Federal Legislative Update

The second session of the 110th Congress convened on January 3, 2008.  ARRA will keep you posted as legislation of interest is introduced in the 110th Congress. 

The Democrats have a 232-199 majority with four vacant seats in the House and a 51-49 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. 308 - R.S. 2477 Rights-of-Way Recognition Act 
  H.R. 308, sponsored by Representative Pearce (R-NM) declares valid all RS 2477s mapped between 1866 and 1976 that did not have a prior reservation before mapping, such as old national forests or old national parks. Establishes a new procedure for validating unmapped ROW assertions of state and local governments based on state law.
  Status: In House Natural Resources Committee.  RS 2477 (Revised Statute 2477 from the Mining Act of 1866), grants a public right-of-way across unreserved federal land to guarantee access as land transferred to state or private ownership. Rights-of-way were created and granted under RS 2477 until its repeal in 1976. Throughout the West, anti-access groups have challenged State and County jurisdiction over these roads. In 9/05, the Federal 10th Circuit Court of Appeals found that state law properly guides interpretation of the existence and scope of any RS 2477 roads.
  Text of Bill:  H.R. 308
  
  
• H.R. 1463 - The Federal Lands Restoration, Enhancement, Public Education, and Information Resources Act
  H.R. 1463, sponsored by Representative Udall (D-CO) provides that revenues collected from fines issued on federal lands under the jurisdiction of the Secretary of Interior or Agriculture would go to the affected agency and be used to repair any damage caused by violation and for public awareness campaigns regarding the appropriate use of public lands.
  Status: In House Forests & Forest Health Subcommittee and House Agriculture Committee.
  Text of Bill:  H.R. 1463
  
  
• H.R. 1484 -   Legislation aimed at deterring irresponsible use of public lands as an alternative to closure
  On March 12, 2007, Representatives Tom Tancredo (R-CO) and Mark Udall (D-CO) introduced H.R. 1484, a bill to provide for enforcement of a consistent set of fines and penalties applied to persons who knowingly violate or fail to comply with regulations of the following federal agencies:  the National Park Service, the Fish and Wildlife Service, the Bureau of Land Management and the Forest Service.
  
  The law would establish consistent penalties across federal lands, making those who abuse our public lands accountable for their actions while keeping public lands open for the vast majority of those who seek to recreate responsibly. 
  
  This legislation is similar to H.R. 975, which was passed  by the House of Representatives in the 109th Congress.  The measure failed to reach the Senate; therefore it was not enacted into law.  Reps. Tancredo and Udall re-introduced this same measure in the 110th Congress and the measure was given a new bill number (H.R. 1484).
  Status:  In House Natural Resources Committee (Subcommittee on National Parks, Forests, and Public Lands and Subcommittee on Fisheries, Wildlife, and Oceans) and House Agriculture Committee (Subcommittee on Department Operations, Oversight, Nutrition and Forestry).
  Text of Bill:  H.R. 1484
  
  

• H.R. 2516/S. 1478 – National Forest Roadless Area Conservation Act
  H.R. 2516, sponsored by Rep. Inslee (D-WA), and S. 1478, sponsored by Sen. Cantwell (D-WA), direct Secretary of Agriculture to maintain roadless character of the inventoried roadless areas within the National Forest System, thereby codifying the Clinton Administration’s U.S. Forest Service Roadless Area Conservation Rule that prohibits road construction on 58.5 million acres of national forests.
  H.R. 2516 Status: In House Agriculture and Resources Committees 
  S. 1478 Status: In Senate Energy & Natural Resources Committee
  Text of Bill: H.R. 2516; S. 1478 
  

• H.R. 2016/S. 1139 – National Landscape Conservation System Act
  H.R. 2016, sponsored by Representative Grijalva (D-AZ) and S. 1139, sponsored by Senator Bingaman (D-NM) codify 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.
  H.R. 2016 Status: Passed House on 4/9/08.
  S. 1139 Status: Reported out of Senate Energy and Natural Resources Committee 6/28/07.
  Text of Bill: H.R. 2016; S. 1139

• H.R. 6233/S. 3113 – Legislation aimed to reinstate Interim Management Strategy governing ORV use at Cape Hatteras
  H.R. 6233, sponsored by Rep. Walter Jones (R-NC), and S. 3113, sponsored by Sen. Elizabeth Dole (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. 
  H.R. 6233 Status: Subcommittee on Public Lands & Forests hearing held 9/11/08.
  S. 3113 Status: In Senate Energy & Natural Resources Cmte.
  Bill Text: H.R. 6233 S. 3113
  
  

• S. 658 - The Endangered Species Reform Act of 2007
  S. 658, sponsored by Senator Thomas (R-WY) requires the Secretary of Interior to use the best scientific and commercial data available, that is empirical or has been field-tested or peer-reviewed, and that there is sufficient biological information to support recovery planning for species listed as endangered.  Also gives a more substantial role to the states and general public in determining which species are endangered.
  Status: In Senate Environment & Public Works Committee.
  Text of Bill: S. 658
  
  
• S. 2438 – Fee Repeal and Expanded Access Act of 2007  
  S. 2438, sponsored by Sen. Baucus (R-MT), provides for the application and administration of certain admission and use fees on National Parks.  Repeals the Federal Lands Recreation Enhancement Act.
  Status: In Senate Energy & Natural Resources Cmte.
  Bill Text: S. 2438
  

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 - The Udall-Eisenhower Arctic Wilderness Act
H.R. 39, sponsored by Representative Markey (D-MA), designates 1,559,538 acres within the Arctic National Wildlife Refuge as wilderness.
Status: In House Natural Resources Committee.
Text of Bill: H.R. 39

H.R. 222 - The Central Idaho Economic Development and Recreation Act
H.R. 222, 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.
Text of Bill: H.R. 222

H.R. 707 - The Chattahoochee National Forest Act of 2007 
H.R. 707, sponsored by Representative Deal (R-GA), designates 5861 acres in GA as wilderness.  Also designates 13,382 acres as the Mountaintown National Scenic Area and bans motorized recreation within its boundaries. 
Status: In House Natural Resources and Agriculture Committees.
Text of Bill: H.R. 707

H.R. 860/S. 493 - The California Wild Heritage Act of 2007
H.R. 860, sponsored by Representative Solis (D-CA), and S. 493, sponsored by Senator Boxer (D-CA), designate approximately 2.5 million acres of land in CA as wilderness.
H.R. 860 Status: In House Natural Resources Committee.   
S. 493 Status:  In Senate Energy & Natural Resources Committee.
Text of Bill: H.R. 860; S. 493

H.R. 886/ S. 520 -  The Wild Sky Wilderness Act of 2007
H.R. 886, sponsored by Representative Larsen (D-WA), and S. 520, sponsored by Senator Murray (D-WA), designate 106,000 acres in the Skykomish River valley in northwest Washington the Wild Sky Wilderness area.
H.R. 886 Status: Passed House 4/17/07. Reported out of Senate Energy & Natural Resources Committee on 5/23/07.  Provisions of these bills also incorporated into S. 2179, S. 2483 and S. 2616 (below), omnibus public lands management legislation.
S. 520 Status:  In Senate Energy & Natural Resources Committee.
Text of Bill: H.R. 886; S. 520

H.R. 1011/ S. 570 -  The Virginia Ridge and Valley Act of 2007
H.R. 1011, sponsored by Representative Boucher (D-VA) and S. 570 sponsored by Senator Warner (R-VA), designate 42,943 acres in the Jefferson National Forest, Virginia as wilderness.
H.R. 1011 Status: Passed House 10/23/07.  Senate Energy & Natural Resources Cmte., Public Lands & Forests Subcmte. hearing held 4/15/08.
S. 570 Status:  Reported out of Senate Energy & Natural Resources Cmte. 5/7/08. Provisions of these bills also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill: H.R. 1011; S. 570

H.R. 1919/S. 1170 - America's Red Rock Wilderness Act of 2007
H.R. 1919, sponsored by Rep. Hinchey (D-NY), and S. 1170, sponsored by Sen. Durbin (D-IL) designates 9 million acres of BLM land in UT as wilderness.
H.R. 1919 Status:  In House Natural Resources Cmte.
S. 1170 Status:  In Senate Energy & Natural Resources Cmte.
Text of Bill: H.R. 1919 S. 1170

H.R.1975 - Northern Rockies Ecosystem Protection Act 
H.R. 1975, 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, Subcommittee on National Parks, Forests & Public Lands.  Subcommittee hearing held 10/18/07.  ARRA Executive Director Larry Smith testified against the legislation.
Text of Bill: H.R. 1975

H.R. 2334/S. 1380 – Rocky Mountain National Park Wilderness and Indian Peaks Wilderness Expansion Act
H.R. 2334, sponsored by Rep. Udall (D-CO), and S. 1380, sponsored by Sen. Salazar (D-CO), designates 250,000 acres of land in CO as wilderness.
H.R. 2334 Status: In House Natural Resources Committee.
S. 1380 Status:  Reported out of full Cmte. 5/7/08. Provisions of this bill also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill:  H.R. 2334; S. 1380

H.R. 2632 – Sabinoso Wilderness Act of 2007
H.R. 2632, sponsored by Rep. Udall (D-NM), designates 20,000 acres of BLM land in NM as wilderness.
Status: Reported out of Senate Energy & Natural Resources Cmte. on 9/16/08.
Text of Bill: H.R. 2632

H.R. 2801/S. 1680 – Izembek and Alaska Peninsula Refuge and Wilderness Enhancement Act of 2007
H.R. 2801, sponsored by Rep. Young (R-AK), and S. 1680, sponsored by Sen. Murkowski (R-AK), designate 46,000 acres in wildlife refuge in AK as wilderness.
H.R. 2801 Status:  Reported out of House Natural Resources Cmte. on 4/23/08.
S. 1680 Status:  Reported out of Senate Energy & Natural Resources Cmte. on 9/16/08.
Text of Bill: H.R. 2801; S. 1680

H.R. 3022/S. 1774 – Sequioa-Kings Canyon National Park Wilderness Act of 2007
H.R. 3022, sponsored by Rep. Costa (D-CA), and S. 1774, sponsored by Sen. Boxer (D-CA), designates 120,000 acres of National Park land in CA as wilderness.
H.R. 3022 Status:  Passed House on 6/9/08.
S. 1774 Status:  In Senate Energy & Natural Resources Cmte., Subcmte. on National Parks.  Subcmte. hearing held 6/17/08.
Text of Bill: H.R. 3022; S. 1774

H.R. 3513/S. 2034 – Copper Salmon Wilderness Act
H.R. 3513, sponsored by Rep. DeFazio (D-OR) and S.2034, sponsored by Sen. Wyden (D-OR), designates 83,000 acres of National Forest land in OR as wilderness.
H.R. 3513 Status: Passed House on 4/22/08.
S. 2034 Status:  Passed Senate Energy & Natural Resources Cmte. on 1/30/08. Provisions of these bills also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill: H.R. 3022; S. 1774

H.R. 3287 – Tumacacori Highlands Wilderness Act of 2007
H.R. 3287, sponsored by Representative Grijalva (D-AZ), designates 83,000 acres of National Forest land in AZ as wilderness.
Status: In House Natural Resources Cmte., Subcmte. on National Parks, Forests, & Public Lands. Subcmte. hearing held 11/13/07.
Text of Bill: H.R. 3287

H.R. 3682/S. 2109 – California Desert and Mountain Heritage Act
H.R. 3682, sponsored by Representative Bono (R-CA), and S. 2109, sponsored by Senator Boxer (D-CA), designate 150,000 acres of National Park, National Forest and BLM land in CA as wilderness.
H.R. 3682 Status: Passed House on 6/9/08.
S. 2109 Status: Subcommittee on Public Lands & Forests hearing held 4/15/08.
Text of Bill: H.R. 3682; S. 2109 

H.R. 3756 – Colorado Wilderness Act of 2007
H.R. 3756, sponsored by Representative DeGette (D-CO), designates 1.7 million acres of National Forest and BLM land in CO as wilderness.
Status: In House Natural Resources Cmte., Subcmte. on National Parks, Forests, & Public Lands.
Text of Bill: H.R. 3756

H.R. 3757 – Alaska Rainforest Conservation Act
H.R. 3757, sponsored by Representative DeLauro (D-CT), designates 3.2 million acres of National Forest land in AK as wilderness.
Status: In House Natural Resources Cmte., Subcmte. on National Parks, Forests & Public Lands.
Text of Bill: H.R.3757

H.R. 4113 – Alpine Lakes Wilderness Additions and Wild Pratt River Act of 2007
H.R. 4113, sponsored by Representative Reichert (R-WA), designates 22,000 acres of National Forest land in WA as wilderness.
Status: In House Natural Resources Cmte., Subcmte. on National Parks, Forests, & Public Lands.
Text of Bill: H.R. 4113

H.R. 5151/S. 2581 – Wild Mononghahela Act: A National Legacy for West Virginia’s Special Places
H.R. 5151, sponsored by Rep. Rahall (D-WV), and S. 2581, sponsored by Sen. Byrd (D-WV), designates nearly 50,000 acres of National Forest land in WV as wilderness.
H.R. 5151 Status:  Reported out of Senate Energy & Natural Resources Cmte. 6/16/08.
S. 2581 Status: Subcommittee on Public Lands & Forests hearing held 4/15/08. Provisions of these bills also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill: H.R. 5151; S. 2581

H.R. 5610 – Protecting America's Wild Places Act of 2008
H.R. 5610, sponsored by Rep. Grijalva (D-AZ), is omnibus public lands management legislation.  Includes wilderness designations in WV (see H.R. 5151 above), AZ (see H.R. 3287 above), NM (see H.R. 2632 above) OR (see H.R. 3513 above), and CA (see H.R. 3022 above).  Also includes other public lands management provisions.
Status: In House Natural Resources and Agriculture Cmtes.
Text of Bill: H.R. 5610

H.R. 6156/S. 3069 – Eastern Sierra and Northern San Gabriel Wild Heritage Act 
H.R. 6156, sponsored by Rep. McKeon (R-CA) and S. 3069, sponsored by Sen. Boxer (D-CA), designates 475,000 acres of National Forest land in CA as wilderness.
H.R. 6156 Status: Subcommittee on Public Lands & Forests hearing held 9/11/08.
S. 3069 Status:  In Senate Energy & Natural Resources Cmte.
Text of Bill: H.R. 6156; S. 3069

H.R. 6162/S.3065 – Dominguez-Escalante National Conservation Area and Dominguez Canyon Wilderness Area Act
H.R. 6162, sponsored by Rep. Salazar (D-CO) and S. 3065, sponsored by Sen. Salazar (D-CO), designates 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. 6162 Status: In House Natural Resources Cmte.
S. 3065 Status: In Senate Energy & Natural Resources Cmte.
Text of Bill: H.R. 6162; S. 3065

H.R. 6300 – Dona Ana County Planned Growth, Open Space, and Rangeland Preservation Act of 2008
H.R. 6300, sponsored by Rep. Pearce (R-NM), designates 285,000 acres of BLM land as Rangeland Preservation Areas. Provides that the Secretary of Interior shall not allow use of motorized vehicles in such Areas, except Secretary shall allow their use of roads and trails designated for vehicular use under the management plan and as determined to be necessary for specified purposes.
Status: In House Natural Resources Cmte.
Text of Bill: H.R. 6300

S. 647 -  The Lewis and Clark Mount Hood Wilderness Act of 2007 
S. 647, sponsored by Senator Wyden (D-OR) designates 128,400 acres in OR as wilderness.
Status: Reported out of Senate Energy & Natural Resources Cmte. 7/25/07. Provisions of this bill also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill: S. 647 

S. 802 - Owyhee Initiative Implementation Act of 2007
S. 802, sponsored by Senator Crapo (R-ID), designates 517,000 acres of BLM land in Idaho as wilderness.
Status: In Senate Energy & Natural Resources Committee.
Text of Bill: S. 802

S. 2179 – National Forests, Parks, Public Land, and Reclamation Projects Authorization Act of 2007
S. 2179, sponsored by Senator Bingaman (D-NM), is omnibus public lands management legislation incorporating provisions of numerous stand-alone bills. Designates 106,000 acres of National Forest land in WA as wilderness.
Status: Signed into law on 5/8/08 (see S. 2739 below).
Text of Bill: S. 2179

S. 2180 – Natural Resource Projects and Programs Authorization Act of 2007
S. 2180, sponsored by Senator Bingaman (D-NM), is omnibus public lands management legislation incorporating provisions of numerous stand-alone bills. Designates 125,000 acres of National Forest and BLM land in OR as wilderness. Also includes S. 1139, National Landscape Conservation System Act (above).
Status: Provisions of this bill also incorporated into S. 3213 (below), omnibus public lands management legislation.
Text of Bill: S. 2180

S. 2483/S. 2616 – Natural Resource Projects and Programs Authorization Act of 2008
S. 2483 and S. 2616, sponsored by Sen. Bingaman (D-NM), are omnibus public lands management legislation incorporating provisions of numerous stand-alone bills.  Designates 106,000 acres of National Forest in WA as wilderness.  Each of these bills includes additional non-wilderness provisions as compared to S. 2179 (above).
Status: Each of these bills include additional non-wilderness provisions as compared to S. 2179 (above). S. 2739 below, containing similar provisions, was signed into law 5/8/08.  
Text of Bill: S. 2483; S. 2616

S. 2739 – Consolidated Natural Resources Act of 2008
S. 2739, sponsored by Sen. Bingaman (D-NM), is omnibus public lands management legislation incorporating provisions of numerous stand-alone bills.  Designates 106,000 acres in the Skykomish River valley in northwest WA as wilderness.  Also includes several public lands study authorizations and Heritage area designations.
Status: Signed into law on 5/8/08.
Text of Bill: S. 2739 

S. 2833 – Owyhee Public Land Management Act of 2008
S. 2833, sponsored by Sen. Crapo (R-ID), designates 517,000 acres of BLM land in ID as wilderness.
Status:  Reported out of Senate Energy & Natural Resources on 5/7/08.
Text of Bill: S. 2833

S. 2834 – Washington County Growth and Conservation Act of 2008
S. 2834, sponsored by Sen. Bennett (R-UT), designates 140,000 acres of National Forest and BLM land in UT as wilderness.  Includes provisions requiring Dept. of Interior to implement a travel management plan including designations of existing OHV trails.
Status: In Senate Energy & Natural Resources Cmte., Subcmte. on Public Lands & Forests held hearing 4/22/08.
Text of Bill: S. 2834

S. 3066 – Browns Canyon Wilderness Act
S. 3066, sponsored by Sen. Salazar (D-CO), designates 20,000 acres of National Forest land in CO as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text of Bill: S. 3066

S. 3088 – Browns Canyon Wilderness Act
S. 3088, sponsored by Sen. Wyden (D-OR), designates 30,000 acres of BLM land in OR as wilderness. Includes "findings of Congress" provisions that state: "there are over 400,000 acres of public land near Bend, Oregon, available for off-highway vehicles and other motorized recreation uses," and "motorized recreation users in central Oregon should continue to have access to an abundance of land managed, in part, for their use."
Status: In Senate Energy & Natural Resources Cmte.
Text of Bill: S. 3088

S. 3089 – Spring Basin Wilderness Act
S. 3089, sponsored by Sen. Wyden (D-OR), designates 9,000 acres of BLM land in OR as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text of Bill: S. 3089

S. 3213 – Omnibus Public Land Management Act of 2008
S. 3213, sponsored by Sen. Bingaman (D-NM), is omnibus public lands management legislation incorporating provisions of numerous stand-alone bills. Includes National Landscape Conservation System Act (see H.R. 2016/S. 1139 above) as well as wilderness designations in VA (see H.R. 1011/S. 570 above), OR (see H.R. 3513/S. 2034 and S. 647 above), WV (see H.R. 5151/S. 2581 above) and CO (see S. 1380 above).
Status: Placed on Senate Calendar 6/27/08.
Text of Bill: S. 3213