[Senate Report 110-116]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 249
110th Congress                                                   Report
                                 SENATE
 1st Session                                                    110-116

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



 
               NATIONAL LANDSCAPE CONSERVATION SYSTEM ACT

                                _______
                                

                 June 28, 2007.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1139]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1139) to establish the National Landscape 
Conservation System, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Landscape Conservation 
System Act''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) System.--The term ``system'' means the National Landscape 
        Conservation System established by section 3(a).

SEC. 3. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM.

    (a) Establishment.--In order to conserve, protect, and restore 
nationally significant landscapes that have outstanding cultural, 
ecological, and scientific values for the benefit of current and future 
generations, there is established in the Bureau of Land Management the 
National Landscape Conservation System.
    (b) Components.--The system shall include each of the following 
areas administered by the Bureau of Land Management:
      (1) Each area that is designated as--
                  (A) a national monument;
                  (B) a national conservation area;
                  (C) a wilderness study area;
                  (D) a national scenic trail or national historic 
                trail designated as a component of the National Trails 
                System;
                  (E) a component of the National Wild and Scenic 
                Rivers System; or
                  (F) a component of the National Wilderness 
                Preservation System.
          (2) Any area designated by Congress to be administered for 
        conservation purposes, including--
                  (A) the Steens Mountain Cooperative Management and 
                Protection Area;
                  (B) the Headwaters Forest Reserve;
                  (C) the Yaquina Head Outstanding Natural Area; and
                  (D) any additional area designated by Congress for 
                inclusion in the system.
    (c) Management.--The Secretary shall manage the system--
          (1) in accordance with any applicable law (including 
        regulations) relating to any component of the system included 
        under subsection (b); and
          (2) in a manner that protects the values for which the 
        components of the system were designated.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                         PURPOSE OF THE MEASURE

    The purpose of S. 1139 is to codify the National Landscape 
Conservation System within the Bureau of Land Management.

                          BACKGROUND AND NEED

    The National Landscape Conservation System was established 
administratively by the Department of the Interior in 2000 and 
consists of all areas the Bureau of Land Management administers 
for conservation purposes. The system includes 15 National 
Monuments, 17 National Conservation Areas, over 6.5 million 
acres of wilderness in 161 areas, over 15.5 million acres of 
BLM-administered wilderness study areas, 12 National Historic 
Trails, 2 National Scenic Trails, and 38 Wild and Scenic 
Rivers. The concept behind grouping all of these areas into one 
system was to increase public awareness of the importance of 
these lands and to highlight the BLM's conservation of these 
areas and their cultural, historical, scientific, and 
ecological significance to the Nation.
    However, because the NLCS was established administratively, 
it does not have the permanence that it would have if codified 
legislatively. In addition, legislative enactment of the NLCS 
may increase attention to these important, congressionally and 
presidentially protected areas, and will help ensure that the 
system remains a high priority within the BLM and the 
Department of the Interior. S. 1139 does not create any new 
management authority and does not change the authorities for 
any of the previously designated areas within the system.

                          LEGISLATIVE HISTORY

    S. 1139 was introduced by Senators Bingaman, Salazar, 
Cantwell, and Sanders on April 18, 2007. Senator Wyden was 
added as a cosponsor on May 8, 2007.
    The Subcommittee on Public Lands and Forests held a hearing 
on S. 1139 on May 3, 2007.
    On May 23, 2007, the Committee on Energy and Natural 
Resources ordered S. 1139 to be reported with an amendment in 
the nature of a substitute favorably.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on May 23, 2007, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1139, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1139, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
clarified the description of the components of the National 
Landscape Conservation System, but did not make any substantive 
changes to the bill as introduced. The amendment is described 
in detail in the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title, the ``National 
Landscape Conservation System Act.''
    Section 2 defines key terms used in the bill.
    Section 3(a) establishes in the Bureau of Land Management 
(BLM) the National Landscape Conservation System in order to 
conserve, protect, and restore nationally significant 
landscapes that have outstanding cultural, ecological, and 
scientific values for the benefit of current and future 
generations.
    Subsection (b) lists the components of the system, which 
includes the following BLM-administered areas: national 
monuments; national conservation areas; wilderness areas and 
wilderness study areas; national scenic or national historic 
trails; and wild and scenic rivers. The system also includes 
the Steens Mountain Cooperative Management and Protection Area 
in Oregon, the Yaquina Head Outstanding Natural Area in Oregon, 
and the Headwaters Forest Reserve in California.
    Section 4 authorizes the appropriation of such sums as are 
necessary to carry out the Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:
                                                      June 6, 2007.
Hon. Jeff Bingaman,
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 S. 1139, the National 
Landscape Conservation System Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

S. 1139--National Landscape Conservation System Act

    S. 1139 would provide a statutory basis for the National 
Landscape Conservation System (NLCS), which was established 
administratively in 2000. The NLCS encompasses about 20 million 
acres of land administered by the Bureau of Land Management. 
Based on information provided by that agency, CBO estimates 
that enacting S. 1139 would have no effect on the NLCS budget, 
which is currently about $50 million a year, because BLM 
already has permanent authority to manage the land in the NLCS, 
subject to amounts provided in annual appropriations acts. 
Enacting S. 1139 would not affect direct spending or revenues.
    The bill contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Deborah Reis. 
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. 1139. 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. 1139, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Bureau of Land Management at 
the Subcommittee hearing on S. 1139 follows:

  Statement of Jim Hughes, Acting Director, Bureau of Land Management

    Thank you for inviting me to testify on S. 1139, the 
National Landscape Conservation System Act. The National 
Landscape Conservation System (NLCS) is a significant part of 
the Bureau of Land Management's (BLM) conservation efforts and 
is integral to the BLM's overall multiple-use mission. The BLM 
is proud to oversee this system which includes areas nationally 
recognized for their outstanding values. These lands are not 
simply places to visit; they help define who we are as a Nation 
and tell the story of our nation as it unfolded in the 
unforgettable natural landscapes of the West.
    The Department supports S. 1139, a bill that would 
legislatively establish the NLCS in order to conserve, protect, 
and restore nationally significant landscapes. The bill would 
provide for the inclusion in the NLCS of Congressionally and 
Presidentially designated special places administered by the 
BLM. S. 1139 would provide legislative support to the NLCS and 
its conservation mission within the BLM.


                               background


    In June 2000, the Department of the Interior 
administratively established the NLCS within the BLM bringing 
into a single organized system many of the BLM's outstanding 
ecological, cultural and scientific landscapes. The BLM is 
charged with managing the public lands for a wide range of 
uses. This multiple-use mission directs the balanced management 
of public lands for many uses, including conservation, 
recreation, livestock grazing, energy development, and timber 
production. The NLCS is an integral part of that mission and 
includes National Monuments, National Conservation Areas 
(NCAs), National Scenic and Historic Trails, Wild and Scenic 
Rivers, Wilderness, and Wilderness Study Areas (WSAs). The BLM, 
under the authority of section 603 of FLPMA, manages WSAs so as 
not to impair their wilderness character. The establishment of 
the NLCS would not change the status of the WSAs or the 
authority of Congress, at some future time, to designate them 
as units of the National Wilderness Preservation System or to 
release them for non-wilderness multiple use.
    The NLCS currently includes 20 million acres of 
archaeological and historic treasures such as Canyons of the 
Ancients National Monument in Colorado and the Oregon National 
Historic Trail, wildlife havens such as Snake River Birds of 
Prey NCA in Idaho and Aravaipa Canyon Wilderness in Arizona, 
and hiking challenges such as King Range National Conservation 
Area along the lost coast of northern California and 
significant sections of the Continental Divide National Scenic 
Trail as it winds its way through New Mexico, Colorado, Wyoming 
and Montana.
    Over the last six years, since its inception, the NLCS has 
established successful, collaborative relationships with local 
communities, States, tribes, friends groups, and private 
citizens. These partnerships are critical to the on-the-ground 
success of NLCS units.
    In an increasingly crowded and fast-changing West, NLCS 
units provide some of the best examples of open space. For the 
most part, NLCS units are not highway developed. Rather, they 
provide visitors a different kind of outdoor experience--an 
opportunity to explore, discover and relax. These are places to 
get lost and find oneself.
    Many NLCS units were designated specifically for their 
scientific values. Recent discoveries at some NLCS units 
include cave-dwelling millipedes previously unknown to science 
and numerous new species of dinosaurs. In 2006, at Grand 
Staircase-Escalante National Monument, the discovery of one of 
the largest known oviraptors in the world (a giant 7-foot-tall, 
14-foot-long flesh-eating, feathered dinosaur) was revealed. 
The diverse opportunities for scientific inquiry allow NLCS 
units to be used as outdoor laboratories by a wide range of 
universities, colleges, and high schools including Brigham 
Young University, Montana State University, Colorado State 
University, Northern Arizona University, Universidad de Sonora 
(Mexico), Stanford University, Boise State University, 
University of New South Wales (Australia), Oregon State 
University, University of Utah, and the University of 
Witwatersrand (South Africa). Their efforts also directly 
benefit local communities. For example, studies of lava flows 
at Craters of the Moon National Monument in collaboration with 
Idaho State University contribute to hands-on science 
curriculum for local elementary students.
    Much of the support for NLCS units comes from local 
communities that work with the BLM to engage in cooperative 
conservation that enhance local economies, cultures, and 
resources. At New Mexico's Kasha-Katuwe Tent Rocks National 
Monument, an inter-governmental cooperative agreement between 
the BLM and the Pueblo de Cochiti has successfully provided for 
enhanced visitor services while improving the health of the 
land at this spectacular geologic wonder. In southern Arizona, 
Las Cienegas NCA is collaborating with local ranchers, water 
districts, the State and county to develop innovative solutions 
to managing this precious watershed in a desert environment--
all in the context of a historic ranching community.
    Many NLCS units are adjacent to growing urban centers and 
provide respite from the city as well as recreational 
opportunities. Santa Rosa and San Jacinto Mountains National 
Monument adjoins the burgeoning Palm Springs area of 
California; McGinnis Canyons NCA lies near Grand Junction, 
Colorado; and Red Rock Canyon NCA is located just outside of 
Las Vegas, Nevada. Red Rock Canyon NCA has some of the highest 
visitation of any BLM-administered site and serves as an 
adventurous alternative for locals and visitors from Las Vegas' 
other attractions. The many communities in California's 
Coachella Valley welcome the undeveloped open spaces of the 
Congressionally designated Santa Rosa and San Jacinto Mountains 
National Monument. Partnerships with the Agua Caliente Band of 
Cahuilla Indians, the Friends of the Desert Mountains, and the 
cities of Palm Desert, Palm Springs, La Quinta, Cathedral City, 
Indian Wells, Rancho Mirage and Indio have enhanced BLM's 
ability to improve recreational opportunities while also 
providing for improved habitat for the endangered Peninsular 
bighorn sheep. Colorado's growing recreation industry promotes 
McInnis Canyon as a place for outdoor activity including 
wilderness hiking, rafting and mountain biking.
    From the remote, wild Steens Mountain Cooperative 
Management and Protection Area in the eastern part of the 
State, to coastal Yaquina Head Outstanding Natural Area's 
lighthouse and tidal pools, the diversity of NLCS units can be 
viewed across the breadth of Oregon. The Oregon National 
Historic Trail and the interpretive center in Baker City 
provide a window into our pioneer past and the 300,000 
emigrants who used this pathway to the Pacific. Three 
ecosystems collide in Cascade-Siskiyou National Monument in 
southwestern Oregon forming a unique assemblage of rare plants 
and animals. Oregon's 802 miles of wild and scenic rivers 
provide unparalleled opportunities for fishing, hunting and 
boating which contribute to economic diversity in local 
communities.


                                s. 1139


    S. 1139 proposes to establish in statute the current 
administrative structure of the BLM's National Landscape 
Conservation System. The bill would not alter the management of 
its individual units. It recognizes the diverse nature of the 
component parts of the BLM's NLCS by directing that the units 
be managed in accordance with the laws related to each 
individual unit. As each unit is unique, we strongly support 
this recognition of their individual management frameworks.
    By formalizing the NLCS, S. 1139 would give Congressional 
support and direction, strengthening this special system of 
lands within the context of the BLM's multiple-use mission. 
This will assure that these landscapes of the American spirit 
would be conserved, protected, and restored for the benefit of 
current and future generations.
    Thank you for the opportunity to testify in support of S. 
1139. I will be happy to answer any questions.

                        CHANGES IN 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 bill S. 1139, as 
ordered reported.

                                  
