[House Report 118-378]
[From the U.S. Government Publishing Office]



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118th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     118-378

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



 
              WESTERN ECONOMIC SECURITY TODAY ACT OF 2023

                                _______
                                

February 9, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3397]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3397) to require the Director of the Bureau of 
Land Management to withdraw a rule of the Bureau of Land 
Management relating to conservation and landscape health, 
having considered the same, reports favorably thereon with an 
amendment and recommends 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.

  This Act may be cited as the ``Western Economic Security Today Act of 
2023'' or the ``WEST Act of 2023''.

SEC. 2. WITHDRAWAL OF BLM PROPOSED RULE.

  The Director of the Bureau of Land Management--
          (1) shall withdraw the proposed rule of the Bureau of Land 
        Management entitled ``Conservation and Landscape Health'' (88 
        Fed. Reg. 19583 (April 3, 2023)); and
          (2) shall not take any action to finalize, implement, or 
        enforce the proposed rule described in paragraph (1) or any 
        substantially similar rule.

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 3397 is to require the Director of the 
Bureau of Land Management to withdraw a rule of the Bureau of 
Land Management relating to conservation and landscape health.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3397, the Western Economic Security Today (WEST) Act 
of 2023, would require the Director of the Bureau of Land 
Management (BLM) to withdraw the agency's proposed 
``Conservation and Landscape Health'' Rule (Rule). The bill 
also prevents the BLM from issuing a substantially similar rule 
in the future.
    On April 3, 2023, the BLM published in the Federal Register 
a proposed rule, ``Conservation and Landscape Health,'' with a 
75-day comment period. The Rule would broadly allow the BLM to 
lease lands under new and vaguely defined conservation leases, 
incorporate new standards when evaluating traditional multiple 
use decisions, expedite designations of new Areas of Critical 
Environmental Concern (ACECs), and apply land health standards 
to all public lands. The administration's proposed Rule would 
have considerable implications, fundamentally changing the way 
the BLM carries out its multiple use and sustained yield 
mandate under the Federal Land Policy and Management Act of 
1976 (FLPMA). Overall, the Rule poses many concerns. In the 
Rule, BLM cites increases in ``authorized uses'' currently 
happening on BLM lands as the reason for the Rule. This 
suggests the intent of this Rule is to fundamentally disrupt 
the balance of multiple use.
    H.R. 3397 is necessary to ensure that the BLM continues to 
operate within its statutory mandate outlined under FLPMA. The 
proposed Rule goes beyond the agency's existing authority and 
within the proposed Rule, the agency is proposing several 
actions that have no clear basis in any existing statute. In 
particular, the Rule proposes elevating conservation as a 
``use'' under FLPMA though no such language exists in that 
statute. Over 100 questions for the record and numerous letters 
to the agency from the Committee requesting clarification on 
basic aspects of the Rule have gone unanswered.
    The BLM proposed Rule is a seismic shift in public land 
management and presents a fundamental threat to rural 
communities across the West. Thousands of rural economies 
depend on access to BLM lands for energy and mineral 
development, grazing, timber production, and recreation. These 
uses often overlap on BLM land and co-exist with each other, 
just as FLPMA intends. Meaningful conservation work continues 
to occur simultaneously with, and often to the benefit of, 
other uses. If certain uses of public lands are prohibited, 
family and small businesses, multi-generation ranches, local 
communities, and schools will suffer from lack of economic 
opportunity, access, and tax revenue.
    Several outstanding concerns with the Rule remain 
including: lack of stakeholder engagement and public input; 
usurping Congressional authority by redefining the intent of 
FLPMA without Congressional authorization; endangering rural 
economies by cutting off multiple uses without conducting a 
thorough economic analysis; endangering national security by 
allowing potential foreign adversaries to lease public lands; 
removing transparency and accountability from BLM decision 
making regarding restrictive land-use designations; and locking 
up lands from grazing, mineral and energy development, timber 
production, and recreation and access.

                            COMMITTEE ACTION

    H.R. 3397 was introduced on May 17, 2023, by Rep. John 
Curtis (R-UT). An identical bill was introduced in the Senate 
on May 3, 2023, by Senator John Barrasso (R-WY). H.R. 3397 was 
referred to the Committee on Natural Resources. On June 15, 
2023, the Committee on Natural Resources held a legislative 
hearing on the bill. On June 21, 2023, the Committee on Natural 
Resources met to consider the bill. Rep. Curtis (R-UT) offered 
an amendment in the nature of a substitute, designated Curtis 
ANS__045, to establish the short title of the bill as the 
``Western Economic Security Today (WEST) Act of 2023'' and to 
require that the BLM Director shall not issue a substantially 
similar rule once it is withdrawn.
    Ranking Member Raul Grijalva (D-AZ) offered an amendment to 
the amendment in the nature of a substitute, designated 
Grijalva #1, that would nullify the bill if the BLM provided a 
public comment period of at least 30 days. The amendment to the 
amendment in the nature of a substitute offered by Ranking 
Member Grijalva (D-AZ) was not adopted by a roll call vote of 
13 yeas to 18 nays, as follows:


    Rep. Sydney Kamlager-Dove (D-CA) offered an amendment to 
the amendment in the nature of a substitute, designated 
Kamlager-Dove #2, that would prohibit the bill from taking 
effect until the Secretary determines that there is not an 
adverse impact on tribal cultural or sacred sites. The 
amendment to the amendment in the nature of a substitute 
offered by Rep. Kamlager-Dove (D-CA) was not adopted by a roll 
call vote of 16 yeas to 19 nays, as follows:


    Rep. Susie Lee (D-NV) offered an amendment to the amendment 
in the nature of a substitute, designated Lee__027, that would 
remove the restriction on the BLM from issuing a substantially 
similar rule. The amendment to the amendment in the nature of a 
substitute offered by Rep. Lee (D-NV) was not adopted by a roll 
call vote of 16 yeas to 20 nays, as follows:


    The amendment in the nature of a substitute, designated 
Curtis ANS__045, offered by Rep. Curtis (R-UT) was adopted by 
voice vote. The bill, as amended, was then ordered favorably 
reported to the House of Representatives by a roll call vote of 
20 yeas to 16 nays, as follows:


                                HEARINGS

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Committee on Natural Resources held on June 15, 
2023.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Western Economic Security Today Act of 2023,'' or the ``WEST 
Act of 2023.''

Section 2. Withdrawal of BLM proposed rule

    Section 2 requires the Director of the BLM to withdraw the 
proposed rule entitled ``Conservation and Landscape Health'' 
and restricts any action to finalize or implement the proposed 
rule or any similar rule.

            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:




    H.R. 3397 would direct the Bureau of Land Management (BLM) 
to withdraw the proposed rule, ``Conservation and Landscape 
Health,'' as published in the Federal Register in April 
2023.\1\ The bill also would prohibit BLM from implementing any 
substantially similar rule.
---------------------------------------------------------------------------
    \1\``Conservation and Landscape Health,'' 88 Fed. Reg. 19583 (April 
3, 2023), https://tinyurl.com/54pv4w6j.
---------------------------------------------------------------------------
    Under the proposed regulation, BLM would lease federal land 
for conservation purposes to private entities or individuals in 
return for rent and other fees, which would be recorded in the 
budget as offsetting receipts (or reductions in direct 
spending). Some of those receipts would be available for 
spending without further appropriation. The proposed rule does 
not specify the amount of land that BLM would make available, 
and it does not define acceptable conservation practices for 
leased land, terms of leases, or fee structures. Rather, BLM 
requested public feedback to help inform its decisions about 
the nature of such leases.
    CBO cannot determine the extent that conservation leases 
implemented under the proposed rule would affect land that 
under current law will generate receipts from other activities. 
(Some land under BLM's jurisdiction generates receipts from the 
sale of timber or the mining of oil, natural gas, or other 
subsurface minerals.)
    CBO expects that prohibiting the proposed rule would have 
direct spending effects. The government would forgo receipts 
from the conservation leases but could gain receipts from 
activities that would not occur under those leases. However, 
CBO has no basis to estimate the magnitude or direction of 
those effects because they depend on still-undetermined 
provisions of the proposed conservation leases.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    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, as ordered reported, is to require the 
Director of the Bureau of Land Management to withdraw a rule of 
the Bureau of Land Management relating to conservation and 
landscape health.

                           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.

                 UNFUNDED MANDATES REFORM ACT STATEMENT

    According to the Congressional Budget Office, H.R. 3397 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           EXISTING PROGRAMS

    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.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        CHANGES IN EXISTING LAW

    As ordered reported by the Committee on Natural Resources, 
H.R. 3397 makes no changes in existing law.

                            DISSENTING VIEWS

    H.R. 3397 would require the Director of the Bureau of Land 
Management (BLM) to withdraw the proposed rule submitted by BLM 
entitled ``Conservation and Landscape Health'' (88 Fed. Reg. 
19583 (April 3, 2023)), which the agency is commonly referring 
to as the Public Lands Rule. In addition to withdrawing the 
proposed rule, the bill would further prohibit the Director 
from taking any steps to finalize, implement, or enforce the 
proposed rule or any similar rule.
    H.R. 3397 is a continuation of the majority's effort to 
undermine conservation and block meaningful efforts by the 
Biden administration to promote the long-term stewardship of 
America's Public Lands--as shown by the majority rushing the 
bill through Committee before the public comment period on the 
rule had even closed.
    As BLM manages more than 245 million acres of public lands, 
roughly one-tenth of the country, it is critical that BLM has 
the tools to improve the resilience of public lands in the face 
of a changing climate; conserve important wildlife habitat and 
intact landscapes; plan for development; and better recognize 
unique cultural and natural resources on public lands.
    The BLM's stewardship of our public lands and resources is 
guided by the Federal Land Policy and Management Act of 1976 
(FLPMA), which established BLM's multiple-use and sustained 
yield mission. The multiple-use mandate requires BLM to manage 
public lands for a variety of uses, ranging from energy 
development, grazing, mining, recreation, and conservation. 
Sustained yield requires BLM to manage resources to ensure 
their continued availability for current and future 
generations. BLM is responsible for ensuring that a variety of 
uses can coexist on public lands and that the uses are balanced 
to ensure they are compatible and sustainable over time.\1\
---------------------------------------------------------------------------
    \1\Federal Land Policy and Management Act of 1976. 43 U.S.C. 
https://www.govinfo.gov/content/pkg/USCODE-2021-title43/pdf/USCODE-
2021-title43-chap35-subchapl-sec1702.pdf.
---------------------------------------------------------------------------
    The proposed rule would clarify that conservation is a 
``use'' on par with any of the other land uses that BLM 
prioritizes under FLPMA and that BLM should provide balanced 
management of America's public lands; establish a conservation 
leasing program that would allow community groups to conduct 
conservation programs, including mitigation and restoration 
activities, on public lands; and prioritize the designation and 
protection of Areas of Critical Environmental Concern (ACECs) 
in land use plans and provide consistent and clear direction on 
their use.
    The proposed rule does not change BLM's existing land 
management planning process, and it continues to allow grazing, 
drilling, and other extraction on BLM lands. It does not impede 
development on public lands or require the use of conservation 
leasing. Instead, the rule creates more opportunities and tools 
for local communities to shape the management of their lands.
    In their opposition to the proposed rule, Committee 
Republicans have continuously highlighted opposition from some 
in rural communities but have failed to appropriately consider 
the extensive support from the conservation and outdoor 
recreation communities, as well as the Affiliated Tribes of 
Northwest Indians and the National Congress of American 
Indians, among other organizations--many of which are based in 
rural communities.\2\
---------------------------------------------------------------------------
    \2\Resources, Act Now for Public Lands https://
actnowforpubliclands.org/resources.
---------------------------------------------------------------------------
    Overall, the proposed rule emphasizes that the multiple-use 
mission of BLM, including energy development, mining, grazing, 
timber, recreation, and other uses, will continue. The goal is 
to facilitate responsible development through informed 
planning, which considers the compatibility of various land 
uses and provides opportunities for compensatory mitigation on 
public lands. BLM-managed lands are crucial economic and 
ecological landscapes that drive tourism and recreation, 
provide habitat for imperiled wildlife, and house irreplaceable 
cultural resources. The proposed rule is an important step in 
protecting public lands and resources from the impacts of 
climate change and elevates conservation without outweighing 
other considerations. H.R. 3997 would completely curtail these 
efforts.
                                          Raul M. Grijalva,
                                                    Ranking Member.