Federal Legislative Update

The first session of the 113th Congress convened on January 3, 2013.  ARRA will keep you posted as legislation of interest is introduced in the 113th Congress.

The Republicans have a 233-200 majority in the House with two vacancies and the Democrats have a 55-45 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. 445 - National Heritage Area Act of 2013
H.R. 445, sponsored by Rep. Dent (R-PA), establishes a system of National Heritage Areas through which Secretary of the Interior may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. System to be composed of National Heritage Areas designated by Congress before enactment of this Act or under this Act. Prohibits National Heritage Areas from being considered to be units of the National Park System, or subject to the authorities applicable to such units. Specifies criteria that Secretary shall apply to determine suitability and feasibility of designating proposed National Heritage Areas. States that designation of a National Heritage Area shall be by Act of Congress and contingent on prior completion of a management plan and an affirmative determination by the Secretary that the area meets such criteria. Sets forth requirements for National Heritage Area management plans.   
Status: In House Natural Resources Cmte.
Text: H.R. 445

H.R. 819/S. 486 - Preserving Public Access to Cape Hatteras Beaches Act
H.R. 819, sponsored by Rep. Jones (R-NC), and S. 486, sponsored by Sen. Burr (R-NC), require Cape Hatteras National Seashore Recreational Area to be managed in accordance with Interim Protected Species Management Strategy/Environmental Assessment issued by National Park Service unless Secretary of Interior issues new final rule that meets specified requirements. They also prohibit Secretary from imposing any additional restrictions on pedestrian or motorized vehicular access to any portion of the Area for species protection beyond those in Interim Management Strategy.            
H.R. 819 Status: In House Natural Resources and Judiciary Cmtes. House Natural Resources Cmte. Subcommittee on Public Lands & Environmental Regulation hearing held 3/14/13.
S. 486 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 819; S. 486

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H.R. 1025/S. 483 - Berryessa Snow Mountain National Conservation Area Act
H.R. 1025, sponsored by Rep. Thompson (D-CA), and S. 483, sponsored by Sen. Boxer (D-CA), designate Berryessa Snow Mountain National Conservation Area in northern CA. They require BLM and Forest Service to continue to authorize, maintain and enhance recreational use of the conservation area, including motorized recreation on designated roads and trails.   
H.R. 1025 Status: In House Natural Resources Cmte.
S. 483 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 1025; S. 483

S. 400 - Corps of Engineers Recreation Improvement Act
S. 400, sponsored by Sen. Boozman (R-AR), includes the Corps of Engineers in the Federal Lands Recreation Enhancement Act which allows the Corps to retain recreation fees, already charged for certain activities, in the same manner as the other federal land management agencies.     
Status: In Senate Environment & Public Works Cmte.
Text: S. 400

National Monuments

The Antiquities Act of 1906 grants the President unilateral authority to designate areas of public lands as National Monuments. While it seems clear that the original intent of the law was to provide Presidents with the ability to designate specific landmarks or objects, plus as small a portion of surrounding land as practicable, several Presidents have used the authority to designate large areas. It is almost certain that OHV use will be restricted in any area designated as a National Monument as anti-access proponents view monument designations as a way to functionally manage an area as wilderness without going through the formal wilderness designation process. Last session a leaked Department of Interior memo outlined the Obama Administration’s consideration of designating up to 13 million acres of public lands in 11 western states as National Monuments. As a result numerous bills have been introduced to restrict National Monument designations. Wyoming was previously exempted from the Antiquities Act by statute.  

H.R. 250 - To amend the Antiquities Act of 1906
H.R. 250, sponsored by Rep. Chaffetz (R-UT), requires the President, prior to designating a national monument, to obtain Congressional approval.              
Status: In House Natural Resources Cmte.
Text: H.R. 250

H.R. 382 - Preserve Land Freedom For Americans Act
H.R. 382, sponsored by Rep. Foxx (R-NC), requires the President, prior to designating a national monument, to obtain a state's approval for a monument located on federal land within the state. Bars Secretary of Interior from implementing any restrictions on public use of a national monument until expiration of an appropriate review period providing for public input and state approval.       
Status: In House Natural Resources Cmte.
Text: H.R. 382

H.R 432/S. 472 - To prohibit the further extension or establishment of national monuments in Nevada
H.R. 432, sponsored by Rep. Amodei (R-NV) and S. 472 , sponsored by Sen. Heller (R-NV), prohibit the further extension or establishment of national monuments in Nevada except by express authorization of Congress.
H.R. 432 Status: In House Natural Resources Cmte.
S. 472 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 432; S. 472

H.R. 758 - Utah Land Sovereignty Act
H.R. 758, sponsored by Rep. Stewart (R-UT), prohibits any further extension or establishment of national parks and monuments in Utah except by express authorization of Congress.         
Status: In House Natural Resources Cmte.
Text: H.R. 758

H.R. 995 - Organ Mountains National Monument Establishment Act
H.R. 995, sponsored by Rep. Pearce (R-NM), designates 58,512 acres of BLM land in NM as the Organ Mountains National Monument. Provides that use of motorized vehicles in the Monument shall be permitted only on roads designated for motorized vehicle use in the management plan.             
Status: In House Natural Resources Cmte.
Text: H.R. 995

S. 104 – National Monuments Act of 2011
S. 104, sponsored by Sen. Vitter (R-LA), requires the President, prior to designating a national monument, to obtain Congressional approval. Bars Secretary of Interior from implementing any restrictions on public use of a national monument until expiration of an appropriate review period providing for public input and Congressional approval.        
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 104

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. 139 - The Udall-Eisenhower Arctic Wilderness Act
H.R. 139, sponsored by Rep. Markey (D-MA), designates 1,559,538 acres within the Arctic National Wildlife Refuge as wilderness.       
Status: In House Natural Resources Cmte.
Text: H.R. 139

H.R. 145 - Central Idaho Economic Development and Recreation Act
H.R. 145, sponsored by Rep. Simpson (R-ID), designates 333,000 acres of National Forest and BLM land in Idaho as wilderness. Requires Secretary of Agriculture to convey specified parcels of Federal land to certain counties and cities in central Idaho. Requires Secretary to maintain a trail for single track, 2-wheeled motorized and mechanized travel between the Hemingway-Boulders Wilderness and the White Clouds Wilderness areas as designated by the bill.
Status: In House Natural Resources Cmte.
Text: H.R. 145

H.R. 163/S. 23 - Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act
H.R. 163, sponsored by Rep. Huizenga (R-MI), and S. 23, sponsored by Sen. Levin (D-MI), designate 32,557 acres in MI as wilderness.       
H.R. 163 Status: In House Natural Resources Cmte.
S. 23 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 163; S. 23

H.R. 361/S. 112 - Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act
H.R. 361, sponsored by Rep. Reichert (R-WA), and S. 322, sponsored by Sen. Murray (D-WA), designate 22,000 acres of National Forest land in WA as wilderness.
H.R. 361 Status: In House Natural Resources Cmte.
S. 322 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 361; S. 112

H.R. 433/S. 342 - Pine Forest Range Recreation Enhancement Act
H.R. 433, sponsored by Rep. Amodei (R-NV), and S. 342, sponsored by Sen. Reid (D-NV), designate 26,000 acres of BLM land in NV as wilderness.            
H.R. 433 Status: In House Natural Resources Cmte.
S. 342 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 433; S. 342

H.R. 560/S. 241 - Rio Grande del Norte National Conservation Area Establishment Act
H.R. 560, sponsored by Rep. Lujan (D-NM), and S. 241, sponsored by Sen. Bingaman (D-NM), establish the Rio Grande Del Norte National Conservation Area and designate 21,420 acres of BLM land in NM as wilderness.              
H.R. 560 Status: In House Natural Resources Cmte.
S. 241 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 560; S. 241

H.R. 1187 - Northern Rockies Ecosystem Protection Act
H.R. 1187, sponsored by Rep. Maloney (D-NY), designates a massive 23 million acre area across Idaho, Montana, Oregon, Washington, and Wyoming as wilderness.
Status: In House Natural Resources Cmte.
Text: H.R. 1187 (when it becomes available)

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S. 37 - Forest Jobs and Recreation Act
S. 37, sponsored by Sen. Tester (D-MT), designates 677,000 acres of BLM and Forest Service land in MT as wilderness. Releases 76,000 acres of BLM land from Wilderness Study Area status. Designates specified federal lands in MT as special management or recreation management areas. Directs Secretary of Agriculture to perform study on opportunities for expanded ATV routes and trails in the Three Rivers District as well as the interconnectedness of routes on private or State land and opportunities for expanded access points to existing trails.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 37

S. 341 - San Juan Mountains Wilderness Act
S. 341, sponsored by Sen. Udall (D-CO), designates 33,200 acres of National Forest land in CO as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 341

S. 352 - Devil's Staircase Wilderness Act of 2013
S. 352, sponsored by Sen. Wyden (D-OR), designates 30,540 acres of National Forest and BLM land in OR as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 352

S. 353 - Oregon Treasures Act of 2013
S. 353, sponsored by Sen. Wyden (D-OR), designates 77,000 acres of BLM land in OR as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 353

S. 364 - Rocky Mountain Front Heritage Act of 2013
S. 364, sponsored by Sen. Baucus (D-MT), designates 200,000 acres of Forest Service land and 13,000 acres of BLM land in MT as the Rocky Mountain Front Conservation Management Area. Designates 67,000 acres of Forest Service land in MT as wilderness.       
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 364