[Senate Report 111-316]
[From the U.S. Government Publishing Office]
Calendar No. 602
111th Congress Report
2d Session SENATE 111-316
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NORTH FORK WATERSHED PROTECTION ACT
_______
September 27, 2010.--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. 3075]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 3075) to withdraw certain Federal land
and interests in that land from location, entry, and patent
under the mining laws and disposition under the mineral and
geothermal leasing laws, having considered the same, reports
favorably thereon with an amendment and recommends that the
bill, as amended, do pass.
The amendment is 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 ``North Fork Watershed Protection Act
of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible federal land.--The term ``eligible Federal
land'' means--
(A) any federally owned land or interest in land
depicted on the Map as within the North Fork Federal
Lands Withdrawal Area; or
(B) any land or interest in land located within the
North Fork Federal Lands Withdrawal Area that is
acquired by the Federal Government after the date of
enactment of this Act.
(2) Map.--The term ``Map'' means the Bureau of Land
Management map entitled ``North Fork Federal Lands Withdrawal
Area'' and dated June 9, 2010.
SEC. 3. WITHDRAWAL.
(a) Withdrawal.--Subject to valid existing rights, the eligible
Federal land is withdrawn from--
(1) all forms of location, entry, and patent under the mining
laws; and
(2) disposition under all laws relating to mineral leasing
and geothermal leasing.
(b) Availability of Map.--Not later than 30 days after the date of
enactment of this Act, the Map shall be made available to the public at
each appropriate office of the Bureau of Land Management.
PURPOSE
The purpose of S. 3075, as ordered reported, is to withdraw
approximately 382,800 acres of Federal land located along the
Flathead River in northwestern Montana from the mining laws and
mineral and geothermal leasing laws.
BACKGROUND AND NEED
The North Fork of the Flathead River extends approximately
90 miles from its headwaters in southern British Columbia south
into Montana, where it forms the western boundary of Glacier
National Park. The Flathead River was designated as a component
of the National Wild and Scenic Rivers System in 1976.
Although the North Fork itself is protected under the Wild
and Scenic Rivers Act, the Canadian portion of the river and
the river's watershed are not protected. There have been
several mining or oil and gas development projects over the
years which have raised concerns about the potential impact on
the river's water quality.
In February 2010, the Province of British Columbia and the
State of Montana signed a Memorandum of Understanding (MOU) to
preclude mining, oil and gas development, and coalbed methane
extraction in the Flathead. Under the agreement, mining, oil
and gas, coalbed methane, and coal development would be
prohibited within the basin. However, much of the North Fork's
watershed in Montana is Federal land.
S. 3075 would withdraw the Federal acreage designated on
the June 9, 2010 map referenced in the bill from all forms of
location, entry, and patent under the mining laws of the United
States; and disposition under all laws relating to mineral
leasing and geothermal leasing. This action will prevent future
mining, oil and gas, coal bed methane, coal, and geothermal
development, as well as any other activities governed by these
statutes.
In 1982 the Department of the Interior issued several oil
and gas leases on national forest lands within the North Fork
watershed. Those leases were later suspended in 1988 when the
Ninth Circuit Court of Appeals ruled that the agency had failed
to comply with applicable environmental laws prior to issuing
the leases. The Federal agencies were enjoined from allowing
any activity on the issued leases. Since that decision, no
action has been taken on these leases, and there is presently
no oil and gas development on federal land within the area
proposed to be withdrawn by S. 3075. Since the introduction of
S. 3075, several lease holders have voluntarily relinquished
oil and gas leases covering approximately 200,000 acres of
lands within the area withdrawn under S. 3075, although a
significant number of outstanding leases remain.
LEGISLATIVE HISTORY
S. 3075 was introduced by Senators Baucus and Tester on
March 4, 2010. The subcommittee on Public Lands and Forests
held a hearing on S. 3075 on April 28, 2010.
The Committee on Energy and Natural Resources considered
the bill at its business meeting on July 21, 2010, and by a
vote of 13-10 adopted an amendment in the nature of a
substitute. At its business meeting on August 5, 2010, the
Committee ordered
S. 3075 favorably reported, as amended.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on August 5, 2010, by a voice vote of a quorum
present, recommends that the Senate pass S. 3075, if amended as
described herein.
COMMITTEE AMENDMENT
During its consideration of S. 3075, the Committee adopted
an amendment in the nature of a substitute. The amendment
provides an updated map reference reflecting new acreage in the
withdrawal area. As introduced, S. 3075 also withdrew lands
within Glacier National Park. The amendment deleted that
provision since the lands within the park are already
withdrawn. The amendment is explained in detail in the section-
by-section analysis below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``North Fork
Watershed Protection Act of 2010''.
Section 2 defines key terms used in the bill.
Section 3 withdraws, subject to valid existing rights, the
lands depicted on the map from all forms of location, entry,
and patent under the mining laws and disposition under laws
relating to mineral and geothermal leasing.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 3075--North Fork Watershed Protection Act of 2010
S. 3075 would withdraw about 300,000 acres of National
Forest System lands in Montana from disposal, mining, and
mineral leasing activities. The affected lands are jointly
managed by the Forest Service and the Bureau of Land Management
(BLM). Based on information from those agencies, CBO estimates
that implementing the legislation would have no significant
impact on the federal budget.
In 1985, a federal court ordered BLM to suspend all mineral
leases on the affected lands. Based on information from the
Forest Service and BLM, CBO expects that the suspension will
remain in place over the next 10 years. Further, based on
information from those agencies, CBO expects that those lands
will not be sold or generate any receipts from mining
activities over that period. Thus, CBO estimates that enacting
S. 3075 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 3075 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Peter H. Fontaine, Assistant Director
for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 3075.
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. 3075, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 3075, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of Agriculture and
the Department of the Interior at the April 28, 2010
Subcommittee hearing on S. 3075 follows.
Statement of Faye Krueger, Acting Associate Deputy Chief, National
Forest System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso and members of the
Subcommittee, thank you for the opportunity to provide the
views of the Department of Agriculture on S. 3075, the ``North
Fork Watershed Protection Act of 2010.''
S. 3075 would, subject to valid existing rights, withdraw
National Forest System (NFS) lands located in the North Fork of
Flathead River watershed in Montana which are managed as part
of the Flathead National Forest from location, entry, and
patent under the mining laws and from disposition under the
mineral and geothermal leasing laws. The Department supports S.
3075, however, I would like to clarify that although the
Department has surface management authority concerning mineral
operations, the management of the federal mineral estate falls
within the jurisdiction of the Secretary of the Interior. We
defer to the Department of the Interior on all issues related
to the status of the existing claims and leases.
background
The Forest Service administers surface resources on nearly
193 million acres of NFS lands located in forty-two states and
the Commonwealth of Puerto Rico. The Forest Plan for the
Flathead National Forest blends areas of multiple uses in the
North Fork with areas of specific or limited uses elsewhere on
the Forest. Under current law, NFS lands reserved from the
public domain pursuant to the Creative Act of 1891, including
those in S. 3075, are open to location, entry and patent under
the United States Mining Laws unless those lands have
subsequently been withdrawn from the application of the mining
laws. This bill would withdraw approximately 291,000 acres of
the Flathead NF from the operation of the locatable and
leasable mineral laws subject to valid existing rights.
The North Fork of the Flathead has low to moderate
potential for the occurrence of locatable and leasable
minerals. Much of the North Fork was leased for oil and gas in
the early 1980s. Subsequently, the Bureau of Land Management
(BLM) and Forest Service were sued and BLM suspended the leases
in 1985 to comply with a District Court ruling (Conner v.
Burford, 605 F. Supp. 107 (D.Mont.1985)). Presently, there are
no active locatable or leasable operations, including oil and
gas, in the North Fork. There are 115 leases that have been
suspended by the Secretary of the Interior since 1985.
comments on s. 3075
We recognize the bill would not affect the existing oil and
gas leases because they would constitute valid existing rights.
We also recognize the bill would not change the court's order
in Conner v. Burford requiring the BLM and Forest Service to
prepare an environmental impact statement (EIS) under the
National Environmental Policy Act before authorizing any
surface disturbing activities on the affected leases.
We are pleased that this bill would not preclude the
removal and use of mineral materials found on the NFS lands
that would be subject to the bill. The Flathead National Forest
and Flathead County rely on the close proximity of local
sources of aggregate to maintain roads economically and as a
source of building materials. Commensurate with the goal of S.
3075 to protect the North Fork watershed, the ability to
continue using those mineral materials would allow us to
adequately maintain local roads and reduce erosion related
impacts to streams and lakes in the North Fork.
We appreciate Senators Baucus and Tester's strong
commitment to protecting Montana's natural resources.
I would be happy to answer any questions from the
committee. Thank you.
Statement of Marcilynn A. Burke, Deputy Director, Bureau of Land
Management, Department of the Interior
Thank you for the invitation to testify on S. 3075, the
North Fork Watershed Protection Act of 2010. The Department of
the Interior supports S. 3075, which would withdraw Federal
lands within the North Fork watershed of Montana's Flathead
River from all forms of location, entry, and patent under the
mining laws and from disposition under all laws related to
mineral or geothermal leasing. Enactment of S. 3075 would mark
an important milestone in the work occurring across multiple
jurisdictions to help preserve the remarkable resources in the
Crown of the Continent ecosystem.
background
The Flathead River Basin, a key portion of an area known as
the Crown of the Continent ecosystem, spans the boundaries of
the United States and Canada. It includes part of the United
States' Glacier National Park and borders Canada's Waterton
Lakes National Park. These two parks comprise the world's first
International Peace Park as well as a World Heritage Site. The
U.S. Forest Service's Flathead National Forest is also located
within the Flathead River watershed. The Bureau of Land
Management manages the Federal mineral estate underlying the
Flathead National Forest.
Running along the west side of the Continental Divide, the
North Fork of the Flathead River enters the United States at
the Canadian border and forms the western border of Glacier
National Park until its confluence with the Middle Fork of the
Flathead River near the southern end of Glacier National Park.
The North Fork watershed, a sub-basin of the Flathead River
watershed, includes areas currently managed by the National
Park Service, the State of Montana, the U.S. Forest Service,
and some private landowners.
The Flathead River Basin is recognized for its natural
resource values, including wildlife corridors for large and
medium-sized carnivores, aquatic habitat, and plant species
diversity. The area is rich in cultural heritage resources,
with archeological evidence of human habitation starting 10,000
years ago. Several Indian tribes, including the Blackfeet, the
Salish, and the Kootenai, have a well-established presence in
the area. The area also has celebrated recreational
opportunities, including hunting, fishing, and backcountry
hiking and camping.
There has been interest in protecting the Crown of the
Continent resources for some time. On February 18, 2010, the
State of Montana and the Province of British Columbia executed
a Memorandum of Understanding which addresses a myriad of
issues related to the Flathead River Basin on both sides of the
U.S.-Canada border. The intention of Part I.A. of that
memorandum is to ``[r]emove mining, oil and gas, and coal
development as permissible land uses in the Flathead River
Basin.''
The Flathead River Basin contains Federally-owned
subsurface mineral estate under National Forest System lands
that the Federal government has leased for oil and gas
development, including 115 oil and gas leases in the North Fork
watershed that the BLM issued between 1982 and 1985. The
leases, which cover over 225,000 acres, are inactive and under
suspension as part of the 1985 court case Conner v. Burford.
The BLM has not offered any other leases in the Flathead
National Forest since the Conner v. Burford litigation
suspended the existing leases in 1985.
The U.S. Forest Service is responsible for the surface
management of National Forest System land; however, as noted
earlier, the Secretary of the Interior and the BLM are
responsible for administering the Federal subsurface mineral
estate under the Mining Law of 1872, the Mineral Leasing Act of
1920, and various mineral leasing acts. With respect to
locatable minerals and oil and gas resources, the Forest
Service has authority to regulate the effects of mineral
operations upon National Forest System resources. The BLM only
issues mineral leases for locatable minerals and oil and gas
resources upon concurrence of the surface management agency and
always 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 operations is reclaimed.
s. 3075
S. 3075 withdraws all Federal lands or interest in lands,
comprised of approximately 291,000 acres of the Flathead
National Forest, within the North Fork watershed of the
Flathead River from all forms of location, entry, and patent
under the mining laws and from disposition under all laws
related to mineral or geothermal leasing. We note that National
Park acreage within the watershed is already unavailable for
mineral entry. S. 3075 does not affect valid, existing rights,
including the 115 leases in the North Fork watershed that are
suspended under the Conner v. Burford litigation. The
Department fully supports S. 3075 as it furthers the goal of
preserving the important resources of this region.
The Waterton-Glacier International Peace Park, which
extends from Canada into the United States, is one of the great
protected ecosystems on the North American continent. A 2010
World Heritage Center/International Union for the Conservation
of Nature Report noted that the International Peace Park is
``one of the largest, most pristine, intact, and best protected
expanses of natural terrain in North America. It provides the
wide range of non-fragmented habitats and key ecological
connections that are vital for the survival and security of
wildlife and plants in the Waterton-Glacier property and the
Flathead watershed.'' Retaining this expanse of natural
landscape in the Crown of the Continent ecosystem is of vital
importance for providing ecosystem connectivity, which is
essential for the growth and survival of plants and animals in
the region. S. 3075 will help accomplish this goal.
The Department of the Interior is also committed to
maintaining the ecological integrity of Glacier National Park,
one of the most noteworthy natural and cultural treasures of
our Nation.
Preserving the region's and the park's water resources is
also critical. The rich aquatic ecosystems provide breeding and
feeding habitats for a variety of important species, and the
Department recognizes the importance of maintaining critical
habitat corridors when planning for resources uses. S. 3075
will help protect and preserve the important resources of the
greater Crown of the Continent ecosystem, including those
within Glacier National Park.
conclusion
The Department supports S. 3075 and commends the many
parties involved in protecting the North Fork of the Flathead
River and the important resources shared by the United States
and Canada. We hope that this legislation and the efforts of
the federal and state/provincial governments add to the
important legacy of conservation in the Glacier/Waterton Lakes
area and Flathead River basin.
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. 3075, as
ordered reported.
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