[House Report 110-838]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-838

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



 
         RIO GRANDE WILD AND SCENIC RIVER EXTENSION ACT OF 2008

                                _______
                                

 September 11, 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. 6177]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 6177) to amend the Wild and Scenic Rivers Act to 
modify the boundary of the Rio Grande Wild and Scenic River, 
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 ``Rio Grande Wild and Scenic River 
Extension Act of 2008''.

SEC. 2. RIO GRANDE WILD AND SCENIC RIVER BOUNDARY ADJUSTMENT.

  Paragraph (17) of section 3(a) of the Wild and Scenic Rivers Act (16 
U.S.C. 1274(a)) is amended to read as follows:
          ``(17) Rio grande, texas.--
                  ``(A) In general.--The segment on the United States 
                side of the river from the west boundary of Big Bend 
                National Park, located at approximately river mile 
                902.2, downstream to the river mile 651.1 at the 
                Terrell-Val Verde County line; to be administered by 
                the Secretary of the Interior.
                  ``(B) Map.--The segment described in subparagraph (A) 
                is depicted on the map relating to the Rio Grande Wild 
                and Scenic River titled `Proposed Wild & Scenic River 
                Addition', numbered 192/80,001, and dated March 1, 
                2007.
                  ``(C) Boundary.--The Secretary shall, within two 
                years after the date of enactment of the Rio Grande 
                Wild and Scenic River Extension Act of 2008, take such 
                action with respect to the segment referred to in this 
                paragraph as is provided for under subsection (b). The 
                action required by subsection (b) shall be undertaken 
                by the Secretary, after consultation with the United 
                States Commissioner, International Boundary and Water 
                Commission, United States and Mexico, and appropriate 
                officials of the State of Texas and its political 
                subdivisions. The development plan required by 
                subsection (b) shall be construed to be a general 
                management plan only for the United States side of the 
                river and shall include, but not be limited to, the 
                establishment of a detailed boundary which shall 
                include an average of not more than 160 acres per mile.
                  ``(D) Treaties and agreements.--Nothing in this Act 
                shall be construed to be in conflict with--
                          ``(i) the commitments or agreements of the 
                        United States made by or in pursuance of the 
                        treaty between the United States and Mexico 
                        regarding the utilization of the Colorado and 
                        Tijuana Rivers and of the Rio Grande, signed at 
                        Washington, February 1944 (59 Stat. 1219), or
                          ``(ii) the treaty between the United States 
                        and Mexico regarding maintenance of the Rio 
                        Grande and Colorado River as the international 
                        boundary between the United States and Mexico, 
                        signed November 23, 1970.
                  ``(E) No effect on border fence and the border 
                patrol.--Nothing in this paragraph shall prevent or 
                obstruct the planning, construction, operation, or 
                maintenance of a border fence in the area described in 
                subparagraph (A), and nothing in this paragraph shall 
                affect the operations or duties in such area of the 
                Department of Homeland Security, including the Border 
                Patrol, or of State or local law enforcement 
                agencies.''.

                          Purpose of the Bill

    The purpose of H.R. 6177 is to amend the Wild and Scenic 
Rivers Act to modify the boundary of the Rio Grande Wild and 
Scenic River.

                  Background and Need for Legislation

    H.R. 6177 adds approximately 60 miles to the Rio Grande 
Wild and Scenic River in Texas. The 196-mile stretch of the Rio 
Grande currently designated as wild and scenic stretches from 
Mariscal Canyon to the Terrell-Val Verde County line. The river 
runs along the edge of Big Bend National Park, dividing the 
U.S. from Mexico and forming the elbow that gives the park its 
name.
    The Rio Grande, as it flows past the national park, 
features both broad and open floodplains, or vegas, and steep-
walled, sometimes narrow canyons. In some spots, the river and 
its tributaries lie as much as 1,500 feet below the surrounding 
plateaus. The river corridor supports a wide array of 
Chihuahuan Desert fauna, including threatened and endangered 
species that depend on the rare aquatic and riparian habitats 
of the river.
    When Congress considered designating the river in 1978, the 
National Park Service (NPS) had recommended designating the 
entire portion of the river that runs along the southeastern 
and southwestern boundaries of Big Bend National Park. However, 
the Mexican state of Chihuahua, which lies opposite most of the 
southwestern edge of the park, objected to the inclusion of 
that stretch, and Congress declined to designate those 60 
miles.
    Chihuahua no longer opposes the designation, and the August 
2004 NPS general management plan for the river calls for the 
addition. The additional section will be entirely within the 
boundaries of the park on the U.S. side of the river.
    In addition to the NPS, the bill is supported by a local 
property rights group, several private landowners in the area 
and the Texas Parks and Wildlife Department.

                            Committee Action

    H.R. 6177 was introduced on June 4, 2008, by Representative 
Ciro Rodriguez (D-TX). 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 in support of the 
legislation.
    On July 23, 2008, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on National Parks, 
Forests and Public Lands was discharged from further 
consideration of H.R. 6177. Representative Lamborn (R-CO), on 
behalf of Representative Gohmert (R-TX), offered an amendment 
stating that nothing in the bill shall prevent or obstruct 
planning, construction, operations or maintenance of a border 
fence in the newly designated section of the river, nor affect 
the operations or duties of the Department of Homeland 
Security. The amendment was agreed to by voice vote.
    Representative Lamborn then offered an amendment on behalf 
of Representative Sali (R-ID) to require that all lands within 
the Rio Grande Wild and Scenic River be exclusively governed by 
state and local laws regarding possession and use of weapons, 
including concealed weapons. The amendment was not agreed to by 
a rollcall vote of 9 yeas and 13 nays, as follows:


    The bill as amended was then ordered favorably reported to 
the House of Representatives by voice vote.

            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 amend the Wild and Scenic Rivers 
Act to modify the boundary of the Rio Grande Wild and Scenic 
River.
    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. 6177--Rio Grande Wild and Scenic River Extension Act of 2008

    H.R. 6177 would designate an additional 60 miles of the Rio 
Grande River in Texas as a wild and scenic river. Based on 
information provided by the National Park Service (NPS), CBO 
estimates that implementing the bill would have no effect on 
the federal budget. The segment of the Rio Grande that would be 
affected by the bill is within the boundary of the Big Bend 
National Park and is already administered by the NPS.
    H.R. 6177 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 Deborah Reis. 
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. 6177 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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as 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):

                       WILD AND SCENIC RIVERS ACT




           *       *       *       *       *       *       *
  Sec. 3.(a) The following rivers and the land adjacent thereto 
are hereby designated as components of the national wild and 
scenic rivers system:
          (1) * * *

           *       *       *       *       *       *       *

          [(17) Rio grande, texas.--The segment on the United 
        States side of the river from river mile 842.3 above 
        Mariscal Canyon downstream to river mile 651.1 at the 
        Terrell-Val Verde County line; to be administered by 
        the Secretary of the Interior. The Secretary shall, 
        within two years after the date of enactment of this 
        paragraph, take such action with respect to the segment 
        referred to in this paragraph as is provided for under 
        subsection (b). The action required by such subsection 
        (b) shall be undertaken by the Secretary, after 
        consultation with the United States Commissioner, 
        International Boundary and Water Commission, United 
        States and Mexico, and appropriate officials of the 
        State of Texas and its political subdivisions. The 
        development plan required by subsection (b) shall be 
        construed to be a general management plan only for the 
        United States side of the river and such plan shall 
        include, but not be limited to, the establishment of a 
        detailed boundary which shall include an average of not 
        more than 160 acres per mile. Nothing in this Act shall 
        be construed to be in conflict with--
                  [(A) the commitments or agreements of the 
                United States made by or in pursuance of the 
                treaty between the United States and Mexico 
                regarding the utilization of the Colorado and 
                Tijuana Rivers and of the Rio Grande, signed at 
                Washington, February 1944 (59 Stat. 1219), or
                  [(B) the treaty between the United States and 
                Mexico regarding maintenance of the Rio Grande 
                and Colorado River as the international 
                boundary between the United States and Mexico, 
                signed November 23, 1970.
        For purposes of carrying out the provisions of this Act 
        with respect to the river designated by this paragraph, 
        there are authorized to be appropriated such sums as 
        may be necessary, but not more than $1,650,000 for the 
        acquisition of lands and interests in lands and not 
        more than $1,800,000 for development.]
          (17) Rio grande, texas.--
                  (A) In general.--The segment on the United 
                States side of the river from the west boundary 
                of Big Bend National Park, located at 
                approximately river mile 902.2, downstream to 
                the river mile 651.1 at the Terrell-Val Verde 
                County line; to be administered by the 
                Secretary of the Interior.
                  (B) Map.--The segment described in 
                subparagraph (A) is depicted on the map 
                relating to the Rio Grande Wild and Scenic 
                River titled ``Proposed Wild & Scenic River 
                Addition'', numbered 192/80,001, and dated 
                March 1, 2007.
                  (C) Boundary.--The Secretary shall, within 
                two years after the date of enactment of the 
                Rio Grande Wild and Scenic River Extension Act 
                of 2008, take such action with respect to the 
                segment referred to in this paragraph as is 
                provided for under subsection (b). The action 
                required by subsection (b) shall be undertaken 
                by the Secretary, after consultation with the 
                United States Commissioner, International 
                Boundary and Water Commission, United States 
                and Mexico, and appropriate officials of the 
                State of Texas and its political subdivisions. 
                The development plan required by subsection (b) 
                shall be construed to be a general management 
                plan only for the United States side of the 
                river and shall include, but not be limited to, 
                the establishment of a detailed boundary which 
                shall include an average of not more than 160 
                acres per mile.
                  (D) Treaties and agreements.--Nothing in this 
                Act shall be construed to be in conflict with--
                          (i) the commitments or agreements of 
                        the United States made by or in 
                        pursuance of the treaty between the 
                        United States and Mexico regarding the 
                        utilization of the Colorado and Tijuana 
                        Rivers and of the Rio Grande, signed at 
                        Washington, February 1944 (59 Stat. 
                        1219), or
                          (ii) the treaty between the United 
                        States and Mexico regarding maintenance 
                        of the Rio Grande and Colorado River as 
                        the international boundary between the 
                        United States and Mexico, signed 
                        November 23, 1970.
                  (E) No effect on border fence and the border 
                patrol.--Nothing in this paragraph shall 
                prevent or obstruct the planning, construction, 
                operation, or maintenance of a border fence in 
                the area described in subparagraph (A), and 
                nothing in this paragraph shall affect the 
                operations or duties in such area of the 
                Department of Homeland Security, including the 
                Border Patrol, or of State or local law 
                enforcement agencies.

           *       *       *       *       *       *       *