[House Report 110-799]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-799
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WALNUT CANYON STUDY ACT OF 2008
_______
July 29, 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. 5751]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 5751) to direct the Secretary of the Interior and
the Secretary of Agriculture to jointly conduct a study of
certain land adjacent to the Walnut Canyon National Monument in
the State of Arizona, 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. 5751 is to direct the Secretary of the
Interior and the Secretary of Agriculture to jointly conduct a
study of certain land adjacent to the Walnut Canyon National
Monument in the State of Arizona, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
Designated in 1915, Walnut Canyon National Monument is an
archaeological park outside Flagstaff, Arizona, that protects
prehistoric cliff dwellings and their environment. The monument
encompasses 3,600 acres. It is important to local tribes and is
a significant tourist destination.
The close proximity of the monument to the urban Flagstaff
area may threaten the monument in the future as urban growth
continues. Local governments have recognized this threat and
the Coconino County Board of Supervisors and the Flagstaff City
Council have both passed resolutions calling for a federal
study to determine the best means of protecting the monument.
In addition, the recently completed National Park Service
General Management Plan for the monument includes many of the
prescriptions called for in this legislation.
COMMITTEE ACTION
H.R. 5751 was introduced on April 9, 2008 by Representative
Ed Pastor (D-AZ). 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 July 10, 2008,
the Subcommittee held a hearing on the bill during which the
Administration testified that they did not object to the bill.
The Subcommittee was discharged from further consideration
of H.R. 5751 on July 16, 2008 and the Full Natural Resources
Committee met to consider the bill. The bill was ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be cited as the
``Walnut Canyon Study Act of 2008.''
Section 2. Definitions
Section 2 defines the ``map'' as the ``Walnut Canyon
Proposed Study Area'' map dated July 17, 2007; defines the
``Secretaries'' as the Secretary of the Interior and the
Secretary of Agriculture; and defines the ``study area'' as the
area identified on the ``Walnut Canyon Proposed Study Area''
map cited above.
Section 3. Study
Section 3(a) directs the Secretaries to conduct a study to
assess the suitability and feasibility of designating all or
part of the study area as an addition to Walnut Canyon National
Monument, determine if study area lands should continue to be
managed by the Forest Service, or determine what other
designation or management options would provide for protection
of resources within the study area while providing continued
public access to and use of the study area.
Section 3(b) directs the Secretaries to provide for public
comment in the preparation of the study authorized in Section
3(a) and requires that the Secretaries consult with appropriate
federal, state and local government entities.
Section 3(c) requires the Secretaries, within 18 months of
funds being made available to carry out this act, to submit a
report to the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate containing the results of the study and
the recommendations of the Secretaries.
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 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. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to direct the Secretary of the
Interior and the Secretary of Agriculture to jointly conduct a
study of certain land adjacent to the Walnut Canyon National
Monument in the State of Arizona, and for other purposes.
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. 5751--Walnut Canyon Study Act of 2008
H.R. 5751 would direct the Department of the Interior (DOI)
and the U.S. Department of Agriculture (USDA) to conduct a
joint study to determine the suitability and feasibility of
designating certain land as an addition to the Walnut Canyon
National Monument. Based on information from DOI and USDA and
assuming the availability of appropriated funds, CBO estimates
that implementing H.R. 5751 would cost less than $500,000.
Enacting the legislation would not affect direct spending or
revenues.
H.R. 5751 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.
On August 7, 2007, CBO transmitted a cost estimate for S.
722, the Walnut Canyon Study Act of 2007, as ordered reported
by the Senate Committee on Energy and Natural Resources on July
25, 2007. The versions of the legislation are similar, and the
estimated costs are the same.
The CBO staff contact for this estimate is Tyler Kruzich.
The 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. 5751 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.