[House Report 115-992]
[From the U.S. Government Publishing Office]


115th Congress     }                                       {     Report
                          HOUSE OF REPRESENTATIVES
 2d Session        }                                       {     115-992

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



 
                   YELLOWSTONE GATEWAY PROTECTION ACT

                                _______
                                

October 23, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4644]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4644) to withdraw certain National Forest System 
land in the Emigrant Crevice area located in the Custer 
Gallatin National Forest, Park County, Montana, from the mining 
and mineral leasing laws of the United States, 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. 4644 is to withdraw certain National 
Forest System land in the Emigrant Crevice area located in the 
Custer Gallatin National Forest, Park County, Montana, from the 
mining and mineral leasing laws of the United States.

                  BACKGROUND AND NEED FOR LEGISLATION

    The National Park System contains 417 areas covering nearly 
84 million acres in every State, the territories, and the 
District of Columbia.\1\ These federal lands serve as 
recreational destinations for individuals around the U.S. and 
the world. National park visitors generate and support 
significant economic activity within park gateway economies. As 
the Department of the Interior's Fiscal Year 2019 Budget 
Request notes, visitors to our national parks spend more than 
$18.4 billion in local communities, supporting nearly 318,000 
jobs and contributing $34.9 billion into the national 
economy.\2\
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    \1\National Park Service. Main Site, https://www.nps.gov/aboutus/
national-park-system.htm.
    \2\Department of the Interior. Interior Budget Request 2018, 
https://www.doi.gov/ocl/interior-budget-request.
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    According to the National Park Service, federal lands 
received 330,882,751 recreational visits in 2017, which 
mirrored record-setting numbers seen in 2016.\3\ More 
specifically, an estimated 4.1 million people visited 
Yellowstone National Park and its surrounding areas, spending a 
total of $498.8 million in its neighboring communities.\4\ That 
spending contributed to the support of 7,354 jobs with a 
cumulative benefit to the local economy of $629.6 million.\5\
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    \3\National Park Service. Office of Communications 2018, https://
www.nps.gov/orgs/1207/02-28-2018-visitation-certified.htm.
    \4\National Park Service. Yellowstone Data 2018, https://
www.nps.gov/yell/learn/news/18019.htm.
    \5\National Park Service. Yellowstone Data 2018, https://
www.nps.gov/yell/learn/news/18019.htm.
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    On November 22, 2016, the Bureau of Land Management 
published a Federal Register notice detailing an application 
had been filed to formally withdraw nearly 30,370 acres of 
National Forest System lands from location, entry, and patent 
under mining laws and disposition under all laws pertaining to 
mineral and geothermal leasing.\6\ The proposed withdrawal is 
within the Custer Gallatin National Forest, Park County, 
Montana, near Yellowstone National Park. Managed by the 
Yellowstone and Gardiner Ranger Districts, these federal lands 
consist of two plots: Emigrant (15,795 acres) and Crevice 
(14,575 acres).
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    \6\USDA Forest Service. Emigrant Crevice Withdrawal: Economics 
2018, https://www.fs.usda.gov/nfs/11558/www/nepa/
106272_FSPLT343_278865.pdf.
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    Located 26 miles south of Livingston, Montana, the Emigrant 
area encircles the Emigrant Creek, Mill Creek, Arrastra Creek, 
and Sixmile Creek drainages. The parcel also contains 316 acres 
of non-federal lands that would otherwise not be subject to the 
withdrawal, unless the land was obtained by the United 
States.\7\
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    \7\USDA Forest Service. Emigrant Crevice Withdrawal: Economics 
https://www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4278865.pdf.
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    Adjacent to the northern boundary of Yellowstone National 
Park and to the northeast of Gardiner, Montana, lies the 
Crevice withdrawal area, comprising 14,575 acres, of which 
1,352 acres are non-federal lands that would not be subject to 
the withdrawal.\8\
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    \8\USDA Forest Service. Emigrant Crevice Withdrawal: Economics 
https://www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4278865.pdf.
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    This area also includes three existing withdrawals, 
totaling over 4,300 acres, that date back to the early 1900s. 
The first, Executive Order 3053, signed February 28, 1919, 
serves as a game preserve.\9\ The second is Power Site Reserve 
527, which was withdrawn for water power sites. The final 
existing site is identified as Power Site Classification 94, 
dated May 2, 1925. Since none of the existing withdrawals close 
the land to entry under the mining laws, the proposed 
withdrawal area would overlap these existing withdrawals if 
enacted.\10\
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    \9\Id. at 2.
    \10\Id.
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    On September 21, 2018, the U.S. Forest Service completed an 
environmental assessment of the proposed withdrawal and 
recommended, through the Bureau of Land Management, that the 
Secretary of the Interior withdraw the area in question from 
mineral entry for 20 years, subject to valid existing 
rights.\11\
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    \11\USFS, Emigrant Crevice Locatable Mineral Withdrawal, Project 
Documents, Recommendation Letter 2018, https://www.fs.usda.gov/nfs/
11558/www/nepa/106272_FSPLT3_4428944.pdf.
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    The purpose of the withdrawal in H.R. 4644 is to 
permanently preserve the scenic integrity, wildlife corridors, 
and recreation values and opportunities in the historic 
Emigrant Mining District and the Jardine/Crevice Mining 
District.\12\
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    \12\USDA Emigrant Crevice Mineral Withdrawal Environmental 
Assessment https://www.fs.usda.gov/nfs/11558/www/nepa/
106272_FSPLT3_4278748.pdf.
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    H.R. 4644 has broad local support, including from the 
Yellowstone Gateway Business Coalition, which represents over 
400 businesses and thousands of men and women employed near 
Yellowstone National Park.\13\ That being said, no recent 
economic analysis has been conducted to determine the potential 
value of critical minerals or other materials which may be 
available in the proposed withdrawal areas.
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    \13\Letter to Rep. Gianforte (R-MT) from Yellowstone Gateway 
Business Coalition.
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                SECTION-BY-SECTION ANALYSIS OF H.R. 4644

Section 2. Withdrawal

           Subject to valid existing rights in 
        existence on the date of enactment of this Act, the 
        National Forest System land and interests in the 
        National Forest System land, as depicted on the map 
        entitled ``Emigrant Crevice Proposed Withdrawal Area'' 
        and dated November 10, 2016, is withdrawn from:
                  (1) location, entry, and patent under the 
                mining laws; and
                  (2) disposition under all laws pertaining to 
                mineral and geothermal leasing.
           Nothing in this Act affects any recreational 
        use, including hunting or fishing, that is authorized 
        on land within the area depicted on the map under 
        applicable law as of the date of enactment of the Act.
           Any land or interest in land within the area 
        depicted on the map that is acquired by the United 
        States after the date of enactment of this Act shall, 
        on acquisition, be immediately withdrawn in accordance 
        with this section.

                            COMMITTEE ACTION

    H.R. 4644 was introduced on December 14, 2017, by 
Congressman Greg Gianforte (R-MT). The bill was referred to the 
Committee on Natural Resources and within the Committee, to the 
Subcommittee on Energy and Mineral Resources. The Subcommittee 
held a hearing on the bill on June 21, 2018. On September 26, 
2018, the Natural Resources Committee met to consider the bill. 
The Subcommittee was discharged by unanimous consent. 
Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 132; it was not adopted by a bipartisan roll call 
vote of 10 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 133; it was not adopted by a bipartisan roll call 
vote of 10 yeas and 22 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 135; it was not adopted by a bipartisan roll call 
vote of 9 yeas and 23 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 136; it was not adopted by a bipartisan roll call 
vote of 11 yeas and 21 nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Congressman Paul A. Gosar (R-AZ) offered an amendment 
designated 137; it fell on a point of order. Congressman Paul 
A. Gosar (R-AZ) offered an amendment designated 139; it fell on 
a point of order. No additional amendments were offered, and 
the bill was ordered favorably reported to the House of 
Representatives by a bipartisan roll call of 28 yeas and 4 
nays, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            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 AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4644, the 
Yellowstone Gateway Protection Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                            Mark P. Hadley,
                                        (For Keith Hall, Director).
    Enclosure.

H.R. 4644--Yellowstone Gateway Protection Act

    H.R. 4644 would withdraw roughly 30,000 acres of land in 
the Custer Gallatin National Forest in Montana from mining laws 
and mineral and geothermal leasing, subject to valid existing 
rights. That is, the bill would not allow new mining or other 
related activities on those lands, which are adjacent to the 
northern boundary of Yellowstone National Park.
    The Department of the Interior is reviewing a public land 
order to withdraw those lands from location and entry under 
mining laws for a period of 20 years. Through November 22, 
2018, no new mining claims will be accepted on those lands. If 
the department chooses not to implement the order, the lands 
will be open to new mining claims after that date. Using 
information from the department, CBO estimates that 
implementing the order will produce no significant change in 
administrative costs; therefore, implementing the bill also 
would have no significant effect on spending subject to 
appropriation.
    Because the affected lands currently produce no income from 
mineral or geothermal leasing (and are not expected to do so in 
the future), CBO estimates that enacting the bill would not 
affect offsetting receipts, which are treated as reductions in 
direct spending. Because enacting H.R. 4644 would not affect 
direct spending or revenues, pay-as-you-go procedures do not 
apply.
    CBO estimates that enacting H.R. 4644 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 4644 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. 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 withdraw certain National Forest 
System land in the Emigrant Crevice area located in the Custer 
Gallatin National Forest, Park County, Montana, from the mining 
and mineral leasing laws of the United States.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR 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.