[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.
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