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Federal Legislative Update

The second session of the 113th Congress convened on January 6, 2014. ARRA will keep you posted as legislation of interest is introduced in the 113th Congress.

The Republicans have a 233-199 majority in the House with three 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., Subcmte. on Public Lands & Environmental Regulation. Subcmte. hearing held 7/29/14.
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 Judiciary Cmte. House Natural Resources Cmte. Subcommittee on Public Lands & Environmental Regulation hearing held 3/14/13. Reported out of House Natural Resources Cmte. 5/16/13. Discharged from House Judiciary Cmte. 7/9/13. Included in H.R. 2954, below, which was passed by the House 2/6/14.
S. 486 Status: Amendment in the nature of a substitute reported out of Senate Energy & Natural Resources Cmte. 6/18/13. National Parks Subcmte. hearing held 4/23/13.  As introduced, was identical to H.R. 819. 
Text: H.R. 819; S. 486

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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 7/23/13.   
S. 483 Status: Senate Energy & Natural Resources Cmte., Public Lands, Forests, and Mining Subcmte.  Subcmte. hearing held 11/20/13.
Text: H.R. 1025; S. 483

H.R. 1493/S. 714 – Sunshine for Regulatory Decrees and Settlements Act
H.R. 1493, sponsored by Rep. Collins (R-GA), and S. 714 sponsored by Sen. Grassley (R-IA), requires agencies to give notice when they receive notices of intent to sue from private parties, afford affected parties an opportunity to intervene prior to the filing of the consent decree or settlement with a court, publish notice of a proposed decree or settlement in the Federal Register, and take (and respond to) public comments at least 60 days prior to the filing of the decree or settlement.       
H.R. 1493 Status:  House Judiciary Cmte., Subcmte. on Regulatory Reform, Commercial & Antitrust Law hearing held 6/5/13. Reported out of House Judiciary Cmte. 7/24/13.
S. 714 Status: In Senate Judiciary Cmte. 
Text: H.R. 1493S. 714

H.R. 1526 – Restoring Healthy Forests for Healthy Communities Act
H.R. 1526, sponsored by Rep. Hastings (R-WA), establishes Forest Reserve Revenues Areas consisting of all timber lands capable of producing 20 cubic feet of timber per year. Requires USFS to produce an annual volume of no less than half the sustained yield of the Forest Reserve Revenue Area. USFS must complete an environmental assessment for any forest management project, but is only required to study the action alternative and must complete the EA within 6 months and cannot exceed 100 pages in length. Provides a categorical exclusion for projects in response to a catastrophic event (fire, weather, insect or disease outbreak), projects that implement a community wildfire protection plan, and projects less than 10,000 acres.  Requires Congressional approval of national monument designations in specified areas in western Oregon.  Allows counties to actively manage portions of National Forest land through the creation of “Community Forest Demonstration Areas.”
Status: House Public Lands & Environmental Regulation Subcmte. hearing held 4/11/13. Reported out of House Natural Resources Cmte. 7/31/13.  Passed House 9/20/13.
Text: H.R. 1526

H.R. 1676 - Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act
H.R. 1676, sponsored by Rep. Cook (R-CA), designates approximately 188,000 acres BLM lands in San Bernardino County, California as the Johnson Valley Off-Highway Vehicle Recreation Area for purposes of OHV recreation and resource conservation. Authorizes the Secretary of the Navy to use parts of the Area twice in each year for up to a total of 42 days a year for specified Marine training activities, provided that the use of dud-producing ordnance in any such military activity conducted on the Area is prohibited.
Status: In House Armed Services Cmte. House Public Lands & Environmental Regulation Subcmte. hearing held 4/26/13. Reported out of House Natural Resources Cmte. 5/15/13. Discharged from House Armed Services Cmte. 6/24/13. Incorporated into National Defense Authorization Act for Fiscal Year 2014 (H.R. 1960, below). See H.R. 3304, below, which became law.
Text: H.R. 1676

H.R. 1834 - 21st Century Great Outdoors Commission Act
H.R. 1834, sponsored by Rep. Grijalva (D-AZ), establishes the 21st Century Great Outdoors Commission to assess the use, value, job creation, and economic opportunities associated with outdoor resources of public lands. Provides for the appointment to the Commission of Members of the House and the Senate. Terminates the Commission 60 days after submission of its final report. Instructs Commission to establish an advisory council to assist it in carrying out its duties. Requires that such council include the liaison officers involved with the Federal Interagency Council on Outdoor Recreation.
Status: In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation.
Text: H.R. 1834

H.R. 1960 – National Defense Authorization Act for Fiscal Year 2014
H.R. 1960, sponsored by Rep. McKeon (R-CA), authorizes appropriations for the Department of Defense for FY2014. Includes Johnson Valley provisions from H.R. 1676 (above).
Status: Reported out of House Armed Services Cmte. 6/7/13. Passed House 6/14/13. See H.R. 3304, below, which became law.
Text: H.R. 1960

H.R. 1989 - Accommodations for Individuals with Mobility Disabilities
H.R. 1989, sponsored by Rep. Alexander (R-LA), requires the Forest Service to accommodate, to the extent consistent with the management objectives and limitations applicable to the Forest at issue, individuals with mobility disabilities who need to use a power-driven mobility device for reasonable access to such lands.
Status: In House Agriculture Cmte., Subcmte. on Conservation, Energy and Forestry and Natural Resources Cmte.
Text: H.R. 1989

H.R. 2398 – Border Security Relative to Access on Public Lands
H.R. 2398, sponsored by Rep. Bishop (R-UT), prohibits Secretaries of the Interior and Agriculture from taking actions on public lands that impede the border security activities of the Secretary of Homeland Security.  Provides that Homeland Security Secretary shall have immediate access to any public land, including wilderness areas or other specially designated areas managed by the federal government in order to conduct activities that assist in securing the border by waiving some 30 laws, including the Wilderness Act, Endangered Species Act, National Historic Preservation Act, Safe Drinking Water Act, and Wild and Scenic Rivers Act.
Status: In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation and House Agriculture Cmte., Subcmte. on Border & Maritime Security.
Text: H.R. 2398

H.R. 2919 – The Open Book on Equal Access to Justice Act
H.R. 2919, sponsored by Rep. Lummis (R-WY), requires every federal agency to begin tracking Equal Access to Justice Act (EAJA) payments again, and tasks the Administrative Conference of the United States with compiling that data, submitting an annual report to Congress, and establishing an online searchable database that will allow the public access to how much has been paid from EAJA, from which agencies, and to whom taxpayer dollars are being paid.
Status: Reported out of House Judiciary Cmte. 2/5/14. Passed House 5/6/14. In Senate Judiciary Cmte.
Text: H.R. 2919

H.R. 2954 – Public Access and Lands Improvement Act
H.R. 2954, sponsored by Rep. Miller (R-FL), is “mini” omnibus public lands bill that includes the Cape Hatteras provisions from H.R. 819, above.  
Status: Passed House 2/6/14 with omnibus amendments, including Cape Hatteras provision. In Senate Energy & Natural Resources Cmte.
Text: H.R. 2954

H.R. 3037 – The Government Litigation Savings Act

H.R. 3037, sponsored by Rep. Lummis (R-WY), requires that Equal Access to Justice Act (EAJA) filers must show a “direct and personal monetary interest,” including personal injury, property damage, or unpaid agency disbursement, in the action to be eligible for payments. Removes the net worth eligibility exemptions granted to 501(c)(3) organizations for access to EAJA funds. With this provision, any organization regardless of tax status filing for EAJA reimbursements must have net worth of less than $7 million and individuals must have net worth of less than $2 million.
Status: In House Judiciary Cmte.
Text: H.R. 3037

H.R. 3304  – National Defense Authorization Act for Fiscal Year 2014
H.R. 3304, sponsored by Rep. Deutch (R-FL), authorizes appropriations for the Department of Defense for FY2014. Includes compromise provisions that designate over 96,000 acres of Johnson Valley as the Johnson Valley OHV Recreation Area.  Allows the Marines to expand the Twentynine Palms Marine Base into a portion of Johnson Valley. Allows Marines to use a portion of the Johnson Valley OHV Recreation Area twice a year for 30 days each.
Status: LAW. Passed House 12/13/13. Passed Senate 12/19/13. Signed by the President 12/26/13.
Text: H.R. 3304

H.R. 3409 – National Wildlife Refuge Expansion Limitation Act of 2013
H.R. 3409, sponsored by Rep. Fincher (R-TN), amends the National Wildlife Refuge System Administration Act of 1966 to prohibit the Secretary of the Interior from expanding any national wildlife refuge, except as expressly authorized by a law enacted after 1/3/13.
Status: In House Natural Resources Cmte., Subcmte. on Fisheries, Wildlife, Oceans & Insular Affairs. Subcmte. hearing held 7/23/14.
Text: H.R. 3409

H.R. 3533/S. 1731  – Amends the Endangered Species Act
H.R. 3533, sponsored by Rep. Amodei (R-NV), and S. 1731, sponsored by Sen. Paul (R-KY), amends the Endangered Species Act to permit Governors to regulate intrastate endangered species and intrastate threatened species by creating an opt-out mechanism for States wishing to regulate endangered species within their borders. Provides that once a State elects to regulate its species, it has exclusive authority to designate critical habitats, issue permits related to endangered species, and establish any goal with respect to the recovery plan on both state and federal land.  Requires approval of a joint resolution for new species to be added to the federal endangered species list.  All species are automatically de-listed from federal list after 5 years.  Related provisions.
H.R. 3533 Status: In House Natural Resources Cmte.
S. 1731 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 3533S. 1731

H.R. 3547 – Consolidated Appropriations Act, 2014
H.R. 3547, sponsored by Rep. Smith (R-TX), is omnibus legislation providing funding for federal agencies until 9/30/14. Includes provision prohibiting expending any funds to implement former DOI Secretary Salazar’s Wild Lands initiative. Cuts BLM Recreation budget by $4 million and Forest Service Trails budget by $7.2 million from 2013 levels while maintaining level funding for Forest Service Recreation budget.
Status: LAW. P.L. 113-76. Passed House 12/2/13.  Passed Senate 12/12/13 with amendment. House agreed to Senate amendment 1/15/14. Signed by President 1/17/14.
Text: H.R. 3547

H.R. 3661/S. 1750 – Public Access to Public Land Guarantee Act
H.R. 3661, sponsored by Rep. Gosar (R-AZ), and S. 1750, sponsored by Sen. Flake (R-AZ), directs DOI and Agriculture Secretaries to enter into agreement under which U.S. may accept funds from a state or local government to reopen any unit of the National Park System, National Wildlife Refuge System, or National Forest System within the state or local government during any period in which there is a lapse in available funds for that unit as a result of a failure to enact a regular appropriations bill or continuing resolution. Requires the appropriate Secretary to refund to state or local government all amounts provided to U.S. under such an agreement.
H.R. 3661 Status: In House Natural Resources, Subcmte. on Public Lands & Environmental Regulation and Agriculture Cmtes.
S. 1750 Status: Reported out of Senate Energy & Natural Resources 11/13/14.
Text: H.R. 3661; S. 1750

H.R. 3962 – Making Public Lands Public Access Act
H.R. 3962, sponsored by Rep. Daines (R-MT), directs DOI and Agriculture Secretaries to ensure, from amounts requested for the Land and Water Conservation Fund per fiscal year, that not less than greater of 1.5% of requested amounts or $10 million be made available for certain projects that secure recreational public access to Federal public land that has significantly restricted access for hunting, fishing, and other recreational purposes through rights-of-way or acquisition of land (or any interest in land) from willing sellers. 
Status: In House Natural Resources Cmte. 
Text: H.R. 3962

H.R. 3994 Federal Lands Invasive Species Control, Prevention, and Management Act
H.R. 3994, sponsored by Rep. Bishop (R-UT), directs Secretaries of Interior and Agriculture to plan and carry out activities on lands directly managed by each Secretary to control and manage invasive species in order to inhibit or reduce their populations and to effectuate restoration or reclamation efforts. Requires each Secretary to develop a strategic plan that endeavors to achieve an annual 5% net reduction of invasive species populations. Requires each Secretary to use no less than 75% of funds each fiscal year for on-the-ground control and management of invasive species, no more than 15% of such funds for investigations, development activities, and outreach and public awareness efforts to address invasive species control and management needs, and no more than 10% for administrative costs. Requires the Secretaries to use the least costly options necessary to perform effectively, based on sound scientific data and other commonly used cost-effective benchmarks in the area.
Status: In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation and House Agriculture Cmte. Subcmte. hearing held 7/9/14.
Text: H.R. 3994

H.R. 4272 – Forest Access in Rural Communities Act
H.R. 4272, sponsored by Rep. Walden (R-WA), ceases implementation and enforcement of the 2005 Forest Service Travel Management Rule. Requires Environmental Impact Statement or Environmental Assessment be performed by National Forests on any travel management decision. Also requires Forest Service to consult with local counties on travel management decisions.  
Status: In House Natural Resources Cmte.
Text: H.R. 4272

H.R. 4315/S. 2635 21st Century Endangered Species Transparency Act
H.R. 4315, sponsored by Rep. Hastings (R-WA), and S. 2635, sponsored by Sen. Cornyn (R-TX), requires online publication of data used to make Endangered Species Act listing decision.
H.R. 4315 Status: House Natural Resources Cmte. hearing held 4/8/14. Reported out of Cmte. 4/30/14. Passed House 7/29/14, as amended to include provisions of H.R. 4316, 4317 and 4318, below. In Senate Environment & Public Works Cmte.
S. 2635 Status: In Senate Environment & Public Works Cmte.
Text: H.R. 4315 S. 2635

H.R. 4316 Endangered Species Recovery Transparency Act
H.R. 4316, sponsored by Rep. Lummis (R-WY), requires Fish and Wildlife Service to report the funds expended to respond to ESA-related lawsuits, along with number of employees dedicated to litigation and the attorney fees paid out to successful litigants.
Status: House Natural Resources Cmte. hearing held 4/8/14. Reported out of Cmte. 4/30/14. Language incorporated in H.R. 4315 above, which passed the House 7/29/14.
Text: H.R. 4316

H.R. 4317/S. 2630 - State, Tribal, and Local Species Transparency and Recovery Act
In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation. Would make Johnson Valley the first national OHV recreation area, and according to Rep. Cook’s news release, “…show that Johnson Valley is of national significance, raising its profile for economic purposes and within the federal government.” Language included in H.R. 4435, the Defense Authorization bill, below.
H.R. 4317 Status: House Natural Resources Cmte. hearing held 4/8/14. Reported out of Cmte. 4/30/14. Language incorporated in H.R. 4315 above, which passed the House 7/29/14.
S. 2630 Status: In Senate Environment & Public Works Cmte.
Text: H.R. 4317 S. 2630

H.R. 4318 Endangered Species Litigation Reasonableness Act
H.R. 4318, sponsored by Rep. Huizenga (R-MI), caps at $125 per hour how much agencies can reimburse plaintiffs’ attorney fees in ESA lawsuits.
Status: House Natural Resources Cmte. hearing held 4/8/14. Reported out of Cmte. 4/30/14. Discharged from House Judiciary Cmte. 7/17/14. Language incorporated in H.R. 4315 above, which passed the House 7/29/14.
Text: H.R. 4318

H.R. 4319 Endangered Species Litigation Reasonableness Act
H.R. 4319, sponsored by Rep. Crawford (R-AR), require Interior Secretary to publish and make available for public comment a draft economic analysis at the time a proposed rule to designate critical habitat is published.
Status: In House Natural Resources Cmte.
Text: H.R. 4319

H.R. 4371 Re-designates the Johnson Valley Off-Highway Vehicle Recreation Area in California
H.R. 4371, sponsored by Rep. Cook (R-CA), re-designates the Johnson Valley Off-Highway Vehicle Recreation Area in California as the "Johnson Valley National Off-Highway Vehicle Recreation Area."
Status: House Natural Resources Cmte. hearing held 9/9/14.
Text: H.R. 4371

H.R. 4435 Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015
H.R. 4435, sponsored by Rep. McKeon (R-CA), authorizes spending levels for Department of Defense for FY 2015. Includes provision from H.R. 4371, above, which re-designates the Johnson Valley Off-Highway Vehicle Recreation Area in California as the "Johnson Valley National Off-Highway Vehicle Recreation Area."
Status: Reported out of House Armed Services Cmte. 5/13/14. Passed House 5/22/14.
Text: H.R. 4435

H.R. 4716/S. 2394 Sage Grouse Protection and Conservation Act
H.R. 4716, sponsored by Rep. Gardner (R-CO), and S. 2394, sponsored by Sen. Enzi (R-WY), prevents the sage grouse from being listed under the Endangered Species Act for 10 years, and instead requires states to develop conservation management plans to meet the unique needs of the sage grouse in each state.
H.R. 4716 Status: In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation. Would make Johnson Valley the first national OHV recreation area, and according to Rep. Cook’s news release, “…show that Johnson Valley is of national significance, raising its profile for economic purposes and within the federal government.” Language included in H.R. 4435, the Defense Authorization bill, below.
S. 2394 Status: In Senate Environment & Public Works Cmte.
Text: H.R. 4716; S. 2394

H.R. 4886 National Forest System Trails Stewardship Act of 2014
H.R. 4886, sponsored by Rep. Lummis (R-WY), requires the Forest Service to develop a national strategy with the goal of doubling the amount of trail maintenance carried out by volunteers and partners within five years, and address long-term liability issues by requiring costs be spread out among all administrative units and clarifying how volunteers with partner organizations are classified.
Status: In House Agriculture Cmte., Subcmte. on Conservation, Energy, & Forestry and House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation.
Text: H.R. 4886

H.R. 5021 Highway and Transportation Funding Act of 2014
H.R. 5021, sponsored by Rep. Camp (R-MI), extends transportation programs authorized under MAP-21 until 5/31/15. Continues the Recreational Trails Program unchanged.
Status: LAW. P.L. 113-159. Passed House 7/15/14. Passed Senate 7/29/14 with amendment. House disagreed with Senate amendment 7/31/14. House version passed Senate 7/31/14. Signed by President 8/11/14.
Text: H.R. 5021

H.R. 5171 Department of the Interior, Environment, and Related Agencies Appropriations Act, 2015
H.R. 5171, sponsored by Rep. Calvert (R-CA), maintains National Forest System and BLM land and resource management spending at FY 2014 levels. Includes provision extending Federal Lands Recreation Enhancement Act (FLREA), which authorizes land management agencies to charge fees for certain recreational uses, through 12/8/16. Includes a rider prohibiting expenditure of any money on the writing of a rule to list the Greater sage-grouse or three other sage-grouse species as threatened or endangered under the Endangered Species Act.
Stauts: Reported out of House Appropriations Cmte. 7/23/14. On House calendar.
Text: H.R. 5171

H.R. 5204 Federal Lands Recreation Enhancement Modernization Act of 2014
H.R. 5204, sponsored by Rep. Bishop (R-UT), amends Federal Lands Recreation Enhancement Act (FLREA) to improve recreation opportunities and increase consistency and accountability in collection and expenditure of recreation fees collected on public lands. Extends Act, which authorizes land management agencies to charge fees for certain recreational uses, through December 2020 [current law expires 12/8/15]. Requires 90% of fees collected to be used at collection site on recreational improvements.
Status: Reported out of House Natural Resources Cmte. 7/30/14.? In House Agriculture Cmte. Subcmte. on Conservation, Energy & Forestry. House Interior Appropriations bill also includes provision extending FLREA through 12/8/16. FLREA is supported by the OHV community as fees are used to support motorized recreation activities. For example, Imperial Sand Dunes recreation area is supported by fees authorized by FLREA. House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation hearing.?
Text: H.R. 5204

H.R. 5220 No More Land Act
H.R. 5220, sponsored by Rep. Graves (R-MO), requires Land and Water Conservation Funds to be used for maintenance rather than acquisition. Requires public lands agencies to reduce their maintenance backlog by 20% every five years until the backlog is eliminated and to issue a final report once backlogged maintenance is complete.
Status: In House Natural Resources Cmte. and House Agriculture Cmte., Subcmte. on Conservation, Energy & Forestry.
Text: H.R. 5220

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

S. 1167 – Elko Motocross and Tribal Conveyance Act
S. 1167, sponsored by Sen. Heller (R-NV), directs Interior Secretary to convey to Elko County, Nevada, approximately 275 acres of land managed by the BLM to be used as a motocross, bicycle, OHV, or stock car racing area.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 1167

S. 1554 – Hunt Unrestricted on National Treasures Act
S. 1554, sponsored by Sen. Heinrich (D-NM), requires each head of a federal public land management agency, including the NPS, FWS, USFS, and BLM, to annually make available to the public on its website: 1) a report that includes a list of land more than 640 acres in size under its jurisdiction on which the public is allowed to hunt, fish, or use such land for other recreational purposes and to which there is no public access or egress or to which such access or egress to land's legal boundaries is significantly restricted,  a list of locations and acreage on such land that the agency head determines have significant potential for use for hunting, fishing, and other recreational purposes, and a plan to provide such access and egress that is consistent with the travel management plan in effect; 2) a list of roads or trails that provide the primary public access and egress to the legal boundaries of contiguous parcels of land equal to more than 640 acres in size under the agency's jurisdiction on which the public is allowed to hunt, fish, or use such lands for other recreational purposes. Amends Land and Water Conservation Fund to require allotment from the fund of an amount not less than 1.5% of the moneys appropriated for projects that secure public access to federal land for hunting, fishing, and other recreational purposes through easements, rights-of-way, or fee title acquisitions from willing sellers.
Status:In Senate Energy & Natural Resources Cmte. Subcmte. on Public Lands, Forests & Mining. Subcmte. hearing held 7/30/14.
Text: S. 1554

S. 1967 Inventoried Roadless Area Management Act
S. 1967, sponsored by Sen. Barrasso (R-WY), releases from further study for wilderness designation certain inventoried roadless areas in National Forests in Wyoming. Declares the areas no longer subject to the land use restrictions of the Roadless Area Conservation Rule and that they shall not be managed to preserve roadless or wilderness characteristics.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 1967

S. 2322 MAP-21 Reauthorization Act
S. 2322, sponsored by Sen. Boxer (D-CA), extends current transportation programs authorization for six years adjusted for inflation. Continues the Recreational Trails Program unchanged.
Status: Reported out of Senate Environment & Public Works Cmte. 5/15/14.
Text: S. 2322

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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.  
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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.
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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.
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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.
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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 5/9/13.
Text: H.R. 995

H.R. 1157 - Rattlesnake Mountain Public Access Act
H.R. 1157, sponsored by Rep. Hastings (R-WA), directs Interior Secretary to provide access to the summit of Rattlesnake Mountain in the Hanford Reach National Monument in the state of Washington for educational, recreational, historical, scientific, cultural, and other purposes. Authorizes Secretary to enter into cooperative agreements to facilitate access to the summit of Rattlesnake Mountain for guided tours, including motorized tours, and to maintain the access road to the summit.                
Status: Reported out of House Natural Resources Cmte. 4/24/13. Passed House 6/11/13.  In Senate Energy & Natural Resources Cmte.
Text: H.R. 1157

H.R. 1434 - Montana Land Sovereignty Act
H.R. 1434, sponsored by Rep. Daines (R-MT), prohibits the further extension or establishment of national monuments in Montana except by express authorization of Congress. 
Status: In House Natural Resources Cmte. Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.
Text: H.R. 1434

H.R. 1439 - Idaho Land Sovereignty Act
H.R. 1439, sponsored by Rep. Labrador (R-ID), prohibits the further extension or establishment of national monuments in Idaho except by express authorization of Congress.        
Status: In House Natural Resources Cmte. Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13. Issued ARRA alert to generate emails from constituents thanking sponsors for introduction of this legislation.
Text: H.R. 1439

H.R. 1459 - Ensuring Public Involvement in the Creation of National Monuments Act
H.R. 1459, sponsored by Rep. Bishop (R-UT), amends the Antiquities Act of 1906 to subject National Monument declarations by the President to the National Environmental Policy Act of 1969 (NEPA). Prohibits President from making more than one such declaration in a state during any presidential 4-year term of office without an express Act of Congress, or such a declaration from including private property without the informed written consent of the affected private property owner. Requires such a declaration to be considered a major federal action under NEPA if it affects more than 5,000 acres or to be categorically excluded under NEPA and to expire three years after the date of the declaration if it affects 5,000 acres or less and to be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of federal and state revenue.
Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13. Reported out of House Natural Resources Cmte. 7/24/13. Passed House 3/26/14.
Text: H.R. 1459

H.R. 1495 - Arizona Land Sovereignty Act
H.R. 1495, sponsored by Rep. Gosar (R-AZ), prohibits the further extension or establishment of national monuments in Arizona except by express authorization of Congress.             
Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 6/6/13.
Text: H.R. 1495

H.R. 1512 - New Mexico Land Sovereignty Act
H.R. 1512, sponsored by Rep. Pearce (R-NM), prohibits the further extension or establishment of national monuments in Arizona except by express authorization of Congress.     
Status: In House Natural Resources Cmte. Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 4/16/13.
Text: H.R. 1512

S. 17 - Energy Production and Project Delivery Act of 2013
S. 17, sponsored by Sen. Vitter (R-LA), is legislation to expand energy development. Includes requirement that the President must obtain Congressional approval prior to designating a national monument.            
Status: In Senate Energy & Natural Resources Cmte. 
Text: S. 17

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

S. 1805 – Organ Mountains-Desert Peaks Conservation Act
S. 1805, sponsored by Sen. Udall (D-NM), designates 500,000 acres of BLM land in NM as a National Monument.  Also designates an additional 115,000 acres as wilderness.   
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 1805

S. 2608 Improved National Monument Designation Process Act
S. 2608, sponsored by Sen. Murkowski (R-AK), requires the President to obtain Congressional approval prior to designating a national monument as well as ensuring the proposed monument complies with NEPA.
Status: In Senate Energy & Natural Resources Cmte.?
Text: S. 2608

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/S. 1695 - The Udall-Eisenhower Arctic Wilderness Act
H.R. 139, sponsored by Rep. Markey (D-MA), and S. 1695, sponsored by Sen. Cantwell (D-WA), designates 1,559,538 acres within the Arctic National Wildlife Refuge as wilderness.
H.R. 139 Status: In House Natural Resources Cmte.
S. 1695 Status: In Senate Environment & Public Works Cmte.
Text: H.R. 139; S. 1695

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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 7/23/13. Reported out of House Natural Resources Cmte. 2/28/14
S. 23 Status: Reported out of Senate Energy & Natural Resources Cmte. 3/14/13. Passed Senate 6/19/13.  In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. LAW. P.L. 113-87. Reported out of Senate Energy & Natural Resources Cmte. 3/14/13. Passed Senate 6/19/13. Passed House 3/4/14. Signed by President 3/13/14.
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. 112, sponsored by Sen. Murray (D-WA), designate 22,000 acres of National Forest land in WA as wilderness.
H.R. 361 Status: House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. hearing held 7/23/13. Reported out of House Natural Resources Cmte. 7/30/14.
S. 122 Status: Reported out of Senate Energy & Natural Resources Cmte. 3/14/13. Passed Senate 6/19/13. In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation.
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., Public Lands & Environmental Regulation Subcmte. Subcmte. hearing held 7/23/13.
S. 342 Status: Senate Public Lands, Forests & Mining Subcmte hearing held 4/28/13. Reported out of Senate Energy & Natural Resources Cmte. 5/16/13.
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: Senate Public Lands, Forests & Mining Subcmte. hearing held 4/25/13. Reported out of Senate Energy & Natural Resources Cmte. 5/16/13.
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

H.R. 1630/S. 769 - America's Red Rock Wilderness Act of 2011
H.R. 1630, sponsored by Rep. Holt (D-NJ), and S. 769, sponsored by Sen. Durbin (D-IL), designates 9.1 million acres of BLM land in UT as wilderness.   
H.R. 1630 Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. 
S. 769 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 1630; S. 769

H.R. 1683/S. 776 - Columbine-Hondo Wilderness Act
H.R. 1683, sponsored by Rep. Lujan (D-NM), and S. 776, sponsored by Sen. Udall (D-NM), designates 45,000 acres of National Forest land in NM as wilderness.
H.R. 1683 Status:In House Natural Resources Cmte.
S. 776 Status: In Senate Energy & Natural Resources Cmte.  Subcmte. on Public Lands, Forests & Mining Subcmte. Subcmte. hearing held 11/20/13. Reported out of Senate Energy & Natural Resources Cmte. 11/13/14.
Text: H.R. 1683; S. 776

H.R. 1776 - Clear Creek National Recreation Area and Conservation Act of 2012
H.R. 1776, sponsored by Rep. Farr (D-CA), establishes 75,000 acre Clear Creek National Recreation Area.  Designates 21,000 acres of federal land in CA as wilderness.  Implements interim management plan that would allow for motorized uses in NRA. Requires a permanent management plan be in place in two years that shall include a hazards education program to inform people entering the Recreation Area of the asbestos related risks associated with various activities within the Recreation Area, including OHV recreation and a user fee program for motorized vehicle use within the Recreational Area and guidelines for the use of the funds collected for the management and improvement of the Recreation Area. Authorizes BLM to sign a cooperative management agreement with state or local agencies (e.g. state parks could run it as an SRVA).
Status: House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. hearing held 5/20/14.
Text: H.R. 1776

H.R. 1799 - Arizona Sonoran Desert Heritage Act of 2013
H.R. 1799, sponsored by Rep. Grijalva (D-AZ), designates 300,000 acres of National Forest and BLM land in AZ as wilderness.        
Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. 
Text: H.R. 1799

H.R. 1839/S. 841 – Hermosa Creek Watershed Protection Act of 2013
H.R. 1839, sponsored by Rep. Tipton (R-CO), and S. 841, sponsored by Sen. Bennett (D-CO), designates 108,000 acres of the San Juan National Forest as the Hermosa Creek Watershed Protection Area.  Protects historic uses of the area including OHV recreation.  Designates 38,000 acres of the watershed as wilderness.  Releases 461 acres of Wilderness Study Area.
H.R. 1839 Status: In House Natural Resources Cmte. Subcmte. on Public Lands & Environmental Regulation hearing held 3/6/14. Reported out of House Natural Resources Cmte. 9/18/14.
S. 841 Status: In Senate Energy & Natural Resources Cmte. Subcmte. on Public Lands, Forests, & Mining hearing held 11/20/13. Reported out of Senate Energy & Natural Resources Cmte. 11/13/14.
Text: H.R. 1839; S. 841

H.R. 2276 – Virgin Valley Tourism and Lake Mead Preservation Act
H.R. 2276, sponsored by Rep. Horsford (D-NV), creates 350,000 acre Gold Butte National Conservation Area to be administered by BLM. Designates 220,000 acres of BLM land in NV as wilderness. Requires Interior Secretary to complete a study within two years after enactment focusing on the Clark County Multi-Species Habitat Conservation Plan for an OHV trail.  Based on the study and in consultation with the Virgin Valley Tourism and Economic Advisory Council, a preferred route for the trail shall be established.  No later than 1 year after the study has been completed the Secretary may designate a Trail after determining a route for the Trail that would not have significant negative impacts on wildlife, natural or cultural resources, or traditional uses.   
Status: In House Natural Resources Cmte., Subcmtes. on Public Lands & Environmental Regulation and Water & Power.
Text: H.R. 2276

H.R. 2488 – Rogue Wilderness Area Expansion Act
H.R. 2488, sponsored by Rep. DeFazio (D-OR), designates 60,000 acres of BLM land in OR as wilderness.
Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. 
Text: H.R. 2488

H.R. 2491/S. 352 – Devil's Staircase Wilderness Act of 2013
H.R. 2491, sponsored by Rep. DeFazio (D-OR), and S. 352, sponsored by Sen. Wyden (D-OR), designates 30,520 acres of National Forest and BLM land in OR as wilderness.
H.R. 2491 Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte. 
S. 352 Status: Reported out of Senate Energy & Natural Resources Cmte. 3/14/13.  Passed Senate 6/19/13. In House Natural Resources Cmte., Subcmte. on Public Lands & Environmental Regulation.
Text: H.R. 2491S. 352

H.R. 2552 – Colorado Wilderness Act of 2013
H.R. 2552, sponsored by Rep. DeGette (D-CO), designates 750,000 acres of National Forest and BLM land in CO as wilderness.
Status: In House Natural Resources Cmte., Subcmtes. on Public Lands & Environmental Regulation and Water & Power.
Text: H.R. 2552

H.R. 2808 – Wasatch Wilderness and Watershed Protection Act
H.R. 2808, sponsored by Rep. Matheson (D-UT), designates 11,000 acres of National Forest land in UT as wilderness.
Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte.
Text: H.R. 2808

H.R. 3917/S. 1949 –WA wilderness bills
H.R. 3917, sponsored by Rep. Kilmer (D-WA), S. 1949 (Sen. Murray, D-WA), designates 126,554 acres of National Forest land in WA as wilderness.  
H.R. 3917 Status: In House Natural Resources Cmte., Public Lands & Environmental Regulation Subcmte.
S. 1949 Status: In Senate Energy & Natural Resources Cmte.
Text: H.R. 3917; S. 1949

H.R. 4685 Central Coast Heritage Protection Act
H.R. 4685, sponsored by Rep. Capps (D-CA), designates 246,000 acres of National Forest and BLM land in CA as wilderness.
Status: In House Natural Resources Cmte. Public Lands & Environmental Regulation Subcmte.
Text: H.R. 4685

H.R. 5205 Northern Nevada Land Conservation and Economic Development Act
H.R. 5205, sponsored by Rep. Amodei (R-NV), Nevada-specific omnibus bill which includes the provisions of H.R. 433 and S. 1167 above, designating 26,000 acres of BLM lands in NV as wilderness.
Status: Reported out of House Natural Resources Cmte. 7/30/14. Passed House 9/15/14. In Senate Energy & Natural Resources Cmte.
Text: H.R. 5205

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: Hearing held 7/30/13 in Senate Energy & Natural Resources Cmte. Reported out of Cmte. 12/19/13.
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:Senate Energy & Natural Resources Cmte., Public Lands, Forests & Mining Subcmte. hearing held 4/25/13. Reported out Senate Energy & Natural Resources Cmte. 6/18/13.
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: Senate Energy & Natural Resources Cmte., Public Lands, Forests & Mining Subcmte. hearing held 4/25/13. Reported out of Senate Energy & Natural Resources Cmte. 6/18/13.
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., Public Lands, Forests & Mining Subcmte. Subcmte. hearing held 7/30/13.
Text: S. 364

S. 1054 – Gold Butte National Conservation Area Act
S. 1054, sponsored by Sen. Reid (D-NV), creates the 350,000 acre Gold Butte National Conservation Area to be administered by the BLM. Designates 220,000 acres of BLM land in NV as wilderness.
Status: In Senate Energy & Natural Resources Cmte.
Text: S. 1054

S. 1294 – Tennessee Wilderness Act
S. 1294, sponsored by Sen. Alexander (R-TN), designates 20,000 acres of Forest Service land in TN as wilderness.
Status: Discharged from Senate Energy & Natural Resources Cmte. 7/24/13. Reported out of Senate Agriculture, Nutrition & Forestry Cmte. 4/8/14.
Text: S. 1294

S. 1794 – Browns Canyon National Monument and Wilderness Act of 2013
S. 1794, sponsored by Sen. Udall (D-CO), designates 22,000 acres of public lands in CO as a National Monument and designates an additional 10,000 acres of Forest Service and BLM lands as wilderness.    
Status: In Senate Energy & Natural Resources Cmte. Subcmte. on National Parks. Subcmte. hearing held 7/23/14.
Text: S. 1794

 

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