[Senate Report 114-186]
[From the U.S. Government Publishing Office]
Calendar No. 331
114th Congress } { Report
SENATE
1st Session } { 114-186
======================================================================
CLARIFICATION TO THE NORTHERN ARIZONA LAND EXCHANGE AND VERDE RIVER
BASIN PARTNERSHIP ACT OF 2005
_______
December 16, 2015.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1592]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1592) to clarify the description of
certain Federal land under the Northern Arizona Land Exchange
and Verde River Basin Partnership Act of 2005 to include
additional land in the Kaibab National Forest, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose
The purpose of S. 1592 is to clarify the description of
certain Federal land under the Northern Arizona Land Exchange
and Verde River Basin Partnership Act of 2005 to include
additional land in the Kaibab National Forest.
Background and Need
S. 1592 clarifies the description of one parcel of land
that was authorized for conveyance in the Northern Arizona Land
Exchange and Verde River Basin Partnership Act of 2005 (P.L.
109-110; 119 Stat. 2356). The 2005 legislation provided for the
conveyance of 237.5 acres from the U.S. Forest Service (USFS)
to Young Life for a camp near Williams, Arizona. Although the
legislation described the 237.5-acre parcel (section
104(a)(5)), the map referenced in the same section erroneously
depicted only 212.5 acres.
The 2005 Act provided that ``in the case of any discrepancy
between a map and legal description, the map shall prevail
unless the Secretary and Yavapai Ranch agree otherwise.'' (P.L.
109-110, section 102(a)(4)(B)). Despite the statutory authority
to reconcile the description with the map, the Secretary of
Agriculture has taken the position that the USFS lacks the
legal authority to convey more than the 212.5 acres identified
on the map. S. 1592 amends the legal description to add the 25
acres and clarify that the USFS has the authority to convey the
full 237.5 acres that was described in the text of the 2005
legislation.
Legislative History
S. 1592 was introduced by Senators Flake and McCain on June
17, 2015. The Subcommittee on Public Lands, Forests, and Mining
held a hearing on the bill on October 8, 2015.
On November 19, 2015, the Committee on Energy and Natural
Resources met in open business session and ordered S. 1592
favorably reported without amendment.
Committee Recommendation and Tabulation of Votes
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1592.
Section-by-Section Analysis
Section 1 amends Section 104(a)(5) of the Northern Arizona
Land Exchange and Verde River Basin Partnership Act of 2005
(P.L. 109-110; 119 Stat. 2356) by adding approximately 25 acres
of Federal land to be given to Yavapai Ranch as part of the
land exchange in the original Act.
Cost and Budgetary Considerations
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the report is available, the
Chairman will request it to be printed in the Congressional
Record for the advice of the Senate.
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. 1592. 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. 1592, as ordered reported.
Congressionally Directed Spending
S. 1592, as ordered 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 the USFS at the October 8, 2015,
Subcommittee on Public Lands, Forests, and Mining hearing on S.
1592 follows:
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, U.S. Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 414, S. 1592, and S. 2069.
s. 414, ``california desert conservation and recreation act of 2015''
The Department supports S. 414 and would like to work with
the Committee and bill sponsor on several clarifications, some
of which we will highlight in the testimony that follows. We
defer to the Department of Interior regarding the provisions in
this bill concerning lands under its management.
The majority of National Forest System lands in S. 414,
Title XIV (Sand to Snow National Monument) are within the San
Gorgonio Wilderness Area on the San Bernardino National Forest
(NF). The San Bernardino National Forest Land and Resource
Management Plan (Forest Plan) was revised in 2006 and then
amended in 2014 using an extensive public process. The proposed
Monument and wilderness designations in S. 414, Title XIV, are
closely aligned with recommended wilderness and forest
management objectives included in the Forest Plan.
S. 414 would designate approximately 62,648 acres of the
San Bernardino National Forest, along with approximately 73,000
acres administered by the Bureau of Land Management (BLM), as
the Sand to Snow National Monument. The Monument would be
managed jointly by both agencies. This approach has been
successful for over 15 years on the Santa Rosa and San Jacinto
Mountains National Monument in California. The purpose of the
Monument would be to preserve the nationally significant
biological, cultural, educational, geological, historic,
scenic, and recreational values at the convergence of the
Mojave and Colorado deserts and the San Bernardino Mountains.
The 2014 Forest Plan Revision for the San Bernardino NF
recognized the importance of wildlife connections and corridors
to and from the Forest, as well as the significant biological,
cultural, scenic and recreational values of the greater San
Gorgonio Mountain ecosystem.
The Department welcomes the opportunity to work with the
Secretary of the Interior in jointly managing the proposed
Monument using the different authorities and guidelines
governing the National Forest and Bureau of Land Management
lands designated within the Monument. Using a joint management
model, the Secretaries would be responsible for separately
managing lands under their jurisdictions. The Department
recommends distinguishing between the Secretary of Agriculture
and the Secretary of Interior in this legislation to avoid
confusion about which sections of the bill pertain to National
Forest System or BLM-administered lands.
In Section 1403(b), the Department is asking the Committee
and the bill sponsor to consider adding ``management'' to the
general authority on Cooperative Agreements that could be used
in the Monument. This change would allow the Forest Service to
work with the BLM and the advisory committee in considering a
Service First Agreement to manage the Monument. This approach
is currently being used successfully on the Santa Rosa and San
Jacinto Mountains National Monument.
Section 1501(c), as added to the California Desert
Protection Act of 1994 by S. 414, would designate a 7,141-acre
wilderness addition on the west and south ends of the existing
95,953-acre San Gorgonio Wilderness; this addition includes
1,000 acres of private property owned by the Wildlands
Conservancy. The area under consideration is currently an
inventoried roadless area. The Department supports this
wilderness addition as it would improve management efficiencies
in this area, and would like to work with the Subcommittee to
ensure the roadless areas can be consistently managed pursuant
to this Act and the Wilderness Act.
Section 104(2)(209)(A) and Section 104(2)(210)(A) of this
legislation would designate approximately 76.3 miles of the
specified rivers as part of the National Wild and Scenic Rivers
System. Of this total, approximately 34.5 miles of Deep Creek,
including its principal tributary, Holcomb Creek, and 17.1
miles of the North, Middle and South Forks of the Whitewater
River are within the boundary of the San Bernardino National
Forest and would be administered by the Forest Service. In
order to ensure consistency with the current provisions of the
Wild and Scenic Rivers Act and the 2014 Revision of the San
Bernardino NF Plan, the Department would like to work with the
Subcommittee to include some technical corrections in Section
104(2).
The Forest Service has found each of these rivers to be
eligible for designation based on their free-flowing character
and regionally important river-related values. The Department
supports designation of these eligible rivers as Wild and
Scenic based on general support from the communities of
interest and consistency of designation with the management of
National Forest System lands within the river corridors.
Section 1406 of this bill would establish an advisory
committee to provide advice on the development and
implementation of the management plan for the proposed
Monument, closely mirroring the successful approach of the
Santa Rosa and San Jacinto Mountains National Monument. The
Department believes an advisory committee would contribute
greatly to the development of the management plan for the Sand
to Snow National Monument. Given the length of time necessary
to establish a committee under the Federal Advisory Committee
Act, and the importance of creating a successful monument
management plan, the Department requests the time frame for
completing the plan be changed to three years after the
advisory committee is established, rather than three years
after the date of enactment of the bill.
Finally, Section 1403(g)(4) of this legislation states that
pending completion of the Monument management plan, the
Secretary shall manage any Federal land and Federal interests
in land within the boundary of the Monument in accordance with
section 1.6D of the Bureau of Land Management manual numbered
6220, dated July 13, 2012, and entitled ``National Monuments,
National Conservation Areas, and Similar Designations.''
The Department would like to work with the Committee and
the bill sponsor on this section to ensure that interim
management of the Monument is consistent with current uses
occurring on both National Forest System and BLM-administered
lands under the authorities, policies, and existing management
plans of both the Forest Service and the BLM for such lands,
and in a manner that is consistent with other applicable
Federal laws.
Title XIX of S. 414, Section 1905 (``Transfer of
Administrative Jurisdiction''), would transfer administrative
jurisdiction of over approximately 40 acres of National Forest
System land to the BLM for inclusion in the proposed Alabama
Hills National Scenic Area. This is an isolated parcel of land
and the Department supports the transfer of administrative
jurisdiction to the BLM.
In Title XX--Miscellaneous, Section 105 (Conforming
Amendments) the Department would like to work with the
Committee and bill sponsor on proposed amendments to provisions
of the California Desert Protection Act to address concerns
related to effects on wilderness from activities outside the
wilderness boundary.
s. 1592, ``a bill to clarify the description of certain federal land
under the northern arizona land exchange and verde river basin
partnership act of 2005 to include additional land in the kaibab
national forest''
S. 1592 would authorize the Secretary of Agriculture to
convey an additional 25 acres to Young Life Lost Canyon
Organizational Camp. The Department can support enactment of S.
1592, if a technical amendment is included that would provide
an easement for a proposed extension for the Water Storage Tank
Road.
This legislation clarifies the Northern Arizona Land
Exchange and Verde River Basin Partnership Act of 2005. The
original Act authorized a land exchange with Yavapai Ranch and
the United States that was not completed. The Act also
authorized the sale of a parcel of National Forest System lands
to Young Life Lost Canyon Organizational Camp on the Kaibab
National Forest. The legislative map referenced by the Act for
the Young Life private property showed an area of only
approximately 212 acres to be conveyed, instead of the
approximately 237.5 acres stated in the Act. The area shown on
the legislative map excluded a particular 25-acre parcel.
Because the legislative map controlled over the reference to
approximately 237.5 acres, the Act did not authorize conveyance
of the 25-acre parcel excluded by the map. S. 1592 was
introduced to clarify that conveyance of the 25-acre parcel is
also authorized, allowing the United States to convey a total
of approximately 237.5 acres to Young Life.
In summary, S. 1592 would resolve the disparity between the
legislative map and the total acreage authorized for
conveyance, allowing the Secretary to proceed with the direct
sale of a total of approximately 237.5 acres to Young Life Lost
Canyon Organizational Camp. In order to ensure agreement
between the acreage and the legal description, the Agency is
willing to provide additional technical assistance to the
Committee, and wants to work with the Committee to include the
easement for the Water Tank Road Extension.
s. 2069, ``mount hood cooper spur land exchange clarification act''
S. 2069 concerns the Mount Hood Cooper Spur Land Exchange
Clarification Act. We would like to work with the Committee and
Sponsor to address several concerns. The Cooper Spur Land
Exchange was initially authorized by the Omnibus Public Land
Management Act of 2009. Clarifications are needed to move
forward with the exchange.
The following issues concern the Forest Service:
The bill would require the Forest Service to
reserve a 24-foot wide trail easement. The width of the
easement would restrict the ability of the Forest
Service to appropriately address reconstruction and
repair needs of the trail, the drainage and soil
protection features that go beyond the normal 3-4 foot
tread path, and the loss of buffer between the trail
and any non-federally owned building or facility
adjacent to the trail.
The bill would eliminate the requirement
that the Forest Service reserve a conservation easement
on the Federal land to be conveyed. We understand there
may be state-level protections under the bill; however,
the Forest Service will have no legal right or
obligation to monitor and enforce the status of any of
the identified wetlands after conveyance because the
United States will have no property interest, such as a
conservation easement, protecting the property. In
addition, without a reserved federal interest like a
conservation easement, Executive Order 1990 will become
inapplicable to the lands once they leave federal
ownership.
The bill would require the joint selection
of an appraiser by the Forest Service and Mount Hood
Meadows within 60 days after enactment of this
legislation. Selection of an appraiser is not
attainable within a 60 day period. The process to hire
a non-agency appraiser must follow federal contracting
regulations. The contracting process typically takes
120 days for contract selection.
The bill would require the land exchange be
completed within 1 year after passage of the
legislation. It typically takes the better part of a
year to just obtain an approved appraisal.
Realistically, it will take more than 18 months to
complete the appraisal and all necessary analysis to
complete the exchange.
We look forward to working with the Committee and the
Sponsor to resolve these issues.
This concludes my remarks. I would be happy to answer any
questions. Thank you for the opportunity to testify.
Changes In Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the original 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):
Northern Arizona Land Exchange and Verde River Basin Partnership Act of
2005
* * * * * * *
SEC. 104. DESCRIPTION OF FEDERAL LAND.
(a) In General.--The Federal land referred to in this title
consists of the following:
* * * * * * *
(5) Certain land located in the Kaibab National
Forest, comprising approximately 237.5 acres, as
generally depicted on the map entitled ``Yavapai Ranch
Land Exchange, Younglife Lost Canyon'', dated August
2004, which, notwithstanding section 102(a)(4)(B),
includes the N \1/2\, NE \1/4\, SW \1/4\, SW \1/4\, the
N \1/2\, N \1/2\, SE \1/4\, SW \1/4\, and the N \1/2\,
N \1/2\, SW \1/4\, SE \1/4\, sec. 34, T. 22 N., R. 2
E., Gila and Salt River Meridian, Coconino County,
comprising approximately 25 acres.
* * * * * * *