[House Report 118-749]
[From the U.S. Government Publishing Office]
118th Congress } { Rept. 118-749
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
PROTECTING AMERICA'S ROCK CLIMBING ACT
_______
November 18, 2024.--Ordered to be printed
_______
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1380]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1380) to require the Secretary of Agriculture
and the Secretary of the Interior to issue guidance on climbing
management in designated wilderness areas, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
The amendment is as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting America's Rock Climbing
Act''.
SEC. 2. GUIDANCE ON CLIMBING.
(a) In General.--Not later than 18 months after the date of enactment
of this Act, each Secretary concerned shall issue guidance for
recreational climbing activities on covered Federal land.
(b) Applicable Law.--The guidance issued under subsection (a) shall
ensure that recreational climbing activities comply with the laws
(including regulations) applicable to the covered Federal land.
(c) Wilderness Areas.--The guidance issued under subsection (a) shall
recognize that recreational climbing (including the use, placement, and
maintenance of fixed anchors) is an appropriate use within a component
of the National Wilderness Preservation System, if undertaken--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and other applicable laws (including regulations); and
(2) subject to any terms and conditions determined by the
Secretary concerned to be appropriate.
(d) Authorization.--The guidance issued under subsection (a) shall
describe the requirements, if any, for the placement and maintenance of
fixed anchors for recreational climbing in a component of the National
Wilderness Preservation System, including any terms and conditions
determined by the Secretary concerned to be appropriate, which may be
issued programmatically or on a case-by-case basis.
(e) Existing Routes.--The guidance issued under subsection (a) shall
include direction providing for the continued use and maintenance of
recreational climbing routes (including fixed anchors along the routes)
in existence as of the date of enactment of this Act, in accordance
with this Act.
(f) Public Comment.--Before finalizing the guidance issued under
subsection (a), the Secretary concerned shall provide opportunities for
public comment with respect to the guidance.
(g) Definitions.--In this section:
(1) Covered federal land.--The term ``covered Federal
land''--
(A) means the lands described in subparagraph (A) and
(B) of paragraph (2); and
(B) includes components of the National Wilderness
Preservation System.
(2) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
lands under the jurisdiction of such Secretary.
PURPOSE OF THE LEGISLATION
The purpose of H.R. 1380 is to require the Secretary of
Agriculture and the Secretary of the Interior to issue guidance
on climbing management in designated wilderness areas.
BACKGROUND AND NEED FOR LEGISLATION
Some of the most iconic climbing destinations in the
country are within wilderness areas, such as El Capitan in
Yosemite National Park, Joshua Tree National Park's Wonderland
of Rocks, the White Mountains National Forest, and Red Rock
Canyon National Recreation Area.
In order to climb properly and ensure safety, permanent
bolts and fixed anchors are placed and maintained along routes,
including in wilderness areas. Unfortunately, the use of fixed
anchors and other climbing equipment in wilderness areas is now
being challenged by federal agencies. The Wilderness Act of
1964 established the National Wilderness Preservation System as
undeveloped federal lands protected and managed to preserve
their natural condition with ``no structure or installation
within any such area.'' The U.S. Forest Service and the
National Park Service are considering implementing new guidance
that would consider fixed anchors as prohibited
``installations'' in wilderness areas. This would reverse long-
standing precedent that has allowed the conditional use of
fixed anchors on federally managed lands since the 1930s.
In addition to creating uncertainty within many local
communities that depend on rock climbing revenues, this
potential decision could create confusion by creating
different, conflicting standards within the federal land
management agencies on the appropriateness of fixed anchors.
This would come at no benefit to the pristineness of wilderness
area since the anchors have not been shown to have adverse
impact on habitat or wildlife.
The ``Protecting America's Rock Climbing Act'' (PARC Act)
is a bipartisan bill that directs the Secretaries of
Agriculture and the Interior to issue guidance recognizing the
appropriateness of fixed anchors in wilderness areas on federal
lands. The PARC Act would protect access to popular climbing
spots in wilderness areas on federal lands while creating a
uniform and predictable standard for the rock-climbing
community. The intent of this legislation is to create a clear,
unambiguous recognition of the appropriateness of rock climbing
in wilderness areas and to ensure that recreationalists do not
face conflicting, contradictory guidelines when going from
Department of the Interior managed lands to U.S. Forest Service
lands. Similar language was passed unanimously out of the
Senate Energy and Natural Resources Committee as part of the
``America's Outdoor Recreation Act of 2023'' on July 26, 2023.
COMMITTEE ACTION
H.R. 1380 was introduced on March 7, 2023, by Rep. John R.
Curtis (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. The bill was also referred to the Committee
on Agriculture. On March 28, 2023, the Subcommittee on Federal
Lands held a hearing on the bill. On June 21, 2023, the Full
Natural Resources Committee met to consider the bill. The
Subcommittee on Federal Lands was discharged by unanimous
consent. Rep. Curtis (R-UT) offered an amendment in the nature
of a substitute, designated Curtis ANS_046. The amendment in
the nature of a substitute offered by Rep. Curtis was adopted
by voice vote. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
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 Subcommittee on Federal Lands held on March 28,
2023.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 names the act the ``Protecting America's Rock
Climbing Act.''
Section 2. Guidance on climbing
Section 2 requires that within 18 months of passage, the
Secretaries of the Interior and Agriculture issue guidance on
recreational climbing activities in wilderness areas. The
guidance will recognize recreational climbing, including the
placement and use of fixed anchors and other equipment, as an
appropriate use in wilderness if in accordance with the
Wilderness Act and other laws, terms, and conditions determined
by the appropriate Secretary. Any guidance issues shall include
direction for previous and existing routes. The Act also
requires a notice and comment period on the guidance.
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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 1380 would require the Departments of Agriculture and
the Interior to issue guidance to recognize certain
recreational rock-climbing activities as allowable under
federal law. The bill would direct the guidance to outline any
requirements or conditions associated with the placement and
maintenance of fixed anchors on federal land. (Fixed anchors
are pieces of equipment--typically bolts with closed hooks--
secured to a rock wall to facilitate a safe ascent or rappel
when rock climbing.) The bill also would require the agencies
to accept public comments related to the guidance.
Using information about the cost of issuing similar
guidance, CBO estimates that implementing H.R. 1380 would cost
less than $500,000 over the 2024-2028 period; any spending
would be subject to the availability of appropriated amounts.
The CBO staff contact for this estimate is Robert Reese.
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 is to require the Secretary of
Agriculture and the Secretary of the Interior to issue guidance
on climbing management in designated wilderness areas, and for
other purposes.
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. 1380
contains no unfunded mandates as defined by 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. 1380 makes no changes in existing law.
[all]