Federal Legislative Update
The first session of the 111th Congress convened on January 6, 2009. ARRA will keep you posted as legislation of interest is introduced in the 111th Congress.
The Democrats have a 255-178 majority in the House with two vacancies and a 60-40 majority in the Senate. The Senate number includes two members who are independents, but align with the Democrats.
The following bills are currently pending:
H.R. 1 – American Recovery and Reinvestment Act of 2009 (Stimulus Bill)
H.R. 1, sponsored by Rep. Obey (D-WI), includes $650 million for the US Forest Service and $315 million for BLM for construction and maintenance.
Status: LAW. P.L. 111-5. Passed House 1/28/09. Passed Senate 2/13/09. Signed by President 2/17/09.
Bill Text: H.R. 1
H.R. 146 – Omnibus Public Land Management Act of 2009
H.R. 146, sponsored by Rep. Holt (D-NJ), was amended to include provisions from S. 22, omnibus legislation that includes 160 public lands measures. Creates more than 2 million acres of wilderness while authorizing dozens of studies for potential parks, protected rivers and historical landmarks in addition to statutorily establishing the National Landscape Conservation System (see H.R. 404, below). Senate amendment also provides that nothing in the Act shall be construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping.
Status: LAW. P.L. 111-11. Passed House 3/3/09. After S. 22 failed to pass House 3/11/09, it was attached to H.R. 146. Amended version of H.R. 146, with omnibus public lands provisions, passed Senate on 3/19/09. Passed House 3/25/09. Signed by President 3/30/09.
Bill Text: H.R. 146
H.R. 404 – National Landscape Conservation System Act
H.R. 404, sponsored by Representative Grijalva (D-AZ) codifies the National Landscape Conservation System (NLCS) that the Clinton Administration created through regulation. The NLCS is made up of 26 million acres of specially designated lands such as Wilderness Areas and National Monuments on BLM lands. ARRA is concerned that this legislation would be interpreted by BLM land managers to mean that specially designated lands would have to be managed in a more restrictive fashion.
Status: In House Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 404
H.R. 718 – Legislation aimed to reinstate Interim Management Strategy governing ORV use at Cape Hatteras
H.R. 718, sponsored by Rep. Walter Jones (R-NC), reverses the April 30, 2008 consent decree regarding ORV use at North Carolina’s Cape Hatteras National Seashore and reinstates the Interim Management Strategy, pending the issuance of a final rule for ORV use by the National Park Service.
Status: In House Judiciary and Natural Resources Committees
Bill Text: H.R. 718
H.R. 1404/S. 561 – Federal Land Assistance, Management and Enhancement Act (Flame Act)
H.R. 1404, sponsored by Rep. Rahall (D-WV) and S. 561, sponsored by Sen. Bingaham (D-NM), creates a special catastrophic wildfire fund so federal land managers will no longer be forced to reprogram funds from other Forest Service and BLM activities, including recreation budgets, in order to pay for wildfire fighting costs.
H.R. 1404 Status: Passed House on 3/25/09. In Senate Energy & Natural Resources Committee.
S. 561 Status: In Senate Energy & Natural Resources Committee.
Bill Text: H.R. 1404; S. 561
H.R. 1587 – To amend the lead prohibition provisions of the Consumer Product Safety Improvement Act (CPSIA)
H.R. 1587, sponsored by Representative Rehberg (R-MT), provides authority to CPSC to exclude "ATVs" from lead ban provisions of CPSIA provided the agency determines that it is not technologically feasible for ATVs to comply with the standards. For purposes of this section of law, ATV defined as 2, 3 or 4 wheeled off highway vehicle with handlebars and designed to be straddled by the rider; also includes snowmobiles.
Status: In House Energy & Commerce Committee.
Bill Text: H.R. 1587
S. 22 – Omnibus Public Land Management Act of 2009
S. 22, sponsored by Senator Bingaman (D-NM), is omnibus legislation that includes 150 public lands measures including the National Landscape Conservation System (NLCS) Act. It also creates more than a million acres of wilderness while authorizing dozens of studies for potential parks, protected rivers and historical landmarks in addition to statutorily establishing the NLCS.
Status: Failed to pass House on 3/11/09; however, was attached to H.R. 146 subsequent to its passage in the House. H.R. 146 passed Senate 3/19/09. H.R. 146 passed House 3/25/09. H.R. 146 signed by President 3/30/09.
Bill Text: S. 22
S. 608 – Common Sense in Consumer Product Safety Act
S. 608, sponsored by Senator Tester (D-MT), excludes motor vehicles intended for children ages 7-12 from lead requirements imposed by Consumer Product Safety Improvement Act.
Status: In Senate Commerce, Science & Transportation Committee
Bill Text: S. 608
Wilderness Designations
Congress established the wilderness designation for public lands in the Wilderness Act of 1964. To be designated as wilderness, the proposed area must be "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain....an area of undeveloped federal land retaining its primeval character and influence, without permanent improvements or human habitation." Within designated wilderness areas, "there shall be no temporary (or permanent) road, no use of motor vehicles, motorized equipment or motorboats, no landing of aircraft, no other form of mechanized transport, and no structure or installation within any such area."
In this section of the Federal Legislative Update page, ARRA will keep you up-to-date on wilderness bills under consideration in Congress.
H.R. 39/S. 231 - The Udall-Eisenhower Arctic Wilderness Act
H.R. 39, sponsored by Representative Markey (D-MA), and S. 231, sponsored by Senator Lieberman (I-CT), designates 1,559,538 acres within the Arctic National Wildlife Refuge as wilderness.
H.R. 39 Status: In House Natural Resources Committee.
S. 231 Status: In Senate Environment and Public Works Committee.
Bill Text: H.R. 39; S. 231
H.R. 170/S. 183 – Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act
H.R. 170, sponsored by Rep. Salazar (D-CO) and S. 183, sponsored by Sen. Salazar (D-CO), designate 66,000 acres of BLM land in CO as wilderness. Establishes Dominguez-Escalante National Conservation Area to be managed as part of the NLCS. Restricts OHV use to designated roads and trails in the Conservation Area.
H.R. 170 Status: In House Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
S. 183 Status: In Senate Energy & Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 170; S. 183
H.R. 192 - Central Idaho National Forest and Public Land Management Act
H.R. 192, sponsored by Representative Simpson (R-ID), requires Secretary of Agriculture to convey specified parcels of Federal land to certain counties and cities in central Idaho. Requires Secretary of the Interior to convey to the State of Idaho a specified parcel of BLM land for a motorized recreation park. Directs Secretary of Agriculture to construct a trail for use by pedestrians and non-motorized vehicles and as a snowmobile route. Designates 301,500 acres in central Idaho as wilderness. Authorizes appropriations for a grant to Idaho's Off Road Motor Vehicle Program.
Status: In House Natural Resources Committee.
Bill Text: H.R. 192
H.R. 369 – California Desert and Mountain Heritage Act of 2009
H.R. 369, sponsored by Representative Bono (R-CA), designates 150,000 acres of National Park, National Forest and BLM land in CA as wilderness.
Status: In House Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 369
H.R. 419/S. 190 – Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act
H.R. 419, sponsored by Rep. Markey (D-CO), and S. 190, sponsored by Sen. Udall (D-CO), designates 250,000 acres of land in Colorado as wilderness.
H.R. 419 Status: In House Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
S. 190 Status: In Senate Energy & Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 419; S. 190
H.R. 921 – Sabinoso Wilderness Act of 2009
H.R. 921, sponsored by Rep. Lujan (D-NM), designates 16,000 acres of BLM land in NM as wilderness.
Status: In House Natural Resources Committee. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 921
H.R.980 - Northern Rockies Ecosystem Protection Act
H.R. 980, sponsored by Representative Maloney (D-NY), designates 23 million acres of land as wilderness in Idaho, Montana, Oregon, Washington, and Wyoming.
Status: In House Natural Resources Committee
Bill Text: H.R. 980
H.R. 1109 – Wild Monongahela Act: A National Legacy for West Virginia’s Special Places
H.R. 1109, sponsored by Rep. Rahall (D-WV), designates nearly 50,000 acres of National Forest land in WV as wilderness.
Status: In House Agriculture and Natural Resources Committees. Provisions of bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: H.R. 1109
H.R. 1769/S. 721 – Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act
H.R. 1769, sponsored by Representative Reichert (R-WA), and S. 721, sponsored by Senator Murray (D-WA), designates 22,000 acres of National Forest land in WA as wilderness.
H.R. 1769 Status: In House Natural Resources Committee, Subcommittee on National Parks, Forests, & Public Lands.
S. 721 Status: In Senate Energy & Natural Resources Committee
Bill Text: H.R. 1769 S. 721
H.R. 1925/S. 799 – America's Red Rock Wilderness Act of 2009
H.R. 1925, sponsored by Representative Hinchey (D-NY), and S. 799, sponsored by Senator Durbin (D-IL) designates 9 million acres of BLM land in UT as wilderness.
H.R. 1925 Status: In House Natural Resources Committee
S. 799 Status: In Senate Energy & Natural Resources Committee
Bill Text: H.R. 1925 S. 799
H.R. 2888/S. 1272 – Devil's Staircase Wilderness Act of 2009
H.R. 2888, sponsored by Representative DeFazio (D-OR) and S. 1272, sponsored by Senator Wyden (D-OR), designate approximately 30,000 acres of National Forest and BLM land in Oregon as wilderness.
H.R. 2888 Status: In House Natural Resources Committee
S. 1272 Status: In Senate Energy & Natural Resources Committee
Bill Text: H.R. 2888 S. 1272
S. 109 – Beaver Basin Wilderness Act
S. 109, sponsored by Sen. Levin (D-MI), designates 12,000 acres of National Park Service land in Michigan as wilderness.
Status: In Senate Energy & Natural Resources Cmte. Provisions of this bill are also incorporated in H.R. 146 and S. 22, omnibus public lands management legislation.
Bill Text: S. 109
S. 874 – El Rio Grande Del Norte National Conservation Area Establishment Act
S. 874, sponsored by Senator Bingaman (D-NM), designates approximately 21,000 acres of wilderness in New Mexico.
Status: In Senate Energy & Natural Resources Committee. Public Lands & Forests Subcommittee hearing held 6/17/09.
Bill Text: S. 874
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