[House Report 111-437]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-437

======================================================================
 
             STORNETTA OUTSTANDING NATURAL AREA ACT OF 2010

                                _______
                                

 March 11, 2010.--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


                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4192]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 4192) to designate the Stornetta Public Lands as an 
Outstanding Natural Area to be administered as a part of the 
National Landscape Conservation System, and for other purposes, 
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; DEFINITIONS.

  (a) Short Title.--This Act may be cited as the ``Stornetta 
Outstanding Natural Area Act of 2010''.
  (b) Definitions.--In this Act:
          (1) Public lands.--The term ``public lands'' has the meaning 
        stated in section 103(e) of the Federal Land Policy and 
        Management Act of 1976 (43 U.S.C. 1703(e)).
          (2) Outstanding natural area.--The term ``Outstanding Natural 
        Area'' means the Stornetta Outstanding Natural Area established 
        under section 2.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) Stornetta public lands.--The term ``Stornetta Public 
        Lands'' means the lands designated as such on the map referred 
        to in section 2(b).

SEC. 2. DESIGNATION OF THE STORNETTA OUTSTANDING NATURAL AREA.

  (a) In General.--In order to protect, conserve, and enhance for the 
benefit and enjoyment of present and future generations the unique and 
nationally important historical, natural, cultural, scientific, 
educational, scenic, and recreational values of certain lands in and 
around the Stornetta Public Lands, in Mendocino County, California, 
while allowing certain recreational and research activities to 
continue, there is established, subject to valid existing rights, the 
Stornetta Outstanding Natural Area.
  (b) Map.--The Outstanding Natural Area shall consist of the lands 
generally depicted as the Stornetta Outstanding Natural Area on the map 
titled ``Stornetta Outstanding Natural Area'' and dated December 3, 
2009. The map shall be on file and available for public inspection in 
the Office of the Director, Bureau of Land Management, United States 
Department of the Interior, and the State office of the Bureau of Land 
Management in the State of California.
  (c) Basis of Management.--The Secretary shall manage the Outstanding 
Natural Area as part of the National Landscape Conservation System to 
protect the resources of the area, and shall allow only those uses that 
further the purposes for the establishment of the Outstanding Natural 
Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.), and other applicable laws.
  (d) Withdrawal.--Subject to valid existing rights, the Federal lands 
and interests in lands included within the Outstanding Natural Area are 
hereby withdrawn from--
          (1) all forms of entry, appropriation, or disposal under the 
        public land laws;
          (2) location, entry, and patent under the public land mining 
        laws; and
          (3) operation of the mineral leasing and geothermal leasing 
        laws and the mineral materials laws.

SEC. 3. MANAGEMENT OF THE STORNETTA OUTSTANDING NATURAL AREA.

  (a) In General.--The Secretary shall manage the Outstanding Natural 
Area in a manner that conserves, protects, and enhances the unique and 
nationally important historical, natural, cultural, scientific, 
educational, scenic, and recreational values of that area, consistent 
with the requirements section of 2(c).
  (b) Uses.--Subject to valid existing rights, the Secretary shall only 
allow such uses of the Outstanding Natural Area as the Secretary finds 
are likely to further the purposes for which the Outstanding Natural 
Area is established as set forth in section 2(a).
  (c) Management Plan.--Not later than 3 years after funds are made 
available for this purpose, the Secretary shall complete a 
comprehensive management plan consistent with the requirements of 
section 202 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712) to provide long-term management guidance for the public 
lands within the Outstanding Natural Area and fulfill the purposes for 
which it is established, as set forth in section 2(a). The management 
plan shall be developed in consultation with appropriate Federal, 
State, and local government agencies, with full public participation, 
and shall include--
          (1) provisions designed to ensure the protection of the 
        resources and values described in section 2(a);
          (2) a proposal for minimal administrative and public 
        facilities to be developed or improved at a level compatible 
        with achieving the resources objectives for the Outstanding 
        Natural Area as described in subsection (a) and with other 
        proposed management activities to accommodate visitors and 
        researchers to the Outstanding Natural Area; and
          (3) cultural resources management strategies for the 
        Outstanding Natural Area, prepared in consultation with 
        appropriate departments of the State of California, with 
        emphasis on the preservation of the resources of the 
        Outstanding Natural Area and the interpretive, education, and 
        long-term scientific uses of the resources, giving priority to 
        the enforcement of the Archaeological Resources Protection Act 
        of 1979 (16 U.S.C. 470aa et seq.) and the National Historic 
        Preservation Act (16 U.S.C. 470 et seq.) within the Outstanding 
        Natural Area.
  (d) Cooperative Agreements.--In order to better implement the 
management plan and to continue the successful partnerships with local 
communities, the California Coastal National Monument and Manchester 
State Park, administered by the California Department of Parks and 
Recreation, the Secretary may enter into cooperative agreements with 
the appropriate Federal, State, and local agencies pursuant to section 
307(b) of the Federal Land Management Policy and Management Act of 1976 
(43 U.S.C. 1737(b)).
  (e) Research Activities.--In order to continue the successful 
partnership with research organizations and agencies and to assist in 
the development and implementation of the management plan, the 
Secretary may authorize within the Outstanding Natural Area appropriate 
research activities for the purposes identified in section 2(a) and 
pursuant to section 307(a) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1737(a)).
  (f) Acquisition.--State and privately held lands or interests in 
lands adjacent to the Outstanding Natural Area and identified as 
appropriate for acquisition in the management plan may be acquired by 
the Secretary as part of the Outstanding Natural Area only by--
          (1) donation;
          (2) exchange with a willing party; or
          (3) purchase from a willing seller.
  (g) Additions to the Outstanding Natural Area.--Any lands or interest 
in lands adjacent to the Outstanding Natural Area acquired by the 
United States after the date of the enactment of this Act shall be 
added to and administered as part of the Outstanding Natural Area.
  (h) Overflights.--Nothing in this Act or the management plan shall be 
construed to--
          (1) restrict or preclude overflights, including low-level 
        overflights, military, commercial, and general aviation 
        overflights that can be seen or heard within the Outstanding 
        Natural Area;
          (2) restrict or preclude the designation or creation of new 
        units of special use airspace or the establishment of military 
        flight training routes over the Outstanding Natural Area; or
          (3) modify regulations governing low-level overflights above 
        the adjacent Gulf of the Farallones National Marine Sanctuary.
  (i) Law Enforcement Activities.--Nothing in this Act shall be 
construed to preclude or otherwise affect coastal border security 
operations or other law enforcement activities by the Coast Guard or 
other agencies within the Department of Homeland Security, the 
Department of Justice, or any other Federal, State, and local law 
enforcement agencies within the Outstanding Natural Area.
  (j) Native American Uses and Interests.--In recognition of the past 
use of the Outstanding Natural Area by Indians and Indian tribes for 
traditional cultural and religious purposes, the Secretary shall ensure 
reasonable access to the Outstanding Natural Area by Indians and Indian 
tribes for such traditional cultural and religious purposes. In 
implementing this section, the Secretary, upon the request of a 
federally recognized Indian tribe or Indian religious community, may 
temporarily close to the general public use of one or more specific 
portions of the Outstanding Natural Area in order to protect the 
privacy of traditional cultural and religious activities in such areas 
by the federally recognized Indian tribe or Indian religious community. 
Any such closure shall be made to affect the smallest practicable area 
for the minimum period necessary for such purposes. Such access shall 
be consistent with the purpose and intent of Public Law 95-341 (42 
U.S.C. 1996 et seq.; commonly referred to as the ``American Indian 
Religious Freedom Act'').
  (k) No Buffer Zones.--The designation of the Outstanding Natural Area 
is not intended to lead to the creation of protective perimeters or 
buffer zones around the area. The fact that activities outside the 
Outstanding Natural Area and not consistent with the purposes of this 
Act can be seen or heard within the Outstanding Natural Area shall not, 
of itself, preclude such activities or uses up to the boundary of the 
Outstanding Natural Area.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4192 is to designate the Stornetta 
Public Lands as an Outstanding Natural Area to be administered 
as a part of the National Landscape Conservation System, and 
for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Stornetta Public Lands (Stornetta) are located along 
the Northern California coast, in Mendocino County, just north 
of the town of Point Arena (about 140 miles north of San 
Francisco). The 1,132 acre area is administered by the Bureau 
of Land Management (BLM) and encompasses more than two miles of 
coastline along the Pacific Ocean, as well as the estuary of 
the Garcia River, and Sea Lion Rocks Island. Stornetta is also 
adjacent to the historically significant Point Arena 
Lighthouse.
    Stornetta contains an array of remarkable natural 
resources, including extensive wetlands, cypress groves and 
sand dunes. The Garcia River is critical Coho and Chinook 
salmon habitat, while the ocean and coastal areas around 
Stornetta are renowned for the diversity of marine mammals 
found there and have been designated as marine sanctuaries. 
Stornetta has significant cultural sites as well. 
Archaeological excavations have provided insight into the 
customs of the Bokeya Pomo people, who established their main 
village at the mouth of the Garcia River and called this area 
home for almost 12,000 years, until the early 19th century.
    H.R. 4192 would designate certain lands in Stornetta as the 
``Stornetta Outstanding Natural Area'' to be managed as part of 
the National Landscape Conservation System (NLCS), administered 
by the BLM. The bill authorizes the Secretary of the Interior 
(Secretary) to limit uses in the Outstanding Natural Area (ONA) 
to those which further the purposes for which the ONA was 
established--primarily the protection of the natural and 
cultural heritage of the area for future generations. Further, 
the bill withdraws the land, subject to valid existing rights, 
from mineral exploration or extraction.
    H.R. 4192 allows for future land acquisition provided that 
the lands or interest in the lands acquired are donated or 
purchased from a willing seller. It also contains language that 
ensures the ONA designation will not impact, restrict or 
preclude law enforcement activities, coastal border security 
operations, military overflights and establishment of military 
flight routes over the ONA. It also directs the Secretary to 
ensure access to the ONA by Indian tribes for traditional 
cultural and religious purposes.

                            COMMITTEE ACTION

    H.R. 4192 was introduced by Representative Mike Thompson 
(D-CA) on December 3, 2009. The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. At a 
Subcommittee hearing on January 21, 2010, a representative of 
the Department of the Interior testified in support of H.R. 
4192 and recommended only minor, technical changes to the bill.
    On February 24, 2010, the Subcommittee was discharged from 
the further consideration of H.R. 4192 and 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 to make several technical changes. The 
amendment was agreed to by voice vote. 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 and Article IV, section 3 of the 
Constitution of the United States grant 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 designate the Stornetta Public 
Lands as an Outstanding Natural Area to be administered as a 
part of the National Landscape Conservation System, 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. 4192--Stornetta Outstanding Natural Area Act of 2010

    H.R. 4192 would establish the Stornetta Outstanding Natural 
Area in Mendocino County, California. The area would be 
administered by the Bureau of Land Management (BLM) as part of 
the National Landscape Conservation System.
    Based on information provided by BLM, CBO estimates that 
implementing H.R. 4192 would have no significant effect on 
discretionary costs because the 1,100-acre Stornetta site is 
owned by the federal government and is already administered by 
BLM to protect natural and other resources. We expect that the 
agency would not acquire other properties adjacent to the area 
and would consider only minimal development of the site, mostly 
through cooperative agreements with local or state agencies.
    Enacting H.R. 4192 would not affect revenues or direct 
spending; therefore, pay-as-you-go procedures would not apply.
    H.R. 4192 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.
    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. 4192 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

               PREEMPTION OF STATE, LOCAL FOR 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.

              DISSENTING VIEWS OF THE HONORABLE ROB BISHOP

    There are significant concerns with H.R. 4192 because it 
promotes expensive beachfront land acquisition and an expansion 
of the National Landscape Conservation System (NLCS) while our 
country faces an exploding budget deficit and almost 10% of our 
fellow citizens are out of work. At the January legislative 
hearing on H.R. 4192, the Department of the Interior claimed 
that this bill effectively does nothing except change the 
facility's name, done under the guise of ``elevating the 
visibility'' of certain federal properties to encourage 
tourism.
    However, the Bureau of Land Management (BLM) made it very 
clear that what this bill actually does is authorize 
acquisition of private land with taxpayers' money. The 
government already has vast expanses of land under its control 
and a significant maintenance backlog to prove it is unable to 
manage what it already has. While the current recession has 
lowered the price of beachfront properly such as this, it 
hardly means that the federal government is in any position to 
buy it.
    This is yet another example of the dangerous appetite of 
the NLCS. Proponents of the system claim that the designation 
changes nothing, but somehow protects against everything, 
including the perceived evils of multiple use. You can't have 
it both ways.
    A recent investigation by the Inspector General of the 
Department of the Interior revealed illegal lobbying by 
employees of the NLCS. Despite the illicit behavior of the 
officials running this program, the Committee Democrats pushed 
through this bill which expands the acreage under their 
supervision.
    When properly managed under multiple use principles, BLM 
land can contribute to our twin goals of good stewardship and a 
strong economy with good-paying jobs. Unfortunately, this bill 
is a step toward accomplishing former Clinton-era Secretary of 
the Interior Bruce Babbitt's plan to use the NLCS to block 
balanced multiple use by imposing an ever-increasing National 
Park-like regime that endangers our access to secure, domestic 
resources and increases our dependence on foreign sources of 
food, lumber, energy, minerals and other necessities.
                                                        Rob Bishop.



                                  
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