[Senate Hearing 112-39]
[From the U.S. Government Publishing Office]
S. Hrg. 112-39
CURRENT PUBLIC LANDS AND FORESTS BILLS
=======================================================================
HEARING
before the
SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS
of the
COMMITTEE ON
ENERGY AND NATURAL RESOURCES
UNITED STATES SENATE
ONE HUNDRED TWELFTH CONGRESS
FIRST SESSION
ON
S. 220 S. 590
S. 270 S. 607
S. 271 S. 617
S. 278 S. 667
S. 292 S. 683
S. 322 S. 684
S. 382 S. 729
S. 427 S. 766
S. 526 S. 896
S. 566 S. 897
__________
MAY 18, 2011
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COMMITTEE ON ENERGY AND NATURAL RESOURCES
JEFF BINGAMAN, New Mexico, Chairman
RON WYDEN, Oregon LISA MURKOWSKI, Alaska
TIM JOHNSON, South Dakota RICHARD BURR, North Carolina
MARY L. LANDRIEU, Louisiana JOHN BARRASSO, Wyoming
MARIA CANTWELL, Washington JAMES E. RISCH, Idaho
BERNARD SANDERS, Vermont MIKE LEE, Utah
DEBBIE STABENOW, Michigan RAND PAUL, Kentucky
MARK UDALL, Colorado DANIEL COATS, Indiana
JEANNE SHAHEEN, New Hampshire ROB PORTMAN, Ohio
AL FRANKEN, Minnesota JOHN HOEVEN, North Dakota
JOE MANCHIN, III, West Virginia BOB CORKER, Tennessee
CHRISTOPHER A. COONS, Delaware
Robert M. Simon, Staff Director
Sam E. Fowler, Chief Counsel
McKie Campbell, Republican Staff Director
Karen K. Billups, Republican Chief Counsel
------
Subcommittee on Public Lands and Forests
RON WYDEN, Oregon, Chairman
TIM JOHNSON, South Dakota JOHN BARRASSO, Wyoming
MARY L. LANDRIEU, Louisiana JAMES E. RISCH, Idaho
MARIA CANTWELL, Washington MIKE LEE, Utah
MARK UDALL, Colorado RAND PAUL, Kentucky
JEANNE SHAHEEN, New Hampshire ROB PORTMAN, Ohio
AL FRANKEN, Minnesota JOHN HOEVEN, North Dakota
CHRISTOPHER A. COONS, Delaware
Jeff Bingaman and Lisa Murkowski are Ex Officio Members of the
Subcommittee
C O N T E N T S
----------
STATEMENTS
Page
Barrasso, Hon. John, U.S. Senator From Wyoming................... 4
Cantwell, Hon. Maria, U.S. Senator From Washington............... 8
Lee, Hon. Mike, U.S. Senator From Utah........................... 7
Murkowski, Hon. Lisa, U.S. Senator From Alaska................... 6
Pool, Mike, Deputy Director, Operations, Bureau of Land
Management, Department of the Interior......................... 23
Risch, Hon. James E., U.S. Senator From Idaho.................... 8
Udall, Hon. Tom, U.S. Senator From New Mexico.................... 5
Wagner, Mary, Associate Chief, Forest Service, Department of
Agriculture.................................................... 11
Wyden, Hon. Ron, U.S. Senator From Oregon........................ 1
APPENDIX
Additional material submitted for the record..................... 51
CURRENT PUBLIC LANDS AND
FORESTS BILLS
----------
WEDNESDAY MAY 18, 2011
U.S. Senate,
Subcommittee on National Parks,
Committee on Energy and Natural Resources,
Washington, DC.
The subcommittee met, pursuant to notice, at 2:48 p.m. in
room SD-366, Dirksen Senate Office Building, Hon. Ron Wyden
presiding.
OPENING STATEMENT OF HON. RON WYDEN, U.S. SENATOR FROM OREGON
Senator Wyden. The subcommittee will come to order. The
purpose of today's hearing is to receive testimony on several
bills pending before the subcommittee. We have 20 bills on
today's agenda. All of these bills were considered by the
subcommittee in the last Congress and a majority were reported
by the committee on a bipartisan basis.
The purpose of today's hearing is to simply update the
record on these bills and to allow members, especially those
who are new to the subcommittee, an opportunity to ask any
questions that they might have.
Because of the number of bills on today's agenda, I'm not
going to read through the entire list. But at this time I'll
include the complete list of bills in the hearing record.
[The information referred to follows:]
S. 220, to provide for the restoration of forest landscapes,
protection of old growth forests, and management of national forests in
the Eastside forests of the State of Oregon; S. 270, to direct the
Secretary of the Interior to convey certain Federal land to Deschutes
County, Oregon; S. 271, to require the Secretary of Agriculture to
enter into a property conveyance with the city of Wallowa, Oregon, and
for other purposes; S. 278, to provide for the exchange of certain land
located in the Arapaho-Roosevelt national forests in the State of
Colorado, and for other purposes; S. 292, to resolve the claims of the
Bering Straits Native Corporation and the State of Alaska to land
adjacent to Salmon Lake in the State of Alaska and to provide for the
conveyance to the Bering Straits Native Corporation of certain other
public land in partial satisfaction of the land entitlement of the
corporation under the Alaska Native Claims Settlement Act; S. 322, to
expand the Alpine Lakes Wilderness in the State of Washington, to
designate the Middle Fork Snoqualmie River and Pratt River as wild and
scenic rivers, and for ther purposes; S. 382, to amend the National
Forest Ski Area Permit Act of 1986 to clarify the authority of the
Secretary of Agriculture regarding additional recreational uses of
national forest system land that is subject to ski area permits, and
for other purposes; S. 427, to withdraw certain land located in Clark
County, Nevada, for location, entry, and patent under the mining laws
and disposition under all laws pertaining to mineral and geothermal
leasing or mineral materials and for other purposes; S. 526, to provide
for the conveyance of certain Bureau of Land Management land in Mohave
County, Arizona, to the Arizona Game and Fish Commission, for use as a
public shooting range; S. 566, to provide for the establishment of the
national volcano early warning and monitoring system; S. 590, to convey
certain submerged lands to the Commonwealth of the Northern Mariana
Islands in order to give that territory the same benefits in its
submerged lands as Guam, the Virgin Islands, and American Samoa have in
their submerged lands; S. 607, to designate certain land in the State
of Oregon as wilderness, to provide for the exchange of certain Federal
land and non-federal land, and for other purposes; S. 617, to require
the Secretary of the Interior to convey certain Federal land to Elko
County, Nevada, and to take land into trust for the Te-moak Tribe of
western Shoshone Indians of Nevada, and for other purposes; S. 667, to
establish the Rio Grande del Norte national conservation area in the
State of New Mexico, and for other purposes; S. 683, to provide for the
conveyance of certain parcels of land to the town of Mantua, Utah; S.
684, to provide for the conveyance of certain parcels of land to the
town of Alta, Utah; S. 729, to validate final patent number 27-2005-
0081, and for other purposes; S. 766, to provide for the designation of
the Devil's Staircase wilderness area in the State of Oregon, to
designate segments of Wasson and Franklin creeks in the State of Oregon
as wild rivers, and for other purposes; S. 896, to amend the Public
Lands Corps Act of 1993 to expand the authorization of the Secretaries
of Agriculture, Commerce, and the Interior to provide service
opportunities for young americans; help restore the Nation's natural,
cultural, historic, archaeological, recreational and scenic resources;
train a new generation of public land managers and enthusiasts; and
promote the value of public service; and S. 897, to amend the Surface
Mining Control and Reclamation Act of 1977 to clarify that uncertified
States and Indian tribes have the authority to use certain payments for
certain noncoal reclamation projects.
Senator Wyden. Now among the bills that are being
considered, this hearing will also include several bills that
are important to my home State of Oregon. I'd like to say just
a few words about those measures.
S. 220, the Oregon Eastside Forest Restoration, Old Growth
Protection and Jobs Act was the result of years and years of
work and months of negotiations with the timber community and
the environmental community. Certainly in our home state nobody
ever thought that you could get people like John Shelk of
Ochocho Lumber and Andy Kerr, representing the environmental
community to come together, but because they both acted in good
faith these negotiations resulted in a major agreement that
this legislation would implement. Bringing both sides together
to craft this bill means that it can bring success and in my
view, help end the timber wars that have been so hard on my
home state.
This legislation that I introduced will get saw logs to
Oregon mills, help get our forests healthy again and protect
our treasured old growth forests and watersheds in the eastern
part of our State. I'm also pleased that Senator Merkley has
joined me as a co-sponsor of this legislation. I look forward
to working with him to pass the bill.
The gridlock caused by the timber wars has resulted in more
than nine million acres of choked, at risk forest in desperate
need of management across Oregon's Federal forest landscape.
Millions of acres of old growth are in danger of dying from
disease, insects or fire while the infrastructure for our
industry jobs in rural communities faces an uncertain future.
Today in Eastern Oregon only a small handful of mills have
survived. Without being able to give them greater certainty of
supply and an immediate increase in merchantable timber yet
more mills will close.
If that happens, our east side forests will pay a price and
that is simply unacceptable to me. Without mills to process all
logs and other merchantable material from forest restoration
projects, there will be no restoration of our east side forest.
But I am encouraged by the opportunity that this collaborative
effort has brought about.
Timber executives are now standing shoulder to shoulder
with leaders of the Oregon environmental community to take
shared responsibility for saving our endangered forests and the
economies of our hard hit rural areas. I'm not going to
consider it a success however until Oregon Federal forests are
adequately funded to properly manage and restore their health
as the valuable Federal assets they are. I intend to continue
to fight for funding needed to manage all of the Nation's
forests. I want to thank the individuals and organizations who
have been in the trenches enduring literally thousands of hours
of difficult work and negotiations to reach agreement on the
legislation that we will focus on today.
Turning to other pieces of legislation that I've
introduced, S. 270, the LaPine Land Conveyance Act and S. 271,
the Wallowa Forest Service Compound Conveyance Act would convey
to the Bureau of Land Management and Forest Service property of
2 rural communities surrounded by Federal land to help meet
their economic development needs. Both of these rural
communities are working hard to address the needs of their
community. The bills were marked up in the last session of
Congress and both have strong support from the communities
affected.
S. 607, the Cathedral Rock and Horse Heaven Wilderness Act
would authorize 3 equal value land exchanges. Once a
substantial portion of the exchanges are completed would
designate 2 wilderness areas: the Cathedral Rock Wilderness of
8,350 acres and the Horse Heaven Wilderness of 9,000 acres in
Eastern Oregon's high desert landscape. This proposal reflects
a collaborative solution driven approach to address the
challenges created by checkerboard land ownership patterns and
ensure there are benefits for all from the adjacent land owners
to wildlife to the wide array of recreationists, boaters,
hunters, anglers, hikers and horseback riders.
Finally S. 766, the Devil's Staircase Wilderness Act would
designate 30,540 acres of both Bureau of Land Management and
Forest Service land as wilderness. It designates 4.6 million--
4.6 miles of river as wild and scenic. This pristine area is
wild and remote and has incredible old growth habitat. This
bill was marked up by our committee in the last session.
So it's my hope that these bills will be moved in the 112th
Congress and that the committee is going to complete work on
these soon. That the Senate will again move public land
legislation and that such legislation will make its way to the
President's desk to be signed.
People have worked too hard for too long on these bills
which address critical needs, critical public land's needs in
so many communities across the country.
Let me now recognize my friend and colleague, Senator
Barrasso. We have teamed up on many of these issues. I welcome
his comments that he chooses to make.
We may also be joined by the ranking minority member,
Senator Murkowski, who has been very constructive and very
helpful. I want to recognize Senator Barrasso and I see one of
our other colleagues, Senator Udall. We'll certainly allow him
to make any opening statement he chooses as well.
Senator Barrasso.
STATEMENT OF HON. JOHN BARRASSO, U.S. SENATOR
FROM WYOMING
Senator Barrasso. Thank you very much, Mr. Chairman. I
continue in joy and look forward to working with you on this
Public Lands and Forest Subcommittee. I thank you for holding
this hearing today.
I would like to make a couple of comments just on the
process before us. It's been quite a few months since we had
our last hearing. We now have about 20 bills to consider today.
The subcommittee, at least in my history, has generally
limited our hearings to 6 or 7 bills at a time. Nearly half of
our subcommittee members are new, have not had the opportunity
to consider these bills on today's agenda in a thoughtful
manner previously. I think, Mr. Chairman, we could have found a
better way to start this process.
Many of the bills we'll hear today are going to suffer from
this because we're not taking the time needed to allow new
members to consider the material and the items on the agenda.
Setting out a 32 page background memo expecting new members to
wade through such a document may be a bit unrealistic. I also
need to state that wilderness bills which include Bureau of
Land Management Lands will be complicated by the
Administration's approach which I believe is a wrongheaded
approach, to their wild land policy.
In coming weeks the committee will consider BLM Wilderness
bills designating new wilderness areas while releasing other
wilderness study areas for consideration as wilderness. Until
the underlying issues related to the President's wild land
polices are resolved, these bills are going to face, I believe,
strong opposition by many members of the Senate. So releasing a
wilderness study area only to have the land then fall prey to
the President's Wild Land policy is not an acceptable outcome
to many of us.
So, thank you, Mr. Chairman. I look forward to the
testimony. I look forward to continuing in a very fruitful
working relationship with you.
Thank you.
Senator Wyden. We certainly will have that, Senator
Barrasso.
I want to recognize Senator Udall and then Senator Lee, a
new member of our committee and we welcome him as well.
I just want to make sure that folks understand with respect
to, you know, any concerns about this afternoon. Of the 20
bills on today's hearing agenda, most are completely non
controversial. All were considered by the subcommittee during
the previous Congress.
So again, all of them were considered by the subcommittee
during the previous Congress. Three-fourths of the bills were
reported by the full committee last year. So simply what we
want to do today is update the record. Allow the administration
to comment on any changes that may have been made since
previous hearings.
Particularly, and I think you make a very important point,
Senator Barrasso, allow subcommittee members an opportunity to
ask any questions that they have. I want to assure our
colleagues that I will stay here as long as it takes to make
sure that folks get a chance to ask any questions they're
interested in.
So let's go to Senator Udall and then Senator Lee and we'll
go to our witnesses.
STATEMENT OF HON. TOM UDALL, U.S. SENATOR
FROM NEW MEXICO
Senator Udall. Thank you, Mr. Chairman. In that spirit the
2 bills I want to speak to, which are very important to me,
were a part of the last Congress' work product. Let me touch on
the first one which is the Ski Area Recreational Opportunity
Enhancement Act with Ranking Member Barrasso, which we
introduced earlier this year and worked hard in the last
Congress together to see passed.
The reason for the bill is that in Colorado and across the
country many ski areas are located on National Forest lands. In
fact almost all of them are. However, under existing law the
National Forest Service bases ski area permits primarily on
``Nordic and Alpine skiing,'' a classification that no longer
really reflects the full spectrum of snow sports or the use of
ski permit areas for non-winter activities.
This has resulted in uncertainty for the Forest Service and
ski areas as to whether and how other activities, such as those
that occur in the summer, can occur on these permitted areas.
In effect this means that ski areas on National Forest lands
are primarily restricted to use for winter recreation as
opposed to year round recreation. The Ski Areas bill that I'm
describing would clarify this ambiguity, would ensure that ski
area permits could be used for traditional snow sports such as
snowboarding, as well as specifically authorize the Forest
Service to allow additional recreational opportunities, like
summertime activities, in permit areas. It would allow for the
development of new economic opportunities in mountain
communities across our country.
So in sum, this is, what I believe, and I know Senator
Barrasso and many others believe is a common sense, obviously
bipartisan bill, that would actually add revenue to the Federal
Treasury. We worked very hard last year to improve the bill,
and I was very disappointed that it did not become law. I know
that a number of us will keep fighting to enact this
legislation this Congress.
The second bill is specific to Colorado. It's the Sugarloaf
Fire Protection District Land Exchange. The bill involves a
simple land exchange between the Forest Service and the
Sugarloaf Fire District in Colorado to make sure that the fire
district owns the land underneath its 2 fire stations.
This fire district has occupied and operated these fire
stations for nearly 40 years. If they can secure ownership the
lands will continue to be used as sites for fire stations as
well as training. The fire district is willing to trade the
property it owns which is an undeveloped in holding within the
Forest Service for the property under the stations. This is a
simple and fair exchange that will serve the public good and
help protect the local area from a growing wild fire threat.
The fire district has made a strong, persistent and good
faith effort to acquire the land under the stations through
administrative means by working with the Forest Service.
However those efforts have not succeeded. It's become evident
that legislation is required to resolve the situation.
Let me emphasize, Mr. Chairman, how much I'd prefer this
exchange be handled administratively. However, it's been over
10 years waiting for that to happen, and that's just
unacceptable. So I'm going to continue to push for passage of
this bill.
I know the Chairman, the Ranking Member both have areas
like this in their home states where fire threat is
significant. We ought to help this local fire district have
some certainty and clarity.
So I thank you for the time and thank you for your
interest, both you and the Ranking Member.
Senator Wyden. Senator Udall, thank you. I know you've
spent a lot of time trying to bring folks together behind your
bills. I'm looking forward, very much, to working with you and
getting them out of the committee.
Senator Udall. Thank you, Mr. Chairman.
Senator Wyden. Senator Lee has been very gracious and I'm
already learning is his practice. The ranking minority member
is with us, Senator Murkowski. Senator Lee has said let's hear
from our ranking minority member. Then we'll hear from Senator
Lee. Then we'll hear from Senator Risch, who has just joined
us. But all will get a chance to make their comments.
Senator Murkowski.
STATEMENT OF HON. LISA MURKOWSKI, U.S. SENATOR
FROM ALASKA
Senator Murkowski. Thank you, Mr. Chairman. Thank you,
Senator Lee for letting me kind of, jump ahead here. I'm not
going to be able to stay for the rest of the hearing I've got
another hearing in progress. But I wanted to speak very briefly
this afternoon to 2 bills that we have before us.
S. 292 which is the Salmon Lake Land Exchange.
S. 566, which is the National Volcano Early Warning and
Monitoring System bill.
The Salmon Lake bill is one that the committee has seen
before. I introduced it before with Senator Begich. It ratifies
an agreement that we worked out about 4 years ago between the
Bering States Native Corporation, State of Alaska and BLM. What
it does is it settles most of the outstanding land conveyance
problems that we have in Northwest Alaska.
We view this as a real win/win situation. It completes
almost all the conveyances to the Bering Straits Corporation.
It settles a 3 decade fight between Federal agencies, the state
and the regional native corporation over land ownership and key
to finally resolving that.
Through the bill the corporation will gain 14,645 acres in
the area north of Nome. It relinquishes to BLM a claim to 3,914
acres. The state gains acreage. BLM gains ownership,
administration of a key campground at the outlet of Salmon
Lake. It protects Federal management of key wildlife areas and
provides the Native Corporation with access to recreation
tourism sites that are important.
So again, it is somewhat unusual I think for legislation
that involves Alaska lands to be unanimously supported by the
state, by all of the Federal agencies, all of the national and
local environmental groups. Don't know how we did it.
Hallelujah. This is a good one. I hope that this hearing will
be what it takes to propel this bill to final passage before
December 18 which is the 40th anniversary of ANCSA's passage.
So we're working on that one.
The second bill is the Volcano Monitoring bill also a bill
that is seeing a repeat this year. This will supplement the
existing regional volcano observatories that are in Alaska,
Hawaii, Washington State, Yellowstone and California's Long
Valley. It authorizes funding for monitoring of our volcanoes,
allows for the center to serve as a national data collection
clearing house.
USGS will be able to place remote monitors on more peaks,
not just in Alaska, but on the West Coast. We're all kind of
keyed in to what's going on with volcanoes, earthquakes, Mother
Nature speaking up and being heard. I think we saw from an
international perspective the significance of what happens when
you have volcanoes and the disruption when the volcano blew in
Iceland last year and the impact on commerce throughout Europe.
We experienced that when Mount Rideout erupted in 1989. The
eruption caused a jet liner that had 231 passengers to
literally drop out of the sky when they flew through that ash
plume. Just very dangerous situation was fortunately averted.
But I think it has demonstrated to us that the more that we can
do when it comes to volcano monitoring it is important.
So again, Mr. Chairman, I appreciate you hearing these
today. Both of these bills have had full hearings before the
Congress. So I'm hopeful that we will be able to advance them
quickly. I appreciate your assistance and your cooperation.
Thank you.
Senator Wyden. Thank you, Senator Murkowski. You've put
together exceptional coalitions behind these bills. I know the
committee reported them out before. So I'm looking forward very
closely and very much to working closely with you on it.
Senator Murkowski. Thank you. Appreciate it.
Senator Wyden. Alright. Senator Lee, welcome to the
committee. I know you have a great interest in these issues
from our conversation. Please, proceed with any statement you'd
like to make.
STATEMENT OF HON. MIKE LEE, U.S. SENATOR FROM UTAH
Senator Lee. Thank you very much, Mr. Chairman. I
appreciate the opportunity to serve with you on this
subcommittee. Look forward to working on it.
I just want to echo briefly the concerns raised by my
colleague Senator Barrasso a minute ago about the wild lands
policy at Interior. This has cast a certain shroud of doubt and
uncertainty over the practice of declaring new wilderness. I'm
uncomfortable with Congress declaring new wilderness as long as
that shroud of uncertainty remains.
I'd also like to note that just given the deep and profound
impact that designation of wilderness can have on a state, on
its economy and on its interests. I think it's appropriate for
us to get input from the host state's legislature before we
declare new wilderness. I say this as one coming from a state
where almost 70 percent of the land is owned by the Federal
Government.
That state's interest, its ability to survive, its ability
to fund its basic government operations to provide services to
its citizens is profoundly impacted by Federal land and how
that Federal land is used. As a member of this subcommittee, I
intend to look out for interest like that, not only for my
state but for other states that are similarly situated.
Thank you.
Senator Wyden. Thank you, Senator Lee. I know from our
conversations how strongly you feel about public input. I want
you to know that I very much share your view.
We passed, President signed early in 2009 the Mount Hood
Wilderness legislation. We had well over 100 meetings reaching
out to all of the stakeholders, timber folks and environmental
folks, scientists, ski lodges and the like. I think you're spot
on in terms of saying that we've got to find ways to involve
the public, make sure folks are heard. I'm going to work
closely with you on that.
OK, Senator Risch.
STATEMENT OF HON. JAMES E. RISCH, U.S. SENATOR
FROM IDAHO
Senator Risch. I guess, Mr. Chairman, I'm a co-sponsor of
382. Senator Udall, were you going to talk about 382 with
Senator Barrasso?
Senator Udall. I already made a short comment on it.
Senator Risch. OK. I would like to associate myself with
those remarks assuming they were good remarks.
[Laughter.]
Senator Udall. It's always in the mind and the ears of the
listener, Senator Risch.
[Laughter.]
Senator Risch. Amen to that.
First of all I think this particular bill really does meet
a need that we have in Idaho for being able to further expand
the use of the ski areas to all year round activities. In
addition to that, to expand the use area for that beyond just
skiing. We have 9 different ski areas in Idaho that would
benefit from that. I'm really not aware of any opposition to
this.
I think this is a good bipartisan effort. With that, I'll
call it good.
Thank you, Mr. Chairman.
Senator Wyden. Thank you, Senator Risch. We're joined by
Senator Cantwell, who has a great interest in these issues as
well.
STATEMENT OF HON. MARIA CANTWELL, U.S. SENATOR
FROM WASHINGTON
Senator Cantwell. Thank you, Mr. Chairman. Thank you for
holding this important hearing and Ms. Wagner for being here
today. It's good to see former regional, 6 war served,
testifying on a wilderness bill that is important to Washington
State.
In 1976, the Alpine Lakes Wilderness was designated by
Congress and has since become one of the most visited
wilderness areas in the United States. Just 45 minutes from
downtown Seattle, the Alpine Lakes Wilderness provides easy
access to over 2 million people to breathtaking views of snow
capped peaks and deep glacial valleys in the Cascade Mountain
range. This area is a popular destination for hiking, camping,
horseback riding, wildlife viewing, river rafting and other
recreational activities.
Today I encourage this committee to support expanding the
Alpine Lakes Wilderness which has the support of local elected
officials, business and conservation groups and religious
leaders, hunters, anglers, sportsmen and many other individuals
in Washington State. I ask unanimous consent that the testimony
and letters of support from these Washingtonians be included in
the record, Mr. Chairman.
Senator Wyden. Without objection, it's ordered.
Senator Cantwell. Thank you.
The expansion in S. 322, would add approximately 22,000
acres to the wilderness area providing protection for low
elevation forests which are free of snow much of the year.
Provide a biological, productive environment that can support a
diverse wildlife species. These additions will promote clean
water and enhance existing recreational opportunities which
will support our local economy.
The bill also designates 2 rivers as an important component
of the wild and scenic river system, both of which are
recommended by the Forest Service for wild and scenic
designations. Ms. Wagner, I understand the Forest Service
supports this legislation, but has suggested some technical
changes. So, Senator Murray and I, the sponsors of the bill are
happy to work with you to resolve these issues.
The popularity of the proposal to expand the Alpine Lakes
Wilderness highlights an important issue in wilderness
designation. The Forest Service is required as part of the
Forest Plan Revision Process to evaluate and make
recommendations to Congress regarding that land and qualifying
for wilderness and waters that qualify for wild and scenic
designation. In Washington State processes have excluded areas
that qualify for wilderness recommendations due to concerns
over current uses, uses on adjacent lands or local politics
among other reasons.
So Congress relies on the place based expertise of the
Forest Service staff to provide a thorough and unbiased
evaluation of what qualifies as wilderness, wild and scenic
based on those conditions. So we appreciate that. This is a
critical area due to growing population, changing climate,
recreation demands. I look forward to consistently seeing the
lands which qualify for wilderness and rivers and streams, that
qualify for wild and scenic designation get evaluated, are
included in the Forest Service recommendations to Congress.
So thank you, Mr. Chairman.
Senator Wyden. Thank you, Senator Cantwell. We'll be
working very closely with you and Senator Murray. Without
objection I'd ask that Senator Murray's remarks be put into the
record as well on S. 322.
[The prepared statement of Senator Murray follows:]
Prepared Statement of Hon. Patty Murray, U.S. Senator From Washington,
on S. 322
Thank you, Mr. Chairman. I want to thank you for including the
Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie
Rivers Protection Act as part of your hearing today.
The existing 394,000 acre Alpine Lakes Wilderness is a treasure
both in Washington state and across the country. As one of the most
visited wilderness areas in the country, Alpine Lakes Wilderness gives
millions of people the opportunity to enjoy our public lands just a
short drive from Seattle.
Today we are here to discuss the opportunity to permanently protect
additional lands near the Alpine Lakes Wilderness, and to designate two
rivers of great importance to the surrounding ecosystem as Wild and
Scenic. The Alpine Lakes Wilderness Additions and Pratt and Middle Fork
Snoqualmie Rivers Protection Act will protect wildlife, promote clean
water, enhance and protect recreational opportunities, reflect the
diverse landscapes of the Puget Sound region, and contribute to the
local economy.
This has been a team effort and I want to thank Senator Cantwell
for being here. I appreciate her co-sponsorship of this bill as well as
her assistance.
I also want to acknowledge my colleague and partner on this bill,
Congressman Dave Reichert. Throughout this process, Dave has reached
out to the local communities and stakeholders to understand their
priorities.
The bill before you today is the result of discussion and
negotiation with the local community and interested stakeholders
regarding issues such as mountain bike use, search and rescue
operations, ski operations, and road and trailhead access.
My colleagues and I have worked hard to address constructive issues
and concerns that have been brought to us. I am grateful to everyone
who reached out to us and worked with us, and I think you'll see that
because we worked hard to address those concerns, this bill has
garnered broad support.
Mr. Chairman, I'd like to mention just a few of the benefits the
Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie
Rivers Protection Act will offer.
First, this wilderness area will protect wildlife and promote clean
water by preserving the landscapes that host many native plants and
animals. The wilderness is home to abundant elk and deer populations as
well as other animals and native fish populations.
Second, this wilderness designation, along with the Wild and Scenic
River designations will enhance and protect recreational opportunities
for our growing region. More people and more families are turning to
outdoor recreation on our public lands. This bill protects the area for
users today and into the future, and will preserve existing road and
trailhead access.
That leads me to the third benefit of this bill: Wilderness and
Wild and Scenic River designations will contribute to the local
economy. Even during the tough economy of the last several years,
outdoor industry retail sales have stayed strong. That means more
people are going out more often into our wildlands and the gateway
communities that serve them. The existing Alpine Lakes Wilderness is
already a destination and these additional protections will add to the
allure of this special place.
Another driving purpose behind the bill is the inclusion of low
elevation lands. The proposed additions we are discussing today provide
an opportunity to protect rare low elevation old growth and mature
forests. These low elevation lands were largely excluded from the
Alpine Lakes Wilderness in 1976, and about half of the lands included
in this proposal are below 3,000 feet in elevation.
I appreciate that Associate Chief Mary Wagner from the Forest
Service is here today to testify. I understand that the Forest Service
will provide some suggestions on the legislation, and I look forward to
working with them.
Mr. Chairman, the mountain valleys of the Alpine Lakes area are a
special place to many in Washington state. And the legislation will
ensure that we protect these special places for today's users and
future generations. I appreciate your time today and I look forward to
working with you and the Committee to move forward on this legislation.
Senator Wyden. So let's welcome our Administration
witnesses, Mr. Mike Pool, Deputy Director of Operations, Bureau
of Land Management.
Ms. Mary Wagner, Associate Chief, Forest Service.
I know we've got a long list of bills to go through. So I'd
like to ask you to summarize your oral remarks. We'll include
your written testimony in the record.
Ms. Wagner, I know that as Regional Forester in Oregon you
personally have worked closely with us, my staff and the
stakeholders on the East side Forestry bill. So we thank you
for your efforts in that regard.
Mr. Pool, I also want to express my appreciation for the
work that your agency puts forth in working on that very, very
important Eastside Forestry bill.
So let's go ahead with your remarks. Why don't whichever of
you would like to go first. What's your pleasure here?
Ms. Wagner.
Chivalry lives.
STATEMENT OF MARY WAGNER, ASSOCIATE CHIEF, FOREST SERVICE,
DEPARTMENT OF AGRICULTURE
Ms. Wagner. Thank you. Mr. Chairman, members of the
subcommittee, I'll just offer a few remarks on each of the
bills under consideration this afternoon.
Thank you for the opportunity to share the administration's
view on S. 220. There are numerous concepts in the legislation
the department fully supports. In previous testimony the
administration identified several items of concern. The
Senator's office, committee staff and the Forest Service have
worked together and have made significant progress in
addressing the administration's concerns.
The reservations that remain are two-fold.
Legislating specific performance goals outside the agency's
current capacity may set up unrealistic expectations for
communities, industry and citizens.
Second legislating aspects of forest plans, the
Administration prefers not to have legislation that's specific
to one area of the country or that desegregates the national
framework under which we manage national forests.
That said, I want to again thank Senator Wyden for his
leadership and strong commitment to Oregon's national forests,
their surrounding communities and the forest products
infrastructure and the strong collaboration behind this bill.
S. 271, would require the Secretary of Agriculture to
convey to the city of Wallowa, Oregon, all right, title and
interest to the Wallowa Forest Service compound. While it is
long standing policy that the United States Forest Service
receive market value for the sale, exchange or use of national
forest system land because of special circumstances, we do not
object to the conveyance of this property to the city under the
bill. We would like to work with the committee to address
concerns in S. 271 including the reversionary language and
provisions for the Administrative costs of the conveyance.
The Department supports S. 278, the Sugarloaf Fire
Protection District land exchange. Wishes to thank members of
the subcommittee for addressing concerns expressed when we
testified in the bill under consideration last Congress.
The Department supports S. 322, the Alpine Lakes Wilderness
additions and Pratt and Middle Forks Snoqualmie River
Protection Act. We would like to work with the committee to
address some technical aspects of the bill. We want to thank
the delegation for its collaborative approach and the local
involvement that contributed to this bill.
The Department supports S. 382, the Ski Area Recreational
Opportunity Enhancement Act of 2011 and wishes to thank members
of the committee for addressing the concerns expressed when we
testified last Congress. This legislation would encourage
greater recreation use at the most developed sites on National
Forests, enhance the long term viability of ski areas and
sustain the adjoining gateway communities.
S. 607, the Cathedral Rock and Horse Heaven Wilderness Act
of 2011 provides for the young life exchange which would
involve the conveyance of 2 parcels of National Forest System
land. We have no objection to this exchange if the conclusion
of the BLM's analysis for land exchange leads to a public
benefit determination.
S. 683, would direct the Secretary of Agriculture to convey
without consideration to the Town of Mantua, Utah, a right
title and interest in about 31 acres of National Forest System
land in Box Elder County, Utah. The Department does not object
to conveyance of this land but notes that these parcels have
not been surveyed and that would need to happen in advance of
the conveyance. We're committed to working with sponsors of the
bill, the Town of Mantua and the committee. We would appreciate
the opportunity to work with the committee to address concerns
with S. 683 including the definition of public purpose, the
reversionary language and ensuring the town's agreement to the
conveyance and provisions for Administrative costs of the
conveyance.
S. 684, would direct the Secretary of Agriculture to convey
without consideration certain parcels of National Forest System
lands to the Town of Alta, Utah for public purposes. While we
support the town's desire to consolidate its municipal
resources, the Department does not support, S. 684. We don't
support it as written. We are still willing to work with the
bill's sponsors, the Town of Alta and the committee to address
concerns including provisions to ensure the town would have to
agree to the proposed conveyance and provisions for the
Administrative costs of the conveyance.
The Department supports S. 766, the designation of the
Devil's Staircase Wilderness as well as the wild and scenic
river designations on National Forest System lands for the
Wasson and Franklin Creeks. We would like to offer minor
modifications to S. 766 that would enhance wilderness values
and improve our ability to manage resources in the area.
Last, S. 896, the Public Lands Service Corps Act of 2011.
It's a welcome amendment to the Public Lands Corps Act. The
Department strongly supports S. 896. It will help USDA and our
sister agencies expand opportunities for youth to engage in the
care of America's Great Outdoors. We appreciate the opportunity
to work with the committee on a number of implementation issues
in that bill.
So Mr. Chairman and members of the committee, this
concludes my remarks and I'm happy to answer any questions you
might have.
Thank you.
[The prepared statements of Ms. Wagner follow:]
Prepared Statements of Mary Wagner, Associate Chief, Forest Service,
Department of Agriculture
s. 220
Mr. Chairman, and Members of the Subcommittee, I am Mary Wagner,
Associate Chief for the U.S. Forest Service. Thank you for the
opportunity to share the Administration's views on S. 220, the Oregon
Eastside Forests Restoration, Old Growth Protection, and Jobs Act of
2011. Under Secretary Sherman testified before this Committee during
the last Congress on S. 2895. At that hearing, the Under Secretary
expressed his appreciation to Senator Wyden for the leadership, energy
and effort that went into developing this legislation and for his work
to bring diverse interests together.
There are numerous concepts in the legislation that the Department
fully supports including: conducting assessments at a broad landscape
scale to focus our efforts to achieve restoration results on the
ground, reducing our road system to what is needed, applying a pre-
decisional administrative review process more broadly, maintaining a
much needed wood products industry and infrastructure, promoting
sustainable use of biomass as an energy source, and collaborating with
interested parties. We look forward to working with the Senator, his
staff and the Committee to make adjustments to the parts of the
legislation that, as currently written, would cause problems for the
National Forest System.
S. 220 would authorize the Secretary to select all or part of one
or more National Forests in Oregon as part of the Initiative. The
provisions of the bill would apply to the covered area for a period of
15 years. In the covered area, the Secretary would be directed to seek
accomplishment of certain land management goals, consider opportunities
to carry out certain objectives, use landscape scale planning,
prioritize vegetative management and hazardous fuel reduction to
achieve performance goals, and carry out projects that would, to the
maximum extent practicable, mechanically treat not less than 39,000
acres in the first fiscal year following enactment, not less than
58,000 acres in the second fiscal year; and not less than 80,000 acres
in each of the subsequent years.
S. 220 also would direct the Secretary to delineate areas of
aquatic and riparian resources in the covered area and would provide
that vegetative management projects in the delineated areas protect and
restore those resources and comply with aquatic and riparian protection
requirements in the existing land management plans. The Secretary would
be directed to prepare a restoration assessment of the covered area,
prepare a restoration strategy to assist in the development and
implementation of projects using the restoration assessment, carry out
ecological restoration projects including projects at a landscape
scale, and carry out experimental ecological restoration projects.
In implementing these provisions, the Secretary would seek advice
from the scientific advisory panel established under the bill. The
Secretary also would consult with collaborative groups. Environmental
restoration projects would be subject to a pre-decisional
administrative review process and provisions relating to the judicial
review of projects under the Healthy Forests restoration Act of 2003.
On National Forests in Oregon, we are currently engaged in numerous
administrative efforts to encourage and expand programs and activities
that embrace many of the concepts in this legislation.
When Secretary Vilsack articulated his vision for America's
forests, he underscored the overriding importance of forest restoration
by calling for complete commitment to restoration. He also highlighted
the need for pursuing an ``all-lands'' approach to forest restoration
and for close coordination with other landowners to encourage
collaborative solutions.
To that end, the President's FY 12 budget proposal includes $854
million Integrated Resource Restoration line-item. This integrated
approach, similar to the landscape scale efforts envisioned in this
bill, will allow the Forest Service to apply the landscape scale
concept across the entire National Forest System. This line item
includes $80 million for Priority Watersheds and Job Stabilization to
improve watershed conditions. In addition, $40 million, the full
authorized amount, is provided for the Collaborative Forest Landscape
Restoration Program.
Three notable efforts in eastern Oregon include the Skyline
Project, the Lakeview Stewardship Project, and the Southern Blue Mtn.
Projects. The Skyline Project on the Deschutes National Forest was
initiated in 2010 and selected as a Collaborative Forest Landscape
Restoration Program (CFLRP) project last year. The Forest has been
working with Central Oregon collaborative groups to restore a 200,000+
acre landscape. CFLRP funding in FY 2010 ($500,000) was obligated and
combined with matching National Forest System funding to increase the
pace of restoration implementation in the project area. CFLRP funding
for the Skyline Project in FY 2011 is $710,000 and, when combined with
matching National Forest System funding, will double the amount of
acres we can restore.
Other examples are the Lakeview Stewardship and Southern Blue Mtn.
Projects which have strong collaborative support from their
communities. Collaborative groups helped the Fremont-Winema and Malheur
National Forests develop CFLRP proposals in FY 2011. This could lead to
additional CFLRP funding and effectively double the capacity of both
Forests to implement needed restoration work.
I am very interested in expanding collaborative successes not only
within the State of Oregon, but throughout the country. I am focusing
on advancing several principles I believe are paramount to
accomplishing restoration on the entire National Forest System. These
principles include collaboration with diverse stakeholders, efficient
implementation of the National Environmental Policy Act, greater
dialogue over areas of conflict prior to the decision, ensuring
opportunities for local contractors, expansion of the use of
stewardship contracting and monitoring to track our results on the
ground.
In previous testimony, the administration identified several items
of concern. The Senator's office, committee staff, and the Forest
Service have worked together and have made significant progress in
addressing the Administration's concerns. However, as Secretary Vilsack
has noted, the Forest Service has reservations about legislating
specific treatment levels and other aspects of our forest plans. The
Agency has a meaningful national approach to management of the national
forests that takes into account local conditions and circumstances
through the development and implementation of Land and Resource
Management Plans. Achieving performance levels proposed in this bill is
outside agency current capacity and could result in the shifting of
funds from other areas of the country where high priority work is also
underway and important to achieve. In addition, specific levels of
treatment may result in unrealistic expectations on the part of the
communities and forest product stakeholders that the agency would
accomplish the quantity of treatment required.
I want to again thank Senator Wyden for his leadership and strong
commitment to Oregon's national forests, their surrounding communities,
and forest products infrastructure. I look forward to working with the
Senator, his staff, and the Committee, and all interested stakeholders
to help ensure sustainable communities and provide the best land
stewardship for our national forests. We also have a number of
technical corrections that we will share with Committee staff. This
concludes my prepared statement and I would be pleased to answer any
questions you may have.
s. 271
Mr. Chairman and members of the Subcommittee, I am Mary Wagner,
Associate Chief of the Forest Service. Thank you for the opportunity to
appear before you today to provide the Department of Agriculture's
views on S. 271, which would require the Secretary of Agriculture to
convey land, the Wallowa Ranger Station, to the City of Wallowa,
Oregon.
S. 271 would require the Secretary of Agriculture, to convey to the
City of Wallowa, Oregon, on the request of the City, all right, title,
and interest in the Wallowa Forest Service Compound, approximately 1.11
acres located within the City, subject to valid existing rights and to
such terms and conditions as the Secretary may require. The bill
provides that, as conditions of the conveyance, the City shall use the
compound as a historical and cultural interpretation and education
center, shall ensure that the compound is managed by a nonprofit
entity, and shall manage the compound with due consideration for its
historic values.
It is long standing policy that the United States receive market
value for the sale, exchange, or use of NFS land. This policy is well
established in law, including the Independent Offices Appropriation Act
(31 U.S.C. 9701), section 102(9) of FLPMA, as well as numerous land
exchange authorities. The parcels have value to the United States for
their potential to be used to facilitate future land conveyance.
Our preference would be to convey the compound to the City under
existing authorities. The Forest Service has identified the Wallowa
Compound as a site to be sold under the Forest Service Facility
Realignment and Enhancement Act (FSFREA). Disposition under FSFREA
would allow the proceeds from the sale to be used to address other
administrative site needs. In the past 3 years, the Forest Service has
expended funds to prepare the compound for disposal and hopes to derive
benefit on behalf of the public from the sale by re-investing proceeds
from the sale in other deteriorating infrastructure on the Wallowa-
Whitman National Forest as provided for under FSFREA.
However, because of special circumstances, we do not object to the
conveyance to the City under the bill. Originally the parcels were
owned by the City. During the Depression, the City defaulted on taxes
owned on the land and the County assumed ownership. The County donated
the parcels to the United States in 1936.
We recommend, however, that the bill should provide that the City
of Wallowa be responsible for bearing all administrative costs
associated with the conveyance. Additionally, the legislation would
provide for the reversion of the property to the United States, at the
election of the Secretary, if the conditions under subsections 2(c) or
2(d) are violated. We would like to work with the Committee to address
concerns with S. 271, including the reversionary language.
This concludes my statement and I would be happy to answer any
questions you might have.
s. 278
Mr. Chairman and Members of the Subcommittee, I am Mary Wagner,
Associate Chief for the U.S. Forest Service. Thank you for the
opportunity to appear before you to provide the views of the U.S.
Department of Agriculture on S. 278.
The Department supports this legislation and wishes to thank the
Members of the Committee for addressing the concerns expressed when we
testified on the bill under consideration in the last Congress.
S. 278 would provide for the exchange or sale of two parcels of
National Forest System lands, totaling 5.08 acres, within the
boundaries of the Arapaho National Forest in Colorado to the Sugar Loaf
Fire Protection District (SLFPD). A portion of one parcel is currently
being used by SLFPD as a fire station under special use permit. The
other parcel was under a similar permit that has expired.
The National Forest System lands proposed for conveyance have lost
their national forest character. The lands that would be conveyed to
the United States have suitable national forest character and would
contribute to increased management efficiency. In addition, thanks in
large part to previous work that has been done between the Forest
Service (Arapaho-Roosevelt National Forest) and the Sugar Loaf Fire
Protection District, we believe that the Forest Service and SLFPD will
meet Congress' intent to have the parcels exchanged within one year.
The Department supports the work of the SLFPD and its efforts to
improve its facilities to deliver services more effectively. We view S.
278 as both benefitting management of the Arapaho National Forest and
promoting emergency services in the fire protection district.
Mr. Chairman, Ranking Member and Members of the Subcommittee, this
concludes my testimony. I'll be happy to answer any of your questions.
s. 322
Mr. Chairman and members of the Subcommittee, I am Mary Wagner,
Associate Chief of the Forest Service. Thank you for the opportunity to
provide the views of the Department of Agriculture on S. 322, the
Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie
Rivers Protection Act.
This legislation would designate approximately 22,173 acres as a
component of the National Wilderness System and approximately 37 miles
of river as components the National Wild and Scenic Rivers System on
the Mt. Baker-Snoqualmie National Forest in the State of Washington.
The Department supports this legislation in concept and we would like
to work with the Committee to address some technical issues as outlined
below.
We would also like the Committee to be aware that although we have
completed suitability studies for the wild and scenic rivers, we have
not completed a wilderness evaluation of the area to be designated
under this bill. The area that would be designated wilderness is
currently managed in an undeveloped manner as late Successional Reserve
under the Northwest Forest Plan. A wilderness designation would be
compatible in this area. We thank the delegation for its collaborative
approach and local involvement that have contributed to this bill.
The proposed additions to the Alpine Lakes Wilderness lie in the
valleys of the Pratt River, the Middle and South Forks of the
Snoqualmie River. The existing 394,000 acre Alpine Lakes Wilderness is
one of the jewels of our wilderness system, encompassing rugged ice
carved peaks, over 700 lakes, and tumbling rivers. The lower valleys
include stands of old growth forest next to winding rivers with native
fish populations. The area is located within minutes of the Seattle
metro area. Trails accessing the area are among the most heavily used
in the Northwest as they lead to some exceptionally accessible and
beautiful destinations. The proposed additions to the Alpine Lakes
Wilderness would expand this area to include the entire heavily
forested Pratt River valley and trail approaches to lakes in the
wilderness area in the Interstate 90 corridor. These lands have not
been analyzed as part of the forest plan to determine their suitability
to be designated wilderness. However, the Forest Service would support
their designation with a few technical adjustments.
We would like to work with the subcommittee to address some
technical aspects of the bill. These include:
The entire Pratt River Trail #1035 is included within the
boundary of the proposed wilderness. The first mile of this
trail currently is used by large numbers of people and groups.
The trail, which would be a primary access corridor for the
newly designated wilderness, is currently undergoing
reconstruction by contract and volunteer crews. The Department
suggests that the wilderness boundary be drawn to exclude
approximately three miles of this trail so that wilderness use
limitations relating to solitude do not factor into future
management concerns that may limit public access to this area.
This change would not alter the wilderness proposal
significantly, but would allow the current recreation
opportunities for high-use and large groups along this stretch
of the Middle Fork Snoqualmie to continue. This adjustment also
would reduce operation and maintenance costs along this segment
of the Pratt River Trail as it would ease any future
reconstruction efforts and allow for motorized equipment to be
used in its maintenance.
The northwestern boundary of the wilderness proposal
includes two segments of Washington State Department of Natural
Resources lands totaling about 300 acres. We recommend that the
boundary of the proposed wilderness be adjusted so that only
National Forest System lands are included, as the legislation
does not include authority for these lands to be acquired from
the State of Washington.
In T.23 N, R.10 E, Section 24, there are two Forest
Development Roads proposed for decommissioning. It is likely
that the decommissioning project will require the use of
motorized equipment to help restore the wilderness setting. We
anticipate analyzing the use of motorized equipment under the
Forest Service's minimum requirements analysis process.
S 322 also would designate two rivers as additions to the National
Wild and Scenic Rivers System: approximately 9.5 miles of the Pratt
River from its headwaters to its confluence with the Middle Fork
Snoqualmie River; and approximately 27.4 miles of the Middle Fork
Snoqualmie River from its headwaters to within = mile of the Mt. Baker-
Snoqualmie National Forest boundary. Each river was studied in the Mt.
Baker-Snoqualmie National Forest Plan and determined to be a suitable
addition to the National Wild and Scenic Rivers System.
The Pratt River has outstandingly remarkable recreation, fisheries,
wildlife and ecological values. The corridor provides important hiking
and fishing opportunities in an undeveloped setting. The river supports
resident cutthroat trout and its corridor contains extensive deer and
mountain goat winter range and excellent riparian habitat. Its corridor
retains a diverse riparian forest, including remnant stands of low-
elevation old-growth.
The Middle Fork Snoqualmie River also has outstandingly remarkable
recreation, wildlife and fisheries values. The river is within an easy
driving distance from Seattle and attracts many visitors. It provides
important whitewater boating, fishing, hiking and dispersed recreation
opportunities. The river corridor contains extensive deer winter range
and excellent riparian habitat for numerous wildlife species. This is
the premier recreational inland-fishing location on the National Forest
due to its high-quality resident cutthroat and rainbow trout
populations. Adding these rivers to the National Wild and Scenic Rivers
System will protect their free-flowing condition, water quality and
outstandingly remarkable values. Designation also promotes partnerships
among landowners, river users, tribal nations and all levels of
government to provide for their stewardship. We therefore support the
designation of these rivers into the National Wild and Scenic River
System.
The Department has one concern with the wild and scenic river
designations relating to the management of the Middle Fork Snoqualmie
River Road. We are currently in the process of improving this road and
feel that this work is needed to protect the wild and scenic values
associated with this river while improving visitor safety and watershed
health. Approximately 20 years ago, the U.S. Forest Service submitted
the Middle Fork Road to the Federal Highway Administration for
reconstruction via their enhancement program. The project has been
approved, design work is approximately 30% complete, and construction
is planned for 2013 or 2014. The Federal Highway Administration has
already expended approximately $3.2 million to date on the project. We
would like to work with the committee to ensure timely completion of
the project and assure long-term maintenance of the road.
This concludes my prepared statement and I would be pleased to
answer any questions you may have.
s. 382
Mr. Chairman and Members of the Subcommittee, I am Mary Wagner,
Associate Chief for the U.S. Forest Service. Thank you for the
opportunity to appear before you to provide the views of the U.S.
Department of Agriculture (USDA) on S. 382, the Ski Area Recreational
Opportunity Enhancement Act of 2011.
S. 382 would amend the National Forest Ski Area Permit Act of 1986
to authorize the Secretary to permit seasonal or year-round natural
resource-based recreational activities and associated facilities at ski
areas, in addition to those that support Nordic and alpine skiing and
other snow sports that are currently authorized by the Act.
The Department supports S. 382 and wishes to thank the Members of
the Committee for addressing the concerns expressed when we testified
last Congress on S. 607. Like its predecessor, S. 382 would promote
seasonal or year-round recreation opportunities at ski resorts on
National Forest System lands and, by doing so, would expand the
opportunities for ski areas to attract visitors during all four
seasons.
The additional seasonal or year-round recreational activities and
associated facilities authorized by the bill would have to encourage
outdoor recreation and enjoyment of nature and, to the extent
practicable, would have to harmonize with the natural environment. The
bill specifies certain recreational activities and facilities that
could, under appropriate circumstances, be authorized and those that
would be excluded from authorization. The bill would make clear that
the primary purpose of the authorized use and occupancy would continue
to be skiing and other snow sports.
There are 122 ski areas operating under permit on National Forest
System lands. These ski areas occupy less than 1 percent of all
National Forest System lands. Nevertheless, about one-fifth of all
recreation in national forests occurs at these ski areas. The ski areas
are some of the most developed sites in the national forests. However,
for many Americans, ski areas are portals to the national forests and a
means to greater appreciation of the natural world.
Focusing more of developed outdoor recreational activities within
ski areas is appropriate and would reduce impacts on less developed
areas in the national forests. If S. 382 is enacted, we would develop
criteria for the types of seasonal or year-round activities that would
be appropriate at ski areas to provide a basis for case-specific
proposals at the local level in accordance with established law,
regulations, and procedures including the Secretary's duties to involve
the public in his decision-making and planning for the national
forests.
In summary, this legislation would encourage greater recreational
use of the national forests and would concentrate highly developed
recreation in areas that are currently among the most developed sites
in national forests. In addition, the legislation would enhance the
long-term viability of the ski areas on National Forest System lands
and the adjoining rural economies.
Mr. Chairman and Members of the Subcommittee, this concludes my
testimony. I'll be happy to answer any of your questions.
s. 607
Mr. Chairman, Honorable Ranking Member and distinguished members of
the Committee, I am Mary Wagner, Associate Chief of the U.S. Forest
Service. Thank you for the opportunity to speak with you today about S.
607, the Cathedral Rock and Horse Heaven Wilderness Act of 2011.
S. 607 provides for land exchanges between the Bureau of Land
Management (BLM) and a number of private parties. We defer to BLM for
its position on those exchanges. One of the exchanges, identified in
the bill as the Young Life Exchange, would involve the conveyance of
two parcels of National Forest System (NFS) land, comprising
approximately 690 acres. The Forest Service has no objection to either
of the parcels being exchanged out of federal ownership if the
conclusion of BLM's analysis for a land exchange leads to a public
benefit determination.
Additionally, the bill would effectuate the transfer of
administrative jurisdiction of certain BLM lands that lie within, or
are adjacent to, the Ochoco National Forest, to the Forest Service. The
Forest Service supports the transfer of jurisdiction over these lands
to the Forest Service. Such mutually beneficial land exchanges will
make management of the public lands easier and this is a good
investment for the taxpayer.
Mr. Chairman, Ranking Member and Members of the Subcommittee, this
concludes my testimony. I'll be happy to answer any of your questions.
s. 683
Mr. Chairman and members of the Subcommittee, I am Mary Wagner,
Associate Chief of the Forest Service. Thank you for the opportunity
today to present the Department's view on S. 683, legislation to
provide for the conveyance of certain parcels of land in the Town of
Mantua, Utah.
S. 683 would direct the Secretary of Agriculture to convey, without
consideration, to the Town of Mantua, Utah, all right, title and
interest of the United States in approximately 31.5 acres of National
Forest System (NFS) land in Box Elder County, Utah. This land is
currently part of the Uinta-Wasatch-Cache National Forest. The 31.5
acres in question comprise three parcels identified in the bill as
parcels A, B, and C as shown on the accompanying map. The parcels are
encumbered with several outstanding rights in Brigham City, including
three pipelines, a right to construct a pipeline, and use of four
springs.
The Department does not object to conveyance of this NFS land, but
notes that these parcels have not been officially described; a federal
survey would be required in advance of conveyance. Although the bill
does require the Town to cover the Federal land survey costs associated
with the conveyance, it does not clearly state who would be responsible
for bearing other administrative costs.
We believe that the Forest Service could meet the objectives of the
bill administratively through either the Townsite Act of July 31, 1958
(16 U.S.C. 478a) or the Weeks Act of March 1, 1911 (16 U.S.C. 516) as
supplemented by the Federal Land Policy and Management Act (FLPMA) of
October 21, 1976 (P.L. 94-579, 90 Stat. 2743; 43 U.S.C. 1716; as
amended). The Townsite Act authorizes communities to acquire up to 640
acres of NFS land in order to serve community objectives and requires
payment to the United States of the market value of the federal land.
The Weeks Act authorizes the exchange of NFS land for non-Federal land
on the basis of equal value.
It is long standing policy that the United States receive market
value for the sale, exchange or use of NFS land. This policy is well
established in law, including the Independent Offices Appropriation Act
(31 U.S.C. 9701), section 102(9) of FLPMA, as well as numerous land
exchange authorities. The parcels were acquired by donation from Box
Elder County in 1941. They have value to the United States for their
potential to be used to facilitate future land exchanges.
Mr. Chairman, regardless of the ultimate outcome of the
congressional consideration of S. 683, the Forest Service is committed
to working with the bill sponsors, the Town of Mantua, and the
Committee, in hopes of assisting the Town. We would appreciate the
opportunity to work with the Committee to address concerns with S. 683,
including regarding the definition of public purpose and the
revisionary language.
Also, to avoid constitutional concerns, the Department of Justice
recommends that the bill be revised to make absolutely clear that the
town would have to agree to the proposed conveyance, which is what we
understand Congress intends. This change might be accomplished by
adding ``and subject to the Town's agreement'' after ``the Secretary
shall convey to the Town,'' in section 2(b) of the bill.
This concludes my statement and I would be happy to answer any
questions you might have.
s. 684
Mr. Chairman and members of the Subcommittee, I am Mary Wagner,
Associate Chief of the United States Forest Service.
Thank you for the opportunity to appear before you today and
provide the Department of Agriculture's views regarding S. 684, to
provide for the conveyance of certain parcels of land to the town of
Alta, Utah. S. 684 would direct the Secretary of Agriculture to convey,
without consideration, certain parcels of National Forest System (NFS)
land comprising approximately two acres located in the Uinta-Wasatch-
Cache National Forest to the Town of Alta, Utah, for public purposes.
While supportive of the Town's desire to consolidate its municipal
resources, the Department does not support S. 684.
The Forest Service can convey the parcel under current authorities
through the Townsite Act of July 31, 1958 (16 U.S.C. 478a). The
Townsite Act authorizes communities to acquire up to 640 acres of NFS
land in order to serve community objectives, and requires payment to
the United States of the market value of the federal land. Similarly,
the lands could be made available by exchange for equal value
consideration.
It is long standing policy that the United States receive market
value for the sale, exchange, or use of NFS land. This policy is well
established in law, including the Independent Offices Appropriation Act
(31 U.S.C. 9701), section 102(9) of the Federal Land Policy and
Management Act (43 U.S.C. 1701), as well as numerous land exchange
authorities. Based on recent land sales in the Alta area, we estimate
the value of the lands proposed to be conveyed under S. 684 to be
approximately $500,000 per acre.
Finally, S. 684 would require the Town of Alta to cover the Federal
land survey costs associated with the proposed conveyance. It also
should provide that the Town should bear other administrative costs
associated with the conveyance.
Although the Department does not support S. 684 as written, we are
willing to work with the bill sponsors, the Town of Alta, and the
Committee, in hopes of assisting the Town in achieving its desired
consolidation of municipal resources.
The Department of Justice also advises that the bill raises a
constitutional concerns. In order to address this concern the
Department of Justice recommends that the bill be revised to make
absolutely clear that the town would have to agree to the proposed
conveyance, which is what we understand Congress intends. This change
might be accomplished by adding ``and subject to the Town's agreement''
after ``the Secretary shall convey to the Town,'' in section 2(b) of
the bill.
This concludes my statement and I would be happy to answer any
questions you might have.
s. 766
Mr. Chairman, Honorable Ranking Member and distinguished members of
the Committee, I am Mary Wagner, Associate Chief of the Forest Service.
Thank you for the opportunity to speak with you today about a bill that
addresses Wilderness designation in the coastal Douglas-fir forests of
Oregon.
S. 766 would designate an area known as the Devil's Staircase as
wilderness under the National Wilderness Preservation System. In
addition, S. 766 would designate segments of Wasson and Franklin Creeks
in the State of Oregon and within the proposed Devil's Staircase
Wilderness as wild rivers under the Wild and Scenic Rivers Act.
The Department supports the designation of the Devil's Staircase
Wilderness as well as the Wild and Scenic River designations on
National Forest System lands. We would like to offer minor
modifications to S. 766 that would enhance wilderness values and
improve our ability to manage resources in the area.
The Devil's Staircase area lies in the central Oregon Coast Range,
north of the Umpqua River and south of the Smith River. Elevations in
the area range from near sea level to about 1,600 feet. The area is
characterized by steep, highly dissected terrain. It is quite remote
and difficult to access. A stair step waterfall on Wasson Creek is the
source of the name Devil's Staircase.
The area that would be designated as wilderness by S. 766
encompasses approximately 30,540 acres of National Forest System (NFS)
and Bureau of Land Management (BLM) lands. NFS lands are approximately
24,000 acres, and BLM lands are approximately 6,500 acres.
All NFS lands that would be designated as wilderness are classified
as Late Successional Reserve under the Northwest Forest Plan, which
amended the Siuslaw National Forest LRMP in 1994. This land allocation
provides for the preservation of old growth (late successional) habitat
and is compatible with a wilderness designation. There are no planned
resource management or developed recreation projects within the NFS
portion of the lands to be designated as wilderness.
Most of the area is forested with older stands of Douglas-fir and
western hemlock, and red alder in riparian areas. All three tree
species are under-represented in the National Wilderness Preservation
System, relative to their abundance on NFS lands in Washington and
Oregon. These older stands provide critical habitat and support nesting
pairs of the northern spotted owl and marbled murrelet, which are
listed as threatened species under the Endangered Species Act.
The proposed Devil's Staircase Wilderness provides an outstanding
representation of the Oregon Coast Range and would enhance the National
Wilderness Preservation System. The Oregon Coast Range has been largely
modified with development, roads, and logging. Three small wilderness
areas currently exist along the Oregon portion of the Pacific Coast
Range, and the proposed Devil's Staircase Wilderness would more than
double the acres of old-growth coastal rainforest in a preservation
status. Wilderness designation would also preserve the Devil's
Staircase, which is a unique landscape feature.
There are approximately 24 miles of National Forest System roads
within the proposed boundary, 10.5 miles of which are not needed for
administrative use and would be decommissioned and obliterated. The
remainder would be converted to a trail as discussed below. The
Department recognizes that decommissioning and obliteration of this
magnitude may require the use of motorized equipment to remove road
related structures and grading. We anticipate analyzing such use under
the Forest Service's minimum requirements analysis process.
The remaining 13.5 miles of road comprise Forest Service Road 4100,
which bisects the proposed wilderness. The Department recommends that
this road be converted and managed as a non-motorized, foot and/or
horse trail compatible with wilderness uses. The Forest Service would
use a minimum requirement analysis process to determine the appropriate
tools necessary to complete activities associated with the road.
The bill would transfer administrative jurisdiction over 49 acres
of BLM land to the Forest Service. The Forest Service supports the
transfer of jurisdiction.
S. 766 also would designate approximately 10.4 miles of streams on
National Forest System lands as part of the National Wild and Scenic
Rivers System: 5.9 miles of Wasson Creek and 4.5 miles of Franklin
Creek, both on the Siuslaw National Forest. Both Wasson and Franklin
Creeks have been identified by the National Marine Fisheries Service
(NMFS) as critical habitat for coho salmon (Oregon Coast ESU
[Evolutionarily Significant Unit] of coho salmon), a threatened species
under the Endangered Species Act. While the critical habitat portion of
Wasson Creek is below the Devil's Staircase waterfall and thus largely
outside the proposed wild and scenic designation, the designation will
nevertheless help ensure that the lower portion of the creek remains
suitable as coho habitat.
The Department defers to, and agrees with, the Department of the
Interior concerning the proposal to designate the 4.2-mile segment of
Wasson Creek flowing on lands administered by BLM.
The Forest Service conducted an evaluation of the Wasson and
Franklin Creeks to determine their eligibility for wild and scenic
rivers designation as part of the forest planning process for the
Siuslaw National Forest. However, the agency has not conducted a wild
and scenic river suitability study, which provides the basis for
determining whether to recommend a river as an addition to the National
Wild and Scenic Rivers System. Wasson Creek was found eligible as it is
both free-flowing and possesses outstandingly remarkable scenic,
recreational and ecological values. The Department supports designation
of the 5.9 miles of the Wasson Creek on NFS lands based on the
segment's eligibility.
At the time of the evaluation in 1990, Franklin Creek, although
free flowing, was found not to possess river-related values significant
at a regional or national scale and was therefore determined ineligible
for designation. Subsequent to the 1990 eligibility study, the Forest
Service has found that Franklin Creek provides critical habitat for
coho salmon, currently listed as threatened under the Endangered
Species Act, and also serves as a reference stream for research because
of its relatively pristine character, which is rare in the Oregon Coast
Range. Due to the presence of coho salmon and the pristine character
the Department does not oppose its designation. Designation of the
proposed segments of both Wasson and Franklin Creeks is consistent with
the proposed designation of the area as wilderness. The actual Devil's
Staircase landmark is located on Wasson Creek.
Mr. Chairman, this concludes my testimony. I am happy to answer any
questions that you may have on Devil's Staircase Wilderness Act.
s. 896
Mr. Chairman and members of the Committee, thank you for the
opportunity to testify before you today on S. 896, the Public Lands
Service Corps Act of 2011. I am Mary Wagner, Associate Chief of the
Forest Service.
S. 896 is a welcome amendment to the Public Lands Corps Act of
1993. The Nation's forests and grasslands are unique and special
ecosystems that the Forest Service manages to meet the needs of present
and future generations. These lands yield abundant sustainable goods
and ecosystem services for the American people. The National Forest
System lands, managed under a multiple-use, sustained-yield mission are
perfect places for the Public Lands Service Corps participants to learn
and practice an array of conservation, preservation, interpretation and
cultural resource activities, and take advantage of outstanding and
unique educational opportunities. In states in every region, the Forest
Service has benefited greatly from the services of Conservation Corps
on National Forest System lands.
The Department strongly supports S. 896. This bill would strengthen
and facilitate the use of the Public Land Corps (PLC) program, helping
to fulfill the vision that Secretary Vilsack has for engaging young
people across America to serve their community and their country. It is
also consistent with the goals of the President's America's Great
Outdoors Initiative which includes catalyzing the establishment of a
21st century Conservation Service Corps to engage young people in
public lands service work. S. 896 will help USDA and our sister
agencies, DOI, NOAA, expand opportunities for our youth to engage in
the care of America's Great Outdoors, and is a great example of
multiple agencies coming together to implement a shared goal.
In recent years, the Forest Service has greatly expanded
partnerships with local, state, and urban based conservation Corps
programs and our Job Corps Center portfolio.
Under S. 896, we will be able to increase partnerships with Corps
programs and expand opportunities for Job Corps graduates in the Green
Careers program. In 2010, our partnerships with the Students
Conservation Association, The Corps Network, and multiple youth,
conservation and veterans Corps in every region resulted in nearly
5,500 youth and young adults serving on public lands. The expanded
authority provided by S. 896 will improve the Act by providing
increased flexibility to use interns and Conservation Corps teams. It
will also help ensure that underserved populations are able to
participate by defining minimum match requirements while also providing
flexibility with the match requirement.
The emphasis on experiential training and education will help
promote the value of public service in addition to contributing to the
accomplishment of much needed work. S. 896 will expand our usage of the
PLSC in a variety of program areas by providing additional resources
and mechanisms to engage young people in a range of developmental
opportunities. This authority will further assist in providing even
more outdoor opportunities that will nurture the next generation of
public land stewards.
The broader definition of natural, cultural and historic resource
work under the amendment benefits the Nation's forests and grasslands
by authorizing a wider variety of different types of youth engagement..
The expanded authority to engage Native Americans through the Indian
Youth Service Corps and resources assistants and consulting interns
will contribute to our goals of creating a more diverse workforce as we
seek to fill positions in an aging workforce. These new and expanded
authorities will ultimately promote public understanding and
appreciation of the mission and work of the federal land, coastal and
ocean management agencies.
We appreciate the flexibility of the expanded authority in section
205, which would authorize the use of residential facilities. Our
history of program delivery through Forest Service Job Corps Civilian
Conservation Centers has allowed us to reach more than six million
youth since the program was established in 1964. The U.S. Forest
Service operates residential Civilian Conservation Centers through an
interagency agreement with the Department of Labor Job Corps program.
The 2009 Omnibus appropriations Act authorized the Forest Service to
operate six additional Job Corps Centers formerly run by the Bureau of
Reclamation. The now 28 Job Corps Civilian Conservation Centers have
the capacity to house, educate and train over 6,200 enrollees between
the ages of 16 and 24. Our extensive experience operating residential
facilities successfully has resulted in the establishment of many best
practices and in-depth operational knowledge about residential
conservation centers.
The Job Corps Civilian Conservation Centers not only help cultivate
and develop emerging leaders within the Forest Service, but also
provide a pipeline of entry-level workers. Each year the Forest Service
hires dozens of Job Corps graduates that have participated in forestry
and conservation programs. Through Job Corps, the Forest Service is
building a skilled and diverse workforce capable of advancing the
agency's mission.
With our partners, we can confidently leverage resources and expand
our ability to develop a well-trained and responsible workforce in
natural and cultural resources. Youth will participate in community
service, restoration and stewardship projects; leadership and civic
engagement programs; recreation; and team building and independent
living skills training.
The Forest Service is uniquely positioned to manage residential
conservation centers on the National Forests and Grasslands. This
initiative could become an important component of the emerging youth
outdoors initiative. It will also provide us with a unique opportunity
to develop and implement innovative programming that will engage more
urban youth and people that have been previously underserved.
There are a number of implementation issues that should be
considered in establishing new residential conservation centers. These
include the costs of operating and maintaining the facilities,
potential liability issues, and questions about the impact on contract
and labor laws. We would like to work with the Committee on addressing
these types of issues.
S. 896 would increase the opportunity for Public Lands Service
Corps members to leverage their education and work experience in
obtaining permanent full-time employment with Federal agencies, but we
offer a few amendments to the bill that are outlined below:
1) Hiring preference
The Administration recommends changing eligibility for former PLSC
for noncompetitive hiring status from two years to one year. This
change would make eligibility status consistent with other Government-
wide, non-competitive appointment authorities based on service outside
of the Federal government.
2) Cost sharing for nonprofit organizations contributing to expenses of
resource assistants and consulting interns
Under current law in the case of resource assistants, and under S.
896 in the case of consulting interns, sponsoring organizations are
required to cost-share 25 percent of the expenses of providing and
supporting these individuals from ``private sources of funding.'' The
Administration recommends giving agencies the ability to reduce the
non-Federal contribution to no less than 10 percent, if the Secretary
determines it is necessary to enable a greater range of organizations,
such as smaller, community-based organizations that draw from low-
income and rural populations, to participate in the PLSC program. This
would make the cost-share provisions for resource assistants and
consulting interns parallel to the provisions under the bill for other
PLSC participants.
3) Department-wide authorities
The Administration recommends technical amendments to clarify that
PLSC activities will be carried out on public lands as enumerated in
the law. ``Eligible service lands'' may be interpreted to include non-
Federal lands.
4) Agreements with Partners on Training and Employing Corps Members
The Administration recommends striking the provision in S. 896 that
would allow PLSC members to receive federally funded stipends and other
PLSC benefits while working directly for non-Federal third parties. The
need for this language is unclear, since agencies already have
flexibility in how they coordinate work with cooperating associations,
educational institutes, friends groups, or similar nonprofit
partnership organizations. Yet, the language could raise unanticipated
concerns over accountability, liability, and conflicts of interest. For
example, this language could allow an individual to receive a federally
funded stipend under a PLSC agreement, and then perform work for a
different non-federal group (such as a cooperating association) that is
subject to agency oversight under different agreements. This language
could blur the lines of responsibility that have been established in
response to IG concerns over the management of cooperating associations
and friends groups.
5) Living Allowance Differentials
The Administration recommends striking the provision in S. 896 that
would allow for the Secretary to provided living allowance
differentials to employees. Current law provides the Secretary with
broad authority to set ``living allowances'' at an appropriate rate.
Adding ``cost-of-living'' language to a law that would modify
compensation for Federal employees may unnecessarily introduce
confusion.
The Forest Service has offices already in place to help coordinate
the Public Lands Service Corps through its National Job Corps Civilian
Conservation Centers program and the Office of Recreation, Heritage and
Volunteer Resources Volunteers (RHVR) and Service program. The Forest
Service RHVR Volunteers and Service program could likely be the
coordinating office for Public Lands Service Corps in the Forest
Service.
The Forest Service is fully committed to the advancement of young
people through a variety of conservation projects, training, and
service learning and conservation education. Along with the Bureau of
Land Management, we can provide participants with an understanding of
the agency's history and training on multiple-use and sustained-yield
management of natural, cultural, historic, archaeological, recreational
and scenic resources. Our mission, ``To sustain the health, diversity
and productivity of the Nation's forests and grasslands to meet the
needs of present and future generations,'' can only be achieved by
educating future generations and training the future public and private
land managers. In turn, they will promote the value of public service
and continue the conservation legacy of natural resource management for
the United States.
The America's Great Outdoors initiative has generated a national
dialogue on how to reconnect Americans with the outdoors. The AGO
report released February 2011 includes a major emphasis on youth and
career pathways. The very first goal in the report is ``develop quality
conservation jobs and service opportunities that protect and restore
America's natural and cultural resources''.
USDA Forest Service staff are a part of an interagency workgroup
that is presently working to 1) catalyze the establishment of a 21st
Century Conservation Service Corps that will engage young Americans in
public lands and water restoration; 2) work with OPM to improve career
pathways and to review barriers to jobs in natural resource
conservation and historic and cultural preservation; and 3) improve
federal capacity for recruiting, training and managing volunteers and
volunteer programs to create a new generation of citizen stewards. The
proposed amendments to the Public Lands Corps Act align well with these
objectives and will undergird our efforts to fully implement the
President's America's Great Outdoors priorities.
Mr. Chairman and Members of the Committee, this concludes my
prepared statement. I am happy to answer any questions that you or
Members of the Committee may have.
Senator Wyden. Mr. Pool.
STATEMENT OF MIKE POOL, DEPUTY DIRECTOR, OPERATIONS, BUREAU OF
LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
Mr. Pool. Thank you, Mr. Chairman. Thank you for the
opportunity to testify on behalf of the Department of Interior
on 13 bills affecting the Department before you today.
As Deputy Director of the Bureau of Land Management, I'm
here to discuss nine BLM related bills. I'm accompanied by my
DOI colleagues to answer questions on other bills.
With me today are Dr. John Eichelberger of the U.S.
Geological Survey to respond to questions about S. 566.
Linda Owens of the Office of Surface Mining on S. 897.
George McDonald of the National Park Service for S. 896.
The Department strongly supports S. 896 by strengthening
and facilitating the use of Public Land Corps Program. This
bill will help us fulfill Secretary Salazar's vision for
promoting ways to engage young people across America to serve
their community and their country. We would like to continue to
work with the committee on the language in the bill.
The Department of Interior also supports S. 292, to resolve
claims to the Bering Straits Native Corporation in Alaska.
S. 617, to convey certain Federal land to Elko County,
Nevada and to take into trust for the Te-Moak Tribe of Western
Shoshone Indians of Nevada.
Both conveyance are intended for community purposes.
S. 667, which designates the nearly 236,000 acre Rio Grande
del Norte National Conservation Area in Northern New Mexico as
well as 2 wilderness areas.
S. 729, which affirms a final land patent that will protect
critical habitat while allowing economic development in South
Central Nevada.
As S. 766 which designates the Devil's Staircase Wilderness
Area in Oregon and designates segments of the Wasson and
Franklin Creeks nearby as wild rivers.
In addition, the Department supports the goal of Senate
Bill 526, to provide for the conveyance of certain public lands
in Mohave County, Arizona to the Arizona Game and Fish
Commission for use as a public shooting range. The BLM also
recommends technical and policy improvements to the bill.
Regarding S. 270, which conveys 3 parcels of land to the
city of LaPine, Oregon in Deschutes County, Oregon, the
Department appreciates the improvements made to this bill since
the last Congress, has no objections to the conveyances and
would like to continue to work with Senator Wyden and the
committee on the bill.
The Department also supports Senate Bill 607, the Cathedral
Rock and Horse Heaven Wilderness, which provides for a series
of land exchange along the John Day River in Oregon and seeks
to eventually designate those lands and adjacent public lands
as wilderness.
The Department and the U.S. Geological Survey thanks the
committee for its work on Senate Bill 566, to establish a
National Volcano Early Warning and Monitoring System. The USGS
is working to address concerns in this bill as discussed in our
statement for the record.
S. 590 would convey 3 geographical miles of submerged lands
adjacent to the Northern Mariana Island to the government of
the Northern Mariana Islands. If enacted this legislation would
give the Commonwealth of Northern Mariana Islands authority
over submerged lands and consequently, the same benefits and
authority as the territories in Guam, the Virgin Islands and
American Samoa currently enjoy. The Administration will
strongly support this bill, if amended, as outlined in the
statement the Department has submitted for the record.
I am also submitting for the record a statement from the
Office of Surface Mining Reclamation and Enforcement regarding
Senate Bill 897 which would allow non certified states and
tribes to use certain SMCRA payments for non coal reclamation.
While the Administration recognizes the importance of
addressing hard rock mine hazards, the Department cannot
support this bill because it is inconsistent with the
President's fiscal year 2012 budget proposal to limit SMCRA
payments to coal sites that pose the most danger to public
health and safety and/or damage to the environment.
Finally Senate Bill 427 provides a mineral withdrawal on
certain public lands in Clark County, Nevada. The BLM is
preparing an environmental impact statement on the site in
accordance of the terms of a settlement agreement involving
mineral claims and therefore defers taking a position on the
bill.
Thank you for the opportunity to testify. I'll take any
questions at this time.
[The prepared statement of Mr. Pool follows:]
Prepared Statement of Mike Pool, Deputy Director, Operations, Bureau of
Land Management, Department of the Interior
s. 270
Thank you for the opportunity to testify on S. 270, the La Pine
Land Conveyance Act. The bill proposes to convey to the city of La Pine
and Deschutes County, Oregon, three parcels (consisting of 150 acres,
750 acres, and 10 acres). The BLM does not object to the conveyances in
S. 270. We note that these conveyances are consistent with our existing
authority under the Recreation and Public Purposes (R&PP) Act, so they
could be accomplished administratively. We appreciate the improvements
made to this legislation since last Congress, and would like the
opportunity to continue to work with Senator Wyden and the Committee on
S. 270.
Background
La Pine is a rural community located in southern Deschutes County,
Oregon. The BLM and the City of La Pine have a long history of working
together and have completed several Recreation and Public Purposes
(R&PP) Act conveyances, including the sites of the La Pine library and
fire station. Since La Pine is surrounded by BLM-administered lands,
community leaders have held ongoing discussions with the BLM concerning
the city's need for additional land to serve other public purposes.
The R&PP Act authorizes the Secretary of the Interior to lease or
convey public lands for recreational and public purposes, such as
campgrounds, municipal buildings, hospitals, and other facilities
benefitting the public. The La Pine Special Sewer District submitted an
R&PP application to BLM's Prineville District Office in 2007, and an
amended application in January 2009, for 750 acres of BLM-administered
lands on the eastern edge of the La Pine city limits. The District has
informed BLM that its intention is to use the lands to expand their
current wastewater treatment facilities. The parcel is largely vacant,
but does contain rights-of-way for a natural gas pipeline, transmission
line, and roads. This parcel of land is shown as ``Parcel B'' on the
map prepared at the request of Senator Wyden, dated December 11, 2009.
``Parcel C'' on the map is currently leased under R&PP through 2020 and
consists of a library, parking lot and picnic area.
Additionally, the City of La Pine has expressed an interest in
developing a public rodeo grounds and equestrian center on a 150-acre
parcel of BLM-administered lands adjacent to the southwest border of
the city. This parcel is also largely vacant, but contains rights-of-
way for a road and transmission lines. It also provides important
habitat and a travel corridor for elk. This parcel of land is shown as
``Parcel A'' on the map prepared at the request of Senator Wyden, dated
December 11, 2009.
s. 270
S. 270 proposes to convey, at no cost, to the city of La Pine and
Deschutes County, Oregon, all right, title and interest of the United
States to the three parcels (consisting of 150 acres, 750 acres, and 10
acres), detailed on the map prepared at the request of Senator Wyden,
dated December 11, 2009. These conveyances would be subject to valid
existing rights and are intended to address the city's and county's
stated need for additional land to accommodate the expansion of its
wastewater treatment facilities and provide land for a public library,
rodeo grounds and equestrian center.
The bill requires that the three parcels of land be used only for
purposes consistent with the R&PP Act and includes a reversionary
clause to enforce that requirement. Finally, the bill requires the
County to pay all administrative costs associated with the transfer.
As a matter of policy, the BLM supports working with local
governments to resolve land tenure issues that advance worthwhile
public policy objectives. In general, the BLM supports the proposed
conveyances, as they are consistent with the existing R&PP authority.
We would like to work with Senator Wyden and the Committee to further
address concerns related to Parcel A, which serves as an important
travel corridor and shelter area for elk along the Little Deschutes
River, either through additional boundary modifications or through
identification of alternative sites. To avoid constitutional concerns,
the Department of Justice recommends that the bill be revised to make
absolutely clear that the city or county would have to agree to the
proposed conveyance, which is what we understand Congress intends. This
change might be accomplished by adding ``and subject to the city's or
county's agreement'' after ``without reimbursement'' in section 3(a) of
the bill.
Conclusion
Thank you for the opportunity to testify. We look forward to
working with Senator Wyden and the Committee to address the needs of La
Pine, Oregon.
s. 292
Thank you for the opportunity to testify on S. 292, the Salmon Lake
Land Selection Resolution Act. As a party to the Salmon Lake Area Land
Ownership Consolidation Agreement, the BLM has supported efforts
between the State of Alaska and the Bering Straits Native Corporation
(BSNC) to resolve competing land selections at Salmon Lake. As such,
BLM supports S. 292, with one minor technical amendment, because it
will ratify the agreement between the BLM, BSNC, and the State of
Alaska; and allow for a reasonable and practicable conveyance of lands
in the Salmon Lake area.
Background
salmon lake is located on the seward peninsula, approximately 40 miles
northeast of nome. the lake is one of the largest bodies of fresh water
on the peninsula, and has long been an important source of food and
resources for the native people. because the area contains significant
fisheries and other subsistence resources, it remains a popular
resource and destination for local communities.
The BLM is responsible for expediting the conveyance of Federal
lands to Native corporations, including the BSNC, under the Alaska
Native Claims Settlement Act (ANCSA), and to the State of Alaska under
the Alaska Statehood Act of 1958.
The BSNC, the Native regional corporation for the Bering Straits
area, and the State of Alaska each sought to gain title to the Salmon
Lake area through selection applications filed under respective
provisions of ANCSA and the Alaska Statehood Act. However, the land
addressed by the two applications overlapped. The BSNC and the State
negotiated a resolution to this issue whereby each entity would receive
title to distinct lands. The BLM supported this resolution, and the
three parties signed the Salmon Lake Area Land Ownership Consolidation
Agreement on July 18, 2007. Legislation is now required to ratify the
Agreement between the United States (acting through the Department of
Interior, BLM), the BSNC, and the State of Alaska. The Agreement would
have expired January 1, 2011, but its term was extended until January
1, 2013 in anticipation of ratifying legislation. Accordingly, the
Department recommends that Section 3(1)(b) of the bill be amended to
reflect the extension of the Agreement to January 1, 2013.
s. 292
S. 292 represents an opportunity to resolve the overlapping land
selections between the BSNC and the State, The bill would ratify the
Agreement between the BLM, the BSNC, and the State, and allow for
finalization of land conveyances in the Salmon Lake area. The lands
would be transferred in accordance with the terms of the signed
agreement.
As noted, the BLM supported the efforts between the BSNC and State,
and signed the agreement to recognize the desires of the entities. The
bill would also further the intent of the Alaska Land Transfer
Acceleration Act of 2004 (PL 108-452), expediting the transfer of title
to Federal lands to Native corporations and the State of Alaska.
Conclusion
Thank you for the opportunity to testify in support of S. 292. I am
happy to answer any questions.
s. 427
Thank you for the opportunity to testify on S. 427, the Sloan Hills
Withdrawal Act. S. 427 would withdraw approximately 800 acres of BLM-
administered public land in Clark County, Nevada, from all forms of
location, entry, and patent under the mining laws, and from disposition
under all laws pertaining to mineral and geothermal leasing or mineral
material sales, subject to valid existing rights. The BLM is presently
preparing an Environmental Impact Statement (EIS) for two proposed
competitive mineral material sales that would result in two open pit
limestone quarries in this area, as required by settlement agreements
between the BLM and two mining companies. Because the BLM is still in
the process of analyzing the proposed sales, we defer taking a position
on this legislation.
Background
The Sloan Hills area is located approximately 15 miles south of the
City of Las Vegas, and consists of approximately 800 acres of BLM-
administered public lands. The area is surrounded by public lands that
are within the Southern Nevada Public Land Management Act (SNPLMA)
boundary. The SNPLMA allows the BLM to sell land within this disposal
boundary and use a portion of the sale proceeds to acquire
environmentally sensitive lands elsewhere in Nevada. When Congress
expanded the SNPLMA disposal boundary in 2002 (through PL 107-282), the
Sloan Hills area was not included.
The Sloan Hills area has an extensive mineral development history.
Separate, but overlapping mining claims were filed on the site almost
30 years ago, with little development occurring until the early 1990s.
The two mining claimants in the area subleased their claims to CEMEX
(formerly Rinker Materials West, LLC) and Service Rock Products Corp.
(Service Rock). CEMEX subsequently filed a mining plan of operations.
When the BLM receives a plan of operations for materials that may be
common variety minerals and the mining claims were located on or after
July 23, 1955, mining operations may not begin until the bureau
completes a ``common variety determination'' to determine whether the
materials are locatable under the Mining Law of 1872 (43 CFR 3809.101).
Because the two mining claims overlapped, the BLM completed a
common variety determination in 2004 for both sets of claims. The BLM
concluded that the claimed materials (limestone and dolomite) were not
locatable under the Mining Law of 1872. As a result, the BLM contested
the mining claims. The contests were eventually settled, resulting in
the BLM agreeing to analyze two competitive mineral materials sales.
The settlement agreements do not restrict the BLM's discretion in
approving or denying the proposed sales and the sales must comply with
all applicable statutes and regulations (43 CFR 3600).
In 2007, the BLM initiated an EIS to analyze the impacts of the two
proposed competitive mineral materials sales. If approved, the projects
would consist of two open pit limestone quarries that would operate for
approximately 20 to 30 years, eventually merging into one open pit. The
BLM is finalizing the Draft EIS and upon its release will solicit
public comments on whether it should authorize the proposed sales. The
Draft EIS will address potential impacts to: air quality, noise, water
resources, and socio-economic conditions. The area surrounding Sloan
Hills (located within the SNPLMA disposal boundary) may be developed
for housing, commercial, and/or industrial uses during the lifetime of
the potential sales contracts. Since the EIS process began, the BLM has
received more than 800 letters and e-mails opposing or expressing
concern about mining the site.
s. 427
S. 427 would withdraw approximately 800 acres of BLM-administered
public land in Clark County, Nevada, from all forms of location, entry,
and patent under the mining laws, and of disposition under all laws
pertaining to mineral and geothermal leasing or mineral material sale
subject to valid existing rights.
A withdrawal from the mineral materials laws would prohibit the BLM
from selling mineral materials in the Sloan Hills area, and would
prohibit any future mineral use of the withdrawn lands, subject to
valid existing rights.
The BLM understands the concerns of Senator Reid, the Nevada
Congressional delegation, Clark County and the City of Henderson
regarding the proposed mineral materials sales, and the potential
operations and associated air quality and noise impacts that could
occur in close proximity to many neighborhoods. These and other issues
will be considered in the Draft EIS.
Conclusion
Thank you for the opportunity to testify. In accordance with the
terms of the settlement agreement, the BLM is in the process of
analyzing the proposed sales. Consequently, the BLM defers taking a
position on the legislation at this time. The Bureau will continue to
actively engage the public through an open and transparent EIS process
to analyze the potential environmental impacts of the proposed mineral
materials sales unless Congress chooses to legislate this withdrawal.
s. 526
Thank you for the opportunity to testify on S. 526, the Mohave
Valley Land Conveyance Act of 2011, which proposes to transfer 315
acres of public lands managed by the Bureau of Land Management (BLM) to
the Arizona Game and Fish Department (AGFD) for use as a public
shooting range. The BLM supports the goals of S. 526 but does not
support the legislation as currently drafted. BLM is working with local
governments and tribes to resolve land tenure issues. BLM's decision to
authorize the land transfer included important mitigation measures
which are not in the current legislation.
For the past ten years, the BLM has been working with the AGFD, the
Fort Mojave Indian Tribe, the Hualapai Tribe, and the public to find
appropriate lands for a public shooting range within the Mohave Valley
in Arizona. On February 10, 2010, the BLM made the decision to
authorize the transfer of BLM lands to the AGFD (through the Recreation
and Public Purposes Act of 1926, as amended, 43 U.S.C. 869 et seq.;
R&PP) for use as a public shooting range. The decision, which is
consistent with the goals of S. 526, provides a safe, designated
shooting environment for the public and includes stipulations designed
to respect the traditional beliefs of the Fort Mojave and Hualapai
Tribes. The BLM will continue working with interested parties as we
move forward with authorizing the shooting range.
Background
In 1999, the AGFD first submitted an application to the BLM for
development of a public shooting range on BLM-managed lands in Mohave
County, near Bullhead City in northwestern Arizona. As a result, the
BLM began working with the AGFD and other interested parties to assess
appropriate lands to transfer to the AGFD for the purposes of a
shooting range under the R&PP.
The BLM evaluated the AGFD's application through an environmental
assessment (EA) and considered numerous alternative locations
throughout the Mohave Valley. The evaluation process was conducted with
full public and tribal participation. There is an identified need for a
designated public shooting range in this region because of the lack of
a nearby facility, the amount of dispersed recreational shooting
occurring on public and private lands raising public safety concerns,
and the associated natural resource impacts from spent ammunition and
associated waste.
In 2002, the BLM began consultations with the Fort Mojave Indian
Tribe and the Hualapai Tribe. In 2003, the BLM initiated consultation
with the Arizona State Historic Preservation Officer (SHPO); and in
2006, the BLM initiated Section 106 consultation with the Advisory
Council on Historic Preservation (ACHP). These consultations, as
required by Section 106 of the National Historic Preservation Act and
other authorities, ensure Federal agencies consider the effects of
their actions on historic properties, and provide the ACHP and SHPO an
opportunity to comment on Federal projects prior to implementation.
In addition to the Section 106 consultation process, the BLM
initiated a year-long Alternative Dispute Resolution (ADR) process in
2004 to help identify issues, stakeholder perspectives, and additional
alternatives to meet the criteria for a safe and effective public
shooting range in the Mohave Valley. However, the ADR process failed to
reconcile differences between several consulting parties regarding a
proposed location.
In 2006, as part of continued Section 106 consultation with the
ACHP, the BLM initiated site visits by the concerned parties and also
continued efforts to identify alternative sites. Unfortunately, despite
these efforts, the BLM was unable to reach an agreement with the
consulted Tribes on any area within the Mohave Valley that the Tribes
would find acceptable for a shooting range. The Tribes maintained their
position that there is no place suitable within the Mohave Valley,
which encompasses approximately 140 square miles between Bullhead City,
Arizona, and Needles, California.
Through the EA process, the BLM identified the Boundary Cone Road
alternative to be the preferred location. Boundary Cone Butte, a highly
visible mountain on the eastern edge of the Mohave Valley, lies
approximately 3 miles east of the Boundary Cone Road site, and is of
cultural, religious, and traditional importance to both the Fort Mojave
Indian Tribe and the Hualapai Tribe. In an effort to address the
primary concerns expressed by the Tribes over visual and sound issues,
the BLM and AGFD developed a set of potential mitigation measures.
Again, there was a failure to agree between the consulting parties on
possible mitigation. In the end, the BLM formally terminated the
Section 106 process with the ACHP in September 2008. In November 2008,
ACHP provided their final comments in a letter from the Chairman of the
ACHP to then-Secretary of the Interior Kempthorne.
Although the Section 106 process was terminated, the BLM continued
government-to-government consultations with the Tribes. In May of 2009,
the BLM met with the Chairman of the Fort Mojave Indian Tribe, the
AGFD, and the Tri-State Shooting Club in a renewed effort to find a
solution. On February 3, 2010, after continued efforts to reach a
mutually agreeable solution, the BLM presented the decision to approve
the shooting range to the Fort Mojave Indian Tribe and the AGFD. The
final decision included mitigation measures to address the concerns of
the Tribes such as reducing the amount of actual ground disturbance;
reducing noise levels with berm construction; monitoring and annual
reporting on noise levels; and fencing to avoid culturally sensitive
areas. The Secretary has the authority to take action to revest title
to the land covered by the proposed R&PP patent if the AGFD fails to
comply with mitigation measures. The final decision to amend the
Kingman Resource Management Plan and dispose of the lands through the
R&PP was signed on February 10, 2010.
The BLM decision was appealed to the Interior Board of Land Appeals
(IBLA) on February 23, 2010, by a private landowner near the proposed
shooting range; and on March 15, 2010, a joint appeal by the Fort
Mojave Indian Tribe and Hualapai Tribe was filed. The IBLA dismissed
the appeal of the private landowner on July 29, 2010. The IBLA issued a
stay of the BLM decision on April 15, 2010, at the request of the
Tribes. A final decision by the IBLA on the Tribes' appeal was issued
on December 7, 2010 (180 IBLA 158). The IBLA affirmed the BLM's
decisions and determined that the BLM had taken a ``hard look'' at the
impacts of conveying public lands to the AGFD for a shooting range. The
IBLA decision stated that the EA had an appropriate range of
alternatives and the environmental consequences were insignificant or
if significant could be reduced or eliminated by mitigation. The IBLA
also confirmed that the BLM complied with National Historic
Preservation Act obligations. This decision allows the BLM to move
forward in conveying the public lands to the AGFD.
On December 21, 2010, the BLM informed the AGFD of the next steps
for processing the administrative action of conveying the land for the
shooting range. The AGFD is required to: (1) purchase the mineral
estate or obtain a non-development agreement for the Santa Fe Railroad
mineral estate (390 acres) under the disposal and buffer lands; (2)
provide a detailed Plan of Development (Plan) that addresses the
mitigation measures found in the BLM's Decision Record; (3) develop a
Cooperative Management Agreement with the BLM for the 470-acre buffer
area; and (4) provide the funds ($3,150) for purchase of the property.
It is the BLM's understanding that the AGFD is negotiating a purchase
agreement to acquire the mineral estate. The AGFD also submitted a
draft Plan and is currently revising the Plan to address the additional
guidance provided by the BLM, including the request to incorporate the
Cooperative Management Agreement into the Plan.
s. 526
S. 526 provides for the conveyance to the AGFD of all right, title,
and interest to the approximately 315 acres of BLM-managed public lands
as identified in the final decision signed by the BLM on February 10,
2010, to be used as a public shooting range. Furthermore, the
legislation makes a determination that the February 10, 2010, Record of
Decision is ``final and determined to be legally sufficient'' and ``not
be subject to judicial review . . .'' The bill also provides that the
lands must be used for purposes consistent with the R&PP Act and
provides for an appropriate reversionary clause.
As a matter of policy, the BLM supports working with local
governments, tribes, and other stakeholders to resolve land tenure
issues that advance worthwhile public policy objectives. The BLM
acknowledges the lands proposed for development as a shooting range are
of cultural, religious, and traditional significance to the Tribes
which is why we support important mitigation measures. The bill as
drafted does not include such mitigation measures. In general, the BLM
supports the goals of the proposed conveyance, as it is similar to the
transfer the BLM has been addressing through its administrative process
for the last ten years. As noted, a decision has been made through the
BLM administrative process and the IBLA affirmed the BLM decision,
thereby dismissing the Tribes appeal that the BLM did not comply with
various environmental laws. Under the provisions of S. 526, judicial
review would be prohibited. The BLM will continue working to complete
the conveyance of the lands to the AGFD for a shooting range.
If the Congress chooses to legislate this conveyance, the BLM would
recommend some improvements to the bill, including changes to section
4(b), the incorporation of mitigation measures to address Tribal
concerns, protection of valid existing rights, and an appropriate map
reference.
Conclusion
Thank you for the opportunity to testify. Resolution of this
conveyance in a manner that is acceptable to all parties has been an
important goal of the BLM as evidenced by more than ten years of
negotiations and review. The BLM is confident the issued decision
addresses the concerns of the interested parties, while providing
critical recreational opportunities and benefits to the public.
s. 566
Mr. Chairman and Members of the Subcommittee, thank you for this
opportunity to provide the Department of the Interior's views on S.
566, ``to provide for the establishment of the National Volcano Early
Warning and Monitoring System.'' This opportunity arises on the 31st
anniversary of the eruption of Mount St. Helens, which claimed 57 lives
and destroyed more than 200 square miles of forest, much of it on
public lands. The Department strongly supports the goals of the bill to
enhance volcano monitoring and eruption response in the United States
and would like to thank the Committee for its work. We note, however,
that the activities called for in this bill are within the scope of
existing Department of the Interior authorities, and already underway
at the U.S. Geological Survey.
The USGS operates a system of five volcano observatories for the
purpose of reducing loss of life and property and minimizing social and
economic disruptions during volcanic eruptions and their often
protracted precursory phases. The USGS does this under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (P.L. 93-288,
popularly known as the Stafford Act) as the lead Federal agency with
responsibility to provide notification for earthquakes, volcanic
eruptions, and landslides to enhance public safety and to minimize
economic losses through timely forecasts and warnings based on the best
possible scientific information.
U.S. Volcanic Hazards and USGS Capabilities
The United States ranks as one of the top countries in the world in
the number of active and potentially active volcanoes. Over the past
three decades, 30 U.S. volcanoes have erupted on nearly 100 occasions,
and an additional dozen volcanoes have exhibited periods of anomalous
activity, unrest, that initially were worrisome but ultimately did not
culminate in eruptions. In many respects, the country has been
fortunate, because only the Mount St. Helens eruption of 1980 was large
enough and close enough to communities to cause significant losses of
life and property. Major eruptions would seem more common if the
written history of our volcanic areas were not so short. The challenge
is to be fully prepared for the next major event, wherever it may
occur, as well as the smaller but much more common events that exact a
continuing cost on human activities. We are not now fully prepared, a
challenge that S.566 would help us to overcome.
Volcanoes produce many kinds of destructive phenomena. Communities
near Mount St. Helens in Washington were exposed to powerful explosions
and mud flows. Substantial populations live on geologically recent mud
flows from Mount Hood, Oregon and Mount Rainier, Washington. In Hawaii,
Kilauea volcano has sent lava flows into residential communities.
Noxious gas emissions have damaged agriculture and required closure of
large areas of public lands downwind of the volcano. Critical highway
arteries and major resort areas are located on and near massive young
lava flows from Mauna Loa volcano. Ash eruptions of the type expected
from California, Oregon, Washington and Alaska volcanoes will endanger
aircraft and, if fallout is heavy, interfere with transportation, power
generation, and water supply on the ground.
Although many U.S. volcanoes are located on sparsely populated
Federal lands, the threat to communities and infrastructure downstream
and to aviation downwind nevertheless drives the need to properly
monitor volcanic activity and provide forecasts and notifications of
expected hazards. The most recent example of a remote volcano
inflicting economic damage is the 2009 eruption of Mt. Redoubt, Alaska
that disrupted civilian and military aviation operations with ash for
more than a week and inundated an oil loading terminal with mud flows,
thereby requiring suspension of oil and gas production in Cook Inlet.
Without proper monitoring by the Alaska Volcano Observatory,
interruption of air travel would have been greater and loss of life at
the oil terminal might have occurred.
Hazardous volcanic activity will continue to happen, and the
ongoing exposure of human life and enterprise will continue to be a
primary consideration driving USGS volcano monitoring efforts.
Fortunately, volcanoes exhibit precursory unrest that if detected and
analyzed quickly allows eruptions to be anticipated and communities at
risk to be forewarned with sufficient time to implement response plans
and mitigation measures. Careful monitoring of volcanoes, timely and
credible eruption warnings delivered following pre-established
protocols, and strong cooperation among federal agencies and the
aviation industry have thus far prevented the kind of aviation crisis
that gripped Europe in April 2010 during the eruption of
Eyjafjallajokull in Iceland and resulted in global aviation sector
losses of $2.6 billion with 7 million passengers affected.
Monitoring volcanic activity in the United States is the
responsibility of the USGS Volcano Hazards Program and is accomplished
by the Alaska Volcano Observatory, Cascades Volcano Observatory,
Yellowstone Volcano Observatory, Long Valley Observatory, and Hawaiian
Volcanoes Observatory. To make maximum use of the Nation's scientific
resources, the USGS operates the observatories with the help of
universities and Federal and State agencies, through formal
partnerships. With the exception of the Hawaiian Volcanoes Observatory,
which was founded in 1912, U.S. volcano observatories have been
established in response to specific eruptions or sustained levels of
unrest. For example, the Cascades Volcano Observatory in Washington
State was established in 1981, following the catastrophic awakening of
Mount St. Helens in 1980, and continues to assess and monitor volcanic
hazards in the Pacific Northwest. The Alaska Volcano Observatory was
established in 1988 following an eruption of Augustine Volcano in Cook
Inlet, just in time to deal with the eruption of Redoubt Volcano in
1989-1990.
The USGS Volcano Hazards Program also maintains an international
rapid-response team under the Volcano Disaster Assistance Program
(VDAP), co-funded by the U.S. Office of Foreign Disaster Assistance
within the U.S. Agency for International Development (USAID). This team
responds to emergencies worldwide when called upon by the U.S.
Department of State and also works to build volcano observatory
infrastructure in other countries that are subject to volcanic
disasters. Through VDAP, the USGS gains experience with a broad
spectrum of volcano behavior and participates in disaster response and
mitigation activities in a variety of physical and cultural settings,
all of which inform and improve our domestic volcano-response
capabilities. The USGS plan for future improvement of monitoring and
hazard communication depends heavily on this international experience.
The USGS works closely with other Federal agencies that contribute
to volcano monitoring. Geophysical instrumentation funded by the
National Science Foundation as part of the EarthScope Program has
supplemented USGS networks at volcanoes, and in turn NSF-supported
infrastructure now makes USGS volcano monitoring data more readily
available to the scientific community. Satellites operated by the
National Oceanic and Atmospheric Administration (NOAA) provide
important global remote-sensing data that can reveal volcanic hot
spots, ash clouds, and gas clouds and are used by the volcano
observatories to complement ground-based networks. (Only ground-based
networks can provide forecasting capability.) The USGS also works
closely with NOAA's Volcanic Ash Advisory Centers in Washington DC and
in Anchorage, Alaska, which track the dispersion of volcanic-ash clouds
hazardous to aircraft and disseminate advisories to the Federal
Aviation Administration and commercial and military aircraft. The
Smithsonian Institution's Global Volcanism Program, with which the USGS
has been a longtime collaborator, supports volcano monitoring
activities by maintaining a comprehensive database on the eruptive
histories of volcanoes throughout the world, providing data that are
critical to forecasting the likely future activity of restless
volcanoes.
Rationale for a National Volcano Early Warning and Monitoring System
We have learned from hard experience that waiting to deploy a
robust monitoring effort until a hazardous volcano awakens forces
scientists, civil authorities, businesses, and citizens to play ``catch
up'' with the volcano, trying to get instruments and civil-defense
measures in place before the situation worsens. Precious time and data
are lost in the days or weeks it can take to deploy a response to a
reawakening volcano--time and data that the public needs to prepare for
the hazards they may confront. The race to install instruments on Mount
St. Helens under the difficult and dangerous late winter conditions of
March and April 1980 remains a good example.
Volcanoes do not need to erupt to cause problems. Changes in a
volcano's behavior that are noted by the local population--such as
increased smell of sulfur gases, steaming at the summit, or felt
earthquakes--may cause an over-reaction, especially if fueled by rumors
of an imminent eruption. This over-reaction may extend beyond the
average citizen to businesses and government agencies. Without proper
instrumentation installed on a volcano, it is difficult to ascertain
whether activity is within the range of normal background behavior and
thus of little concern or is precursory to a significant eruption. In
contrast, a well-instrumented volcano monitored by a local observatory
coupled with an active program of community outreach can quickly
replace rumors and speculation with sound scientific interpretation of
the activity, thereby avoiding the social and economic disruption that
an evacuation would produce. It follows therefore that all volcanoes
capable of erupting should have in place a level of monitoring networks
commensurate with the threat they pose to society.
In 2005 the USGS published ``An Assessment of Volcanic Threat and
Monitoring Capabilities in the United States: Framework for a National
Volcano Early Warning System, NVEWS'' (http://pubs.usgs.gov/of/2005/
1164/). The report is a comprehensive survey of installed
instrumentation on the Nation's volcanoes together with a rigorous
ranking of volcanoes by threats posed to people and assets. This made
possible a ``gap'' analysis, defining the deficit in needed monitoring
as measured by threat potential, including the threat to aviation from
remote Alaskan and Marianas volcanoes, and existing monitoring.
The 2005 threat and instrumentation assessment found that only
about half of the hazardous volcanoes in the U.S. have even basic
(several seismic stations) monitoring networks. The gap analysis
provided the basis for prioritizing volcanoes where monitoring should
be upgraded. The report also recommended a number of other steps beyond
instrumentation improvements, including easier access to monitoring
data, formal continuous 24/7 vigilance--not just during crises,
improved hazard-information products for decision-makers and the
public, enhanced collaboration between USGS and external researchers,
and innovative outreach to help communities develop risk-wise
practices. These elements form the comprehensive NVEWS framework, which
has been adopted as the USGS approach for the future of volcano hazards
reduction in ``Facing Tomorrow's Challenges--U.S. Geological Survey
Science in the Decade 2007-2017'' (USGS Circular 1309).
After publication of the initial report in 2005, the USGS began to
implement solutions to the most important issues identified in the
recommendations. The $15.2 million in funding available for NVEWS under
the American Recovery and Reinvestment Act (ARRA) was used to modernize
existing monitoring equipment at Kilauea and Mauna Loa volcanoes in
Hawaii, at Anatahan and Sarigan volcanoes in the Northern Mariana
Islands, at Yellowstone Caldera in Wyoming, and at Spurr, Redoubt, and
Augustine volcanoes of Cook Inlet, Alaska; the software and
communication systems used to transmit data from monitoring networks
also required modernization, especially in the Cascade Range of
Washington, Oregon, and California. Additionally, ARRA funds were used
to produce high-resolution topographic maps (LiDAR) of volcanic areas
in the Pacific Northwest that will greatly aid in development of
volcanic risk mitigation plans by local communities. Grants to
universities have improved our understanding of the inner workings of
Alaska volcanoes and documented impacts from recent eruptions.
S.566 would authorize $15 million/year in additional funding to
continue implementation of the NVEWS plan as the National Volcano Early
Warning and Monitoring System (NVEWMS).
Elements of the National Volcano Early Warning System (NVEWS) and
National Volcano Early Warning and Monitoring System (NVEWMS)
1. Improved monitoring infrastructure.--targeting the
volcanoes that are significantly under-monitored for the
threats posed. This will be done principally in Alaska, Hawaii,
the Commonwealth of the Northern Mariana Islands, California,
Washington, Oregon, and Wyoming. In addition to installation of
new networks and telemetry, out-dated patchwork monitoring
systems will be modernized. The goal is to detect the rise of
magma and assess the size of an impending eruption as early as
possible.
2. Measures for reduced community vulnerability.--supporting
communities in developing plans for mitigating volcanic risk.
As with earthquakes, a key to risk mitigation is preparation.
This means working with state and local partners to define
high-risk areas and community vulnerabilities, creating new
hazard-information tools and products, and continuing to build
broad-based hazard awareness.
3. An external grants program.--to engage the Nation's
broader scientific and natural hazards community in advancing
volcano monitoring science and technology and the societal
aspects of volcanic risk mitigation. Volcanology is advancing
rapidly both through growing understanding of volcanic
processes and through advances in technology that make possible
new kinds of observations. Many advances in understanding
volcanic processes and advancing relevant technologies have
occurred through the National Science Foundation's research
programs and through the efforts of USGS scientists. There is a
need, however, to broadly engage the Nation's scientific
community in rapid application of these developments to volcano
risk mitigation. This would be accomplished through a
competitive, peer-reviewed grants process to support
investigations complementary to but not duplicative of NSF-
supported research.
4. Interoperability among U.S. volcano observatories in order
to:
A) Provide full 24/7 Watch Operations as a backup for
routine observatory monitoring and to provide
situational awareness for partner federal agencies,
including FAA, NOAA, DHS/FEMA, and DOD, as well as
state and local agencies.
B) Establish a National Volcano Data Portal as a
gateway for access to U.S. volcano data. The free
exchange of data with the broader scientific community
and availability to the public is fundamental to
scientific advancement, risk mitigation, and government
transparency. Within the USGS observatories, rapid
access to historical volcano data system-wide, and
eventually globally, informs eruption response.
The USGS will not carry out NVEWMS by itself but will build on its
long record of successfully partnering with diverse groups that have
expertise and data to share in the mission of helping people co-exist
with dangerous volcanoes. Our partners range from the international
under the aegis of the International Civilian Aviation Organization,
UNESCO, and GEO to national levels, including the U.S. Agency for
International Development, the Air Force Weather Agency, NOAA, and the
Federal Aviation Administration, to the regional and local scale with
neighboring universities and state agencies that are part of the
structure of the volcano observatories.
Key Outcomes of NVEWMS implementation
The key outcome of NVEWMS will be to strengthen the scientific
contribution to volcano risk mitigation decisions. Comprehensive
monitoring of the Nation's most hazardous volcanoes, coupled with
greater understanding of volcanic processes, will improve forecasts of
the onset, intensity, duration, and effects of expected hazards. New
hazard-information products and dissemination methods will be developed
by close collaboration between scientists and users. Timely and
accurate warnings to en-route aircraft will help prevent dangerous
encounters with volcanic ash while minimizing costly unnecessary
rerouting of aircraft.
Thus, civil authorities, businesses, and individuals at risk will
have more time and better information to prepare, ensuring that their
ability to respond will not lag behind the evolving behavior of a
volcano. Volcanic unrest does not always culminate in eruption, and
long-term volcano monitoring will provide sound, ongoing, scientific
information throughout episodes of unrest so that problems related to
over-reacting or under-reacting will be minimized.
More than a network of instruments, NVEWMS will connect the
monitoring and research results of scientists to the needs of decision-
makers at the national to local level, so that the impact of volcanic
activity on the Nation is minimized
Conclusion
The USGS appreciates the Committee's support for NVEWMS, which will
strengthen our Nation's ability to respond successfully to future
volcanic activity. We note that the activities called for in S. 566 are
authorized by existing authorities and are already underway at the
USGS. Any work conducted to fulfill the objectives of the bill would
need to compete for funding with other Administration priorities.
Thank you for the opportunity to present the Department's views on
the National Volcano Early Warning and Monitoring Program Act.
s. 590
Mr. Chairman and members of the Committee, the Department of the
Interior is pleased to provide this statement for the record in support
of enactment of legislation that would convey the three geographical
miles of submerged lands adjacent to the Northern Mariana Islands to
the Government of the Northern Mariana Islands. The Administration
would strongly support this bill if amended to address the issues
outlined below
The bill is intended to give the Commonwealth of the Northern
Mariana Islands (CNMI) authority over its submerged lands from mean
high tide seaward to three geographical miles distant from its coast
lines.
It has been the position of the Federal Government that United
States submerged lands around the Northern Mariana Islands did not
transfer to the CNMI when the Covenant came into force. This position
was validated in Ninth Circuit Court of Appeals opinion in the case of
the Commonwealth of the Northern Mariana Islands v. the United States
of America. One consequence of this decision is that CNMI law
enforcement personnel lack jurisdiction in the territorial waters
surrounding the islands of the CNMI without a grant from the Federal
Government.
At present, the CNMI is the only United States territory that does
not have title to the submerged lands in that portion of the United
States territorial sea that is three miles distant from the coastlines
of the CNMI's islands. It is appropriate that the CNMI be given the
same authority as her sister territories.
The Department has three comments on the bill, and then a
recommendation. First, the Territorial Submerged Lands Act, which
became public law in 1974, contains several sections that refer to the
territories by name. S. 590 inserts the CNMI's name only in section 1,
but not in section 2, which reserves military rights and navigational
servitudes. In order to achieve consistency, the Department recommends
that the CNMI be included in all provisions of the Territorial
Submerged Lands Act where other territories are named.
Second, S. 590 includes language interpreting ``date of enactment''
in the original act as meaning ``date of enactment'' of S. 590 when
referencing the provisions of S. 590. For those who will later
interpret the statute, it would be helpful if the interpretation is
included in the main statute itself, rather than being relegated to a
separately listed amendment or reference note.
Third, on January 6, 2009, by presidential proclamation, the
Marianas Trench Marine National Monument was created, including the
Islands Unit, comprising the submerged lands and waters surrounding
Uracas, Maug, and Asuncion, the northernmost islands of the CNMI. While
creation of the monument is a historic achievement, it should be
remembered that the leaders and people of the CNMI were and are these
three islands' first preservationists. They included in their 1978,
plebiscite-approved constitution the following language:
ARTICLE XIV: NATURAL RESOURCES
Section 1: Marine Resources. The marine resources in
the waters off the coast of the Commonwealth over which
the Commonwealth now or hereafter may have any
jurisdiction under United States law shall be managed,
controlled, protected and preserved by the legislature
for the benefit of the people.
Section 2: Uninhabited Islands. . . . The islands of
Maug, Uracas, Asuncion, Guguan and other islands
specified by law shall be maintained as uninhabited
places and used only for the preservation and
protection of natural resources, including but not
limited to bird, wildlife and plant species.
It is important to note that the legislature has never taken action
adverse to the preservation of these northern islands and the waters
surrounding them. The people of the CNMI are well aware of their
treasures. CNMI leaders consented to creation of the monument because
they believed that the monument would bring Federal assets for marine
surveillance, protection, and enforcement to the northern islands that
the CNMI cannot afford.
If enacted as introduced, S. 590 would become a public law enacted
subsequent to the creation of the monument. S. 590's amendments to the
Territorial Submerged Lands Act would convey to the CNMI the submerged
lands surrounding Uracas, Maug, and Asuncion without addressing the
effect of this conveyance on the administrative responsibilities of the
Department of the Interior and the Department of Commerce. Presidential
Proclamation 8335 assigned management responsibility of the Marianas
Trench Marine National Monument to the Secretary of the Interior, in
consultation with the Secretary of Commerce. The proclamation further
states that the ``Secretary of Commerce shall have the primary
management responsibility. . .with respect to fishery-related
activities regulated pursuant to the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. Sec. Sec. 1801 et seq.) and
any other applicable authorities.'' The proclamation provides that
submerged lands that are granted to the CNMI ``but remain controlled by
the United States under the Antiquities Act may remain part of the
monument'' for coordinated management with the CNMI. As envisioned by
the Presidential Proclamation establishing the Marianas Trench Marine
National Monument, the Department of the Interior is proposing an
amendment to ensure that the outstanding resources in the waters
surrounding the CNMI's three northernmost islands remain protected.
Thus, the Department recommends that language be included in S. 590
referencing the coordination of management contemplated within the
Proclamation prior to the transfer of the submerged lands within the
Islands Unit of the monument to the CNMI. This language is intended to
protect the Islands Unit of the monument and at the same time
acknowledge the prescient and historic conservation effort of the
leaders and people of the CNMI in protecting Uracas, Maug, and
Asuncion, and their surrounding waters.
Appended to this statement is legislative language that would (1)
address the submerged lands surrounding the Northern Mariana Islands to
the Government of the Northern Mariana Islands, and (2) clearly address
the three issues of concern to the Department. The Department of the
Interior strongly supports S. 590 if it is amended to include the
legislative language provided. The Department of the Interior looks
forward to the Commonwealth of the Northern Mariana Islands gaining
rights in the submerged lands surrounding them similar to those
accorded her sister territories.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that Public Law 93-435
(48 U.S.C. 1705) is amended:
(a) by inserting the words `the Commonwealth of the Northern
Mariana Islands,' after the word `Guam,' wherever it appears,
and
(b) by striking ``and'' before ``(xi)'' and inserting the
following after ``1961.'' at the end of Section 1(b):
`(xii) any submerged lands within the Islands Unit of the
Marianas Trench Marine National Monument unless or until such
time as the Commonwealth of the Northern Mariana Islands enters
into an agreement with the Secretary of the Interior and the
Secretary of Commerce for the permanent protection and co-
management of such portion of the Islands Unit.'; and
(c) by adding at the end of Section 6 the following section:
`Sec. 7. All provisions of this Act that refer to ``date of
enactment'', shall, when applicable to the Commonwealth of the
Northern Mariana Islands, mean the date of enactment of the
amendment that included the Commonwealth of the Northern
Mariana Islands in this Act.
s. 607
Thank you for inviting the Department of the Interior to testify on
S. 607, the Cathedral Rock and Horse Heaven Wilderness Act. The
Department generally supports S. 607, which would bring into Federal
ownership certain lands along the John Day River in Oregon, and seeks
to eventually designate those lands and adjacent public lands as
wilderness. We appreciate the improvements made to this legislation
since last Congress, and would like the opportunity to continue to work
with Senator Wyden and the Committee on S. 607. We defer to the U.S.
Department of Agriculture on those provisions of S. 607 involving the
exchange of lands managed by the Forest Service.
Background
Congress recognized the rugged beauty of the John Day River in
central Oregon by designating it as a wild and scenic river in 1988
(Public Law 100-557). Last year, the Bureau of Land Management (BLM)
built on the success of that designation when President Barack Obama
signed into law Public Law 111-11, the Omnibus Public Land Management
Act of 2009. Title I, Subtitle J, of that Act provided for a series of
land exchanges and the designation of the Spring Basin Wilderness in
Wheeler County, along the east bank of the middle reaches of the John
Day River.
Along the western bank of the John Day Wild and Scenic River, just
to the south of Spring Basin Wilderness, are some equally outstanding
lands proposed to become the Cathedral Rock Wilderness. The lands
planned for designation range from the cliffs and canyons along the
river heading westerly to steep rolling hills punctuated by rocky
escarpments. Wagner Mountain is located in the center of the proposed
wilderness and is the highest point in the area. The geology is
dominated by ancient volcanics, composed of andesite flows, plugs, and
domes. The entire area is covered in rhyolite ash-flows which produce
dramatic red, white, and buff colored soils. Hunters and hikers alike
enjoy the breathtaking scenery as well as the resident mule deer and
elk populations, while rafters brave the John Day's rapids. Cultural
sites showcase prehistoric fossils, stone tools, and rock art.
Four miles to the southwest of the Cathedral Rock region is the
proposed Horse Heaven Wilderness. The name reflects Oregon's pioneer
past when the flawless grasslands of the areas were a closely guarded
secret. Today that secret is out and a wide range of recreationists
enjoy the area's many opportunities. At more than 4,000 feet, Horse
Heaven Mountain serves as a worthy centerpiece to a diverse landscape
illustrating Oregon's high and low countries. Traveling south, rolling
plains and steep terrain dominate the area; to the west, Muddy Creek is
the area's lone perennial stream. Prairie steppes throughout connect
hearty shrubs and woodlands that demonstrate steadfast resolve to
thrive in the rocky soil.
s. 607
S. 607 provides for the exchange of lands between three private
parties and the Federal government which would allow the consolidation
of fragmented land patterns, the designation of two new potential
wilderness areas, and a process for those areas becoming designated
wilderness and components of the National Wilderness Preservation
System. Should the land exchanges be completed, the additional land
would greatly enhance the wilderness quality and manageability of the
two areas proposed for wilderness.
Section 3 of the bill outlines a series of land exchanges with
three private parties. Under section 206 of the Federal Land Policy and
Management Act (FLPMA), the BLM has the authority to undertake land
exchanges that are in the public interest. Exchanges allow the BLM to
acquire environmentally-sensitive lands while transferring public lands
into private ownership for local needs and the consolidation of
scattered tracts. In principle, the BLM supports the land exchanges
envisioned by S.607; however, we would like the opportunity to continue
to work with the sponsor and the Committee to address concerns
specifically in the areas of public access and the protection of
cultural resources.
The lands proposed for exchange out of Federal ownership are
largely scattered sections of public land intermingled with private
land. The BLM in Oregon is continuing to assess these lands for their
cultural resources and the need for possible mitigation. Many of these
lands are significant to local tribes and we encourage continuing
efforts to resolve the issues raised by the tribes.
The bill requires that the exchanges be consistent with FLPMA,
including the requirement that the Secretary determined that the public
interest would be served by completing the exchange (section 3(b)). We
believe that this provides the BLM latitude to withdraw specific lands
from the exchange if any serious impediments are discovered.
Furthermore, the legislation provides that the Secretary may add such
additional terms and condition as appropriate (section 3(c)(5)). We
believe this would allow the BLM to require that all non-Federal
parties are responsible for addressing any human safety concerns or the
remediation of hazardous materials on the lands to be exchanged out of
present ownership. Finally, the BLM supports the provisions of the bill
requiring that all three exchanges be equal value exchanges, and that
the appraisals be undertaken consistent with Uniform Appraisal
Standards.
Section 4 of S. 607 proposes to designate two potential wilderness
areas, the ``Proposed Cathedral Rock Wilderness'' and the ``Proposed
Horse Heaven Wilderness'' on the lands that would be consolidated under
the land exchanges envisioned by section 3 of the bill. When those land
exchanges are completed, the Cathedral Rock Wilderness would include
over 8,300 acres of public land and the Horse Heaven Wilderness 9,000
acres. The legislation provides a process in section 4(b) for
converting the ``proposed'' wilderness areas into designated wilderness
following adequate acquisitions of the now private lands. The BLM could
manage these areas as wilderness following the exchanges. However,
absent the largest exchange envisioned under S. 607, these areas would
be impracticable for the BLM to manage as wilderness. That proposed
exchange with the local landowner, ``Young Life,'' involves the core of
both the proposed Cathedral Rock and Horse Heaven wilderness areas.
The current land patterns of both the ``Proposed Cathedral Rock
Wilderness'' and ``Proposed Horse Heaven Wilderness'' are highly
fragmented. The BLM manages approximately 4,500 acres in seven non-
contiguous parcels within the Cathedral Rock area and less than 3,000
acres in two separate parcels within Horse Heaven. The land exchanges
are, of course, optional for the three private parties. If, in the end,
the largest private land owner decided not to pursue the exchange,
managing the areas as wilderness would not be practical given the
fragmented nature of the BLM landholdings in these two areas. The BLM
supports the provisions for interim management of the ``proposed''
areas and the methodology for final designation if sufficient land
exchanges are consummated. We would like to continue to work with the
sponsor and the Committee on issues concerning sufficient public access
to the proposed wilderness areas.
Finally, section 3(g) of S. 607 would transfer the administrative
jurisdiction of approximately 750 acres of BLM-managed lands to the
Forest Service. The BLM supports this transfer of lands which will
improve manageability.
Conclusion
The proposed Cathedral Rock and Horse Heaven Wilderness areas could
be outstanding additions to the National Wilderness Preservation System
if the critical exchanges envisioned by the legislation are completed.
We look forward to working with Senator Wyden and the Committee toward
that end.
s. 617
Thank you for the opportunity to testify on S. 617, the Elko
Motocross and Tribal Conveyance Act. S. 617 would convey, without
consideration, approximately 275 acres of land managed by the Bureau of
Land Management (BLM) to the County of Elko, Nevada. The legislation
also directs that approximately 373 additional acres of BLM-managed
lands be taken into trust for the Te-Moak Tribe of Western Shoshone
Indians of Nevada. The BLM supports the conveyances. We would like to
work with the sponsor and the Committee on minor technical amendments
to the bill.
Background
The Elko Motocross and Tribal Conveyance Act represents years of
cooperative efforts between the Te-Moak Tribe of Western Shoshone
Indians of Nevada (Tribe), the City of Elko (city), the County of Elko
(county), and the BLM. Both the county and the Tribe have had on-going
discussions with the BLM about various lands near the city.
The Recreation and Public Purposes Act (R&PP) Act authorizes the
Secretary of the Interior to lease or convey public lands for
recreational and public purposes, including campgrounds, municipal
buildings, hospitals, and other facilities benefitting the public, and
this administrative authority could be utilized for the Elko
conveyance. The county submitted an R&PP application to the BLM in 2005
for approximately 266 acres. The county intended to use the land for a
motocross/off-highway vehicle training and recreation area for the
public. This parcel is largely vacant, but contains a number of rights-
of-way, including a road and a gas pipeline. The BLM Elko Resource
Management Plan (RMP) identified this parcel as available for disposal
in support of community expansion.
The land for which the Tribe seeks trust status is adjacent to an
existing parcel of the Elko Colony. The Elko Colony, approximately 190
non-contiguous acres adjacent to the city, is one of four separate
colonies inhabited by the Te-Moak Tribe of Western Shoshone Indians.
The population of the Elko Band of the Te-Moak Tribe has grown
steadily, but because their land base has remained unchanged for many
years additional land is needed for housing and community development.
This parcel is also largely vacant, but contains two rights-of-way held
by the city for water pipelines and storage, and one right of way for a
future city road. The BLM Elko RMP also identifies this parcel as
available for disposal in support of community expansion.
s. 617
S. 617 proposes to convey approximately 275 acres of BLM-managed
lands to the county at no cost for a public motocross park. The
conveyance would be subject to valid existing rights. The bill requires
that the land be used only for purposes consistent with the R&PP Act
and includes a reversionary clause to enforce that requirement.
Finally, the bill requires the county to pay all administrative costs
associated with the transfer.
The bill also directs that approximately 373 acres of land
currently administered by the BLM be taken into trust for the Tribe. S.
617 also addresses valid existing rights and gaming.
As a matter of policy, the BLM supports working with local
governments to resolve land tenure issues that advance worthwhile
public policy objectives. In general, the BLM supports conveyances if
the lands are to be used for purposes consistent with the R&PP Act and
include a reversionary clause at the discretion of the Secretary to
enforce that requirement. The BLM strongly believes that open
communication between the BLM and tribes is essential in maintaining
effective government-to-government relationships. In this spirit, the
BLM has had a cooperative working relationship with the Te-Moak Tribe
of Western Shoshone Indians of Nevada on this requested conveyance. As
such, the BLM supports S. 617 with minor technical amendments. To avoid
constitutional concerns, the Department of Justice recommends that the
bill be revised to make absolutely clear that the city or county would
have to agree to the proposed conveyance, which is what we understand
Congress intends. This change might be accomplished by adding ``and
subject to the city's or county's agreement'' after ``without
reimbursement'' in section 3(a) of the bill.
Conclusion
Thank you for the opportunity to testify. We look forward to
continuing to work with the bill's sponsor and Committee on this
important legislation.
s. 667
Thank you for the opportunity to testify on S. 667, the Rio Grande
Del Norte National Conservation Area Establishment Act. The Department
of the Interior supports S. 667, which designates the nearly 236,000-
acre Rio Grande Del Norte National Conservation Area (NCA) in northern
New Mexico as well as two wilderness areas within the NCA.
Background
The proposed Rio Grande del Norte NCA lies north of Taos on the
border with Colorado and straddles Taos and Rio Arriba Counties. The
area includes the Cerro de la Olla, Cerro San Antonio and Cerro del
Yuta volcanic cones jutting up from the surrounding valley--reminders
of the area's turbulent geologic past. Between these mountains is the
Rio Grande Wild & Scenic River gorge, carving through the landscape and
revealing the basalt rock beneath the surface.
The human history of the landscape is as diverse as its features.
Early prehistoric sites attest to the importance of this area for
hunting and as a sacred site. Today the area is home to members of the
Taos Pueblo, as well as descendents of both Hispanic and American
settlers. Wildlife species--including bighorn sheep, deer, elk and
antelope--bring both hunters and wildlife watchers, while the Rio
Grande and its tributaries provide blue ribbon trout fishing and other
river recreation. Above it all soar the golden and bald eagles, prairie
falcons, and other raptors.
s. 667
S. 667 designates nearly 236,000 acres of land administered by the
Bureau of Land Management (BLM) as the Rio Grande del Norte NCA. Each
of the NCAs designated by Congress and managed by the BLM is unique.
For the most part, however, they have certain critical elements, which
include withdrawal from the public land, mining and mineral leasing
laws; off-highway vehicle use limitations; and language that charges
the Secretary of the Interior with allowing only those uses that
further the purposes for which the NCA is established. Furthermore, NCA
designations should not diminish the protections that currently apply
to the lands. Section 3 of the bill honors these principles, and we
support the NCA's designation.
Section 4 of the S. 667 designates two wilderness areas on BLM-
managed lands within the NCA--the proposed 13,420-acre Cerro del Yuta
Wilderness and the 8,000-acre Rio San Antonio Wilderness. Both of these
areas meet the definitions of wilderness. They are largely untouched by
humans, have outstanding opportunities for solitude and contain
important geological, biological and scientific features--criteria
outlined in the Wilderness Act of 1964. We support both of these
wilderness designations as well.
Conclusion
Senator Bingaman's bill is the product of many years of discussions
and collaboration with the local community, stakeholders, and other
interested parties. It protects both the valuable resources of the area
and the way of life in this unique area of northern New Mexico.
Thank you for the opportunity to testify in support of S. 667.
s. 729
Thank you for the opportunity to testify on H.R. 729, a bill which
affirms a land patent and an associated land reconfiguration completed
in 2005. These land transactions protect habitat for desert tortoise
and other Mojave Desert wildlife species while providing for economic
development in rural south-central Nevada. The BLM supports this bill,
which passed the House of Representatives without amendment on July 15,
2009.
Background
The Nevada-Florida Land Exchange Authorization Act of 1988 (NFLEA,
P.L.100-275) authorized the exchange of approximately 29,055 acres
(``fee'' lands) of BLM-administered lands in Coyote Springs Valley,
Clark and Lincoln Counties, Nevada, for approximately 5,000 acres of
private land in the Florida Everglades owned by Aerojet-General
Corporation (Aerojet). The purpose of the land exchange was to protect
habitat in Florida needed for the recovery of wildlife species listed
under the Endangered Species Act (ESA). The NFLEA also entitled Aerojet
to lease an additional 13,767 acres (``leased'' lands) of BLM-
administered land in Coyote Spring Valley for 99 years, with an
automatic 99-year lease renewal term unless terminated by the lessee.
Aerojet initially intended to use the fee lands for the
construction of rocket manufacturing facilities. The Federal leased
lands were to remain substantially undeveloped and serve as a
conservation area and buffer for the rocket facilities. Aerojet never
built the manufacturing facilities and the fee lands changed ownership
in 1996 and 1998. In accordance with the NFLEA, the Secretary of the
Interior approved the assignment of the leased lands from Aerojet to
Harrich Investments LLC, and then from Harrich Investments to Coyote
Springs Investment LLC (CSI), respectively.
CSI proposed to develop a planned community on the original Aerojet
fee lands. Because the proposed development would affect critical
habitat for the desert tortoise, an ESA listed species, the U.S. Fish
and Wildlife Service (FWS) asked the BLM in 2001 to consider
reconfiguring the boundary of the leased lands to benefit desert
tortoise habitat. Reconfiguration of the leased lands was undertaken
pursuant to the NFLEA.
Under the original configuration, the leased land was an island
surrounded by the fee lands acquired by Aerojet. This configuration was
designed to meet the needs of the planned Aerojet manufacturing
facilities, but it provided limited habitat conservation benefits.
Reconfiguring the lands would enhance conservation by consolidating the
fee lands in a single parcel adjacent to U.S. Highway 93, and by
placing the leased lands contiguous to protected habitat on BLM-managed
public lands. This configuration would increase habitat connectivity
and provide more effective conservation for desert tortoise and other
Mojave Desert species.
In 2005, the Bureau of Land Management (BLM) issued a corrective
patent to CSI for the reconfigured lands in Clark County. The Western
Lands Project and the Nevada Outdoor Recreation Association
(plaintiffs), who claimed that the BLM should have prepared an analysis
of the corrective patent under the National Environmental Policy Act
(NEPA) and the Federal Land Policy and Management Act (FLPMA),
subsequently brought suit in the U.S. District Court in Nevada. The
action was dismissed by stipulation of the parties before briefing on
the merits.
Continuing with its project proposal, CSI then prepared a Multiple
Species Habitat Conservation Plan (MSHCP) to protect tortoise habitat
and, consistent with the ESA, applied to the U.S. Fish and Wildlife
(FWS) for an ``incidental take'' permit necessary for project approval.
The FWS, with the BLM as a cooperating agency, assessed the CSI
proposal in an Environmental Impact Statement completed in July 2008.
In October 2008, the FWS issued a Record of Decision authorizing an
incidental take permit to CSI with numerous conservation stipulations
to protect desert tortoise habitat. A key conservation stipulation is
the land reconfiguration authorized by the BLM's corrective patent.
s. 729
S. 729 affirms and validates the corrective patent issued by the
BLM in 2005 and its associated land reconfiguration. The bill enables
implementation of the land reconfiguration stipulated in the Coyote
Spring MSHCP, which will protect critical habitat while allowing
economic development in south-central Nevada. The BLM supports the
bill.
Thank you for the opportunity to testify. I would be happy to
answer any questions that you may have.
s. 766
Thank you for inviting the Department of the Interior to testify on
S. 766, the Devil's Staircase Wilderness Act of 2011. The Bureau of
Land Management (BLM) supports S. 766 as it applies to lands we manage.
Background
The proposed Devil's Staircase Wilderness, near the coast of
southwestern Oregon, is not for the faint of heart. Mostly wild land
and difficult to access, the Devil's Staircase reminds us of what much
of this land looked like hundreds of years ago. A multi-storied forest
of Douglas fir and western hemlock towers over underbrush of giant
ferns, providing critical habitat for the threatened Northern Spotted
Owl and Marbled Murrelet. The remote and rugged nature of this area
provides a truly wild experience for any hiker.
s. 766
S. 766 proposes to designate over 30,000 acres as wilderness, as
well as portions of both Franklin Creek and Wasson Creek as components
of the Wild and Scenic Rivers System. The majority of these
designations are on lands managed by the U.S. Forest Service. The
Department of the Interior defers to the U.S. Department of Agriculture
on those designations.
Approximately 6,830 acres of the proposed Devil's Staircase
Wilderness and 4.2 miles of the Wasson Creek proposed designation are
within lands managed by the BLM. The Department of the Interior
supports these designations.
We note that while the vast majority of the acres proposed for
designation are Oregon &California (O&C) lands, identified under the
1937 O&C Lands Act for timber production, the BLM currently restricts
timber production on these lands. These lands are administratively
withdrawn from timber production by the BLM through various
administrative classifications. Additionally, the BLM estimates that
nearly 90 percent of the area proposed for designation is comprised of
forest stands that are over 100 years old, and provides critical
habitat for the threatened Marbled Murrelet and Northern Spotted Owl.
The 4.2 miles of Wasson Creek would be designated as a wild river
to be managed by the BLM under S. 766. The majority of the acres
protected through this designation would be within the proposed Devil's
Staircase wilderness designation, though 376 acres would be outside the
proposed wilderness on adjacent BLM lands.
The designations identified on BLM-managed lands under S. 766 would
result in only minor modification of current management of the area and
would preserve these wild lands for future generations.
Conclusion
Thank you for the opportunity to testify in support of these
important Oregon designations. The Department of the Interior looks
forward to welcoming these units into the BLM's National Landscape
Conservation System.
s. 896
Mr. Chairman, thank you for the opportunity to present the views of
the Department of the Interior on S. 896, a bill to amend the Public
Lands Corps Act of 1993 to expand the authorization of the Secretaries
of Agriculture, Commerce and the Interior to provide service
opportunities for young Americans; help restore the nation's natural,
cultural, historic, archaeological, recreational and scenic resources;
train a new generation of public land managers and enthusiasts; and
promote the value of public service.
The Department strongly supports S. 896. This bill would strengthen
and facilitate the use of the Public Land Corps (PLC) program, helping
to fulfill Secretary Salazar's vision for promoting ways to engage
young people across America to serve their community and their country.
During the last Congress, the Department testified in support of
similar bills in both the House and the Senate. While we appreciate the
revisions to last Congress's versions of the legislation that are
reflected in S. 896, we would like to have the opportunity to work with
the committee on the amendments described in this statement and any
additional issues that we identify as we continue our review of the
bill.
Engaging America's Youth Through Service
While there are other Federal programs that promote service,
expanding the use of the Public Land Corps is particularly important
because it also serves other high-priority goals. The Corps reconnects
young people with their natural environment and cultural heritage;
conserves energy and increases out use of alternative sources of
energy; and provides education, training, and career-building
experiences which may support a pathway to careers in Federal land
management agencies, which need new, younger and more diverse
employees.
Secretary Salazar created the Youth in Natural Resources program
during his tenure at the Colorado Department of Natural Resources as a
way to educate thousands of young people about Colorado's natural
resources, and he saw firsthand what a difference it made in their
lives. From the day he was nominated as Secretary of the Interior, he
has emphasized that one of his top priorities would be to find more
ways to introduce young Americans from all backgrounds to the beauty of
our national parks, refuges, and public lands and to promote an ethic
of volunteerism and conservation in this Country's youngest generation.
Enactment of this legislation helps pave the way to meeting one of the
Secretary's top priority goals--to develop a 21st Century Conservation
Service Corps. Engaging youth in the great outdoors through educational
and employment opportunities is one of the primary focuses of the
Administration's America's Great Outdoors initiative , and is a great
example of multiple federal agencies coming together for a common goal.
S. 896 would help both the Department and our sister agencies, USDA and
the Department of Commerce, offer expanded opportunities for our youth
to engage in the care of America's Great Outdoors.
Background on Public Land Corps Program
The Department regards the Public Land Corps program as an
important and successful example of civic engagement and conservation.
Authorized by the National and Community Service Trust Act in 1993, the
program uses non-profit organizations such as the Student Conservation
Association (SCA) and other service and conservation corps
organizations affiliated with the Corps Network as the primary partners
in administering the Public Land Corps program. These public/private
partnership efforts help to leverage Federal dollars in some cases 3 to
1 and have assisted the Department in increasing youth employment
opportunities by 45% from FY2009 to FY2010. In addition, other non-
profit youth organizations such as the YMCA also participate, as do
local high schools and job-training youth organizations. The youth
organizations assist the National Park Service (NPS) in its efforts to
attract diverse participants to the parks by recruiting youth 16-25
years of age from all socioeconomic, cultural and ethnic backgrounds.
The National Park Service makes extensive use of the Public Land
Corps Act. This authority is used for the majority of all NPS youth
work projects that utilize a non-profit youth-serving organization as a
partner. In FY 2010, 3,006 employment opportunities\1\ were created
through the projects undertaken by these partner organizations. Many of
these projects were for maintenance and ecological restoration
purposes. The NPS receives a 25 percent cost match from the
participating partner organizations. During FY 2010, the NPS spent $4.4
million in Service-wide fee revenue and approximately $2 million in
park-specific fee revenue, as well as approximately $2.5 million in
appropriations for the Youth Intern Program, on PLC projects.
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\1\ Not less than 80 hours of pay compensation which can be in the
form of a stipend or hourly wage, which must be through a cooperative
agreement. Includes both projects involving work crews and individual
internships.
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An example of what this program has accomplished is exemplified by
the work of one PLC partner organization, the Greening Youth
Foundation, which recruited and trained 16 at-risk young adults from
Denver. From April, 2010, through February, 2011, these 18- to 24-year
olds earned green certifications that enabled them to conduct energy
audits and energy retrofits at all the national park sites in Colorado
and Arizona. The work provided marketable skills to its young
participants and energy savings to the parks.
The Bureau of Land Management (BLM) and the U.S. Fish and Wildlife
Service (FWS) also have a long history of employing young people
through the Youth Conservation Corps and through the SCA and other
youth service and conservation organizations for a wide array of
projects related to public lands resource enhancement and facility
maintenance under the Public Lands Corps Act. Though most Corps are
affiliated with the nationwide Corps Network, they are often
administered at the State, rather than national level. The FWS and SCA
have partnered for over 20 years to offer work and learning
opportunities to students. In FY 2010, 218 Conservation interns served
at 90FWS sites, contributing more than 157,040 hours of work.
The BLM has engaged the services of non-profit youth service corps
for many years under financial assistance agreements at the state and
local level.. In 2010, the BLM supported 1,689 youth employees through
non-profit youth service corps organizations. t They participated in a
variety of conservation service activities such as recreation and river
management, historic building restoration and maintenance, seed
collection, and invasive species control. BLM's Salem Oregon District,
for example, hires a mixture of Northwest Youth Corps, Clackamas
County, and Columbia River Youth Corps members each year to perform a
variety of activities such as trail maintenance and construction.
The FWS manages 553 units of the National Wildlife Refuge System
that cover over 150 million acres of land and waters, as well as 70
National Fish Hatcheries, which would directly benefit from programs
authorized under S. 896. National Wildlife Refuges and National Fish
Hatcheries enjoy strong relationships with the local communities, and
are involved in many community-based projects that help maintain
sustainable landscapes. The FWS's work is also supported by over 200
non-profit Friends organizations that assist in offering quality
education programs, mentoring, and work experience for youth.
In 2010, the FWS employed 858 youth employees through local, State,
and non-profit youth service corps. The FWS has provided funding for a
YCC program involving the Mescalero Apache youth at the Mescalero
Tribal Hatchery in New Mexico. The FWS has working relationships with
numerous colleges and universities for students interested in pursuing
careers in fish and wildlife management.
The Public Lands Service Corps Act of 2011
S. 896 would make several administrative and programmatic changes
to the Public Land Corps Act. These changes would encourage broader
agency use of the program, make more varied opportunities available for
young men and women, and provide more support for participants during
and after their service. Appropriately, S. 896 would change the
program's name to Public Lands Service Corps, reflecting the emphasis
on ``service'' that is the hallmark of the program. President Obama is
committed to providing young people with greater opportunities and
incentives to serve their community and country. Through an enhanced
Public Lands Service Corps, we would be taking a critical first step
that direction.
Key changes that the legislation would make to existing law
include:
Adding the Department of Commerce's National Oceanic and
Atmospheric Administration, which administers national marine
sanctuaries and conservation programs geared toward engaging
youth in science, service and stewardship, as an agency
authorized to use the program;
Establishing an Indian Youth Corps so Indian Youth can
benefit from Corps programs based on Indian lands, carrying out
projects that their Tribes and communities determine to be
priorities;
Authorizing a departmental-level office at the Department of
the Interior to coordinate Corps activities within the three
land management bureaus;
Requiring each of the three relevant departments to
undertake or contract for a recruiting program for the Corps;
Requiring a training program for Corps members, and
identifying specific components the training must include;
Identifying more specific types of projects that could be
conducted under this authority;
Allowing participants in other volunteer programs to
participate in PLC projects;
Allowing agencies to make arrangements with other Federal,
State, or local agencies, or private organizations, to provide
temporary housing for Corps members;
Providing explicit authority for the establishment of
residential conservation centers;
Authorizing agencies to recruit experienced volunteers from
other programs to serve as mentors to Corps members;
Adding ``consulting intern'' as a new category of service
employment under the PLC program;
Allowing agencies to apply a cost-of-living differential in
the provision of living allowances and to reimburse travel
expenses;
Allowing agencies to provide non-competitive hiring status
for Corps members for two years after completing service,
rather than only 120 days, if certain terms are met;
Allowing agencies to provide job and education counseling,
referrals, and other appropriate services to Corps members who
have completed their service; and
Eliminating the $12 million authorization ceiling for the
program.
We believe that the Department's program would benefit from
enactment of this legislation. As noted above, most PLC projects are
designed to address maintenance and ecological restoration needs, and
those types of projects would continue to be done under S. 896.
However, this legislation specifies a broader range of potential
projects, making it likely that Corps members could become involved in
such varied activities as historical and cultural research, museum
curatorial work, oral history projects and programs, documentary
photography, public information and orientation services that promote
visitor safety, and activities that support the creation of public
works of art. Participants might assist employees in the delivery of
interpretive or educational programs and create interpretive products
such as website content, Junior Ranger program books, printed handouts,
and audiovisual programs.
PLC participants would also be able to work for a partner
organization where the work might involve sales, office work,
accounting, and management, so long as the work experience is directly
related to the protection and management of public lands. The NPS and
the FWS have a large number of partner organizations that would be
potential sponsors of young people interested in the type of work they
might offer.
An important change for the Department is the addition of specific
authority for agencies to pay transportation expenses for non-
residential Corps members. Transportation costs may be a limiting
factor in program participation of economically disadvantaged young
people.
Another important change is the addition of ``consulting intern''
as a new category of service employment under the PLC program,
expanding on the use of mostly college-student ``resource assistants,''
provided for under existing law. The consulting interns would be
graduate students who would help agencies carry out management analysis
activities. NPS has successfully used business and public management
graduate student interns to write business plans for parks for several
years, and this addition would bring these interns under the PLC
umbrella.
The Public Lands Service Corps would also offer agencies the
ability to hire successful corps members non-competitively at the end
of their appointment, which would provide the agency with an influx of
knowledgeable and diverse employees as well as career opportunities for
those interested in the agencies' mission. Refuges and hatcheries, for
example, are uniquely qualified to connect with local communities since
the Service has so many refuges across the country that are located
near smaller communities and can directly engage urban, inner city, and
rural youth. For example, partnering academic institutions are
beginning to offer academic certificate programs to enhance the
students' work experience and marketability for securing full-time
employment in both the Federal and non-profit sectors, thereby
providing orientation and exposure to a broad range of career options.
The legislation would also give the Department's other bureaus that
would utilize this program the authority to expand the scope of
existing corps programs to reflect modern day challenges, such as
climate change and add incentives to attract new participants,
especially from underrepresented and diverse populations.
An expanded Public Lands Service Corps program would provide more
opportunities for thousands of young Americans to participate in public
service while assisting the Department to address the critical
maintenance, restoration, repair and rehabilitation needs on our public
lands and gain a better understanding of the impacts of climate change
on these treasured landscapes.
Recommended Changes to S. 896
As noted at the start of this statement, we appreciate the changes
to last Congress's version of the legislation that are reflected in S.
896. However, the Administration recommends the following amendments to
this bill:
1) Hiring preference
The Administration recommends changing eligibility
for former PLSC participants for non-competitive hiring
status from two years to one year. This change would
make eligibility status consistent with other
Government-wide, non-competitive appointment
authorities based on service outside of the Federal
government.
2) Cost sharing for nonprofit organizations contributing to
expenses of resource assistants and consulting interns
Under current law in the case of resource assistants,
and under S. 896 in the case of consulting interns,
sponsoring organizations are required to cost-share 25
percent of the expenses of providing and supporting
these individuals from ``private sources of funding.''
The Administration recommends giving agencies the
ability to reduce the non-Federal contribution to no
less than 10 percent, only if the Secretary determines
it is necessary to enable a greater range of
organizations, such as smaller, community-based
organizations that draw from low-income and rural
populations, to participate in the PLSC program. This
would make the cost-share provisions for resource
assistants and consulting interns parallel to the
provisions under the bill for other PLSC participants.
3) Definition of Eligible Public Lands
The Administration recommends technical amendments to
clarify that PLSC activities will be carried out on
public lands as enumerated in the law. ``Eligible
service lands'' may be interpreted to include non-
Federal lands.
4) Agreements with Partners on Training and Employing Corps
Members
The Administration recommends striking the provision
in S. 896 that would allow PLSC members to receive
federally funded stipends and other PLSC benefits while
working directly for non-Federal third parties. The
need for this language is unclear, since agencies
already have flexibility in how they coordinate work
with cooperating associations, educational institutes,
friends groups, or similar nonprofit partnership
organizations. Yet, the language could raise
unanticipated concerns over accountability, liability,
and conflicts of interest. For example, this language
could allow an individual to receive a federally funded
stipend under a PLSC agreement, and then perform work
for a different non-federal group (such as a
cooperating association) that is subject to agency
oversight under different agreements. This language
could blur the lines of responsibility that have been
established in response to IG concerns over the
management of cooperating associations and friends
groups.
5) Living Allowance Differentials
The Administration recommends striking the provision
in S. 896 that would allow for the Secretary to
provided living allowance differentials to employees.
Current law provides the Secretary with broad authority
to set ``living allowances'' at an appropriate rate.
Adding ``cost-of-living'' language to a law that would
modify compensation for Federal employees may
unnecessarily introduce confusion.
The Department is happy to answer any questions you or the other
members of the subcommittee have.
s. 897
Mister Chairman and Members of the Subcommittee, thank you for the
invitation to testify on behalf of the Office of Surface Mining
Reclamation and Enforcement (OSM) regarding S. 897, a bill to amend the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The OSM
looks forward to working with you on matters relating to the Surface
Mining Control and Reclamation Act of 1977 (SMCRA).
S. 897 would allow noncertified states and tribes to use certain
SMCRA payments for non-coal reclamation. While we recognize the
importance of addressing hardrock mine hazards, we cannot support this
bill because it is inconsistent with the President's FY 2012 Budget
proposal to limit funding derived from the abandoned mine lands fee on
coal production to the reclamation of coal sites that pose the most
danger to public health and safety and/or damage to the environment.
The FY 2012 President's Budget includes a proposal to focus AML
funds on the critical coal reclamation sites in order to ensure that
the most dangerous and environmentally damaging coal sites can be
addressed before the AML fee expires in ten years. In addition to
terminating unrestricted payments to certified states and tribes that
have already cleaned up their abandoned coal mines, the proposal will
competitively allocate funding for use on these hazardous and
environmentally damaging coal reclamation projects. Recognizing the
importance of addressing abandoned hardrock mines nationwide,
additionally, the President's FY 2012 budget would build off these
reforms to the coal AML program and create a parallel program for
hardrock AML reclamation in order to address those sites. This proposal
would ensure that the industries whose historic practices created
abandoned mines bear the costs of addressing these hazards by paying a
reclamation fee on production.
Background
Through SMCRA, Congress established OSM for two basic purposes.
First, to ensure that the Nation's coal mines operate in a manner that
protects citizens and the environment during mining operations and to
restore the land to beneficial use following mining. Second, to
implement an Abandoned Mine Land (AML) program to address the hazards
and environmental degradation created by two centuries of weakly
regulated coal mining that occurred before SMCRA's enactment.
Title IV of SMCRA created an AML reclamation program funded by a
reclamation fee assessed on each ton of coal produced. The fees
collected have been placed in the Abandoned Mine Reclamation Fund
(Fund). OSM, either directly or through grants to States and Indian
tribes with approved AML reclamation plans under SMCRA, has been using
the Fund primarily to reclaim lands and waters adversely impacted by
coal mining conducted before the enactment of SMCRA and to mitigate the
adverse impacts of mining on individuals and communities. Also, since
FY1996, an amount equal to the interest earned by and paid to the Fund
has been available for direct transfer to the United Mine Workers of
America Combined Benefit Fund to defray the cost of providing health
care benefits for certain retired coal miners and their dependents.
Section 402(a) of SMCRA fixed the reclamation fee for the period before
September 30, 2007, at 35 cents per ton (or 10 percent of the value of
the coal, whichever is less) for surface-mined coal other than lignite,
15 cents per ton (or 10 percent of the value of the coal, whichever is
less) for coal from underground mines, and 10 cents per ton (or 2
percent of the value of the coal, whichever is less) for lignite. As
originally enacted, section 402(b) of SMCRA authorized collection of
reclamation fees for 15 years following the date of enactment (August
3, 1977); thus, OSM's fee collection authority would have expired
August 3, 1992. However, Congress extended the fees and fee collection
authority through September 30, 1995, in the Omnibus Budget
Reconciliation Act of 1990. The Energy Policy Act of 1992 extended the
fees through September 30, 2004. A series of short interim extensions
in appropriations and other acts extended the fees through September
30, 2007.
The Surface Mining Control and Reclamation Act Amendments of 2006
were signed into law as part of the Tax Relief and Health Care Act of
2006, on December 20, 2006 (Public Law 109-432). The 2006 amendments
revised Title IV of SMCRA to make significant changes to the
reclamation fee and the AML program and extended OSM's reclamation fee
collection authority through September 30, 2021.
The AML reclamation program was established in response to concern
over extensive environmental damage caused by past coal mining
activities. Before the 2006 amendments, the AML program reclaimed
eligible lands and waters using the Fund, which came from the
reclamation fees collected from the coal mining industry. Eligible
lands and waters were those which were mined for coal or affected by
coal mining or coal processing, were abandoned or left inadequately
reclaimed prior to the enactment of SMCRA on August 3, 1977, and for
which there was no continuing reclamation responsibility under State or
other Federal laws.
SMCRA established a priority system for reclaiming coal problems.
Before the 2006 amendments, the AML program had five priority levels,
but reclamation was focused on eligible lands and waters that reflected
the top three priorities. The first priority was ``the protection of
public health, safety, general welfare, and property from extreme
danger of adverse effects of coal mining practices.'' The second
priority was ``the protection of public health, safety, and general
welfare from adverse effects of coal mining practices.'' The third
priority was ``the restoration of land and water resources and the
environment previously degraded by adverse effects of coal mining
practices.''
As originally established, the Fund was divided into State or
Tribal and Federal shares. Each State or tribe with a Federally
approved reclamation plan was entitled to receive 50 percent of the
reclamation fees collected annually from coal operations conducted
within its borders. The ``Secretary's share'' of the Fund consisted of
the remaining 50 percent of the reclamation fees collected annually and
all other receipts to the Fund, and was allocated into three shares as
required by the 1990 amendments to SMCRA. First, OSM allocated 40% of
the Secretary's share to ``historic coal'' funds to increase
reclamation grants to States and Indian tribes for coal reclamation.
However, all the funds which were allocated may not have been
appropriated. Second, OSM allocated 20% to the Rural Abandoned Mine
Program (RAMP), operated by the Department of Agriculture. However,
that program has not been appropriated AML funds since the mid-1990s.
Last, SMCRA required OSM to allocate 40% to ``Federal expense''
funds to provide grants to States for emergency programs that abate
sudden dangers to public health or safety needing immediate attention,
to increase reclamation grants in order to provide a minimum level of
funding to State and Indian tribal programs with unreclaimed coal
sites, to conduct reclamation of emergency and high-priority coal sites
in areas not covered by State and Indian tribal programs, and to fund
OSM operations that administer Title IV of SMCRA.
States with an approved State coal regulatory program under Title V
of SMCRA and with eligible coal mined lands could develop a State
program for reclamation of abandoned mines. The Secretary determines
whether to approve and fund the State reclamation program. At the time
the 2006 amendments were enacted, 23 States received annual AML grants
to operate their approved reclamation programs. Three Indian tribes
(the Navajo Nation, and Hopi and Crow Tribes) without approved
regulatory programs have received grants for their approved reclamation
programs as authorized by section 405(k) of SMCRA.
Before the 2006 amendments, States and Indian tribes that had not
certified completion of reclamation of their abandoned coal lands could
use AML grant funds on noncoal projects only to abate extreme dangers
to public health, safety, general welfare, and property that arose from
the adverse effects of mineral mining and processing and only at the
request of the Governor or the governing body of the Indian tribe. In
addition, noncertified States were allowed to deposit up to ten percent
of their AML grant funds into a state acid mine drainage set aside
account to abate and treat acid mine drainage caused by coal mining.
The 2006 amendments reduced the statutory fee rates by 10 percent
from the current levels for the period from October 1, 2007, through
September 30, 2012, and by an additional 10 percent from the original
levels for the period from October 1, 2012, through September 30, 2021.
The Fund allocation formula was also changed. Beginning October 1,
2007, certified States are no longer eligible to receive State share
funds. Instead, amounts that would have been distributed as State share
for certified States from the AML fund are distributed as historic coal
funds. The RAMP share was eliminated, and the historic coal allocation
was further increased by the amount that previously was allocated to
RAMP. In addition, the amount that noncertified States could set aside
for acid mine drainage abatement and treatment was increased to 30
percent of a State's State share and historic coal share funds.
The Amendments also created two new types of payments from the
General Treasury under section 411(h). Both certified and noncertified
states receive payments equal to their portion of the unappropriated
balance of the AML fund that existed at the time the amendments were
passed, known as ``prior balance funds''. Certified states and tribes
also receive a payment, known as the ``in lieu'' payment, equal to 50%
of the fees collected in their borders the prior year.
Though the other sources of funding to noncertified states and
tribes are available for a variety of purposes under the statute, since
2006, the Department has interpreted the language of SMCRA section
411(h) to preclude noncertified states and Indian tribes from using
funds that they receive under that section for noncoal reclamation or
for deposit into a state acid mine drainage account.
s. 897
Under SMCRA, noncertified states can use ``State share'' and
``historic coal'' funds for noncoal reclamation and deposit into state
acid mine drainage set aside accounts, which are considered lower
priority hazards associated with AML sites. S. 897 would amend SMCRA to
allow these states to also use their prior balance funds, which they
receive under Section 411(h)(1), for noncoal reclamation and for
deposit into state acid mine drainage set-aside accounts. In other
words, S. 897 would allow prior balance replacement funds, which are
now focused on the reclamation of coal sites in noncertified States, to
be used for other purposes: namely, noncoal reclamation and deposit
into State acid mine drainage set aside accounts.
In an effort to focus the OSM's AML program on coal reclamation,
the President's FY 2012 budget proposes to revise SMCRA to
competitively allocate AML funds to ensure that the most dangerous and
environmentally damaging coal AML sites are reclaimed before the
reclamation fee terminates. Because S.897 is inconsistent with the
Administration's goal of ensuring expeditious coal reclamation through
the existing AML Fund, we cannot support this bill.
We share this Subcommittee's interest in ensuring that abandoned
hardrock mines also are addressed. In order to accomplish this goal, we
support the creation of a parallel hardrock AML program, funded through
a fee on hardrock production to fund the reclamation of hardrock mine
sites nationwide, which the FY 2012 President's budget proposes.
Currently, there is no hardrock reclamation fee similar to the one
established by SMCRA to reclaim abandoned coal mine sites. This leaves
States, Tribes, and Federal land managers to address these sites within
their budgets or using other sources of funding, such as SMCRA's
reclamation funds when possible. To hold each industry responsible for
the actions of its predecessors, the President's FY 2012 budget
proposes a new reclamation fee on hardrock production. Once the fee is
established, OSM would be responsible for collecting this fee, based on
its expertise in collecting the coal reclamation fee. The Department of
the Interior's Bureau of Land Management would be responsible for
allocating and distributing the receipts, using the proposed
competitive allocation program.
Thank you for the opportunity to appear before the Subcommittee
today and testify on this bill. I look forward to working with the
Subcommittee to ensure that the Nation's abandoned mine lands are
adequately reclaimed.
Senator Wyden. Thank you. Thank you both. Just a couple of
questions and comments really from me at this time.
First big thanks to you, Ms. Wagner and to you, Mr. Pool,
as well for your help with the Oregon legislation. I know, Ms.
Wagner, you spent a lot of time toiling with that incredibly
dedicated group of Oregonians who are working on bringing
change to the Eastside National Forest. Let me just touch on a
couple of concerns.
I know that you've been concerned about making sure the
agency is adequately funded in order to be able to do the
necessary kind of forestry work that is required. I want you
and the Secretary to know I'm going to work very closely with
you to ensure those kinds of funds.
I also want to put this in context. I think Senator Risch
and I talked a bit about that when we talked about the question
of Forestry policy in the past is that American taxpayers in
communities incur punishing costs when our forests are not
healthy. I mean, that's the bottom line. Unhealthy forests end
up inflicting huge costs onto communities.
You basically have these fires and a lot of the fires we're
seeing are practically infernos now because of years of
neglect, disease and insect infestation. Of course communities
face the loss of jobs and income and there are a whole host of
reasons why folks who represent timber companies and
environmental folks have come together. In effect a healthy
forest can make economies healthier and communities healthier.
As we tackle these questions of cost I think we want to
make sure that people understand that the cost of doing nothing
is enormous. That's the reason why it's important to come
together and work on these bills.
So Mr. Pool I will liberate you at this time and not ask
any questions. I may have other things to wrap up with. But let
me recognize my colleagues beginning with Senator Barrasso.
Senator Barrasso. Thank you very much, Mr. Chairman.
I wanted to start first with Mr. Pool from the standpoint
of the Bureau of Land Management following up on some of my
opening comments and some of the comments from Senator Lee. You
know, in December the Secretary of Interior signed Secretarial
Directive number 3310, put in place what was called his Wild
Lands Policy. In March Congress responded and they did so by
defunding implementation of the policy.
Now there are people I know in your Department, the
Department of Interior, who seem to believe that the defunding
is going to end at midnight on September 30, 2011 and then off
you can go again. I'm sure that you understand that many here
on Capitol Hill are very much opposed to the Wild Land Policy.
Some believe that in the face of that policy that there's no
reason to legislate new wilderness areas on BLM lands.
So can you describe why we shouldn't just table all of
these BLM wilderness bills until such time as the Secretary has
permanently rescinded his Wild Lands Policy?
Mr. Pool. It's my understanding that the Secretary may be
providing BLM a new policy direction here in the near term
related to this issue. We are fully complying with the Section
1769 of the continuing resolution and other provisions that are
contained in the Federal Land Policy Management Act, which
guides our multi-use operations of the plans. Congressionally
designated wilderness areas we feel is a separate issue from
wild lands. Wild lands does not affect designated wilderness
areas or wilderness study areas.
Senator Barrasso. I did find it interesting that when the
directive went--when the conference call went out on the wild
lands initiative on December 22nd or 23rd, that you had to have
a code word to call in. The code word that came out from your
Department on the wild lands initiative that you're now saying
is very different than wilderness. The code word was
wilderness. So I think for anybody that has concerns about what
the Department is doing with these lands, I think that was a
very telling choice of a code word.
I'd like to ask you also, I note that Senator Wyden's
Cathedral Rock and Horse Heaven Wilderness bill includes
language to manage some lands as wilderness until 2 land
exchanges have been completed. Do you think it's wise to pre-
designate wilderness lands which may never, you know, come into
the Federal estate? Would it be just as reasonable to kind of,
split the bill into a land exchange bill and then follow it
later with a wilderness designation once the land exchange has
been completed?
Mr. Pool. We believe that the bill introduced by Senator
Wyden is very good and thoughtful bill. The 2 respective public
land tracts are less than 5,000 acres. They do have high
natural values. The intent of the bill is to preserve the
wilderness character of the land, not to be managed as
wilderness areas up until that prospectively we can consummate
these exchanges and they can be designated upon consummation.
There's 3 proponents, exchange proponents.
One being the, I'm told, the Young Life proponent, sizable
tracts adjacent to both the Cathedral Rock and the Horse Heaven
respective wilderness areas. They are essential, that
acquisition through exchange, are essential. So we think it's a
very innovative bill.
There's also sufficiencies to be gained by going through
the NEPA processes to determine fair market value. Both tracts
are in close proximity. Particularly the Young Life bill has
great influence on the suitability of establishing these
wilderness areas.
Upon acquisition through exchange, particularly of the
Young Life, then the acreage will increase about 5,000 acres
and greatly improve our efforts to manage these areas as well.
Senator Barrasso. Great. Thank you very much, Mr. Pool.
Now, Ms. Wagner, if I could. Bill, S. 220, Senator Wyden's
Oregon Eastside Forest Restoration Act includes a language to
authorize, I think, up to $50 million to implement the bill. Do
you know how much timber funding the forest in all of Oregon
get in say, Fiscal Year 2010?
Ms. Wagner. Yes, sir. In Fiscal Year 2010, all Oregon
forests received about $36 million for forest products budget
line item. The Eastside Forests that have been the target of
the conversation around restoration on the Eastside between
fuels and the forest products budget line item, we invested
$31.7 million.
Senator Barrasso. I guess I was just curious given the
provisions of S. 220. If the 50 million authority were to be
fully funded, you know, how much of the requirements of the
bill do you think could be implemented with that money?
Ms. Wagner. Two things.
I think our confidence level is higher for Fiscal Year 12
because it's closest to us. There is notable work happening in
the landscapes in Eastern Oregon. Collaboratives are coming
together. The Deschutes Skyline Project is a collaborative
Forest Landscape Restoration Project that is funded.
There are 2 other collaboratives that have come together.
They have bold visions for restoring what needs to happen on
their national forests. My hope is as those collaboratives
work, as they create shared vision, that we can actually
implement our planning faster, our assessments faster and as a
consequence of that, save dollars to invest in actual
treatments.
So we would say we believe that with the $50 million
investment we can achieve most of the performance goals set.
Senator Barrasso. Just a final question. I know the Forest
Service has testified against most of the small land conveyance
proposals including S. 271, S. 683 and S. 684. In the case of
83 and 84 which are Senator Lee's legislative proposals, I
think you pointed out that the Forest Service could accomplish
these conveyances through the Townsite Act.
You know, in several instances some of the lands that the
Forest Service is now demanding to be paid for were given to
the Forest Service or sold to the agency, you know, for a
dollar. So, you know, all of the 3 conveyance bills that I just
mentioned in today's hearings have been under consideration I
know, for several years. If these conveyances could be
accomplished through the Townsite Act, you know, why hasn't the
Forest Service just consummated the conveyance using that
authority?
Ms. Wagner. I think when communities see an opportunity for
a legislative solution to the challenges that they're facing
that necessitate this conversation about conveyances. The
legislation, when it doesn't consider the fair market value,
that's more attractive to a community. So in the case of Alta,
for instance, the community has not been particularly
interested in working the Townsite Act or the Weeks Act because
they're hopeful that the legislation will pass.
Senator Barrasso. OK. Thank you.
Thank you, Mr. Chairman.
Senator Wyden. I thank my colleague. I'm going to go right
to Senator Lee just because we're on the point with respect to
the 2 bills that Senator Barrasso asked about.
First on the Eastside bill, Ms. Wagner, I very much
appreciate your answer and your analysis because what we are
seeking to do, as you indicated, is to build with the
legislation on the collaborative work that you're already
doing. Because I think certainly Senator Barrasso and other
Senators are right to want to know about the financial
considerations associated with this and every bill. So I want
Senator Barrasso and colleagues on the other side to know that
I'm interested in working with them.
Just on the point with respect to Cathedral Rock and Horse
Heaven, what we're seeking to do on that one, Senator Barrasso.
We put together a remarkable coalition, you know, religious
folks with Young Life, ranching community and the
environmentalists and so it was a collaborative, homegrown
solution. Our concern was if we broke it up, we could end up
raking up the coalition.
So it's my intent to work very closely with you on both of
those.
Senator Barrasso. Thank you, Mr. Chairman.
Senator Wyden. Good. We welcome, Senator Lee. Go ahead.
Senator Lee. Thank you. Thanks to both of you for joining
us today.
Ms. Wagner, with regard to S. 683 and 684, providing for
the conveyance of certain parcels of land in the Towns of Alta
and Mantua, Utah, in your written testimony you raise a few
concerns regarding the definition of public purpose and also
regarding the reversionary interest and a few details related
to that in these bills. Tell me how we can best work with you
to resolve those issues.
Ms. Wagner. The--in some of the bills under consideration
there's clarity. In the case of the Wallowa compound there's
some description about what the anticipated use would be once
the property is conveyed. Public purpose may be just some
consideration of being a little bit more specific about what
that might entail for these properties would be beneficial.
The reversionary language is of concern because it would
put the Forest Service, no longer an owner of the land, in a
little bit of a monitoring mode. We would prefer that we're
clear on public purpose and that we don't consider reversionary
language if the land conveys to a town, we'd like it to remain
with that town.
Senator Lee. With that basic fee simple determinable with
the no possibility of a revert or no reversionary interest at
all. OK. Thank you.
Thank you, Mr. Chairman.
Senator Wyden. Thank you.
Senator Risch.
Senator Risch. Very briefly. Mr. Pool, this isn't going to
come as any surprise to you but I want to underscore the
comments of Senator Barrasso regarding the proposal of
wilderness. Congress' reaction to that was swift and fairly
strong. I can tell you that that represents the angst that
those of us who have substantial parcels of BLM ground in our
state experienced as a result of this bomb that got dropped on
us.
So in the future, I think that we all look forward to
working together. But when we get surprises like this it is not
a good deal. The result is what's happened.
So I hope you will take that message back. I doubt it will
come as any surprise to the people there at BLM. Thank you.
Thank you, Mr. Chairman.
Senator Wyden. Thank you, Senator Risch.
Any colleagues wish to have a second round? Apparently not.
All hearings should be so short at the Forestry Subcommittee.
We thank you both. We'll be working with you in the days
ahead. It's going to be the desire on this subcommittee and I
know with Chairman Bingaman to work hard to bring folks
together, make these bills bipartisan, find common ground and
apropos, Senator Lee's point, making sure that folks can be
heard.
So with that the subcommittee is adjourned.
[Whereupon, at 3:35 p.m., the hearing was adjourned.]
APPENDIX
Additional Material Submitted for the Record
----------
Statement of Hon. Tom Vilsack, Secretary, Department of Agriculture
WASHINGTON, Oct. 30, 2010.--Today, Agriculture Secretary Vilsack made
the following statement in support of Senator Ron Wyden's
Eastside Forest Legislation.
``One of the most significant challenges we face in our National
Forests is finding greater common ground among environmentalists,
forest industry, and rural communities that allows us to support jobs
in these communities and to restore our forests, to make them more
resilient, to benefit water resources, to address climate change, to
protect wildlife and to provide recreational opportunities. Over the
last several months, under Senator Wyden's leadership, the Forest
Service, stakeholders in Oregon, and the Senator's staff have worked
together to refine a legislative proposal that if adequately funded
would meet this challenge and benefit the people and forests of Oregon.
``When I recently visited Oregon, I met with stakeholders involved
in putting together this proposal and was impressed by the common
vision that has been developed for eastside forests in Oregon. I know
Senator Wyden is considering a number of approaches to enact
legislation that would codify the work of the stakeholders in this
region-specific project. No matter what approach is taken, one of the
Senator's goals is to establish performance goals for the forests
covered under the legislation. With respect to this issue, since the
forest health needs and the need for timber infrastructure are so
great, I believe a ramp up to perform mechanical treatments would be
beneficial while the proposed forest advisory council completes their
work on how to develop and implement landscape-scale ecological
restoration projects. Therefore, for forests in eastern Oregon, if the
ultimate legislation provided USDA discretion to set performance goals,
my intent would be to establish performance goals for mechanical
treatment of 39,000 acres the first year, 58,000 acres the second year,
and 80,000 acres the third year. These goals are consistent with
existing forest management plans which have been through a public
environmental review. And, going forward we support a robust public
process for analyzing treatments carried out to meet these goals. These
performance goals are ambitious but sustainable and achievable provided
there is sufficient funding to allow the Forest Service to prepare and
implement stewardship contracts, timber sales, and other mechanical
treatments.
``As the Senator and I have discussed, since there are many high-
priority programs throughout the National Forest System, we cannot
shift funding from other regions to fund these treatments. Thus, I
support the inclusion of language in proposed legislation that states
it will not impact funds from other regions or forests.
``As the administration expressed in testimony on S. 2895, we have
reservations about legislating specific treatment levels and other
aspects of our forest plans. However, I believe the approach and hard
work of the stakeholders in Oregon, and the Senator's work directly
with the Forest Service ensure this effort can serve as a model for
collaboration in bringing together various stakeholders. I commend
Senator Wyden for his leadership and look forward to continued work
with him and his staff as this proposal moves forward.''
______
May 19, 2011
Hon. Jeff Bingaman,
Senator, Energy & Natural Resources Committee Office, 304 Dirksen
Senate Building, Washington, DC.
Dear Senator Bingaman,
On behalf of the undersigned organizations we are writing to thank
you for your work and leadership in crafting, co-sponsoring and re-
introducing the Rio Grande del Norte National Conservation Area
Establishment Act, S. 667.
This broadly backed bill will preserve about 235,000 acres
northwest of Taos as a conservation area, and designate within that two
new wilderness areas---the Cerro del Yuta Wilderness and the Rio San
Antonio Wilderness. That Congressmen Ben Lujan and Martin Heinrich have
introduced companion legislation in the House of Representatives
indicates the seriousness of our delegation in getting this bill passed
this year.
Sportsmen like us--who make up 38 percent of the voters in this
state--want to keep the best wild places on our nation's public lands
protected, as often they are the very best places to hunt and fish. We
want to pass these backcountry traditions down to our kids--and
grandchildren. As our greatest hunter-president, Theodore Roosevelt put
it: ``The nation behaves well if it treats its natural resources as
assets, which it must turn over to the next generation increased, and
not impaired, in value.''
The Rio Grande del Norte National Conservation Area Establishment
Act will preserve our opportunities to hike, fish and hunt in this wild
place--which is home to large elk and antelope herds as well as a first
rate trout fishery. New Mexico's hunters spend more than $150 million
each year on this sport, and our anglers spend another $176 million.
Together, these groups support some 8,000 jobs. That's probably one of
the reasons the Taos County and Mora Valley Chambers of Commerce both
back this conservation legislation. They recognize that protecting our
natural resources just makes good business sense.
This amazing area--a wild western plateau of grass and sagebrush
mesas, extinct volcano cinder cones and the spectacular Rio Grande
Gorge with its towering basalt cliffs--contributes so much to the
quality of our lives. It's where we go to stretch our legs or test our
skill against an elk. It's where we show our kids the joys of sleeping
under the stars. It's where we go to seek some solitude.
Nearly a century after President Roosevelt urged stewardship of our
public lands as a gift for those who will follow us, another Republican
president echoed that view. At the dedication of the National
Geographic Society's new headquarters in Washington, DC on June 19,
1984, President Ronald Reagan said, ``. . . we want to protect and
conserve the land on which we live--our countryside, our rivers and
mountains, our plains and meadows and forests. This is our patrimony.
This is what we leave to our children. And our great moral
responsibility is to leave it to them either as we found it or better
than we found it.''
We thank you for your leadership on this critical issue.
Sincerely,
William Schudlich, State Council Chairman, Trout
Unlimited, NM.
Toner Mitchell, President, Truchas Chapter, Trout
Unlimited.
Doug Palmer, Interim President, Enchanted Circle
Chapter, Trout Unlimited.
Jeremy Vesbach, Executive Director, New Mexico
Wildlife Federation.
Oscar Simpson, Chair, Backcountry Hunters &
Anglers, NM Chapter.
Ben Brown, New Mexico Field Representative,
Theodore Roosevelt Conservation
Partnership.
Dr. Sanford Schemnitz, Chair, Southwest
Consolidated Sportsmen.
Jesse Deubel, Chair, United Bowhunters of New
Mexico.
Ronald Loehman, Conservation Chairman, NM Trout.
Jim Bates, President, National Wild Turkey
Federation, NM Chapter.
______
Statement of the National Ski Areas Association & Vail Resorts, on S.
382
Chairman Wyden, Ranking Member Barrasso and members of the
Committee, thank you for the opportunity to provide written testimony.
On behalf of Vail Resorts and the National Ski Areas Association we are
pleased to provide the following testimony in support of S. 382, the
Ski Area Recreational Opportunity Enhancement Act.
NSAA has 121 member ski areas that operate on National Forest
System lands. These public land resorts are in the states of Arizona,
California, Colorado, Idaho, Montana, Nevada, New Hampshire, New
Mexico, Oregon, Utah, Vermont, Washington and Wyoming. Vail Resorts
owns and operates six resorts in Colorado, Nevada and California of
which five are located on public lands.
At the outset, we would like to thank Senators Udall and Barrasso
for their leadership on this bill.
background
Public land resorts work in partnership with the U.S. Forest
Service to deliver an outdoor recreation experience unmatched in the
world. Our longstanding partnership--dating back to the 1940s, is a
model public-private partnership that greatly benefits the American
public. The recreation opportunities provided at public land resorts
help benefit rural economies, improve the health and fitness of
millions of Americans, provide kids and families great outdoor
experiences and promote appreciation for the natural environment.
In addition to the recreation benefits that ski areas provide
throughout the year there are economic benefits that must be
considered. Resorts are frequently one of the largest employers in the
rural regions in which they operate, providing important employment and
other economic opportunities for their local population base. The
presence of resorts provides a critical component of the economy in
many areas of the country.
Over the past five years, we have averaged 58.6 million skier/
snowboarder visits annually, and about 60% of those visits occurred on
public land. Yet ski areas occupy less than one-tenth of one percent of
Forest Service lands.
Ski areas are the perfect place to accommodate these large numbers
of forest visitors and not just in the winter. It is important to
remember that ski areas are developed sites. They inspire appreciation
for the natural environment, but they also represent a built
environment that is accessible and convenient for visitors. Ski areas
already have the parking lots, bathrooms, trails and other facilities
to accommodate millions of summer visitors. Use of developed ski areas
during all times of the year allows the Forest Service to provide
recreation opportunities to millions of visitors in a controlled and
mitigated environment thus alleviating the impacts elsewhere on the
forests.
summer and year-round activities
Summer and year-round activities are not new to ski areas. Resorts
across the country have offered summer activities for decades, with
scenic chairlift rides dating back to the 1960s. These activities
include mountain biking, scenic chairlift rides, hiking, ziplines,
alpine slides, climbing walls, Frisbee golf and others. Until very
recently, the authorization of summer activities at public land resorts
occurred without issue. Many ski area special use permits reference
``year-round'' or ``four season'' resorts. The Forest Service Manual
expressly encourages the year-round use of resort facilities. Even
Congress recognized the four-season nature of resorts back in 1996 by
including the term ``gross year-round revenue'' in our fee system (16
U.S.C. 497c). Resorts have acted in reliance of these authorities, and
the federal government has collected fees on summer activities, for
decades.
So why are we here? NSAA strongly supports S. 382 to create a
national comprehensive approach to growing seasonal and year-round
recreational opportunities. Such an approach will provide for more
consistent decision making and more accurately reflect what is now
taking place at modern four-season resorts.
Summer and year-round recreation can transform ski areas and their
rural communities from single season destinations into year-round
destinations. Year-round visitation increases year-round employment
opportunities in rural resort communities, creating a more stable
workforce and local economy. It should also be noted that public land
resorts generate permit fees for the Forest Service from all revenues
generated by activities at ski areas. The Congressional Budget Office
confirmed this last point in the 111th Congress stating that the bill
would not negatively impact the federal budget and that it will
minimally increase receipts to the Treasury.
We believe that there is great potential for resorts to expand
their offerings of seasonal and year-round recreational activities.
According to NSAA statistics, the average resort's non-ski season
operations account for just 6.9 percent of overall revenues
illustrating this point. S. 382 could prove to be an economic boost to
many rural areas improving local employment, food and beverage
receipts, lodging and providing gateway access to the public's
enjoyment of their public lands.
the bill
Specifically, S. 382 clarifies the Forest Service's authority to
permit appropriate seasonal or year-round recreational activities and
facilities subject to ski area permits issued by the Secretary under
section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b). The bill is also an opportunity to update the language used to
describe snow-sports to better reflect the wide range of snow sports
(including snowboarding, snow-biking, etc) taking place at modern ski-
areas. NSAA notes and appreciates the discretion and guidance the bill
provides to the Secretary to make site-specific decisions on
appropriate activities and facilities that are natural resource-based,
outdoor developed recreation that harmonize with the natural
environment of the public lands.
In the 110th and 111th Congress, the Administration testified in
support of the bill and stated that further clarifications would assist
the Forest Service in its interpretation and implementation of the
bill. During consideration in the 111th Congress the legislation was
amended with the input of the National Ski Areas Association, U.S.
Forest Service, committee staff and other stakeholders. The bill as you
see it today reflects those amendments as agreed to in the Senate in
the 111th Congress and enjoys the continued support of the U.S. Forest
Service.
Thank you for your consideration of S. 382 and our written
testimony. This bi-partisan, no-cost and non-controversial legislation
is important to ski areas across the country and we encourage its swift
passage.
______
The Wilderness Society,
May 27, 2011.
Hon. Jeff Bingaman,
Chairman, Senate Committee on Energy and Natural Resources, 304 Dirksen
Senate Office Building, U.S. Senate, Washington, DC.
Dear Chairman Bingaman:
On behalf of The Wilderness Society, I am writing to offer our
views on the bills indicated below that were the subject of the
Committee's hearing on May 18, 2011. The Wilderness Society is the
leading public-lands conservation organization working to protect
wilderness and inspire Americans to care for our wild places. Founded
in 1935, and now with more than 500,000 members and supporters, TWS has
led the effort to permanently protect 110 million acres of wilderness
and to ensure sound management of our shared national lands. I ask that
this letter be made a part of the hearing record.
s. 220--the oregon eastside forests restoration, old growth protection,
and jobs act of 2011
S. 220 covers nearly 10 million acres of National Forest lands in
eastern Oregon, including all the Oregon National Forests not under the
jurisdiction of the Northwest Forest Plan. Key goals of the legislation
are to protect old-growth forests and to expedite restoration projects
that will generate higher volumes of timber for local mills. Similar to
S. 2895 (considered in the 111th Congress), S. 220 is a complex bill,
with many components and directives to the Forest Service. Key elements
include establishing an Eastside Forest Scientific and Technical
Advisory Panel, requiring an Eastside Landscape Forest Restoration
Assessment, and requiring Ecological Restoration Projects for each
National Forest in eastern Oregon. A significant change in S. 220 is
that the legislation--including the protection of old-growth forests--
sunsets after 15 years, with the intent that the bill is a 15 year
pilot/experiment.
In The Wilderness Society's written testimony on S. 2895, we were
generally supportive of the collaborative nature and intent of the
proposed legislation, but we did outline several concerns. We are
pleased that many of those concerns have been addressed in S. 220.
However, two issues are still of concern in S. 220.
1) Salvage logging and the role of fire as a common and
natural ecological force in the area covered by the legislation
are not addressed. The pressures for salvaging large saw-timber
after a fire has occurred are inevitable in this fire-prone
landscape and are one of the most polarizing issues in the
region. We understand the complexity of this issue makes it
difficult to deal with in legislation. But we also recognize
that until we effectively address the issue of post-fire
salvage, the authentic collaboration desired in this
legislation will be difficult to achieve.
2) Each Ecological Restoration Project under Section 8 may be
subject to a pre-decisional objection process used for projects
authorized by the Healthy Forest Restoration Act (HFRA). We are
concerned the HFRA objection process limits the ability for
citizens to raise legitimate grievances with federal agency
decisions. We do not see any advantage over the standard
administrative appeals process.
We commend Senator Wyden for convening discussions and negotiations
that resulted in this legislation. We appreciate and support Senator
Wyden for recognizing the urgency for forest restoration projects in
eastern Oregon, and for not including a mandatory timber volume or
mechanical treatment level. We understand the careful negotiation that
was necessary for moving this bill forward, and we are pleased the
Senator continues to reach out to the public for suggestions to improve
the legislation. We are encouraged by the discussions that led to this
bill, and we hope that its eventual enactment and implementation can
lead to increased collaboration and trust among stakeholders, so that
unresolved issues such as salvage logging can be effectively addressed.
s. 322--the alpine lakes wilderness additions and pratt and middle fork
snoqualmie protection act of 2011
We are pleased to express our strong support for S.322. The lands
and waters proposed for protection under the current legislation are
critical additions that enhance the world class conservation and
recreation opportunities in the North Cascades region of Washington
State and therefore increase the quality of life for nearby
communities. We sincerely thank Senator Murray and Representative
Reichert for introducing this important legislation and the other
members of the Washington delegation who have cosponsored the bills:
Senator Cantwell and Representatives Dicks, Inslee, McDermott, and
Smith. In particular, we applaud Representative Reichert's initiative
to protect wilderness-quality lands and the Pratt River in his district
and to Senator Murray for adding protections for portions of the Middle
Fork of the Snoqualmie River to the overall proposal.
In addition to the fitting complement that this proposed
legislation offers to the decades' long citizen efforts in the region,
TWS would like to emphasize the importance that this legislation holds
for the safety and economy of gateway communities as well as for
preserving recreational opportunities. The protected lands will provide
a safety net for fish and wildlife, clean water, store water that could
otherwise cause a flood threat, and allow for continued recreational
use by hunters, anglers, hikers, and others, so close to a large urban
population. The proposal represents a significant addition to the low
elevation protections in Washington State which hold high value for
conservation as well as recreational opportunities. The legislation
under consideration enjoys broad-based community support, including
over 100 local elected officials, religious leaders, hunting and
angling groups, recreation groups, conservation groups, and local
businesses, including 100 from the Snoqualmie Valley--closest to the
proposal. Through this collaborative approach, the Senator was able to
minimize conflicts and gain support by blending a wilderness bill with
complementary wildlands designation protections of Wild and Scenic
Rivers. As a result, this bill is supported by the local biking group,
the Evergreen Mountain Bike Alliance and the International Mountain
Bicycling Association.
s. 607--the cathedral rock and horse heaven wilderness act of 2011
The Wilderness Society strongly supports S.607, which would
designate two new areas -over 17,000 acres--as part of our National
Wilderness Preservation System. The bill also directs three land
exchanges to occur between private parties and the federal government.
The bill will help the public to better access and enjoy the Wild
and Scenic John Day River by consolidating ownership through land
exchanges enabling additional access to the river. The legislation also
creates a large block of wilderness quality land, while helping
eliminate trespassing occurring both on the current BLM lands, and the
private landowners land. The two Wilderness designations include a
diversity of habitat types including grasslands, riparian areas, shrub
steppe and forests. They also provide important habitat for threatened
summer steelhead and Chinook salmon as well as other sensitive species
including the John Day pincushion, Western Toad, pygmy rabbits, and
Ferruginous hawks. The Wilderness proposal provides important wintering
habitat for mule deer and Rocky Mountain elk. Over four miles of the
Wild and Scenic John Day River would be added to public ownership. The
land exchanges would be subject to appraisal (using Uniform Appraisal
Standards) and will be equal value. The land consolidation will enhance
the wilderness qualities of the Wilderness designations, and will
improve the manageability of the lands involved.
The Cathedral Rock Wilderness proposal will protect over 8,000
contiguous acres of amazing scenic vistas, recreational areas, and fish
and wildlife habitat along the John Day Wild and Scenic River.
Currently, this area is a checkerboard mix of public and private lands,
making management and public access difficult. Through the exchanges
proposed in this legislation with key private landowners, valuable
public lands will be consolidated along the river and four new miles of
public river access will be created for hunters, anglers, and
recreationists.
The proposed Horse Heaven Wilderness provides nearly 9,000 acres of
wilderness to protect a beautiful landscape of sagebrush and grassland
habitat for mule deer, elk, John Day pincushion cactus, and a number of
other sensitive plants and animals. This area provides outstanding
opportunities for primitive recreation and solitude.
The proposed Cathedral Rock and Horse Heaven Wilderness areas will
be outstanding additions to the National Wilderness Preservation
System. The land exchanges will benefit the public by consolidating
public ownership and providing the public with high resource value
lands such as the John Day River properties. We thank Senator Wyden for
his leadership on this proposal, and offer our support of having this
legislation signed into law.
s. 667--the rio grande del norte national conservation area
establishment act
S. 667 would protect 21,000 acres of wilderness and 236,980 acres
as a National Conservation Area. The Wilderness Society fully supports
this legislation and commends its sponsors, Senator Jeff Bingaman and
Senator Tom Udall, for their foresight and vision in protecting this
national treasure.
The legislation would ensure protection of some of the most
spectacular and ecologically significant lands in the state of New
Mexico. One of the most striking features of the area is Ute Mountain,
the highest point on New Mexico Bureau of Land Management land. Ute
rises up from the surrounding sage plain to an elevation of 10,093
feet. The legislation would protect the upper reaches of the Rio Grande
Gorge, known as one of the world's great avian migratory routes.
Eagles, falcons and hawks nest on the walls of the Gorge and numerous
species--including majestic sandhill cranes--migrate through the area.
Wilderness protection assures the ecological future of these incredible
birds, as well as important game species like pronghorn and elk.
The legislation would also safeguard world-class recreation
opportunities, such as rafting, hiking, hunting and fishing. Grazing
and vehicle and utility access would continue in already-existing
areas, and water rights would not be affected.
Wilderness is crucial to a healthy North-Central New Mexico
economy. Wild areas are prized for hunting and fishing, and New
Mexico's hunters and anglers together spend $326 million annually
pursuing these sports and support some 8,000 jobs. The Taos Chamber of
Commerce, Mora Valley Chamber of Commerce, Taos County Commission and
more than 100 local businesses support designating the area as a
national conservation and wilderness area.
s. 766--devil's staircase wilderness act of 2011
The Wilderness Society strongly supports S. 766, which would
designate approximately 30, 540 acres of National Forest and BLM lands
in the central Oregon Coast Range (north of the Umpqua River and south
of the Smith River) into the National Wilderness Preservation System.
It would also include about 10.4 miles of Wasson and Franklin Creeks
into the National Wild and Scenic Rivers System.
The Devil's Staircase area of Oregon is extremely rugged and
remote. One guide book describes the terrain as so rugged that only a
``handful of mortals have penetrated Wassen's Creek central canyon''.
It contains rare old growth forests and provides critical habitat for
northern spotted owls and marbled murrelets, which are listed as
threatened species under the Endangered Species Act. The proposed
Wilderness has a cascading waterfall and is heavily forested. Other
fish and wildlife habitat found here include habitat for Coho and
Chinook salmon, elk, black bear, mountain lion, otter and mink.
Designating the Devil's Staircase proposal will enhance the National
Wilderness Preservation System and provide for additional recreational
opportunities for the central Oregon coast.
We commend Senator Wyden for sponsoring this legislation, and offer
our strong support for getting this bill enacted into law.
Sincerely,
William A. Meadows.
______
statement of janet e. dodson, marketing director, eagle cap excursion
train
Thank you for considering the proposal that will lead to the
restoration and conversion of a historic Forest Service property to an
interpretive facility that preserves and presents an important and
unique aspect of the Wallowa Community's heritage. The Maxville
Cultural Heritage Interpretive Center highlights a slice of history
that infused the community with a set of new residents who added
richness and diversity to a remote area. Their experience and the
impact on the lives of residents has garnered lots of media and public
attention and the story has only begun to be told.
As a former long tenure destination marketing professional, now
contracted to promote individual attractions in northeast Oregon and
involved as a volunteer for other attractions and community events, I
know the economic and social value of bringing visitors to small
communities. With the demonstrated solid leadership in place for this
project and the public interest in the topic, the Maxville Heritage
project will become a major attraction for the community of Wallowa and
for the surrounding region. It's position along the Hells Canyon Scenic
Byway--designated an All-American Road in 2000 and in the process of
completing its interpretive plan--will tie the center into cooperative
marketing activities that reach across the country and internationally.
The resulting influx of visitors will bring economic stimulus to the
surrounding communities and will provide a venue for telling this story
of historical significance. It seems the perfect use for property no
longer needed by the federal government.
______
statement of alice trindle, executive director, eastern oregon visitors
association, on s. 409, s. 782, s. 874, s. 1139 and s. 1140
Thank you for consideration regarding the conveyance of the USFS--
Wallowa Compound, located in Wallowa County, Oregon, for use as the
Maxville Heritage Interpretive Center. The Board of Directors of
Eastern Oregon Visitors Association strongly believe that the value of
restoring and utilizing Wallowa Compound's historic structures for a
historic public accessible hub, will assist the little town of Wallowa,
Oregon in creating economic sustainability. With this conveyance of
ownership and a renewed dedication of this public structure and the
surrounding landscape will create a visitor attraction that will be of
compelling value to the USFS, the City of Wallowa, and region.
The Wallowa Compound is a unique property, and the relevance to the
Maxville Heritage Interpretive Center proposed to reside within its
historic structure is unlike any heritage multicultural themed
Interpretive Center. The rich cultural history of the area, including
Aftican Americans, along with diverse oral history accounts, artifacts,
will ultimately be on display. Within the Oregon Public Broadcast
segment in February of 2009, viewers and potential visitors learned of
the little known history regarding the 40 to 60 African Americans
railroad loggers that lived and raised families in the far northeast
corner of Oregon. Other groups migrated, homesteaded or moved to this
area for a better opportunity too. This rich cultural heritage deserves
to told.
This legislation ensures the Wallowa Compound, which is a historic
architectural structure, will be restored. The State Oregon Historic
National Registry is holding a public hearing June 24th to consider the
significance. Regionally the site is under consideration to be added to
the Hells Canyon Scenic Byway Interpretive Plan with the Maxville
Cultural Heritage Center to include panels focused on Maxville's
historical significance. Additional permanent exhibits relating the
history of forestry, logging and railroad industry are also planned.
This facility is ideally located to create a visitor and cultural
center for residents and travelers alike. It will provide a unique
window into the past of this region, and a cultural view that is rare
in the state of Oregon, ultimately attracting visitors with many
interests and educating a broad variety of people. The physical
location is immediately off the primary highway delivering visitors to
the area.
The Civilian Corp built the Wallowa Compound in the early 1900's as
part of America's great come-back in a time of economic need. We are
asking that you revitalize this effort, and allow us to preserve, study
and celebrate the relevance the this unique cultural story. The
Maxville Heritage Center will bring a renewed enthusiasm to the
community's collective resources and ultimately assist in providing
economic sustainability. Thank you for your consideration.
______
Statement of Jesse B. Abrams, Corvallis, OR, on S. 271
I am writing in support of S. 271, a bill that would convey an
unused U.S. Forest Service property in Wallowa, Oregon to its original
and rightful owner, the city of Wallowa. Doing so would allow for the
city to lease the space to the Maxville Heritage Interpretive Center, a
nonprofit outreach and educational center focused on sharing the
history of the former logging community known as Maxville. Active in
the 1930s and 1940s, Maxville was a racially diverse logging community
located north of the town of Wallowa, and its history of both racial
segregation and interracial cooperation is an important one that
contains lessons not only on America's past but also for its future.
The installation of an interpretive center in the rural, economically
depressed town of Wallowa would provide a much-needed cultural
attraction, promoting local economic activity.
The former U.S. Forest Service structure in question has been
sitting idle for many years, providing no benefit to the local
community, and it is clear that the U.S. Forest Service has no
intention of rehabilitating or reinhabiting this structure. The best
interests of the community would clearly be served by allowing the
Maxville Heritage Interpretive Center to restore and convert this
building for public use. Doing so would provide a source of local
pride, a source of community income, and would allow an extremely
important American story to be told. This is a win-win for the local
community and for the nation as a whole.
I strongly encourage you to treat S. 271 favorably. Thank you for
your consideration of this important piece of legislation.
______
Statement of Todd Davidson, CEO, Travel Oregon, Salem, OR
Thank you for considering the proposal before you that would convey
the Wallowa Forest Service Compound to the City of Wallowa (City). It
is the City's intent to convert this historic Forest Service property
to an interpretive facility that will highlight an important time in
history for this rural community. The proposed Maxville Cultural
Heritage Interpretive Center (Center) will share with visitors a time
when a new set of residents joined the community and added depth and
diversity to this area. The community has been working on this idea for
a number of years as a potential long-term visitor attraction strategy.
During our recent tourism economic development workshops (Rural Tourism
Studio program) held in Wallowa County, the participating citizens from
the area highlighted this project as one of their key objectives.
It is also important to note that this project would be along the
Hells Canyon Scenic Byway which was designated as an All American Road
in 2000. This byway is completing its interpretive plan which will
connect the Maxville Cultural Heritage Interpretive Center to the
scenic byways' domestic and international cooperative marketing
efforts. Once complete, the Center will have the opportunity to share
its story with visitors from all around the globe bringing economic
uplift to the communities in the region.
Please support the proposal before you. Thank you again for
considering our request.
______
Statement of Jenn Dice, Director of Government Affairs, International
Mountain Bicycling Association, on S. 220, S. 270, S. 270, S. 271, S.
278, S. 292, S. 322, S. 382, S. 427, S. 526, S. 566, S. 590, S. 607, S.
617, S. 683, S. 684, S. 667, S. 729, S. 766, S. 896, and S. 897
Mr. Chairman and Members of the Committee, thank you for the
opportunity to express our support for S. 322, the Alpine Lakes
Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers
Protection Act. This Act is the culmination of years of local
collaboration and effort to protect treasured wild places where
Washingtonians and visitors from around the country seek solitude and
adventure.
Founded in 1988, the International Mountain Bicycling Association
(IMBA) leads the national and worldwide mountain bicycling communities
through a network of 80,000 individual supporters, 750 affiliate clubs,
and 600 dealer members. IMBA teaches sustainable trail building
techniques and has become a leader in trail design, construction, and
maintenance; encourages responsible riding, volunteer trail work, and
cooperation among trail user groups and land managers. Each year, IMBA
members and affiliated clubs conduct more than one million hours of
volunteer trail stewardship on America's public lands and are some of
the best assistants to federal, state, and local land managers.
Wilderness designations are a difficult issue for IMBA and mountain
bicyclists. On one hand we want to preserve the beauty and experience
of wild landscapes. On the other hand, federal land management agencies
interpret the Wilderness Act of 1964 to prohibit the use of mountain
bicycles. Our decision to support a Wilderness proposal or bill is not
one we take lightly. Only when we have worked with the Wilderness
proponents to develop win-win solutions can we fully support the
designation.
The boundaries of the Alpine Lakes Wilderness Additions have been
carefully drawn to exclude the popular Middle Fork Trail that will be
within the Wild and Scenic River corridor. This will allow the mountain
bicycling use that is currently permitted to continue while protecting
the recreational, wildlife, and fishery values that the river provides.
The wilderness boundary also excludes Alpental ski area and roads used
to access the area. This careful attention to detail in drawing the
boundaries and considering the diverse recreational opportunities the
public enjoys can continue, while at the same time preserving the
extensive wilderness compatible uses has created a broad base of
support for this Act.
The Alpine Lakes Wilderness is the backyard wilderness for hundreds
of thousands of Washingtonians who enjoy the recreational opportunities
these lands provide and represent an enduring resource for all those
who enjoy time spent in nature. The lands of the Middle Fork Snoqualmie
and South Fork Snoqualmie valleys and the rivers themselves represented
the bill are less than an hour drive from the homes of our members
around Puget Sound. They are accessible to a population of more than
three million people and attract visitors from across the nation. Few
places in the country have such an incredible resource that is so
accessible. We applaud your efforts to protect this resource for future
generations and commit to work as partners in the long-term stewardship
of these lands.
As demands on public lands continue to increase the areas that have
been preserved for their recreational assets will continue to support
local business. Wilderness additions created through the same local
process and careful boundary definitions help to ensure that towns like
those near the Alpine Lakes area, and the Wenatchee National Forest
will continue to reap the benefits of a healthy recreation economy.
We look forward to the day when we can join you in celebrating new
Wilderness acres and Wild and Scenic Rivers for the Alpine Lakes, and
are excited to continue working with you to preserve our recreation
legacy.
______
Statement of Jeff Chapman, on S. 322
Senator Cantwell mentioned in her testimony that horseback riding
is important in the Alpine Lakes area. This is very true not just for
this area but throughout the federal, state, and private land systems
in Washington State. Furthermore, equestrian related activities and
ownership account for a sizable portion of the state economy, from hay
farmers to training stables to the new Washington State Horse Park in
Cle Elum, a community near the Alpine Lakes Wilderness. Wilderness
proponents like Aldo Leopold and Theodore Roosevelt were avid and
experienced horse riders. Backcountry Horsemen of Washington remains
today a major partner of our public land agencies. We pack supplies,
tools, and crews in and out of wilderness and non-wilderness areas. We
practice strong environmental ethics across the public land domain.
As one of the major recreation groups that are permitted into
designated wilderness, we remain perplexed that we were shut out of the
``collaborative'' process in the campaign to achieve introducing this
bill and move it forward. This is problematic with a number of bills
promoting wilderness designations that don't first go through an agency
public process. The federal legislative ``public process'' often is
much more based on special interest screening. It is safe to say that
our biggest complaint is one of not being given any consideration when
we tried to give input on the development of the various Pratt bills
introduced by the House and later by the Senate.
One champion of inclusive processes in the agencies is none other
than the new USFS Associate Chief, Mary Wagner. It was uplifting to our
organization to see Ms Wagner present the USFS position on this bill as
she has been a friend to all of the recreation community including
horse and stock users when she was Regional Forester for Region 6 USFS.
Our loss is Washington DC's gain. Associate Chief Wagner is someone we
trust.
We would like to ask that the amendments suggested by the USFS be
implemented. Please exclude the first 3 miles of the Pratt Valley trail
from wilderness designation. One of the most difficult issues for pack
and stock trail volunteers is the inability to use chainsaws to clear
trails in USFS wilderness even though chainsaws are supposed to be
allowed as a minimum tool necessary for administration. Indeed this was
one of the public selling points for the Wild Sky Wilderness by Senator
Murray. However, the truth is that the use of chainsaws, even in a
specific annual managed window of time, is very difficult to get
permission for operating in USFS wilderness areas partially due to a
cultural history of successful opposition by NGO groups. The reason
this is a bigger deal for horsemen than hikers is that logs across a
trail can put your animals at serious risk of injury or block passage
since stock cannot scramble over logs. With shrinking budgets, there
are fewer available crews, both volunteer and paid, that are able to
clear trails effective by crosscut saws alone.
Another option with this problem is to put stronger language in the
bill clarifying the minimum tool use similar to the National Park
Service standard. We would like to see the following language in this
bill.
(3) OTHER ADMINISTRATION--
(A) IN GENERAL-In accordance with the Wilderness Act
and subject to any terms and conditions determined to
be necessary by the Secretary, within land designated
as wilderness by subsection (a)--
(i) HORSEBACK RIDING--Nothing in this
subtitle precludes horseback riding in, or the
entry of recreational or commercial saddle or
pack stock, and
(ii) TRAIL MAINTENANCE--In accordance with
House Report 95-540 of P.L. 95-237, 1978, the
use of minimum tools for administration are
recognized which provide for access while
enhancing wilderness character.
As with the USFS Forest Service comments, we would like to see the
DNR parcels excluded from being included within the wilderness
boundary.
Similar to the USFS concerns, we would like remaining roadbeds
within the proposed boundaries fully decommissioned and restored to a
condition that best meets the intent of the 1964 Wilderness Act in that
all included areas have wilderness characteristics. We do have strong
concerns about designating logged over lands as wilderness since these
areas clearly do not meet the intent of the Wilderness Act except in
limited situations in order to prevent cherry stemming. This appears to
be the case with this bill but all effort should be made to bring the
lands of concern up to pristine condition.
Finally, we are concerned about the designation of the Middle Fork
Snoqualmie River that is adjacent to the Middle Fork Snoqualmie River
Road as ``scenic'' under the Wild and Scenic Rivers Act. We would
support a designation of ``recreation''. In Washington State, many of
the major arterials that access trail systems are in river drainages.
Weather conditions being what they are, washouts and slides are
commonplace. However it has become increasingly difficult to complete
the engineering and secure funding for maintaining roads, and adding a
federal protective designation to the area that a road prism is in just
makes it that much more difficult to complete all of the steps needed
to repair a road. Currently Washington has unrepaired sections of major
trailhead access roads that date back to 2003. One, the Suiattle River
Road, is under legal challenge by NGO groups, and a reason stated is an
existing Wild and Scenic River designation for the river. These types
of challenges, successful or not, make us take a hard look at
protective restrictions being placed on an area that includes a major
road prism, particularly for either the ``wild'' or ``scenic''
categories of the Wild and Scenic River Act.
Thank you for providing an opportunity for BCHW to give comment on
this bill.
______
The Confederated Tribes of the Warm Springs Reservation of
Oregon,
Warm Springs, OR, May 18, 2011.
Hon. Ron Wyden,
Chairman.
Hon. John Barrasso,
Ranking Member, Committee on Energy and Natural Resources, Subcommittee
on Public Lands and Forests, SD-304 Dirksen Senate Office
Building, U.S. Senate Washington, DC.
Dear Chairman Wyden and Ranking Member Barrasso:
As Chairman of the Tribal Council of the Confederated Tribes of the
Warm Springs Reservation of Oregon (CTWSRO or Tribes), I am writing to
express the CTWSRO's opposition to S. 607, the ``Cathedral Rock and
Horse Heaven Wilderness Act of 2011.'' I ask that this statement be
recorded in the Subcommittee's May 18, 2011 hearing record on S. 607.
We oppose S. 607 because it is not addressing our Tribe's ancient
and extensive rights and interests in the area. More specifically, the
CTWSRO objects to--
1) The haste with which S. 607 is being advanced, overriding
CTWSRO's issues and expressions of concern;
2) The lack of any customary federal wilderness study or
inventory, which is essential for the CTWSRO to make informed
decisions about the bill;
3) The placing at risk CTWSRO's historic resources
(archeological and cultural treasures);
4) The elimination of thousands of federal acres upon which
we rely to exercise our Treaty rights;
5) The lack of access to the remaining federal lands in the
area, upon which we also rely to exercise our Treaty rights;
and
6) What appears to be no consensus among stakeholders in this
legislation.
The lands involved in S. 607, south of the hamlet of Clarno on the
western side of the John Day River and Basin, Oregon, are fully within
the territory ceded by our Tribes in the Treaty of Middle Oregon of
June 25, 1855. It is, in fact, at the heart of our territory since time
immemorial, and is subject to our Treaty's perpetual reserved rights to
hunt, gather roots and berries, and pasture our stock on all unclaimed
lands within the Treaty territory. Our Tribes have always been
principal occupants of the area, and continue so today, with CTWSRO
individual and Tribal trust allotments throughout the vicinity. We have
Treaty fishing rights in the John Day River and treaty fishing sites
along the River. We are also principal land owners, as exemplified by
the Pine Creek Conservation Area just north and across the John Day
River from Cathedral Rock.
The Tribes are very engaged land managers in the area. Pine Creek
Conservation Area is managed for a wide range of conservation purposes.
It is a key piece of property around which the Spring Basin wilderness
was established just two years ago. The Tribes were a significant party
in the Spring Basin legislation, actively participating and
collaborating in that effort with other parties, such as the Oregon
Natural Desert Association (ONDA), who today, in pursuing Cathedral
Rock--Horse Heaven, cite Spring Basin as a prime example of how well
they work with others on wilderness issues.
Customarily the CTWSRO supports wilderness and is pleased to work
cooperatively in its development and passage, as exemplified by the
Spring Basin wilderness, the Oregon Badlands wilderness, the Mount Hood
wilderness, the upper John Day wilderness, and numerous other
wilderness and public lands undertakings. Within our own Reservation,
where we rely on timber harvest as a principal source of tribal revenue
and employment, we manage for sustainability and have set aside many
thousands of acres as our own wilderness designation.
Yet the proponents of the Cathedral Rock--Horse Heaven wilderness
and land consolidation proposal did not properly inform the CTWSRO of
their plans or invite us to participate in the proposal's development,
particularly in the critical early stages when land transactions were
being proposed and ultimately settled upon. Such exclusive conduct
threatens our Treaty resources and sensitive environmental values for
the potential benefit of commercial interests.
This quiet, private development of the proposal is underscored in a
Cathedral Rock--Horse Heaven article on ONDA's website at http://
onda.org/defending-desert-wilderness/john-day-wilderness that says,
paraphrasing, that people long familiar with the John Day area maybe
hadn't heard of these two new ONDA-proposed wilderness areas, because,
as ONDA states, ``they existed before only as topographical features.''
Certainly, they have never been identified as federal wilderness study
areas, nor have they received any comprehensive inventory and impact
evaluation.
In getting together privately to allocate the lands for exchange,
the proponents had to be very aware of CTWSRO interests in the area.
ONDA has extensive experience working with the Tribes on wilderness
issues just across the River on Spring Basin, and the proponents'
Cathedral Rock-Horse Heaven proposal information packet, under a Warm
Springs heading, notes that there are ``several known cultural sites in
the area.'' The ONDA website article on the proposal is even more
specific, stating ``the history of the area also is rich and
intriguing: a significant number of archeological sites, including
pithouse villages, stone tool sites, and rock-art pictographs are
scattered across the landscape.'' Certainly, as the proponents were
extolling the very elements of our history as part of ``an incredible
heritage for public lands recreationists,'' they had to be aware of the
CTWSRO's significant, even compelling, interests in the area. It is
very dismaying to see the proponents actively converting our heritage,
the very elements of our history, to that for public land
recreationists where we were not invited to participate. The proponents
are avoiding the customary wilderness studies and inventories that
would provide us more information about the exact scope of those
interests.
The proponents' determination not to have the CTWSRO at the table
during their development of the proposal is important because, when
they unveiled the proposal to the public and Congress, it was a done
deal, a complete package with all the land transfers already agreed
upon and locked down in maps and equalized valuations. With the
proponents already locked in agreement on how they were divvying-up the
land, there has not been any open and realistic opportunity for other
interested parties, such as the CTWSRO, to engage in any significant
revisions of the transfer of parcels, even if we had been in possession
of an inventory needed for an informed evaluation. After the
essentially finalized proposal was unveiled in late October 2009, the
proponents presented it to Congress in late November 2009 and
legislation was introduced in late January 2010. A hearing, scheduled
for March 2010, was postponed and then reset on short notice in April.
The CTWSRO were not invited to testify, and the BLM did not present or
submit any testimony.
From our Tribes' first knowledge of the Cathedral Rock--Horse
Heaven proposal, we have cautioned its authors about our interests in
the area and urged that a comprehensive study or inventory be
conducted. Last Congress, when the initial Cathedral Rock--Horse Heaven
bill, S. 2963, was proposed for Committee mark-up August 4, 2010, the
CTWSRO wrote the bill's sponsor specifically withholding judgment on
the bill because of its lack of a resource inventory.
The Tribes' concerns about the need for a thorough inventory were
more than confirmed on April 12 of this year when the BLM shared--for
the first time--the raw data of a 1984-85 archaeological sample survey
of the area with the Tribes and Congressional staff in a meeting at
Warm Springs. That data showed at least sixty historic properties
(archaeological and historic) within BLM administered lands within a
portion of S. 607's area, where all of these sites will shift to
private ownership, out of federal protection, pursuant to S. 607.
Please bear in mind this is just a sample survey of the area, and it
was conducted in 1984-85 under standards considerably less rigorous
than today.
When this information was presented, its meaning was clearly
evident to all: that the lands in S. 607 involve a great number of
archeological and cultural sites, including sites of considerable
importance. There was extensive discussion on how to proceed, and it
was generally accepted, we believe, by all in the room, including the
Congressional staff present, that the raw data from the BLM's 1984-85
sample survey should be synthesized into a report, that the report
should be reviewed, and the potential need for a wilderness study or
inventory evaluated before S. 607 moves further. Nobody in that meeting
disputed that understanding. In the meeting, the BLM roughly estimated
producing such a synthesis would take at least three months. On April
29, 2011, the CTWSRO communicated that understanding and time line in a
letter to S. 607's sponsors. Now, it appears to us that the BLM's data,
that the understanding believed to be reached in that April 12 meeting,
and the CTWSRO's April 29 letter on that point, along with all the
CTWSROs' earlier concerns about the same point, have been brushed
aside, because today we are here in a Subcommittee hearing, for the
record, on S. 607.
We are very concerned about the fate that S. 607 poses for our
historic and cultural sites. While vandalism, such as illegal pot
hunting and grave robbing, are issues of national concern for both the
Indian people and various federal agencies, the ONDA website article
cited above touts our archeological sites as tourist attractions, and
many sites we do not know about will likely shift out of federal
protection to the privately owned lands of a heavily utilized youth
camp. Neither of those prospects offer us any comfort, despite the
proponents' half hearted offers to ``work with Warm Springs'' on some
agreement or conservation easement regarding just ``several'' sites.
Without the knowledge of just what and where our sites are on these
lands, we are very reluctant to enter into some deal that, at best,
might offer our history only a fraction of the protection it needs.
Furthermore, the CTWSRO's cultural concerns extend beyond our
archaeological resources. We are equally concerned with the location
and abundance of those natural resources that tribal members are still
utilizing today in the exercise of our explicit Treaty rights.
In addition, we assert that the ``equalization'' of the lands
transferred in S. 607 should be based on more than just money. We
assert that the United States, as our trustee, owes our Tribe an
obligation to preserve the federal acres containing our heritage and
upon which the exercise of our Treaty rights depend. S. 607, instead of
just making sure that the monetary value of the local land owners is
kept equal, should also make sure that the federal acres available to
us are kept equal. The land is important to us. Our Treaty rights to
hunt, gather and graze lose value to us with the loss of each acre of
federal land, and S. 607 is expected to shear off approximately 2,344
federal acres, as upland federal acres considered to be worth less
money are traded away for fewer acres down by the river that are viewed
as more valuable. Those fewer, more recreationally attractive acres
will draw more public recreationists or be traded away to a youth
group, sacrificing larger and less visited tracts that may be important
to our people. Again, the lack of an inventory of the cultural plants
(fiber, food, and medicinal) and wildlife resources that are essential
elements of our Treaty rights further deprives us of the ability to
represent our interests in the area.
In addition to reducing the total number of federal acres available
for CTWSRO Treaty rights, CTWSRO also objects to S. 607 because it
further limits our access to the remaining federal acres in the area.
The upland blocks of federal land are being traded away for fewer acres
either accessible only by river or accumulated in a remote area.
Existing public roads, already insufficiently maintained, could be
closed as they traverse greater stretches of private land. There will
certainly be less reason for the county to maintain the roads or even
keep them open. With Cathedral Rock basically cut off except by boat,
and Horse Heaven available only by a few tentative roads, tribal
members could, as a practical matter, lose Treaty use access to
thousands of additional acres.
Finally, Warm Springs objects to the rush in which the proponents
are seeking to push the Cathedral Rock--Horse Heaven wilderness and
land consolidation proposal through Congress. As ONDA states in its
November 23, 2008 Memorandum for Oregon Congressional Delegation re
Oregon Desert Wilderness--Current and Future Opportunities, ``we know
from our experience with Badlands and Spring Basin, as well as the
Steens Mountain Cooperative Management and Protection Act, wilderness
does not happen overnight'' (emphasis added). It continues that the
Spring Basin wilderness ``exemplified the ability to work with diverse
allies and bring bipartisan interests together to accomplish wilderness
protection'' and how ONDA is ``building support from the ground up--
meeting with landowners and local stakeholders'' on Cathedral Rock and
Horse Heaven. From our perspective, that simply isn't happening here,
just to the contrary of the proponents' claims to patience and
cooperation.
We know of no reason justifying the rushed consideration of S. 607.
We fail to understand why, for the suddenly essential convenience of
several large local land owners and the recreating public, our
ancestral sites have to be put at risk, why customary land inventories
are being denied us, why our Treaty land base has to be diminished, and
why our Treaty access to remaining federal lands is being essentially
foreclosed. Why are these things being taken from us, the Confederated
Tribes of Warm Springs, the oldest inhabitants of the area, when
--the proposal involves land never designated as wilderness study
area,
--there is no customary wilderness inventory that would help inform
interested parties, such as the Confederated Tribes of Warm
Springs, about the extent of their interests in the area,
--outside parties, despite the proponents knowing their significant
interests in the area, were not included in the development
of the proposal,
--the privately developed proposal is presented by its proponents
as a complete, basically unalterable package that is
difficult, if not impossible, for other interested parties
to revise, especially if the other interested parties are
not being provided information customarily provided and
needed for those revisions, and then
--the proponents press hard to speed the proposal through Congress,
seeking to prevent the due deliberation they acknowledge is
the usual case to build consensus on wilderness issues.
The Confederated Tribes of Warm Springs oppose. S. 607, and ask
that it not advance until the issues we raise above are addressed.
Sincerely,
Stanley ``Buck'' Smith,
Chairman.
Statement of the Lower Columbia Canoe Club * The Conservation Alliance
* Oregon Natural Desert Association Friends of the John Day Basin *
Hells Canyon Preservation Council * Siskiyou Project Audubon Society of
Portland * The Wilderness Society * Soda Mountain Wilderness Council
Oregon Hunter's Association, Redmond Chapter * Oregon Wild
Our organizations, representing sportsmen and conservationists
through Oregon, support the passage of S. 607, the Cathedral Rock and
Horse Heaven Wilderness Act of 2011. This bill will consolidate
isolated public lands, increase public access, and protect over 17,000
acres of wilderness in the John Day River basin.
The Cathedral Rock Wilderness proposal will protect 8,322
contiguous acres of amazing scenic vistas, recreational areas, and fish
and wildlife habitat along the John Day Wild and Scenic River.
Currently, this area is a checkerboard mix of public and private lands,
making management and public access difficult. Through the exchanges
proposed in this legislation with key private landowners, valuable
public lands will be consolidated along the river and four new miles of
public river access will be created for hunters, anglers, and
recreationists.
The Horse Heaven Wilderness proposal takes a similar land ownership
pattern and proposes 8,978 acres of wilderness to protect a beautiful
landscape of sagebrush and grassland habitat for mule deer, elk, John
Day pincushion cactus, and a number of other sensitive plants and
animals. This area provides outstanding opportunities for primitive
recreation and solitude.
Taken together, the Cathedral Rocks and Horse Heaven proposals will
increase road access to BLM lands by 1,661 acres and increase river
access to 7,501 acres, thereby doubling the public's access, from 9,112
acres to 18,245 acres. This will provide our members new places to
explore and recreate on large tracts of wilderness.
Patchwork areas of public lands are ineffective in preserving
wildlife species' migration patterns and breeding grounds. By
integrating these areas in this legislation, we will ensure that fish
and wildlife populations are sustained for future generations.
Oregon currently is under-represented for public lands protected as
wilderness. While Idaho, Washington and California have 9, 10, and 15
percent of their state land area protected as wilderness, Oregon only
has 4 percent. Thank you for your continued work to support this
proposal, showing that wilderness protection is an important public
value for our state and our future.
______
June 1, 2011.
Hon. Ron Wyden,
Chairman.
Hon. Jon Barasso,
Ranking Member, Committee on Energy and Natural Resources, Subcommittee
on Forests and Public Lands, SD-304 Dirksen Senate Office
Building, U.S. Senate, Washington, DC.
Dear Senator Chairman Wyden and Ranking Member Barasso:
Thank you for the opportunity to submit testimony regarding Senate
Bill 607 on behalf of Young Life, Cherry Creek Ranch, Antone Ranch, and
the Oregon Natural Desert Association (ONDA). ONDA is a 1,500 member
non-profit organization whose mission is to protect, defend and restore
Oregon's high desert. Young Life is one of the largest Christian youth
organizations in the United States and serves tens of thousands of
children every year. Young Life and Cherry Creek Ranch both own lands
immediately adjacent to the proposed Wilderness areas. The Antone Ranch
in neighboring Wheeler County includes key acreage proposed for
exchange that will augment proposed wilderness areas and improve public
lands management for both the Bureau of Land Management (BLM) and the
US Forest Service (USFS). We support the leadership of Senators Wyden
and Merkley in advancing S. 607, the Cathedral Rock and Horse Heaven
Wilderness Act of 2011.
Cathedral Rock and Horse Heaven are natural treasures that merit
permanent protection as Wilderness. Located on the John Day Wild and
Scenic River, the proposed Cathedral Rock and Horse Heaven wilderness
areas are a tapestry of rolling hills, providing spectacular vistas of
the river and the surrounding landscape. This unique wild area offers a
profusion of desert wildflowers in the spring, along with recreational
opportunities for boaters, hikers, horseback riders, hunters,
botanists, and other outdoor enthusiasts. The area also provides
valuable habitat for a variety of wildlife including Rocky Mountain
elk, cougars, mule deer, bobcats, mountain bluebirds, prairie falcons
and golden eagles.
Over 100 years ago, The Dalles-Canyon City military road agreements
left a checkerboard pattern of BLM lands in this area with over 8,000
acres inaccessible to the public and tribal sovereign nations. This has
created confusion and a legacy of poaching and trespass onto private
lands--a key issue that we hope to resolve with the proposed exchanges
and associated agreements. This proposal was negotiated in a way that
doubles the amount of land available for public use while respecting
the concerns of neighboring private landowners.
One of the two areas, the nearly 8,000-acre Cathedral Rock
Wilderness, will be accessed only via the John Day River. This is not a
new concept in the region. All three wilderness study areas located
downstream of Cathedral Rock, including Northpole Ridge, Thirtymile,
and Lower John Day, are also accessed exclusively by river. In fact,
the greatest demand on public lands in the John Day Basin is for
recreational use on the river corridor. Thousands of boaters and
anglers float this stretch of the river every year. The Cathedral Rock
proposal will expand public ownership by over four miles along the John
Day River and open up numerous new river campsites to the public. At
the same time, the nearby Horse Heaven Wilderness consolidates over
9,000 acres in a way that will provide clearly-marked boundaries along
with two trailheads for parking and recreational camping uses. This
will create additional hiking and hunting opportunities while also
reducing conflicts between public and private lands. The amount of
public land accessible via Gosner Road alone would increase from 7,400
to 9,500 acres; what's more these lands will be configured in a
contiguous block rather than disparate, small parcels that are largely
inaccessible by the public. It is the combination of the Horse Heaven
and Cathedral Rock areas--one featuring road access and another
featuring river-only access--that makes this a winning proposal.
The proposal considered today is the result of years of
collaboration by numerous parties with diverse interests including
neighboring landowners, county governments, conservationists, and
recreationists. As such the proposal accomplishes several important
objectives including: 1) permanent protection of Cathedral Rock and
Horse Heaven as wilderness, 2) consolidation of land ownership that
improves public and private land management, and 3) improved access to
otherwise inaccessible public lands.
This process began from the ground-up; first by addressing concerns
of the adjacent landowners, and then by contacting public land
stakeholders to understand how the identified areas would be utilized.
For example, in August 2009 during early critical stages of the
process, we contacted representatives of the adjacent Pine Creek
Conservation Area and Confederated Tribes of Warm Springs Reservation
of Oregon (CTWSRO) to understand how this proposal might affect them.
As a result, on November 5, 2009 we conducted a follow-up meeting
with CTWSRO in which we agreed to remove from the proposal nearly 1,500
acres of wilderness-quality lands from the east side of the John Day
River due to tribal concerns about future access and use of its
property and ceded lands. This subsequently resulted in a name change--
from Coffin Rock to Cathedral Rock--due to Coffin Rock being removed
from the proposal.
Young Life is committed to working with CTWSRO to address cultural
resource concerns by excluding from consideration discrete parcels with
highly sensitive cultural resources and developing access agreements
and/or conservation easements as necessary to accommodate tribal
concerns. We also recognize the need to appropriately safeguard
cultural resources on BLM parcels slated to be converted to private
ownership. The proponents of this bill remain firmly committed to
supporting CTWSRO's efforts to identify, analyze and permanently
protect these sites from disruption or development. The cultural
heritage of the John Day Basin must be preserved for future
generations.
With a re-organization of public and private lands ownership in the
region, we have recognized the need to understand the values associated
with the affected lands. A November 2008 review of public lands values
in the area was conducted by the BLM for portions of these areas (10 07
13 Horse Heaven OR-054-015 and sub-unit E of 10 07 13 Spring Basin WSA
Additions OR-054-017) and are available at http://www.blm.gov/or/
districts/prineville/plans/inventas.php. In addition, the BLM has for
decades collected data for cultural, historical and botanical resources
that is secured at the Prineville District Office. ONDA also has made
available geo-referenced photo points of the proposed areas to aid
stakeholders in decision making. This information helps establish a
solid foundation for the future evaluation of environmental and
cultural values that will be necessitated by S. 607. We continue to
encourage any stakeholder to contact us to arrange field visits to any
of the sites that may require more in-depth clarification of pertinent
natural resources. We understand there are certain privacy and security
issues involved with cultural resource visits and are willing to
accommodate the CTWSRO as needed.
We believe that this proposal is a worthy representation of the
mutually-beneficial solutions that are possible when diverse
stakeholders come together. One need look no further than the raw
numbers to see the public benefits of this proposal. Prior to the
exchange, the public can access only 9,112 acres of their land via
roads or the John Day River. Once this proposal is accomplished,
available public lands will be expanded to 18,245 acres. That doubles
the amount of land available for public use in the area. Instead of the
public attempting to access to small chunks or narrow swaths of land
that are currently inadequate for activities such as hunting and
hiking, the public will have access to two sizeable blocks of
contiguous land, each totaling thousands of acres. This is a win for
the public, a win for adjacent landowners, a win for the legacy of
public land conservation in Oregon, and we hope you will lend your
support.
All land subject to these exchanges will be appraised by certified
professionals in order to establish objective and quantifiable values.
The end result will be equal land values to ensure that both the public
and private landowners will not unduly benefit nor be short changed at
the expense of the other. Any discrepancy in acreage will be due to the
generally-recognized higher value attributed to river front parcels vis
a vis correspondingly lower-valued upland acreage. Additionally, all
land proposed for exchange will be subject to procedures prescribed by
the National Environmental Policy Act in order to identify and index
all cultural, historical, botanical, HAZMAT, archeological, and land
tenure issues that may need resolving prior to consummating the
exchanges.
Chairman Wyden, thank you for introducing Senate Bill 607. We
strongly support the legislation and look forward to working with your
staff and the Committee to finalize a bill that will consolidate land
management and protect the Cathedral Rock and Horse Heaven areas as
enduring wilderness to be widely enjoyed by generations of people.
Sincerely,
Brent Fenty, Executive Director,
Natural Desert Association.
Rich Ellerd, Ranch Manager,
Oregon YoungLife, Washington Family Ranch.
Matt Smith Shawn Jones, Ranch Manager,
Cherry Creek Ranch Antone Ranch.
______
Jefferson County,
Board of Commissioners,
Madras, OR, May 25, 2011.
Hon. Ron Wyden,
Senator, 223 Dirksen Senate Office Building, Washington, DC.
RE: Cathedral Rock and Horse Heaven Wilderness Act of 2011 (S.607).
Dear Senator Wyden: We are writing to voice our concern about the
current configuration of the Cathedral Rock Wilderness Area. The Board
of Commissioners supported this legislation and sent your office a
letter of support on October 14, 2009 (attached) (originally called
Coffin Rock Wilderness Area). The Board must withhold its support in
its current configuration, since public road access to the Cathedral
Rock Wilderness Area has been modified.
The Board of Jefferson County Commissioners can only support these
wilderness proposals if public access is allowed from the adjacent
public roads as it was presented to us on August 5, 2009. The Cathedral
Rock Wilderness Area, as presented to the Board of Commissioners,
promised public access from the John Day River and from the Muddy Ranch
road.
The Jefferson County Board of Commissioners is in full support of
the consolidation public and private land, but only if it will lead to
equal or increased public access.
The County is willing to discuss with the local land owners a
seasonal closure of the entire length of the Muddy Ranch Road during
adverse road conditions and hunting season. We look forward to speaking
with you further about the current configuration if you have any
questions.
Sincerely,
Mike Ahern,
Chair.
Wayne Fording,
Commissioner.
Attachment
Jefferson County,
Board of Commissioners,
Madras, OR, October 14, 2009.
Hon. Ron Wyden,
Senator, 223 Dirksen Senate Office Building, Washington, DC.
Dear Senator Wyden:
We are writing to encourage you to introduce the Coffin Rock and
Horse Heaven Wilderness legislation, including the proposed land
exchanges. The Jefferson County Commissioners support both of these
wilderness proposals.
One of Jefferson County's most precious resources is our public
lands. Unfortunately, we face limited public access to those lands.
This legislation and the proposed land exchanges will provide better
public access to these areas. This will be a significant means of
attracting visitors to Jefferson County to help support our local
economy.
We look forward to speaking with you further about the proposal if
you have any questions.
Sincerely,
John Hatfield,
Commission Chair.
Mike Ahern,
Commissioner.
Wayne Fording,
Commissioner.
______
Intertribal Timber Council,
Board of Directors,
Portland, OR, May 19, 2011.
Hon. Ron Wyden,
Chairman.
Hon. John Barrasso,
Ranking Member, Committee on Energy and Natural Resources, Subcommittee
on Public Lands and Forests, SD-304 Dirksen Senate Office
Building, U.S. Senate, Washington, DC
Re: Statement submitted for the May 18, 2011 Subcommittee hearing
record on S. 896, the ``Public Lands Service Corps Act of 2011.''
Dear Chairman Wyden and Ranking Member Barrasso:
As President of the Intertribal Timber Council (ITC), I am writing
to express the ITC's support for S. 896, the ``Public Lands Service
Corps Act of 2011,'' and in particular its establishment of an Indian
Youth Service Corps. I request that this testimony be made a part of
the Subcommittee's formal May 18, 2011 hearing record on S. 896.
The ITC is a 35 year old association of 70 forest owning tribes and
Alaska Native organizations that collectively manage more than 90% of
the 18 million acres of timberland and woodland that are under BIA
trust management. Our vision and mission are dedicated to improving the
management of Indian Country's natural resources. We are proud to
announce that with the scholarships we will award this year, we will
have been able to provide over $500,000 to help Indian youth pursue
college degrees in natural resource fields. We view the establishment
of an Indian Youth Service Corps as a vitally important step towards
reconnecting future generations with their lands and cultures.
The Public Lands Service Corps Act of 2011 is a welcome initiative
that would train and employ idle, unemployed and unengaged youth in
natural resource projects intended to address the health and management
crisis afflicting America's natural resources. Over the longer term,
the Act would encourage youth to pursue careers in administering and
managing our collective heritage of America's lands, resources, and
waters into the future.
S.896 is especially important for Indian Tribes. A burgeoning young
population in Indian Country is facing a profound lack of employment
possibilities while cultural foundations are being undermined by a
deteriorating natural resource base. By specifically authorizing Indian
Youth Service Corps programs that can perform work directly on Indian
lands, S.896 focuses the multiple benefits of the Public Lands Service
Corps Act on Indian Country with the essential recognition of tribal
authority over Indian lands and vital spiritual, economic, and cultural
connections to the health of tribal lands and resources.
Through the Indian Youth Service Corps and conservation related
projects on Indian land, the bill establishes a path for increased
tribal involvement in managing the trust estate under the fiduciary
responsibility of the United States.
As we understand the bill,--
Indian Youth Service Corps (IYSC) organizations must be a
``qualified youth or conservation corps'' (QYCC), a defined
term.
The tribe may set up its own QYCC or engage an outside
nonprofit organization's QYCC, so long as the majority of the
participants are Indian youth.
The tribe must pass a resolution describing its agreement
with the QYCC, whether tribal or outside, the tribe or the QYCC
must file an application with the Secretary, and the projects
on tribal land must be approved by the tribe.
The IYSC must meet all QYCC requirements, and all IYSC
participants must meet national standards, including a maximum
(but interruptible) service term of two years.
Service terms for IYSCs are to be established, presumably
within the two-year maximum, in consultation with the affected
tribe or the ``tribally authorized organization'' (Sec.
209(b)(2) of the Youth Conservation Corps Act as amended by S.
896). [NOTE: the term ``tribally authorized organization,''
initially used with regard to IYSCs in earlier iterations of
the legislation, has otherwise been replaced in S. 896 with
``qualified youth or conservation corps.'' ``Tribally
authorized organization'' also appears in S. 896 at the tribal
preference provision (Sec. 204(d)(3)).]
In the national award of cooperative agreements to QYCCs or
competitive grant awards to tribes, preference may be given to
IYSCs in areas where a substantial portion of members are
economically, physically, or educationally disadvantaged.
The Interior Secretary shall set up an IYSC liaison.
The Secretary may hire former IYSC participants on a non-
competitive basis.
We applaud the breadth of ``appropriate natural and cultural
resources conservation projects'' that may be carried out by IYSCs,
including continuation of many forestry activities and extending
coverage to scientific, cultural, and visitor and interpretation
services.
We note that the existing definition of ``Indian lands'' upon which
projects may be conducted does not appear to extend to trust land that
is not reservation land. Tribes generally can acquire land within or
without their reservations in trust, but those lands, which customarily
are not allotments, are not necessarily designated as ``reservation''
land, which can be a separate step, particularly if the land is outside
the tribe's reservation. We suggest you amend S. 896 to have the
definition of Indian lands include a more comprehensive description of
trust land by inserting a new (B) (and relettering (B) through (E)) as
``(B) land title to which is held by (i) the United States in trust for
an Indian, an individual of Indian or Alaska Native ancestry who is not
a member of a federally recognized Indian tribe, or an Indian tribe, or
(ii) an Indian, an individual of Indian or Alaska Native ancestry who
is not a member of a federally recognized Indian tribe, or an Indian
tribe subject to a restriction by the United States against
alienation;''. This definition is taken from the National Indian Forest
Resources Management Act (PL 101-630, Title II, Section 304(10)).
The ITC appreciates the opportunity to provide this testimony. We
hope our comments prove helpful in the Subcommittee's consideration of
S. 896 and ultimate enactment of this important legislation.
Sincerely,
Joe Durglo,
President.
______
National Congress of American Indians,
Washington, DC, May 31, 2011.
Hon. Ron Wyden,
Chairman.
Hon. John Barrasso,
Ranking Member, Committee on Energy and Natural Resources, Subcommittee
on Public Lands and Forests, SD-304 Dirksen Senate Office
Building, U.S. Senate, Washington, DC.
Re: Statement submitted for the May 18, 2011 Subcommittee hearing
record on S. 896, the ``Public Lands Service Corps Act of 2011.''
Dear Chairman Wyden and Ranking Member Barrasso:
The National Congress of American Indians writes to express our
support for S. 896, the ``Public Lands Service Corps Act of 2011.'' The
Act is a welcome initiative that would train and employ young men and
women in natural resource projects to help manage America's natural
resources for future generations, and is supported by NCAI resolution
ABQ-10-090 (attached).*
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* Document has been retained in subcommittee files.
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The Act's establishment of a national Indian Youth Service Corps
(IYSC) and grant program would enable Indian youth to carry out
projects on Indian lands that are shaped and determined by Indian
tribal governments, and would offer tribes and their young people a
wide array of benefits. It would provide tangible rays of hope for
Indian youth, too many of whom are exposed to substance abuse, suicide,
obesity, educational non-attainment, and unemployment.
The IYSC programs would: reconnect tribal youth with their lands
and cultural heritage; foster pride in their peoples, lifeways, lands,
natural resources, and themselves; and create internship and career
opportunities to protect and serve their peoples, governments, lands,
economies, and traditions. Tribal natural resource departments would
receive assistance for their underfunded and understaffed programs, and
train future generations to carry on practices that blend ancestral
traditions with modern techniques.
We offer one suggestion to improve the effectiveness of the IYSC
program. Sec. 207(a) states that IYSC programs can carry out
appropriate natural and cultural resources conservation projects on
Indian lands. (emphasis added). While we believe that the emphasis
should remain on projects on Indian lands, we note that some natural
resources activities undertaken by tribes are on lands adjacent to or
near Indian lands, in collaboration and agreement with other
governments and affected entities, and may involve cultural resources,
sacred sites, treaty rights, and other tribal interests. We ask that
IYSC programs be extended to such lands with the agreement of other
stakeholders with interests in those lands. As ecosystems often
transcend political boundaries and collaboration ever more necessary in
the challenging budgetary context, such projects provide holistic and
effective approaches to natural resources protection.
Positive collaborations between tribes and others already exist
across the country. Tribes in states of Washington and Oregon work
regularly with other entities to protect the health of the rivers,
estuaries, coastal and inland waters. The Pueblo of Jemez and the Santa
Fe National Forest have a memorandum of understanding for collaborative
management of aboriginal lands in the forest.
If the IYSC program were extended beyond Indian lands, tribal youth
will work on projects under the Tribal Forest Protection Act, which
enables tribes to engage in forest restoration of federal public forest
lands adjacent to tribal forests. Tribes with small land bases will
empower their youth to protect sacred sites and other culturally
significant resources located outside reservation boundaries.
Therefore, we ask that IYSC programs be extended to include
conservation projects on Indian lands and on other lands in which
tribes have treaty protected interests, sacred sites, and natural
resources of cultural significance. We understand that this would
require the agreement of those with interests in such lands.
We appreciate the opportunity to provide this testimony. We hope
our comments prove helpful in the Subcommittee's consideration of S.
896 and ultimate enactment of this important legislation.
Sincerely,
Jacqueline Johnson-Pata,
Executive Director.
______
Statement of Gregory E. Conrad, Executive Director, Interstate Mining
Compact Commission, on S. 897
My name is Gregory E. Conrad and I serve as Executive Director of
the Interstate Mining Compact Commission. I am submitting this
statement for the record on behalf of the Interstate Mining Compact
Commission (IMCC) and the National Association of Abandoned Mine Land
Programs (NAAMLP) regarding a legislative hearing on S. 897, a bill to
amend the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to
clarify that uncertified States and Indian tribes have the authority to
use certain payments for noncoal reclamation projects and for the acid
mine drainage set-aside program. Both of the organizations I represent
strongly support this critical amendment to SMCRA.
The Interstate Mining Compact Commission (IMCC) is an organization
of 24 states located throughout the country that together produce some
95% of the Nation's coal, as well as important hardrock and other
noncoal minerals. Each IMCC member state has active mining operations
as well as numerous abandoned mine lands within its borders and is
responsible for regulating those operations and addressing mining-
related environmental issues, including the reclamation of abandoned
mines. Over the years, IMCC has worked with the states and others to
identify the nature and scope of the abandoned mine land problem, along
with potential remediation options.
The NAAMLP is a tax-exempt organization consisting of 30 states and
Indian tribes with a history of coal mining and coal mine related
hazards. These states and tribes are responsible for 99.5% of the
Nation's coal production. All of the states and tribes within the
NAAMLP administer abandoned mine land (AML) reclamation programs funded
and overseen by the Office of Surface Mining (OSM) pursuant to Title IV
of the Surface Mining Control and Reclamation Act (SMCRA, P.L. 95-87).
Mr. Chairman, nationally, abandoned mine lands continue to have
significant adverse effects on the environment. Some of the types of
environmental impacts that occur at AML sites include subsidence,
surface and ground water contamination, erosion, sedimentation,
chemical release, and acid mine drainage. Safety hazards associated
with abandoned mines account for deaths and/or injuries each year.
Abandoned and inactive mines, resulting from mining activities that
occurred over the past 150 years, are scattered throughout the United
States. The sites are located on private, state and public lands.
Over the years, several studies have been undertaken in an attempt
to quantify the hardrock AML cleanup effort. In 1991, IMCC and the
Western Governors' Association completed a multi-volume study of
inactive and abandoned mines that provided one of the first broad-based
scoping efforts of the national problem. Neither this study, nor any
subsequent nationwide study, provides a completely reliable and fully
accurate on-the-ground inventory of the hardrock AML problem. Both the
1991 study and a recent IMCC compilation of data on hardrock AML sites
were based on available data and professional judgment. While the data
is seldom comparable between states due to the wide variation in
inventory criteria, they do demonstrate that there are large numbers of
significant safety and environmental problems associated with inactive
and abandoned hardrock mines and that remediation costs are very large.
Across the country, the number of abandoned hardrock mines with
extremely hazardous mining-related features has been estimated at
several hundred thousand. Many of the states and tribes report the
extent of their respective AML problem using a variety of descriptions
including mine sites, mine openings, mine features or structures, mine
dumps, subsidence prone areas, miles of unreclaimed highwall, miles of
polluted waterways, and acres of unreclaimed or disturbed land. Some of
the types of numbers that IMCC has seen reported in our Noncoal Mineral
Resources Survey and Report and in response to information we have
collected for the Government Accountability Office (GAO) and others
include the following gross estimated number of abandoned mine sites:
Alaska--1,300; Arizona--80,000; California--47,000; Colorado--7,300;
Montana--6,000; Nevada--16,000; Utah--17,000 to 20,000; New York--
1,800; Virginia--3,000 Washington--3,800; Wyoming--1,700. Nevada
reports over 200,000 mine openings; New Mexico reports 15,000 mine
hazards or openings; Minnesota reports over 100,000 acres of abandoned
mine lands and South Carolina reports over 6,000 acres.
What becomes obvious in any attempt to characterize the hardrock
AML problem is that it is pervasive and significant. And although
inventory efforts are helpful in attempting to put numbers on the
problem, in almost every case, the states are intimately familiar with
the highest priority problems within their borders and also know where
limited reclamation dollars must immediately be spent to protect public
health and safety or protect the environment from significant harm.
Today, state agencies are working on hardrock abandoned mine
problems through a variety of limited state and federal funding
sources. Various federal agencies, including the U.S. Environmental
Protection Agency, Bureau of Land Management, U.S. Forest Service, U.S.
Army Corps of Engineers and others have provided some funding for
hardrock mine remediation projects. These state/federal partnerships
have been instrumental in assisting the states with our hardrock AML
work and, as states take on a larger role for hardrock AML cleanups
into the future, we will continue to coordinate with our federal
partners. However, most of these existing federal grants are project-
specific and do not provide consistent funding. For states with coal
mining, the most consistent source of AML funding has been the Title IV
grants under the Surface Mining Control and Reclamation Act (SMCRA).
Section 409 of SMCRA allows states to use these grants at high priority
non-coal AML sites. The funding is generally limited to safeguarding
hazards to public safety (e.g., closing mine openings) at hardrock
sites.
In December 2006, Congress significantly amended the SMCRA AML
program to, among other things, distribute funds to states in an amount
equal to that previously allocated under SMCRA but never appropriated.
However, while Section 409 was not changed or amended in any way, the
Interior Department, through both a Soliticor's Opinion (M-37014) and
final rule (73 Fed. Reg. 67576), has now interpreted SMCRA to prohibit
this enhanced funding from being used for noncoal projects. This is a
significant blow to states such as New Mexico, Utah and Colorado that
have previously used SMCRA AML funds to address many of the more
serious hardrock AML problems within their borders. In fact, some of
the noncoal AML projects previously undertaken by these states have
been recognized by OSM for their excellence pursuant to the agency's
national AML awards program.
S. 897 would remedy the Interior Department's unfortunate
interpretation of the 2006 Amendments and as such we strongly support
the bill. That interpretation not only disregards the fact that section
409 was left unamended by Congress, it is also inconsistent with
assurances repeatedly given to the states and tribes by OSM during the
consideration of the legislation that noncoal work could continue to be
undertaken with these AML funds. The interpretation would also have the
unacceptable result of requiring states and tribes to devote funds to
lower priority coal sites while leaving dangerous noncoal sites
unaddressed. While OSM will argue that this may impact the amount of
funding available to uncertified states to address high priority coal
problems, Congress did not seem overly concerned with this result but
rather deferred to its original framework for allowing both high
priority coal and noncoal sites to be addressed.
In its final rule implementing the 2006 amendments to SMCRA (at 73
Fed. Reg. 67576, et seq.), OSM continued to abide by its argument that
``prior balance replacement'' funds (i.e the unappropriated state and
tribal share balances in the AML Trust Fund) are fundamentally distinct
from section 402(g) moneys distributed from the Fund. This, according
to OSM, is due to the fact that these prior balance replacement funds
are paid from the U.S. Treasury and have not been allocated under
section 402(g)(1). This is a distinction of convenience for the
Interior Department's interpretation of the 2006 Amendments and has no
basis in reason or law. The fact is, these funds were originally
allocated under section 402(g)(1), are due and owing pursuant to the
operation of section 402(g)(1), and did not change their ``color''
simply because they are paid from a different source. Without the
operation of section 402(g)(1) in the first place, there would be no
unappropriated (i.e. ``prior'') state and tribal share balances. The
primary reason that Congress appears to have provided a new source for
paying these balances is to preserve a balance in the AML Trust Fund to
1) generate continuing interest for the UMW Combined Benefit Trust Fund
and 2) to insure that there was a reserve of funding left after fee
collection terminates in 2021 to address any residual high priority
historic coal problems. There was never an intent to condition or
restrict the previously approved mechanisms and procedures that states
and tribes were using to apply these moneys to high priority coal and
noncoal problems. To change the rules based on such a justification is
inappropriate and inconsistent with law.
The urgency of advancing this legislation has been heightened, Mr.
Chairman, by statements in OSM's proposed budget for Fiscal Year 2012.
Therein, OSM is proposing to further restrict the ability of states to
expend AML funds on noncoal reclamation projects. This will apparently
occur as part of a legislative proposal that the Administration
supposedly intends to pursue in the 112th Congress. While the primary
focus of that proposal will be the elimination of future AML funding
for states and tribes that are certified under Title IV of SMCRA (which
we adamantly oppose), OSM is also proposing to establish a hardrock AML
reclamation fee in order to ``hold each industry [coal and noncoal]
responsible for the actions of its predecessors.'' We are uncertain
exactly what OSM has in mind with respect to this aspect of the
legislative proposal, but we suspect it has to do with clarifying the
very issue that is the subject of S. 897. And while there may be merit
for a hardrock AML reclamation fee, the potential for enacting this fee
in the near future is highly unlikely. In the meantime, we are losing
valuable time and resources by failing to authorize the use of
unappropriated state and tribal share balances to address what even OSM
has characterized as ``a legacy of abandoned mine sites that create
environmental hazards.'' It should be kept in mind, in this regard,
that the availability of these funds for noncoal reclamation work will
expire after FY 2014 when the last of the unappropriated state/tribal
share funds will have been distributed.
For the same reasons that Congress needs to clarify this
misinterpretation for noncoal AML work, it should also do so for the
acid mine drainage (AMD) set aside program. Section 402(g)(6) has,
since 1990, allowed a state or tribe to set aside a portion of its AML
grant in a special AMD abatement account to address this pervasive
problem. OSM's recent policy (and now regulatory) determination is
denying the states the option to set aside moneys from that portion of
its grant funding that comes from ``prior balance replacement funds''
each year to mitigate the effects of AMD on waters within their
borders. AMD has ravaged many streams throughout the country, but
especially in Appalachia. Given their long-term nature, these problems
are technologically challenging to address and, more importantly, are
very expensive. The states need the ability to set aside as much
funding as possible to deal with these problems over the long term.
Congress clearly understood the magnitude of this challenge given the
fact that it increased the amount of money that states could set aside
for this purpose from 10 to 30 percent in the 2006 Amendments. We
therefore strongly support the inclusion of language in S. 897 that
will correct the current policy interpretation by Interior and allow
the use of unappropriated state and tribal share balances (``prior
balance replacement funds'') for the AMD set aside, similar to the use
of these balances for noncoal work.
Over the past 30 years, tens of thousands of acres of abandoned
mine lands have been reclaimed, thousands of mine openings have been
closed, and safeguards for people, property and the environment have
been put in place. There are numerous success stories from around the
country where the states' AML programs have saved lives and
significantly improved the environment. Suffice it to say that the AML
Trust Fund, and the work of the states pursuant to the distribution of
monies from the Fund, have played an important role in achieving the
goals and objectives set forth by Congress when SMCRA was first
enacted--including protecting public health and safety, enhancing the
environment, providing employment, and adding to the economies of
communities impacted by past coal and noncoal mining. Passage of S. 897
will further these congressional goals and objectives.
In support of our position on S. 897, we also request that you
include for the record the attached resolution (No. 07-8)* adopted by
the Western Governors that urges the continued use of funds collected
or distributed under Title IV of SMCRA for the reclamation of high
priority, hard-rock abandoned mines. This resolution is in support of
the Western Governors' policy statements B.4 and B.5.
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* Document has been retained in subcommittee files.
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Thank you for the opportunity to present our views on S. 897. We
welcome the opportunity to work with you to complete the legislative
process and see this bill become law.
______
Statement of John Bemis, Secretary, New Mexico Energy, Minerals and
Natural Resources Department, on S. 897
Thank you for the opportunity to present a statement on this
important topic.
We appreciate the efforts of Chairman Bingaman and this Committee
to propose legislation that will clarify the intent of Congress under
Title IV, the Abandoned Mine Land (AML) program, of the Surface Mining
Control and Reclamation Act of 1977 (SMCRA).
The State of New Mexico strongly supports S. 897. This bill will
make only minor changes to SMCRA to correct a misinterpretation of
SMCRA by the Office of Surface Mining of the Department of the
Interior. S. 897 will return New Mexico and other states to their
longstanding role under SMCRA of directing abandoned mine land grant
funds to the highest priority needs at either coal or non-coal
abandoned mines.
New Mexico has a long and distinguished history of both coal and
hard rock mining. Centuries of mining have left a legacy of thousands
of mine openings and other mine hazards that pose serious threats to
public health and safety. We estimate that there are more than 15,000
unreclaimed mine hazards across New Mexico. Expanding populations and
increasing recreational uses are increasing the exposure to abandoned
mine dangers. An example of the AML problem is the numerous abandoned
uranium mines located primarily in areas of Native American habitation
in northwestern New Mexico.
The primary funding source for AML projects in New Mexico has been
Title IV of SMCRA. SMCRA includes provisions for the safeguarding of
abandoned coal mines and high priority non-coal mines. Funding from the
fees collected on coal production has helped New Mexico address some of
our most hazardous abandoned mines. Since the inception of the SMCRA
AML program, New Mexico has addressed approximately 4,000 mine features
and reclaimed over 700 acres of mine-disturbed land.
Section 409 of SMCRA (30 U.S.C. 1239) allows the States to use AML
funds to address high priority non-coal abandoned mines as well as coal
mines. While New Mexico still has abandoned coal mines that need
reclamation, well over 90% of New Mexico's 15,000 mine hazards are
located at abandoned hard rock mines. In the past few decades, all of
the fatalities associated with abandoned mines in New Mexico have
occurred at non-coal mines; sadly, another fatality occurred last year
at an abandoned non-coal mine in New Mexico. With our SMCRA grants, New
Mexico has balanced the need to reclaim abandoned coal mines with the
need to address the significant and immediate health and safety threats
posed by numerous non-coal mines. In the 6 years prior to the 2006
amendments, New Mexico's $1.5 million annual grant was roughly split
between coal (55%) and non-coal (45%) projects.
In December 2006, Congress passed the Tax Relief and Health Care
Act of 2006 which included a re-authorization of the AML fee on current
coal production and other amendments to the SMCRA Title IV program. One
of the major changes was the distribution to the States and Tribes of
``state share'' funds that had been previously allocated to the States
under SMCRA, but had never been appropriated by Congress. For New
Mexico, this amounts to approximately $20 million in additional AML
funds distributed over a 7 year period, and presents a tremendous
opportunity to address many of the high priority coal and non-coal
abandoned mine threats.
Under SMCRA, the ``state share'' funds were available for use by
the States at abandoned coal mines and, under Section 409, also at high
priority abandoned non-coal mines. In the 2006 legislation, Congress
did not amend Section 409. However, the Interior Department issued an
opinion in December 2007 prohibiting the additional AML funds from
being used at non-coal abandoned mine projects. The Office of Surface
Mining followed with a rule, adopted on November 14, 2008, which
codified the Interior Department's interpretation.
The new interpretation flies in the face of Congressional intent.
Had the funds been appropriated to the State when they were originally
allocated to the State, there would have been no question that these
funds could be used for either coal or non-coal projects. Congress did
not amend Section 409 of SMCRA in the 2006 amendments. However, the
Interior Department has latched onto Congress' use of a new funding
source to distribute the previously allocated funds to claim that the
intent changed.
Since the beginning of the AML program, New Mexico, Utah and
Colorado have used the SMCRA funds to reclaim abandoned coal mines
while also addressing the significant health and safety threats posed
by numerous non-coal mines. With these funds, New Mexico successfully
completed a number of innovative projects that were recognized by OSM.
In the Cerrillos Hills between Santa Fe and Albuquerque, we closed
dozens of non-coal mines along trails in a park and protected park
visitors from mine hazards while showcasing the mining history. This
project received a national award from OSM. New Mexico also received
the highest national award from OSM for the Real de Delores project in
the Ortiz Mountains which safeguarded mine openings within one of the
oldest gold mining districts in America.
The impact of the Interior Department's interpretation is
significant. While New Mexico's annual AML grant increased to over $4
million, three million can only be spent on coal projects only and the
remainder can be spent on either coal or non-coal projects. As a
result, needed projects at dangerous abandoned hard rock mines have
been delayed and funds diverted to lower priority abandoned coal mines.
This loss of flexibility also comes at a particularly significant
time for New Mexico. For the past several years, the State has been
using a variety of funding sources to conduct an inventory of abandoned
uranium mines, many of which are located in areas occupied by Native
Americans in northwestern New Mexico. The impacts of these uranium
mines on the nearby residents, particularly the Navajo people, have
received national attention and have been the subject of hearings
before the House Oversight and Government Reform Committee. New Mexico
is working cooperatively with the Navajo Nation and the U.S. EPA to
coordinate work on abandoned uranium mines in areas near the Navajo
Indian Reservation. With the new AML money available, we have a unique
opportunity to finally address some of these sites which have caused
great harm to the Navajo communities. With the Interior Department's
restrictions, our options become much more limited, because the money
for non-coal projects is much more limited. We hope you will prevent
that reduction in funds for eliminating hazardous non-coal risks.
S. 897 will allow New Mexico and other western states to address
some of the highest priority threats to public health and safety from
non-coal mines while continuing to address the inventory of priority
coal mines. Allowing more funds to be spent on non-coal mines may also
result in more jobs. Our experience has been that non-coal AML projects
are much more likely to attract partners and additional funding thus
increasing the size of the project and the number of jobs generated.
The uranium mine assessment project mentioned above is an example. New
Mexico began the project with limited SMCRA funds and has attracted
private, state and other federal funds to more than triple the size of
the project.
This legislation has broad support in New Mexico from the mining
industry, the environmental community and public officials. At the 2010
New Mexico Legislative Session, both houses of the New Mexico
Legislature passed Memorials that requested the Congress to expedite
legislation to allow uncertified states to use SMCRA funds on non-coal
abandoned mine reclamation. Both Memorials passed all Committees and
full chambers without a single dissenting vote.
Mr. Chairman and members of the Committee, we thank you for this
opportunity to present New Mexico's position on S. 897. We urge the
Committee to correct the misinterpretation of SMCRA and restore the
flexibility needed by the States. We look forward to working with the
Committee in the future.
______
Statement of Jon J. Indall, Counsel, the Uranium Producers of New
Mexico, on S. 897
Senator Bingaman has introduced S. 897 to request that Congress
amend the Surface Mining Control and Reclamation Act of 1977
(``SMCRA'') to clarify that the allocated funding for SMCRA can be used
by non-certified states for non-coal reclamation projects. This
amendment is critical for New Mexico to begin remediating abandoned
mines and also to help create new jobs in the process.
New Mexico has a long and notable history of both coal and hard
rock mining. When the Atomic Energy Commission (``AEC'') created the
Uranium Procurement Program in the 1950's, many companies in New Mexico
answered the call for uranium to fuel the federal government's defense
needs for nuclear weapons. A uranium mining industry was created almost
over night. New Mexico became the largest uranium producing state in
the nation, with over 380 million pounds produced for the nuclear
weapons program and subsequently for nuclear power reactors. Today, the
uranium industry in New Mexico is reemerging to once again help meet
our country's increasing demands--this time to provide the uranium that
will be essential to growing a nuclear energy supply in the United
States.
The Uranium Procurement Program initiated by the AEC was very
successful and resulted in the operation of numerous mines throughout
New Mexico, mainly in Cibola and McKinley Counties. Unlike today, there
were few standards and no mine closure requirements. As the Procurement
Program met its production goals in the mid-1960's, most of the small
operators gave way to the larger companies and the small company and
individuals' mine sites were abandoned with little or no thought to
reclamation. These uranium sites, along with a number of other hard
rock abandoned mines, make up a legacy of abandoned hard rock mines in
New Mexico. Since these mines were created to fulfill an urgent
national defense priority, the federal government has a responsibility
to assist in reclaiming the abandoned mines in New Mexico and other
western states.
The Uranium Producers of New Mexico (``UPNM'') has interest in S.
897 because its group of five uranium exploration and development
companies are working to permit uranium mining and milling operations
in New Mexico in the next two to four years. Current members of
``UPNM'' include: Laramide Resources Ltd., Neutron Energy, Inc., Rio
Grande Resources Corporation, Strathmore Resources (U.S.) Ltd., and
Uranium Resources, Inc. While none of these companies have ever mined
in New Mexico, they recognize that the abandoned mines from mining
activity that took place between the 1950's and 1970's are a concern of
many citizens in the state. These companies have, therefore, advocated
for the remediation of New Mexico's legacy mines.
The UPNM has worked closely with the Mining and Minerals Division
(``MMD'') of the New Mexico Energy, Minerals and Natural Resources
Department on various state projects related to SMCRA. The MMD has
identified a total of 166 abandoned uranium mines over which the agency
has jurisdiction in New Mexico. In cooperation with MMD, UPNM funded
the surveying of the first 21 of these sites located on state, federal
and private lands. The MMD has since contracted the surveying of an
additional 128 sites.
The purpose of surveying the abandoned mines is to allow the MMD to
prioritize these sites for reclamation. Currently, 149 of the 166 sites
have now been surveyed. If the SMCRA funding is made available for non-
coal projects, the MMD can complete the surveying of the remaining 17
sites and begin addressing the clean-up at the surveyed sites
determined to be of highest priority. This would not only mean the
creation of shovel-ready jobs but also the beginning of a resolution to
a fifty-year legacy left behind in New Mexico--a legacy that is the
result of the federal government's call for uranium production for its
nuclear defense needs dating back to the 1960's.
The primary source of funding for Abandoned Mine Land (``AML'')
projects in New Mexico has come from SMCRA. Under this program, New
Mexico has successfully addressed approximately 4,000 mine features and
reclaimed over 700 acres of mine-disturbed lands. New Mexico has
successfully balanced the use of its SMCRA funds to accomplish
reclamation on both coal and non-coal reclamation sites. The state
needs to continue this important work, and the additional federal
funding that would be made available by the enactment of S. 897 would
allow the state to do so.
In December 2006, Congress amended SMCRA to allow the distribution
of reclamation funds to states in an amount equal to that previously
authorized to the states under SMCRA. Despite the uncontroverted fact
that Congress did not amend the ability of states to use these funds
for non-coal, hard rock mines, the Department of the Interior (``DOI'')
made such a determination. The passage of S. 897 is now necessary to
once again amend SMCRA to clarify that the appropriated funding can be
used for non-coal reclamation sites.
Although the many stakeholders in New Mexico do not always agree on
hard-rock mining issues, there is overwhelming agreement that New
Mexico needs the SMCRA funding to help address the legacy of abandoned
mines in our state. The New Mexico State Senate and House of
Representatives passed memorials last year urging the New Mexico
congressional delegation to collaborate to do what is necessary to
amend SMCRA. The New Mexico Mining Association and the Association of
Commerce and Industry have also written letters to the delegation
supporting the amendment. The McKinley County Commission also passed a
resolution in support of amending SMCRA. These memorials, letters and
the resolution are attached for your review and the record.
The UPNM appreciates the opportunity to present this statement in
support of S. 897 and would also appreciate a recommendation from this
Subcommittee to move the legislation forward.
Thank you.
______
Association of Commerce and Industry,
Albuquerque, NM, March 15, 2010.
Hon. Jeff Bingaman,
U.S. Senate, 703 Hart Senate Office Bldg., Washington, DC.
Dear Senator Bingaman:
Subject: Amending the Surface Mining Control and Reclamation Act of
1977
An opportunity exists for New Mexico to resolve many of the legacy
issues from the uranium-mining era that spanned the 1950s to the 1970s.
Through an amendment to the Surface Mining Control and Reclamation Act
of 1977 (SMCRA), New Mexico would be able to use monies for non-coal
reclamation projects and dedicate those funds to clean-up of abandoned
uranium mines. This clean-up would also help create shovel-ready jobs
in New Mexico.
The Association of Commerce and Industry of New Mexico (ACI)
supports the proposed federal legislation and encourages you and all
the members of our delegation in Washington to seek passage of the
SMCRA amendment.
ACI also supports the return of the uranium industry in New Mexico.
Amending SMCRA could bring renewed production, which would provide the
state with a reliable source of revenue and help relieve New Mexicans
from future tax burdens.
The members of ACI hope you agree to lend your support and
influence to this effort.
Sincerely yours,
Dr. Beverlee J. McClure,
President & CEO.
______
State of Missouri,
Department of Natural Resources,
May 31, 2011.
Hon. Ron Wyden,
Chairman, Public Lands and Forests Subcommittee, Senate Energy and
Natural Resources Committee, Room SD-304, Washington, DC.
Dear Mr. Chairman:
I am writing in support of S. 897, a bill that would amend Title 1V
of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to
clarify that uncertified states and Indian tribes have the authority to
use certain payments under Title IV for noncoal reclamation projects
and for the acid mine drainage (AMD) set-aside program under SMCRA. As
you know, Title IV of SMCRA was amended in 2006 to, among other things,
distribute funds to states and tribes in an amount equal to that
previously allocated under SMCRA but never appropriated. Following
enactment of these amendments, the Interior Department, through both a
Solicitor's Opinion (M-37014) and a final rule (73 Fed. Reg. 67576),
interpreted these amendments to prohibit this enhanced funding from
being used for noncoal projects and the acid mine drainage set-aside
program.
S. 897 would rectify the Interior Department's inappropriate
interpretation of the 2006 Amendments to align with congressional
intent and as such, we strongly endorse and support the bill. For
further explanation and justification of our position, we refer you to
the statement submitted by the Interstate Mining Compact Commission and
the National Association of Abandoned Mine Land Programs for the record
of your Subcommittee's May 18th legislative hearing on S. 897. Given
that the funds addressed by this proposed clarification of the 2006
Amendments will only be available for noncoal AML reclamation projects
and for the AMD set-aside program for three more fiscal years, we urge
expeditious action on S. 897.
Thank you for your leadership on this important legislation. If you
require additional information, please do not hesitate to contact me at
(573) 751-4041.
Sincerely,
Mike Larsen, Director,
Missouri Land Reclamation Program.
______
New Mexico Mining Association,
Santa Fe, NM, January 27, 2010.
Hon. Harry Teague,
U.S. Congressman, 1505 Longworth House Office Building, Washington, DC.
Subject: Amending the Surface Mining Control and Reclamation Act of
1977
Dear Representative Teague:
An opportunity exists for New Mexico citizens to resolve many of
the legacy issues from the uranium-mining era that spanned four
decades. Through an amendment to the Surface Mining Control and
Reclamation Act of 1977 (SMCRA), New Mexico will be able to use monies
for non-coal reclamation projects and dedicate those funds to cleanup
of uranium mines.
The New Mexico Mining Association supports the proposed federal
legislation and encourages you and all the members of our delegation in
Washington to seek passage of the amendment.
I would add that the companies wishing to conduct operations in New
Mexico did not create the legacy concerns. However, these mining
companies have shown a commitment to addressing the cleanup and are
working with all affected stakeholders to find solutions to resolve
this issue.
The members of the New Mexico Mining Association hope you agree to
lend your support and influence to this effort.
Sincerely,
Mike Bowen,
Executive Director.