[Senate Report 113-59]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 113
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-59

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                PINE FOREST RANGE RECREATION ENHANCEMENT

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 342]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 342) to designate the Pine Forest Range 
Wilderness area in Humboldt County, Nevada, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 342 is to designate approximately 26,000 
acres along the Pine Forest Range in Nevada as wilderness and 
to authorize a land exchange.

                          BACKGROUND AND NEED

    The Pine Forest Range is located in northern Nevada's arid 
Great Basin. It includes the Blue Lakes Wilderness Study Area 
in the highest portion of the Range and the Alder Creek 
Wilderness Study Area on the adjacent sagebrush steppe of the 
Range's western slope. They feature extraordinary scenery, 
alpine lakes, and wildlife habitat. The area's hiking, 
horseback riding, rock climbing, hunting, fishing, and camping 
opportunities have made it one of the most highly visited 
recreation areas in the region.
    A group of stakeholders began working in 2009 and 2010 to 
develop a broadly supported proposal to protect the area as 
wilderness. In response, the Nevada delegation introduced the 
Pine Forest Range Recreation Enhancement Act, which would 
designate the two adjacent wilderness study areas as the Pine 
Forest Wilderness and authorize a land exchange to facilitate 
the acquisition by the Bureau of Land Management of private 
lands that are included in the proposed wilderness area.

                          LEGISLATIVE HISTORY

    Senators Reid and Heller introduced S. 342 on February 14, 
2013. A hearing was held by the Subcommittee on Public Lands, 
Forests, and Mining on S. 342 on April 25, 2013. At its 
business meeting on May 16, 2013, the Committee ordered the 
bill favorably reported without amendment.
    A similar bill, S. 1788, was introduced in the 112th 
Congress. On March 22, 2012, the Subcommittee on Public Lands 
and Forests held a hearing on S. 1788 (S. Hrg. 112-642).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 342.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Pine Forest Range 
Recreation Enhancement Act of 2013''.
    Section 2 defines key terms.
    Section 3(a) designates the Pine Forest Range Wilderness as 
a component of the National Wilderness Preservation System.
    Subsection (b)(1) establishes the boundary of any portion 
of the Wilderness that is boarded by a road shall be 100 feet 
from the road.
    Subsection (b)(2) allows the Secretary to (a) reroute the 
road running through Long Meadow to the west to remove the road 
from the riparian area; (B) reroute the road currently running 
through Rodeo Flat/Corral Meadow to the east to remove the road 
from the riparian area; and (C) close, except for 
administrative use, the road along Lower Alder Creek south of 
Bureau of Land Management road #2083.
    Subsection (b)(3) establishes the boundary of the 
Wilderness 160 feet downstream from the damn at Little Onion 
Reservoir.
    Subsection (c) provides for a map and legal description.
    Subsection (d) withdraws the Wilderness from the operation 
of the public land laws, mining laws, and mineral and 
geothermal leasing laws.
    Section 4 sets forth the Secretary's requirements for 
administering the wilderness.
    Subsection (a) this Act requires that the Secretary 
administer the Wilderness in accordance with the Wilderness 
Act.
    Subsection (b) allows the grazing of livestock in the 
Wilderness to continue if established before the date of 
enactment of this Act
    Subsection (c) provides that any land or interest in land 
within the boundary of the Wilderness that is acquired by the 
United States after the enactment of this Act shall be added to 
and administered as part of the Wilderness.
    Subsection (d) clarifies that Congress does not intend for 
the Wilderness to create a protective buffer zone around the 
Wilderness.
    Subsection (e) clarifies that military overflights are not 
restricted over the Wilderness.
    Subsection (f) directs that the Secretary take measures to 
control fire, insects and disease within the boundaries of the 
Wilderness in accordance of the Wilderness Act.
    Subsection (g) permits wildfire management operations to 
continue.
    Subsection (h) authorizes the Secretary to install 
hydrologic, meteorologic, or climatological collection devices 
if the Secretary determines that the facilities and access to 
the facilities are essential to flood warning, flood control, 
or water reservoir operation activities.
    Subsection (i)(1) provides findings related to water rights 
issues.
    Subsection (i)(2) states that the Act is intended to 
protect the wilderness values of the land by means other than 
an federally reserved water right.
    Subsection (3)(A) clarifies that nothing in this act 
constitutes an express or implied reservation by the United 
States of any water or water rights with respect to the 
Wilderness; (B) affects any water rights in the State 
(including any water rights held by the United States) in 
existence on the date of enactment of this Act; (C) establishes 
a precedent with regard to any future wilderness designations; 
(D) affects the interpretation of, or any designation made 
under, any other Act; or (E) limits, alters, modifies, or 
amends any interstate compact or equitable apportionment decree 
that apportions water among and between the State and other 
States.
    Section 5 releases portions of the Blue Lakes and Alder 
creek wilderness study areas not designated as wilderness areas 
from being subject to section 603(c) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1782(c))
    Section 6(a) directs the Secretary to manage local 
wildlife, hunting, fishing, and trapping in accordance with the 
Wilderness Act.
    Subsection (e) states that the State of Nevada may conduct 
wildlife management activities in the Wilderness in accordance 
with the terms and conditions specified in the cooperative 
agreement between the Secretary and the State entitled 
`Memorandum of Understanding between the Bureau of Land 
Management and the Nevada Department of Wildlife Supplement No. 
9' and signed November and December 2003, including any 
amendments to the cooperative agreement agreed to by the 
Secretary and the State.
    Section 7 provides that the Secretary may enter into a land 
exchange for non-federal land subject to the requirement that 
non-federal parties pay at least half the costs
    Section 8 provides that this Act alters or diminishes the 
treaty rights of any Indian tribe.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 342--Pine Forest Range Recreation Enhancement Act of 2013

    S. 342 would designate 26,000 acres of land in northwest 
Nevada as the Pine Forest Range Wilderness. The bill also would 
authorize the Secretary of the Interior to conduct certain land 
exchanges. Based on information provided by the Bureau of Land 
Management (BLM), CBO estimates that implementing S. 342 would 
have no significant impact on the federal budget. Enacting the 
legislation would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    The acreage to be added to the National Wilderness 
Preservation System is currently administered by BLM. CBO 
estimates that no additional resources would be required to 
manage the affected lands as a result of the new designation. 
Based on information provided by BLM, CBO expects that certain 
road modifications required under the bill would be made under 
current law. Finally, we expect that any costs to revise 
brochures, maps, and signs would be minimal because most such 
revisions would take place in conjunction with scheduled 
reprinting and routine maintenance.
    In addition, S. 342 would give the Secretary of the 
Interior the discretion to make certain land exchanges in 
accordance with an existing resource management plan. Because 
the Secretary could use existing authorities to complete those 
land exchanges, CBO expects that any exchanges conducted under 
the bill would also occur under current law, and thus we 
estimate that the provision would have no budgetary impact.
    Finally, CBO estimates that enacting the legislation would 
have no effect on offsetting receipts because the affected 
lands are already managed for conservation purposes and are not 
expected to generate any income in the future.
    S. 342 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.

                      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. 342.
    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. 342, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 342, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by Forest Service at the April 25, 
2013, Subcommittee on Public Lands, Forests, and Mining hearing 
on S. 342 follows:

  Statement of Jamie Connell, Acting Deputy Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for inviting the Department of the Interior to 
testify on S. 342, the Pine Forest Range Recreation Enhancement 
Act. The Department of the Interior supports S. 342, which 
designates the Pine Forest Range Wilderness in Humboldt County, 
Nevada, on lands managed by the Bureau of Land Management 
(BLM). We urge the Congress to move swiftly to pass this bill.
    It is gratifying to see Congress moving to protect this 
area that was highlighted in Secretary Salazar's November 2011 
Preliminary Report on BLM Lands Deserving Protection as 
National Conservation Areas, Wilderness or Other Conservation 
Designations. There is a long history of bipartisan support in 
Congress for the conservation of America's special places. 
Members from both parties have been essential to passing every 
major public lands bill that has been enacted in recent years. 
This type of cooperative and bipartisan approach to designating 
special lands for protection as wilderness, national 
conservation areas, or similar designations has historically 
been a regular practice for Congress. The designation of the 
Pine Forest Range has strong support from County government and 
local citizens. It is a wonderful example of how people can 
come together to protect one of America's real gems.


                               background


    The Pine Forest Range in northern Nevada's arid Great Basin 
is a rare and exceptional area of abundant streams and clear, 
cold subalpine lakes. Nestled in a cirque and fed by snowmelt 
and springs, these lakes are not only visually stunning but 
also possess an excellent trout fishery. The lakes are 
surrounded by a rare remnant population of white bark and 
limber pines. Stands of quaking aspen and mountain mahogany are 
also found throughout the proposed wilderness. Fall brings an 
abundance of color found in few other places in northern 
Nevada.
    The spectacular scenery and vistas, combined with 
outstanding recreational opportunities, draw thousands of 
visitors annually. Despite being one of the most highly visited 
recreational areas in the region, the proposed wilderness still 
appears pristine. Day hiking, horseback riding, rock climbing, 
hunting, fishing, and camping are all popular in the area. 
Visitors enjoy a true primitive recreation experience, without 
trails or facilities. Even during peak visitation periods, 
solitude is easy to find in the rugged terrain. Abundant 
wildlife coveted by sportsmen includes trophy mule deer, 
antelope, bighorn sheep, mountain lion, and chukar.
    A wide range of stakeholders began working cooperatively in 
2009 and 2010 to bring together diverse interests in a grass-
roots effort to protect this special area. In the fall of 2010, 
the Humboldt County Commission voted unanimously to approve the 
final recommendations of the Pine Forest Range Working Group to 
designate the Pine Forest Range Wilderness. The Nevada State 
Legislature subsequently passed a resolution praising the 
process used in arriving at the consensus represented by S. 
342.


                                 s. 342


    S. 342 proposes to designate the 26,000-acre Pine Forest 
Range Wilderness in Humboldt County, Nevada, on public land 
managed by the BLM. This wilderness area is largely formed by 
the Blue Lakes and Alder Creek Wilderness Study Areas (WSAs). 
Under the bill, approximately 1,150 acres of land within those 
WSAs would not be designated as wilderness and would be 
released from WSA status, thereby allowing the consideration of 
other uses.
    Section 7 of S. 342 provides for land exchanges to improve 
the manageability of the Pine Forest Range Wilderness Area and 
nearby public lands while likewise allowing private landowners 
the opportunity to consolidate their holdings. The land 
exchanges are discretionary and would be completed consistent 
with the Federal Land Policy and Management Act (FLPMA) and 
other applicable laws. The BLM supports this provision. In 
addition, these land acquisitions may be undertaken through 
existing authorities such as purchase or donation.
    The Pine Forest Range Wilderness meets the definition of 
wilderness; the land and its community of life are largely 
untrammeled. It has retained its primeval character and has 
been influenced primarily by the forces of nature, with 
outstanding opportunities for primitive recreation or solitude. 
The BLM strongly supports this designation. We would like to 
work with the sponsor and the Committee on some minor technical 
modifications.


                               conclusion


    Thank you for the opportunity to testify in support of S. 
342. We look forward to the swift passage of this legislation 
designating the Pine Forest Range Wilderness.

                        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 S. 342, as ordered 
reported.

                                  
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