[Senate Report 115-402]
[From the U.S. Government Publishing Office]
Calendar No. 688
115th Congress} { Report
SENATE
2d Session } { 115-402
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YELLOWSTONE GATEWAY PROTECTION ACT
_______
December 4, 2018.--Ordered to be printed
_______
Ms. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 941]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 941) to withdraw certain National Forest
System land in the Emigrant Crevice area located in the Custer
Gallatin National Forest, Park County, Montana, from the mining
and mineral leasing laws of the United States, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 941 is to withdraw certain National
Forest System land in the Emigrant Crevice area located in the
Custer Gallatin National Forest, Park County, Montana, from the
mining and mineral leasing laws of the United States.
BACKGROUND AND NEED
Paradise Valley is a major river valley of the Yellowstone
River in Southwestern Montana just north of Yellowstone
National Park in Park County, Montana. The valley is flanked by
the Absaroka Range on the east and the Gallatin Range on the
west. The Yellowstone River flows through the valley and is
noted for world class fly fishing. The valley also contains
several natural hot springs, including Chico Hot Springs near
Emigrant, Montana.
In 2015, Lucky Minerals Inc., a Canadian company, applied
for permits for exploratory drilling for gold and other
minerals on both federal and private lands in the Emigrant
Gulch area north of Chico Hot Springs. Though it withdrew its
federal application, Lucky Minerals still has applications
pending on private land. Another company, Crevice Mining Group,
is proposing to mine on private lands that are surrounded by
the Custer Gallatin National Forest, within the view of the
Roosevelt Arch at Yellowstone National Park's north entrance.
Environmental groups and local businesses have raised
concerns that the exploration could lead to mining development,
which they assert could harm wildlife, water quality and
tourism. In June 2016, these groups asked the Obama
Administration to issue an administrative mineral withdrawal of
the Federal lands in the Emigrant Gulch area.
Mining organizations have raised concerns about the
withdrawal of land known to be highly mineralized. They note
that the region was removed from the Absaroka Wilderness Area
in 1978, at the recommendation of the U.S. Bureau of Mines, due
to its substantial mineral potential. They further highlight
the industry's technological improvements and warn that such
land withdrawal will increase the nation's dependence on
foreign sources of critical and strategic minerals.
In November 2016, the U.S. Forest Service filed an
application with the Bureau of Land Management (BLM) requesting
that the Secretary of the Interior withdraw, for a 20-year
term, approximately 30,370 acres of National Forest System
lands in the Paradise Valley and Gardiner Basin from location
and entry under the United States mining laws, but not from
leasing under mineral and geothermal laws. According to the
Forest Service's application, the purpose of the withdrawal is
to protect and preserve the scenic integrity, wildlife
corridors, and recreation values of the Emigrant Crevice area
located in the Custer Gallatin National Forest, Park County,
Montana. The Federal Register publication temporarily
segregates the lands for up to two years from location and
entry under the United States mining laws while the withdrawal
application is processed.
On October 12, 2018, BLM issued a public land order (PLO,
83 FR 51701) that withdrew the 30,370 acres of Forest Service
land from location and entry under mining laws for 20 years,
subject to valid existing laws. The PLO makes clear that the
land is still open to leasing under mineral and geothermal
leasing laws. While the segregation does not affect the claims
of Lucky Minerals or Crevice, an extended or permanent
withdrawal from mining could impact their claims' viability.
Pursuant to current law, the Department of the Interior can
withdraw these lands for a maximum of 20 years but only
Congress can legislate a permanent withdrawal. S. 941
permanently withdraws the approximately 30,370 acres of
National Forest System lands in the Emigrant Crevice area
located in the Custer Gallatin National Forest, Park County,
Montana from mining and mineral and geothermal leasing laws.
LEGISLATIVE HISTORY
S. 941 was introduced by Senator Tester on April 25, 2017.
The Subcommittee on Public Lands, Forests, and Mining, held a
hearing on S. 941 on July 26, 2017.
Companion legislation, H.R. 4644, was introduced by
Representative Gianforte in the House of Representatives on
December 14, 2017. The Natural Resources Committee's
Subcommittee on
Energy and Mineral Resources held a hearing on H.R. 4644 on
June 21, 2018. The Natural Resources Committee ordered the bill
favorably reported by a vote of 28-4 on September 26, 2018
(H. Rept. 115-992).
The Senate Committee on Energy and Natural Resource met in
open business session on October 2, 2018, and ordered S. 941
favorably reported.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on October 2, 2018, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
941. Senators Risch and Lee asked to be recorded as voting no.
SECTION-BY-SECTION ANALYSIS
Sec 1. Short title
Section 1 provides a short title for the bill.
Sec 2. Withdrawal
Section 2(a) defines ``map'' to be the map entitled
``Emigrant Crevice Proposed Withdrawal Area,'' and dated
November 10, 2016.
Subsection (b) withdraws, subject to valid existing rights,
30,370 acres of Forest System land depicted on the map from
location, entry, and patent under mining laws, and from
disposition under mineral and geothermal leasing laws.
Subsection (c) makes clear that any land acquired by the
Federal government after the Act's enactment that is within the
boundaries of the land depicted on the map, is immediately
withdrawn in accordance with this section.
Subsection (d) requires the Secretary of Agriculture to
file the map with the Committees of jurisdiction; authorizes
the Secretary of Agriculture to correct minor errors in the
map; and requires the Forest Service and BLM to make the map
publicly available.
Subsection (e) makes clear that nothing in this legislation
impacts any recreational uses, including hunting and fishing,
on the withdrawn land as depicted on the map that are
authorized under applicable laws as of the date of the Act's
enactment.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
S. 941 would withdraw roughly 30,000 acres of land in the
Custer Gallatin National Forest in Montana from mining laws and
mineral and geothermal leasing, subject to valid existing
rights. That is, the bill would not allow new mining or other
related activities on those lands, which are adjacent to the
northern boundary of Yellowstone National Park.
The Department of the Interior is reviewing a public land
order to withdraw those lands from location and entry under
mining laws for a period of 20 years. Through November 22,
2018, no new mining claims will be accepted on those lands. If
the department chooses not to implement the order, the lands
will be open to new mining claims after that date. Using
information from the department, CBO estimates that
implementing the order would produce no significant change in
administrative costs; therefore, implementing the bill also
would have no significant effect on spending subject to
appropriation.
Because the affected lands currently produce no income from
mineral or geothermal leasing (and are not expected to do so in
the future), CBO estimates that enacting the bill would not
affect offsetting receipts, which are treated as reductions in
direct spending. Because enacting [Title] would not affect
direct spending or revenues, pay-as-you-go procedures do not
apply.
CBO estimates that enacting S. 941 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 941 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On October 19, 2018, CBO transmitted a cost estimate of
H.R. 4644, the Yellowstone Gateway Protection Act, as ordered
reported by the House Committee on Natural Resources on
September 26, 2018. The two pieces of legislation are similar
and CBO's estimates of their budgetary effects are the same.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy 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. 941. 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. 941, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 941, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Department of Agriculture at
the July 26, 2017, hearing on S. 941 follows:
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, United States Department of Agriculture
S. 941 would withdraw certain National Forest System land
in the Emigrant Crevice area located in the Custer Gallatin
National Forest, Montana, from the mining and mineral leasing
laws of the United States, subject to valid existing rights.
USDA supports domestic energy and mineral production as an
important use of the National Forest System. Mining and energy
development are an important source of jobs and can be a driver
of local economies, especially in rural America. Employing
modern technology, mineral and energy resources can be
developed in many locations in ways that safeguard
environmental protections. USDA seeks to manage these resources
and activities in balance with the other natural resources,
values, and economic drivers found on and around the national
forests.
Toward that balancing effort, on November 22, 2016, the
Bureau of Land Management (BLM) published a notice in the
Federal Register announcing that the Forest Service had filed
an application requesting that the Secretary of the Interior
withdraw, for a 20-year term and subject to valid existing
rights, approximately 30,370 acres of National Forest System
lands from location and entry under the United States mining
laws, but not from leasing under mineral and geothermal laws.
Publication of the Federal Register notice temporarily
segregated the lands for up to two years from location and
entry under the United States mining laws while the withdrawal
application is being processed. The lands have otherwise been
and will remain open to such forms of disposition as may be
allowed by law on National Forest System lands, including
leasing under the mineral and geothermal leasing laws. This
notice also began a 90 day public comment opportunity to
provide input on the withdrawal application, and announced a
public meeting, which was held on January 18, 2017, in
Livingston, Montana. Thousands of comments were received. These
comments were largely, though not universally, supportive of
proceeding with the withdrawal application. On June 17, the
Custer Gallatin National Forest released a scoping notice, the
beginning of the formal environmental review process under the
National Environmental Policy Act. The proposed action is to
withdraw these areas from future mineral entry under the 1872
Mining Law, subject to valid existing rights, for 20 years.
Passage of S. 941 would render this administrative withdrawal
process moot.
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 as ordered
reported.
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