restricting development.
    Based on information from BLM, CBO estimates that enacting 
H.R. 816 would have no significant effect on the federal 
budget. According to the agency, the land that would be 
affected by the bill currently does not generate any 
significant receipts, and it is unlikely to do so in the next 
10 years. Therefore, we estimate that altering the status of 
this land would not significantly affect federal offsetting 
receipts (a credit against direct spending). Enacting H.R. 816 
would not affect federal revenues.
    H.R. 816 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 816 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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