[House Report 112-165]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-165

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   TO ELIMINATE AN UNUSED LIGHTHOUSE RESERVATION, PROVIDE MANAGEMENT 
  CONSISTENCY BY INCORPORATING THE ROCKS AND SMALL ISLANDS ALONG THE 
    COAST OF ORANGE COUNTY, CALIFORNIA, INTO THE CALIFORNIA COASTAL 
 NATIONAL MONUMENT MANAGED BY THE BUREAU OF LAND MANAGEMENT, AND MEET 
 THE ORIGINAL CONGRESSIONAL INTENT OF PRESERVING ORANGE COUNTY'S ROCKS 
               AND SMALL ISLANDS, AND FOR OTHER PURPOSES

                                _______
                                

 July  20, 2011.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 944]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 944) to eliminate an unused lighthouse 
reservation, provide management consistency by incorporating 
the rocks and small islands along the coast of Orange County, 
California, into the California Coastal National Monument 
managed by the Bureau of Land Management, and meet the original 
Congressional intent of preserving Orange County's rocks and 
small islands, 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. 944 is to eliminate an unused 
lighthouse reservation, provide management consistency by 
incorporating the rocks and small islands along the coast of 
Orange County, California, into the California Coastal National 
Monument managed by the Bureau of Land Management and meet the 
original Congressional intent of preserving Orange County's 
rocks and small islands.

                  Background and Need for Legislation

    H.R. 944 is intended to correct a situation in which two 
public laws from the 1930's are inadvertently preventing 
certain rocks, pinnacles, reefs, small islands and lighthouses 
off the coast of Orange County from being included in the 
California Coastal National Monument (Monument).
    President Bill Clinton, under the authority of Section 2 of 
the Antiquities Act of 1906, created the California Coastal 
National Monument on January 11, 2000. The Monument is 
protected as part of the National Landscape Conservation System 
and managed by the Bureau of Land Management. The Monument 
spans the entire 1,100 miles of the California coast between 
Mexico and Oregon, and extends 12 nautical miles from the 
shoreline. When created, the Monument only included 
``unreserved and unappropriated'' rocks and islands. Since the 
areas covered by this bill were reserved for lighthouses that 
were never built, they were not designated as part of the 
Monument. This legislation will therefore provide consistency 
in the management of these geologic features under the umbrella 
of the National Landscape Conservation System.

                            Committee Action

    H.R. 944 was introduced on March 8, 2011, by Congressman 
John Campbell (R-CA). 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 May 4, 2011, 
the Subcommittee on National Parks, Forests and Public Lands 
held a hearing on the bill. On June 15, 2011, the Full 
Resources Committee met to consider the bill. The Subcommittee 
on National Parks, Forests and Public Lands was discharged by 
unanimous consent. No amendments were offered and the bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            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.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 944--A bill to eliminate an unused lighthouse reservation, provide 
        management consistency by incorporating the rocks and small 
        islands along the coast of Orange County, California, into the 
        California Coastal National Monument managed by the Bureau of 
        Land Management, and meet the original Congressional intent of 
        preserving Orange County's rocks and small islands, and for 
        other purposes

    H.R. 944 would add certain islands and large rocks located 
off the coast of California to the California Coastal National 
Monument. The act also would repeal statutes enacted in the 
1930s that reserved two of the rocks for lighthouses that were 
never constructed.
    Based on information provided by the Bureau of Land 
Management, CBO estimates that implementing H.R. 944 would have 
no significant impact on the federal budget. The affected 
properties are already administered by the federal government, 
and their inclusion in the national monument would not require 
the purchase or development of any land. Enacting H.R. 944 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 944 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. Enacting H.R. 944 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                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):

                        ACT OF FEBRUARY 18, 1931


 CHAP. 226.--AN ACT To reserve for public use rocks, pinnacles, reefs, 
   and small islands along the seacoast of Orange County, California.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That all 
rocks, pinnacles, reefs, and islands having an area, at 
ordinary high tide, of less than two acres, and located in the 
Pacific Ocean within one mile of the coast of Orange County, 
California, be, and the same are hereby, [temporarily reserved, 
pending enactment of appropriate legislation by the Congress of 
the United States] part of the California Coastal National 
Monument and shall be administered as such, in the interest of 
preserving the same for park, scenic, or other public purposes, 
and no patent shall issue for any of said rocks, pinnacles, 
reefs, or islands under any law relating to the public lands 
after the passage of this Act.
                              ----------                              


                 SECTION 31 OF THE ACT OF MAY 28, 1935


  AN ACT To authorize the Secretary of Commerce to dispose of certain 
            lighthouse reservations, and for other purposes.

  [Sec. 31. That the Act of February 18, 1931 (46 Stat. 1172), 
entitled ``An Act to reserve for public use rocks, pinnacles, 
reefs, and small islands along the sea coast of Orange County, 
California'', is hereby amended to reserve for lighthouse 
purposes the San Juan and San Mateo Rocks and the two rocks in 
the vicinity of Laguna Beach, off the coast of Orange County, 
California.]

                                  
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