[Senate Report 118-65]
[From the U.S. Government Publishing Office]


                                                   Calendar No. 139

118th Congress}                                            { Report
                                 SENATE
 1st Session  }                                            { 118-65

======================================================================
 
                     RUBY MOUNTAINS PROTECTION ACT

                                _______
                                

                 July 19, 2023.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 706]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 706), to withdraw the National Forest 
System land in the Ruby Mountains subdistrict of the Humboldt-
Toiyabe National Forest and the National Wildlife Refuge System 
land in Ruby Lake National Wildlife Refuge, Elko and White Pine 
Counties, Nevada, from operation under the mineral leasing 
laws, having considered the same, reports favorably thereon 
without amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of S. 706 is to withdraw approximately 309,272 
acres of federal land in the Ruby Mountains subdistrict of the 
Humboldt-Toiyabe National Forest and approximately 39,926 acres 
in the Ruby Lake National Wildlife Refuge from operation under 
the mineral leasing laws.

                          BACKGROUND AND NEED

    The Ruby Mountains are located within the Humboldt-Toiyabe 
National Forest in Nevada. In the summer of 2017, the BLM 
Nevada State Office transmitted an Expression of Interest for 
oil and gas leasing for 90 sections of land within the Ruby 
Mountains. On September 29, 2017, the Forest Service announced 
the start of a public process to analyze, and potentially make 
available for mineral development, 54,000 acres of the National 
Forest System lands within the Ruby Mountains Ranger District. 
These parcels are located south of Lamoille Canyon and North of 
Sherman Creek, on the west side of the Ruby Mountains, and fall 
within areas covered by the 1986 Humboldt Land and Resource 
Management Plan, which allow these lands to be available for 
potential leasing.
    In 2019, the Forest Service conducted a detailed analysis 
for oil and gas leasing availability for nominations on a 
portion of lands within the Ruby Mountains. In May 2019, the 
agency signed a Record of Decision and final Environmental 
Assessment concluding that no leasing should occur due to the 
low potential for oil and gas resources in the area and 
extensive citizen and community involvement showing strong 
support for no leasing.

                          LEGISLATIVE HISTORY

    S. 706 was introduced by Senators Cortez Masto and Rosen on 
March 8, 2023. Similar legislation, S. 609, was introduced in 
the 117th Congress by Senators Cortez Masto and Rosen on March 
4, 2021. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 609 on June 16, 2021. The Committee 
ordered S. 609 reported favorably without amendment on November 
18, 2021 (S. Rept. 117-70).
    Senators Cortez Masto and Rosen also introduced similar 
legislation in the 116th Congress, S. 258, on January 29, 2019. 
The Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 258 on May 14, 2019. The Committee on Energy and 
Natural Resources ordered S. 258 favorably reported with an 
amendment in the nature of a substitute and an amendment to the 
title by voice vote on December 12, 2019. The bill was reported 
without written report on December 17, 2019. No further action 
was taken.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 17, 2023, by a majority vote of a 
quorum present, recommends that the Senate pass S. 706.
    The roll call vote on reporting the measure was 12 yeas, 7 
nays as follows:

        YEAS                          NAYS
Mr. Manchin                         Mr. Barrasso
Mr. Wyden                           Mr. Risch*
Ms. Cantwell                        Mr. Lee*
Mr. Sanders*                        Mr. Hoeven*
Mr. Heinrich                        Mr. Cassidy*
Ms. Hirono                          Mrs. Hyde-Smith
Mr. King                            Mr. Hawley
Ms. Cortez Masto
Mr. Kelly
Mr. Hickenlooper
Mr. Daines
Mrs. Murkowski*

    *Indicates vote by proxy.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title, the ``Ruby Mountains 
Protection Act''.

Section 2. Withdrawal of certain National Forest System land

    Subsection (a) withdraws approximately 309,272 acres of 
Federal land located in the Ruby Mountains subdistrict of the 
Humboldt-Toiyabe National Forest from all forms of operation 
under the mineral leasing laws.
    Subsection (b) states that any land or interest in land 
within the boundary that is acquired by the United States after 
the date of enactment of this Act shall be withdrawn in 
accordance with subsection (a).
    Subsection (c) provides that the referenced map shall be 
kept on file and available for public inspection in the 
appropriate offices of the Forest Service.

Section 3. Withdrawal of certain National Wildlife Refuge System land

    Subsection (a) withdraws approximately 39,926 acres of 
Federal land located in the Ruby Lake National Wildlife Refuge 
from all forms of operation under the mineral leasing laws, 
subject to valid existing rights. It also states that the 
withdrawal shall not apply to noncommercial refuge management 
activities by the U.S. Fish and Wildlife Service.
    Subsection (b) states that any land or interest in land 
within the boundary that is acquired by the United States after 
the date of enactment of this Act shall be withdrawn in 
accordance with subsection (a).
    Subsection (c) provides that the referenced map shall be 
kept on file and made available for public inspection in the 
appropriate offices of the United States Fish and Wildlife 
Service.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 706 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.
    The CBO cost estimate for S. 609 from the 117th Congress 
follows:




    S. 609 would withdraw roughly 350,000 acres of federal land 
in the Ruby Mountains in Nevada from mineral leasing, subject 
to valid existing rights. That is, the bill would not allow new 
mineral leasing on that land, which is managed by the Forest 
Service and the U.S. Fish and Wildlife Service.
    Based on the costs of similar tasks, CBO estimates that any 
costs incurred by those agencies to implement the withdrawal 
would be insignificant; any spending would be subject to the 
availability of appropriated funds. The affected land contains 
very low to no potential for leasable minerals such as oil and 
gas. Thus, under the bill CBO expects that the federal 
government would not forego any receipts from future mineral 
leases on that land.
    The CBO staff contact for this estimate is Janani 
Shankaran. The estimate was reviewed by H. Samuel Papenfuss, 
Deputy Director of 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. 706. 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. 706, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 706, 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 Department of Agriculture at 
the June 16, 2021, hearing on S. 609 follows:

  Statement of Chris French Deputy Chief, National Forest System U.S. 
        Forest Service, United States Department of Agriculture

    Chairman Cortez Masto, Ranking Member Lee and members of 
the subcommittee, thank you for the opportunity to appear 
before you today to present the views of the U.S. Department of 
Agriculture (USDA) on several public land bills.
S. 609: Ruby Mountains Protection Act
    This bill withdraws 309,272 acres of NFS land in the Ruby 
Mountains on the Humboldt-Toiyabe National Forest in Nevada 
from all forms of operation under the mineral leasing laws. The 
Administration supports the proposed withdrawal in S. 609, 
which aligns with the President's vision to boost conservation 
strategies and policies to preserve public, private, and Tribal 
areas of interest.
    The proposed withdrawal would be subject to valid existing 
rights. Existing leases and associated activities can continue 
as long as those leases were established at or prior to the 
time of the withdrawal.
    The remainder of the Ruby Mountains managed by the Forest 
Service is designated as Wilderness. The Ruby Mountains offer 
extensive cultural, scenic, and ecological values that help to 
support a $165 million recreation industry in Elko County. The 
area includes wildlife habitat for species including greater 
sage grouse, and the federally listed Lahontan cutthroat trout. 
The area also supports the state's largest mule deer herd and 
an important migration corridor.
    Mapping of the area has determined that there is little to 
no potential for oil or gas resources because of unfavorable 
geologic conditions.
    The USDA Forest Service conducted a detailed analysis for 
oil and gas leasing availability on a portion of lands within 
the Ruby Mountains. In March 2019, the agency released a draft 
Record of Decision and final Environmental Assessment 
concluding that no leasing should occur due to the low 
potential for oil and gas resources in the area and extensive 
citizen and community involvement with strong support for no 
leasing at this time. The decision notice was signed by the 
Humboldt-Toiyabe National Forest Supervisor on May 7, 2019.

                        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. 706 as ordered reported.

                                  [all]