[Senate Report 110-363]
[From the U.S. Government Publishing Office]
Calendar No. 795
110th Congress Report
SENATE
2d Session 110-363
======================================================================
WYOMING RANGE LEGACY ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2229]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2229) to withdraw certain Federal land in
the Wyoming Range from leasing and provide an opportunity to
retire certain leases in the Wyoming Range, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wyoming Range Legacy Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(2) Wyoming range withdrawal area.--The term ``Wyoming Range
Withdrawal Area'' means all National Forest System land and
federally owned minerals located within the boundaries of the
Bridger-Teton National Forest identified on the map entitled
``Wyoming Range Withdrawal Area'' and dated October 17, 2007,
on file with the Office of the Chief of the Forest Service and
the Office of the Supervisor of the Bridger-Teton National
Forest.
SEC. 3. WITHDRAWAL OF CERTAIN LAND IN THE WYOMING RANGE.
(a) Withdrawal.--Except as provided in subsection (f), subject to
valid existing rights as of the date of enactment of this Act and the
provisions of this Act, land in the Wyoming Range Withdrawal Area is
withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and geothermal
leasing.
(b) Existing Rights.--If any right referred to in subsection (a) is
relinquished or otherwise acquired by the United States (including
through donation under section 4) after the date of enactment of this
Act, the land subject to that right shall be withdrawn in accordance
with this section.
(c) Buffers.--Nothing in this section requires--
(1) the creation of a protective perimeter or buffer area
outside the boundaries of the Wyoming Range Withdrawal Area; or
(2) any prohibition on activities outside of the boundaries
of the Wyoming Range Withdrawal Area that can be seen or heard
from within the boundaries of the Wyoming Range Withdrawal
Area.
(d) Land and Resource Management Plan.--
(1) In general.--Subject to paragraph (2), the Bridger-Teton
National Land and Resource Management Plan (including any
revisions to the Plan) shall apply to any land within the
Wyoming Range Withdrawal Area.
(2) Conflicts.--If there is a conflict between this Act and
the Bridger-Teton National Land and Resource Management Plan,
this Act shall apply.
(e) Prior Lease Sales.--Nothing in this section prohibits the
Secretary from taking any action necessary to issue, deny, remove the
suspension of, or cancel a lease, or any sold lease parcel that has not
been issued, pursuant to any lease sale conducted prior to the date of
enactment of this Act, including the completion of any requirements
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(f) Exception.--Notwithstanding the withdrawal in subsection (a), the
Secretary may lease oil and gas resources in the Wyoming Range
Withdrawal Area that are within 1 mile of the boundary of the Wyoming
Range Withdrawal Area in accordance with the Mineral Leasing Act (30
U.S.C. 181 et seq.) and subject to the following conditions:
(1) The lease may only be accessed by directional drilling
from a lease held by production on the date of enactment of
this Act on National Forest System land that is adjacent to,
and outside of, the Wyoming Range Withdrawal Area.
(2) The lease shall prohibit, without exception or waiver,
surface occupancy and surface disturbance for any activities,
including activities related to exploration, development, or
production.
(3) The directional drilling may extend no further than 1
mile inside the boundary of the Wyoming Range Withdrawal Area.
SEC. 4. ACCEPTANCE OF THE DONATION OF VALID EXISTING MINING OR LEASING
RIGHTS IN THE WYOMING RANGE.
(a) Notification of Leaseholders.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall provide notice to
holders of valid existing mining or leasing rights within the Wyoming
Range Withdrawal Area of the potential opportunity for repurchase of
those rights and retirement under this section.
(b) Request for Lease Retirement.--
(1) In general.--A holder of a valid existing mining or
leasing right within the Wyoming Range Withdrawal Area may
submit a written notice to the Secretary of the interest of the
holder in the retirement and repurchase of that right.
(2) List of interested holders.--The Secretary shall prepare
a list of interested holders and make the list available to any
non-Federal entity or person interested in acquiring that right
for retirement by the Secretary.
(c) Prohibition.--The Secretary may not use any Federal funds to
purchase any right referred to in subsection (a).
(d) Donation Authority.--The Secretary shall--
(1) accept the donation of any valid existing mining or
leasing right in the Wyoming Range Withdrawal Area from the
holder of that right or from any non-Federal entity or person
that acquires that right; and
(2) on acceptance, cancel that right.
(e) Relationship to Other Authority.--Nothing in this Act affects any
authority the Secretary may otherwise have to modify, suspend, or
terminate a lease without compensation, or to recognize the transfer of
a valid existing mining or leasing right, if otherwise authorized by
law.
PURPOSE
The purpose of S. 2229 is to withdraw certain Federal land
in the Wyoming Range from future oil and gas leasing and
provide an opportunity to retire existing leases in the area.
BACKGROUND AND NEED
The Wyoming Range is an isolated string of peaks,
approximately 100 miles long, in western Wyoming. Located
within the Bridger-Teton National Forest, the area supports
large herds of elk, mule deer, antelope, moose, and pronghorn.
The Wyoming Range also contains black bear, mountain lion, pine
martin, a small herd of bighorn sheep, and many more species.
Native Colorado River, Snake River, and Bonneville cutthroat
trout, are among the fish populations dependent upon the area's
rivers. The Wyoming Range mule deer herd is among the largest
in North America. Its target population is 50,000 animals,
comprising one tenth of the statewide population.
In 2004, the Forest Service announced plans to lease
175,000 acres within the Wyoming Range for oil and gas
development. The proposal met with enormous public opposition
and in 2005 the Forest Service decided to scale back the
leasing proposal to roughly 44,600 acres. In four separate
auctions during 2005 and 2006, the Bureau of Land Management
offered these acres for oil and gas lease sale. Approximately
half of those acres were sold and issued to high bidders. After
BLM dismissed protests on these sales, some parties appealed
the decision to the Interior Board of Land Appeals. The Board
granted a stay and suspended development on these parcels. The
BLM requested remand in order for the Forest Service to
undertake a supplemental environmental analysis, which is now
in process. The BLM upheld protests on the remaining half of
the 44,600 acres and has not issued leases to the high bidders
of these sales.
The bill withdraws, subject to valid existing rights,
approximately 1.2 million acres of land within the Bridger-
Teton National Forest, referred to as the Wyoming Range, from
new oil and gas leasing as well as any other form of
appropriation or disposal under the public land laws. Further,
the bill sets up a process to retire existing oil and gas
leases in the area, at the lessee's request, and use non-
federal funds to pay for them.
S. 2229 is needed to protect the important and
irreplaceable wildlife and recreational values of the Wyoming
Range, and responds to the broad public opposition from local
landowners, business owners, labor unions, hunting and fishing
groups, ranchers, and elected officials in Wyoming to oil and
gas development in the Wyoming Range.
LEGISLATIVE HISTORY
Senator Barrasso and Senator Enzi introduced S. 2229 on
October 25, 2007. The Subcommittee on Public Lands and Forests
held a hearing on S. 2229 on February 27, 2008. The Committee
on Energy and Natural Resources ordered it favorably reported
with an amendment in the nature of a substitute on May 7, 2008.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Committee on Energy and Natural Resources, in open
business session on May 7, 2008, by a majority vote of a quorum
present, recommends that the Senate pass S. 2229, if amended as
described herein.
The rollcall vote on reporting the measure was 13 yeas, 9
nays, as follows:
YEAS NAYS
Bingaman Landrieu
Akaka\1\ Domenici
Dorgan\1\ Craig
Wyden\1\ Murkowski
Johnson\1\ Burr\1\
Cantwell DeMint
Salazar Corker
Menendez Smith
Lincoln\1\ Bunning\1\
Sanders\1\
Tester
Barrasso
Martinez\1\
\1\Voted by proxy.
COMMITTEE AMENDMENT
During its consideration of S. 2229, the Committee adopted
an amendment in the nature of a substitute. The amendment
strikes the findings and purpose section and makes some
technical and clarifying changes. In addition, the amendment
adds a provision giving the Secretary limited authority to
lease oil and gas resources in the withdrawal area so long as a
number of conditions are met. The provisions of the substitute
are described in more detail in the section-by-section
analysis.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title for the bill.
Section 2 defines key terms used in the legislation.
Section 3(a) withdraws, subject to valid existing rights,
the Wyoming Range Withdrawal Area from all forms of
appropriation under the public land laws; location, entry, and
patent under the mining laws; and disposition under laws
relating to mineral and geothermal leasing.
Subsection (b) requires that, if any right referred to in
subsection (a) is relinquished, the land subject to that right
shall be withdrawn in accordance with this section.
Subsection (c) states that nothing in this section requires
the creation of a buffer area outside the boundaries of the
Wyoming Range Withdrawal Area or any prohibition on activities
outside of the boundaries of the area.
Subsection (d) requires that the Bridger-Teton National
Land and Resource Management Plan shall apply to any land
within the Wyoming Range Withdrawal Area and if there is a
conflict between the plan and this Act, the Act shall apply.
Subsection (e) states that nothing in this section
prohibits the Secretary from taking any action necessary to
issue, deny, or cancel a lease that has not been issued,
pursuant to any lease sale conducted prior to the date of
enactment of this Act.
Subsection (f) authorizes the Secretary, notwithstanding
the withdrawal in subsection (a), to lease oil and gas
resources in the Wyoming Range Withdrawal Area subject to a
number of conditions, including that the lease may only be
accessed by directional drilling.
Section 4(a) requires the Secretary to provide notice to
holders of valid existing rights within the Wyoming Range
Withdrawal Area of the potential opportunity for repurchase of
those rights and retirement.
Subsection (b) authorizes a holder of a valid existing
right within the withdrawal area to submit a written notice to
the Secretary of the interest of the holder in the retirement
and repurchase of that right. This subsection also requires the
Secretary to prepare a list of interested holders and make the
list available to any non-Federal entity or person interested
in acquiring that right for retirement by the Secretary.
Subsection (c) prohibits the Secretary from using Federal
funds to purchase any right referred to in subsection (a).
Subsection (d) requires the Secretary to accept the
donation of any valid existing mining or leasing right in the
Wyoming Range Withdrawal Area from the holder of that right or
from any non-Federal entity or person that acquires that right
and, on acceptance, cancel that right.
Subsection (e) states that nothing in this Act affects any
authority the Secretary may otherwise have to modify, suspend,
or terminate a lease without compensation, or to recognize the
transfer or a valid existing mining or leasing right, if
otherwise authorized by law.
COST AND BUDGETARY CONSIDERATIONS
The Congressional Budget Office estimate of the costs of
this measure has been requested but was not received at the
time the report was filed. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2229. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 2229, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 2229, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The views of the Administration were included in testimony
received by the Committee at a hearing on S. 2229 on February
27, 2008.
Statement of Luke D. Johnson, Deputy Directory, Bureau of Land
Management
Thank you for the opportunity to testify on S. 2229, the
Wyoming Range Legacy Act of 2007. The bill provides for the
legislative withdrawal of 1.2 million acres of land from
mineral development, subject to valid existing rights, and
offers existing lessees an opportunity for the voluntary
retirement of their lease.
The Administration supports this bill, and looks forward to
working with the Congress to address issues such as the
potential budgetary impact and necessary offsets. The
Department does have concerns with the bill as drafted, and
would like to work with our sister agency, the U.S. Forest
Service, and the Committee to address those concerns. This area
contains significant energy resources, and we are concerned
that a withdrawal from mineral development that is too broad
could significantly impact the Administration's efforts to
ensure access to important energy resources. The Department is
also concerned that it could leave these Federal resources
vulnerable to drainage, without appropriate compensation to the
Federal Treasury and the State, if development occurs on
adjacent private lands. We would like to work with the Forest
Service and the Committee to determine appropriate boundaries
and acreage associated with the withdrawal. For example, one
issue to consider is whether there could be restrictions on
surface disturbance, while allowing the Federal resources to be
extracted from adjacent BLM lands.
There are currently 76 oil and gas leases held by
production and 26 hardrock mining claims located within or
adjacent to the proposed withdrawal area. We note that S. 2229
contains language in section 3(a) that preserves valid existing
rights, a provision we support and consider very important for
two reasons. First, those companies that have existing leases
and mining claims should be able to rely upon the certainty of
those underlying documents in making investment decisions
critical to the development of the resources. Second, the
resources at issue are potentially significant. BLM estimates
that the 1.2 million acre area covered by the bill contains 8.8
trillion cubic feet of natural gas and 331 million barrels of
oil that are technically recoverable using today's technology.
The natural gas alone amounts to roughly one-third of a year's
annual natural gas consumption for the entire nation. This
production could have a substantial impact on royalty revenues
that would otherwise be shared by the Federal Treasury and the
State of Wyoming for the benefit of taxpayers.
While the bill recognizes valid existing rights for issued
leases, the bill does not recognize the importance of those oil
and gas leases that have already been sold at competitive sale,
but are awaiting a final decision. These leases were offered in
accordance with the land use planning process. We believe the
Federal Government needs to be a reliable partner when
companies make major financial investments.
With regard to the provisions in S. 2229 concerning the
voluntary retirement of leases using nonfederal funds, we do
not object to the concept. However, we have concerns about the
methods and processes set forth in the bill and suggest a
number of amendments. We stand ready to work with the Forest
Service, the bill sponsors, and the Committee to find a
solution that will meet the needs of the American public and
the citizens of Wyoming.
s. 2229
S. 2229 provides for the withdrawal of approximately 1.2
million acres of the Bridger-Teton National Forest (BTNF) from
location, entry, leasing and patent under the mining law,
mineral leasing laws, and public land laws, subject to valid
existing rights. Also, the bill offers existing lessees the
opportunity to voluntarily submit a written request for the
retirement and repurchase of their lease and directs that the
purchase price be based on the fair market value of the lease
as determined by an agreed-upon appraisal.
The bill authorizes the Secretary to accept donations of
lease interests and to use non-Federal funds to pay for the
purchase of the lease. It specifies that the Act is not meant
to limit compensation from a private, State or other source in
lieu of, or in addition to, receiving compensation under the
Act. Presumably, these provisions were intended to allow
lessees to receive monies directly from outside groups and then
donate or waive their claim to compensation from the Secretary.
The acquired leases would be cancelled and made subject to the
withdrawal.
mineral resources within the withdrawal area
The Forest Service is responsible for the surface
management of National Forest System land; however, the
Secretary of the Interior and BLM have a vital interest in
mineral development as the agency responsible for administering
the 700 million acres of subsurface estate under the Mining Law
of 1872 and various mineral leasing acts. BLM issues mineral
leases upon concurrence of the surface management agency and
works cooperatively with the agency to ensure that management
goals and objectives for mineral exploration and development
activities are achieved, that operations are conducted to
minimize effects on natural resources, and that the land
affected by minerals operations is reclaimed.
The Bridger-Teton National Forest issued the Record of
Decision for their revised Forest Plan on March 2, 1990. The
revised Forest Plan provided for leasing of the areas proposed
for withdrawal under the bill. While the BLM has leases dating
back to 1964 within the Wyoming Range, approximately 40 leases
have been issued under the revised plan. Within the proposed
withdrawal area, there are 143 issued or pending oil and gas
leases covering more than 197,000 acres; 76 of these leases are
currently under production. Bonus bids collected in 2006 on 12
competitive leases totaled almost $2.6 million. The withdrawal
provisions in the bill preserve valid rights ``in existence on
the date of enactment.'' In 2006, twelve parcels were leased
with bonus bids totaling nearly $2.6 million. Those leases are
currently suspended, awaiting further NEPA analysis following
an IBLA ruling. An additional 23 leases were sold in Fiscal
Year 2006 with bonus bids totaling approximately $2.2 million.
Those leases were not issued and have been placed in a pending
status with the money in escrow until the additional NEPA work
required by the IBLA decision is completed. We recommend that
the bill be amended to preserve the opportunity for the 23
leases in pending status to be issued and developed, and that
the voluntary retirement provisions also apply.
In addition to oil and gas leases, as noted earlier, there
are 26 mining claims located within or adjacent to the proposed
withdrawal area as well as one 160-acre sodium lease. While no
activity is currently taking place on existing claims and the
lease described above, the claimants are continuing to pay
annual maintenance fees and the lessee is continuing to pay
rental fees to preserve options for future development.
proposed amendments
We suggest a number of amendments to the provisions
providing for the voluntary retirement of existing leases.
Section 4(b) of S. 2229 states, ``The Secretary may use non-
Federal funds to purchase any lease from a lessee who requests
retirement and repurchase of the lease under subsection (a).''
There is no clear indication that the Secretary has discretion
in whether to purchase the lease if non-Federal funds are not
available. Furthermore, the bill does not specify who would be
responsible for funding the appraisals. It is our understanding
that the intent of the bill is to provide a process by which
outside groups could fund the voluntary retirement of the
leases. We suggest that the bill be amended to allow the
Secretary to accept the relinquishment by lessees of their
lease interest and subsequently provide for their retirement.
The bill should make clear that there is no duty for the
Secretary to purchase any lease without a donation or other
non-Federal funds being made available in advance. The
Secretary should not be involved in the actual collection of
donated funds or the repurchasing of leases. Compensating a
lessee for the voluntary relinquishment of a lease should be
handled using only private funding, and the Federal Government
should not be involved in those transactions. We are also
concerned about the advisability of retiring leases that have
already been placed into production.
We would like to point out that the retirement and
repurchase provisions in the bill only apply to leased
minerals. However, the bill provides for the withdrawal of this
area from location, entry, and patent under the mining laws and
mineral leasing laws. Thus, these mining claimants would not be
provided the same option for purchase of their interest under
the bill.
environmental best management practices and the technology of mineral
development today
Our Nation faces a great challenge in meeting its energy
needs. We consume much more than we produce; this is especially
true for oil. We are importing about 60 percent of our oil from
foreign sources--a percentage that is expected to increase to
68 percent by 2025. We need to protect our economic and
national security by increasing our ability to produce more of
our energy domestically in a prudent and environmentally
sensitive way. In 2007, Federal production in Wyoming was 34.4
million barrels of oil and 1.36 TCF of natural gas. During this
same time period, total Federal onshore production was 104.7
million barrels of oil and 2.8 TCF of natural gas. We
appreciate the tremendous contribution the state of Wyoming
makes to our Country's energy security.
The BLM also appreciates the non-energy uses and values
that our public lands provide to the American people, such as
outstanding hunting and fishing opportunities, diverse
recreational activities, and habitat to a wide array of
wildlife. While one option of retaining habitat and
recreational values in the Bridger-Teton National Forest is to
withdraw the land from mineral development, other possibilities
exist. Across the country, hunting and fishing and other
recreational activities occur side by side with energy and
other resource development activities. When properly planned,
energy development activities and resource protection are not
mutually exclusive concepts. To the contrary, our experience
shows that sound stewardship can be achieved contemporaneously
with energy development. To this end, we would like to take
this opportunity to highlight the cooperative efforts by BLM,
surface management agencies, the states, and industry to employ
new technologies and environmental best management practices
(BMPs), which have been successful in decreasing the footprint
of energy development and mitigating the impact of operations
on important natural resource values.
For example, the energy industry's drilling technology has
now evolved to the point where 22 or more deep gas wells can
typically be drilled side-by-side, 7 feet apart, on a well pad
that is no larger than the traditional single well pads of the
past. This new practice significantly reduces the surface
footprint of new development by eliminating, in this example,
the other 21 well pads, roads, and sets of utilities. When
combined with the use of centralized offsite production
facilities, the need for roads, well pads, and truck traffic is
greatly reduced. This is extremely important when it comes to
protecting wildlife habitat and recreational resources.
To further reduce the visual footprint of development, new
facilities can also be screened, painted, and even camouflaged.
Full interim reclamation of nearly all disturbed areas can help
to ensure soils stay in place and habitat values are protected
during the life of development. When further protection is
needed, development can also be slowly phased, one site at a
time, without moving to a new area until the first area is
operational, gated, and has undergone successful interim
reclamation. Today's practices are a major advancement from
those of even three years ago, and we expect the trend to
continue.
Other tools are also available besides withdrawal to ensure
non-surface occupancy of areas with significant environmental
and recreation values. Moreover, we believe it is possible to
consider withdrawals more selectively, rather than as a blanket
approach.
These examples of BMP's and the use of continuously
evolving technology indicate that environmentally conscious
development of energy resources can occur in a multiple use
environment.
Thank you for the opportunity to testify. I will be happy
to answer any questions.
Statement of Melissa Simpson, Deputy Under Secretary, Natural Resources
and Environment, Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to testify today on this bill that pertains to
the U.S. Department of Agriculture (USDA), Forest Service.
S. 2229 would provide for the establishment of the Wyoming
Range Withdrawal Area, consisting of 1.2 million acres of the
Bridger-Teton National Forest withdrawn from all forms of
appropriation or disposal under the public land laws; location,
entry, and patent under the United States mining laws; and
disposition under laws relating to mineral and geothermal
leasing or mineral materials. The bill would also allow for the
voluntary retirement and repurchase of existing oil and gas
leases and other mineral leases within the withdrawal area.
The Administration supports this bill, and looks forward to
working with the Congress to address issues such as the
potential budgetary impact and necessary offsets. The
Department of Agriculture does have concerns with the bill as
drafted, and would like to work with the Department of the
Interior and the Committee to address those concerns. I would
like to offer some suggested amendments for the Committee to
consider.
Because of the national need for energy, the Department
supports the appropriate development of energy resources on
National Forest System lands, in collaboration with
stakeholders, while effectively protecting the environment.
This Administration is committed to cooperative conservation,
as reflected in Executive Order 13352, Facilitation of
Cooperative Conservation. In this case, we recognize the
interest of a wide variety of stakeholders in the goals of this
bill. The list of supporters within Wyoming is long and varied,
including local government officials and the Governor in a
state that has been very supportive of energy development in
other areas.
The Forest Service shares authority with the Bureau of Land
Management (BLM), to varying extents depending upon the
minerals in question and the lands on which they are found, to
ensure that management goals and objectives for mineral
exploration and development activities are achieved, that
operations are conducted to minimize effects on natural
resources, and that the land affected by minerals operations is
reclaimed.
All the existing leases in the area covered by this
legislation are consistent with the Bridger-Teton's Land and
Resource Management Plan. However, there are a number of
pending oil and gas leases in this area that have been sold at
competitive sales but are awaiting a final decision on issuance
due to an Interior Board of Land Appeals ruling and the need
for supplemental environmental analysis under the National
Environmental Policy Act.
We recommend the following clarifications to the proposed
bill language. Section 2(b) of the bill sets out the purposes
of the Act, including the withdrawal of areas in the Wyoming
Range from location, entry, leasing, and patent under the
United States mining laws. However, the language in Section
3(a), which effects the withdrawal, withdraws those areas from
the laws governing mineral leasing, geothermal resource leasing
and disposition of mineral materials. We recommend that the
language in Sections 2 and 3 be aligned. We would like to work
with the Committee to more accurately determine boundaries and
acreage associated with the withdrawal.
Section 3(a) of the bill also provides that the withdrawal
under S. 2229 is subject to ``valid rights in existence on the
date of enactment,'' for the oil and gas leases that have
already been issued by BLM. The term ``valid rights'' may have
been intended to include the oil and gas leases that have been
sold, but not issued, but that would not be consistent with
Interior Board of Land Appeals precedent. Current supplemental
environmental analysis efforts are being conducted by the
Bridger-Teton National Forest to determine if it is appropriate
to issue those leases. The Committee should modify this section
to clarify that those leases which have been sold, but have not
been issued, may be issued notwithstanding the withdrawal,
following completion of the ongoing environmental analysis.
In Section 3(a)(3), we suggest that ``mineral materials''
be excluded from the withdrawal. Mineral material supplies are
critical to the maintenance of Forest Service roads and
facilities on the forest. Mineral materials include sand and
gravel as well as other materials utilized in the construction
and maintenance of Forest Service roads and facilities.
Maintaining roads and facilities is necessary to ensure proper
conditions and safety for the public and Forest Service
employees. This withdrawal would prohibit the Forest Service
from using locally obtainable mineral materials for public
purposes--including access to hunting and fishing--that are
consistent with the management of the national forests.
Replacement would be at greatly increased cost.
Section 3(c) of the bill provides that land for which valid
existing rights exist becomes subject to the withdrawal's
effect upon the termination of those rights. This provision is
not necessary. The withdrawal made by the legislation already
precludes new dispositions by the United States.
Section 3(e) would provide that the forest plan applies to
areas in the National Forest that are not withdrawn by the bill
or to any leases of that land. By implication, the forest plan
in its entirety would not apply to areas that are withdrawn. We
recommend that subsection (e) be deleted so that there would be
no uncertainty that the forest plan applies to the withdrawn
area. Alternatively, we would like to work with the Committee
to develop technical edits.
Section 4 would allow for retirement and repurchase of
mineral leases, including oil and gas leases, for lands within
the Wyoming Range. We recommend that the language be modified
to also permit the retirement and repurchase of mining claims
within the Wyoming Range located pursuant to the United States
mining laws if those mining claims constitute valid existing
rights. There are 26 mining claims in existence within the
proposed withdrawal area. Those claims may constitute valid
existing rights if they were properly located, a discovery of a
valuable locatable mineral deposit was made within the confines
of the claim prior to the date that the claimed lands are
withdrawn from appropriation under the United States mining
laws, and those mining claims are thereafter properly
maintained.
By agreement with the Department of the Interior, the
Forest Service prepares mineral examination reports to
determine whether a mining claim embracing National Forest
System lands constitutes a valid existing right following the
withdrawal of those lands from the operation of the United
States mining laws. The Department of Agriculture recommends
that the appropriations for the administrative costs of
conducting validity examinations and performing appraisals of
any mining claims which constitute valid existing rights, if
those actions are necessary, be included in Section 4 so as to
not create a financial impact on the Government.
We look forward to working with the bill's sponsor and the
committee to clarify the bill.
This concludes my testimony. I would be happy to answer any
questions you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill, S. 2229, as
ordered reported.