October 29, 2008
Special Legislative Alert
Congress to Consider Omnibus Public Lands Bill
That Will Impact Your County
Dear County Official:
It still seems likely that Congress will return after the election for a lame duck session, probably starting on November 17th. One of the items that are scheduled for consideration is an 1100 page “omnibus” package of dozens of public lands and resources related bills.
While many of the provisions in this omnibus bill are non-controversial, and have been worked out in cooperation with counties and states, there are some that should cause all public lands counties serious concern. This legislation would place millions of acres of western lands under new or expanded federal control and further restrict needed energy and mineral development and other traditional forms of use and access to public lands.
This would have a serious negative impact on the country as a whole and on many of the counties that would be directly affected. It would add to the total acreage of federal land, create hundreds of thousands of acres of new wilderness and conservation and national heritage areas, designate many additional wild and scenic rivers and add to national park units.
One of the major problems with this bill is language that would statutorily codify the National Landscape Conservation System (NLCS) within the Bureau of Land Management (BLM). As you may know, the NLCS was established in the waning days of the Clinton Administration under the guidance of former Interior Secretary Bruce Babbitt. Currently, the NLCS covers some 26 million acres of lands which the BLM is charged with “protecting” as “special areas.”
If enacted, this provision alone would significantly undermine the long-standing multiple-use philosophy and management directive of the BLM and would give federal bureaucrats a broad mandate to create a management regime to enforce these undefined “values” on a vast, resource-rich part of the country. Making the NLCS permanent threatens recreation, access, grazing, mining, oil and gas and many other multiple uses critical to the economic health of the country and to western public lands counties.
We encourage you to look over the index of this massive omnibus proposal that I have attached below to see what is in it that might impact your county directly. We have also posted the entire 1076 page proposal on our Web site so you can easily look at the actual legislative language. If there is something that concerns you, now is the ideal time to contact your congressional delegation members and let them know of any problems and get their commitment to fix them.
Whether or not this bill will cause specific problems for your county, we urge you to let your delegation know of your concerns about making the NLCS permanent. If you have BLM managed land in your county, this provision either will directly and negatively impact you or could well do so in the future when it is expanded, as it inevitably will be expanded in the future. Again, this period before the election is a good time to your congressional delegation member’s commitment to remove this measure from the omnibus bill.
Call me at 801-652-4338 if you have questions.
Sincerely,
Mark Walsh
Executive Director
Western Counties Alliance
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IN THE SENATE OF THE UNITED STATES—110th Cong., 2d Sess.
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed
by Mr. BINGAMAN
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Omnibus Public Land Management Act of 2008’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows:
TITLE I—ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Subtitle A—Wild Monongahela Wilderness
Sec. 1001. Designation of wilderness, Monongahela National Forest, West Virginia.
Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.
Sec. 1003. Monongahela National Forest boundary confirmation.
Sec. 1004. Enhanced Trail Opportunities.
Subtitle B—Virginia Ridge and Valley Wilderness
Sec. 1101. Definitions.
Sec. 1102. Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area.
Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.
Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.
Sec. 1105. Trail plan and development.
Sec. 1106. Maps and boundary descriptions.
Sec. 1107. Effective date.
Subtitle C—Mt. Hood Wilderness, Oregon
Sec. 1201. Definitions.
Sec. 1202. Designation of wilderness areas.
Sec. 1203. Designation of streams for wild and scenic river protection in the Mount Hood area.
Sec. 1204. Mount Hood National Recreation Area.
Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.
Sec. 1206. Land exchanges.
Sec. 1207. Tribal provisions; planning and studies.
Subtitle D—Copper Salmon Wilderness, Oregon
Sec. 1301. Designation of the Copper Salmon Wilderness.
Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.
Sec. 1303. Protection of tribal rights.
Subtitle E—Cascade-Siskiyou National Monument, Oregon
Sec. 1401. Definitions.
Sec. 1402. Voluntary grazing lease donation program.
Sec. 1403. Box R Ranch land exchange.
Sec. 1404. Deerfield land exchange.
Sec. 1405. Soda Mountain Wilderness.
Sec. 1406. Effect.
Subtitle F—Owyhee Public Land Management
Sec. 1501. Definitions.
Sec. 1502. Owyhee Science Review and Conservation Center.
Sec. 1503. Wilderness areas.
Sec. 1504. Designation of wild and scenic rivers.
Sec. 1505. Land identified for disposal.
Sec. 1506. Tribal cultural resources.
Sec. 1507. Recreational travel management plans.
Sec. 1508. Authorization of appropriations.
Subtitle G—Sabinoso Wilderness, New Mexico
Sec. 1601. Definitions.
Sec. 1602. Designation of the Sabinoso Wilderness.
Subtitle H—Pictured Rocks National Lakeshore Wilderness
Sec. 1651. Definitions.
Sec. 1652. Designation of Beaver Basin Wilderness.
Sec. 1653. Administration.
Sec. 1654. Effect.
Subtitle I—Oregon Badlands Wilderness
Sec. 1701. Definitions.
Sec. 1702. Oregon Badlands Wilderness.
Sec. 1703. Release.
Sec. 1704. Land exchanges.
Sec. 1705. Protection of tribal treaty rights.
Subtitle J—Spring Basin Wilderness, Oregon
Sec. 1751. Definitions.
Sec. 1752. Spring Basin Wilderness.
Sec. 1753. Release.
Sec. 1754. Land exchanges.
Sec. 1755. Protection of tribal treaty rights.
Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California
Sec. 1801. Definitions.
Sec. 1802. Designation of wilderness areas.
Sec. 1803. Administration of wilderness areas.
Sec. 1804. Release of wilderness study areas.
Sec. 1805. Designation of wild and scenic rivers.
Sec. 1806. Bridgeport Winter Recreation Area.
Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.
Sec. 1808. Ancient Bristlecone Pine Forest.
Subtitle L—Riverside County Wilderness, California
Sec. 1851. Wilderness designation.
Sec. 1852. Wild and scenic river designations, Riverside County, California.
Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument.
Subtitle M—Sequoia and Kings Canyon National Parks Wilderness, California
Sec. 1901. Definitions.
Sec. 1902. Designation of wilderness areas.
Sec. 1903. Administration of wilderness areas.
Sec. 1904. Authorization of appropriations.
Subtitle N—Rocky Mountain National Park Wilderness, Colorado
Sec. 1951. Definitions.
Sec. 1952. Rocky Mountain National Park Wilderness.
Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.
Sec. 1954. East Shore Trail Area.
Sec. 1955. National forest area boundary adjustments.
Sec. 1956. Authority to lease Leiffer tract.
TITLE II—BUREAU OF LAND MANAGEMENT AUTHORIZATIONS
Subtitle A—National Landscape Conservation System
Sec. 2001. Definitions.
Sec. 2002. Establishment of the National Landscape Conservation System.
Sec. 2003. Authorization of appropriations.
Subtitle B—Prehistoric Trackways National Monument
Sec. 2101. Findings.
Sec. 2102. Definitions.
Sec. 2103. Establishment.
Sec. 2104. Administration.
Sec. 2105. Authorization of appropriations.
Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area
Sec. 2201. Definitions.
Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.
Sec. 2203. Management of the Conservation Area.
Sec. 2204. Authorization of appropriations.
Subtitle D—Snake River Birds of Prey National Conservation Area
Sec. 2301. Snake River Birds of Prey National Conservation Area.
Subtitle E—Dominguez-Escalante National Conservation Area
Sec. 2401. Definitions.
Sec. 2402. Dominguez-Escalante National Conservation Area.
Sec. 2403. Dominguez Canyon Wilderness Area.
Sec. 2404. Maps and legal descriptions.
Sec. 2405. Management of Conservation Area and Wilderness.
Sec. 2406. Management plan.
Sec. 2407. Advisory council.
Sec. 2408. Authorization of appropriations.
Subtitle F—Rio Puerco Watershed Management Program
Sec. 2501. Rio Puerco Watershed Management Program.
Subtitle G—Land Conveyances and Exchanges
Sec. 2601. Carson City, Nevada, land conveyances.
Sec. 2602. Southern Nevada limited transition area conveyance.
Sec. 2603. Nevada Cancer Institute land conveyance.
Sec. 2604. Turnabout Ranch land conveyance, Utah.
Sec. 2605. Boy Scouts land exchange, Utah.
Sec. 2606. Douglas County, Washington, land conveyance.
Sec. 2607. Twin Falls, Idaho, land conveyance.
Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.
Sec. 2609. Park City, Utah, land conveyance.
Sec. 2610. Release of reversionary interest in certain lands in Reno, Nevada.
Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.
TITLE III—FOREST SERVICE AUTHORIZATIONS
Subtitle A—Watershed Restoration and Enhancement
Sec. 3001. Watershed restoration and enhancement agreements.
Subtitle B—Wildland Firefighter Safety
Sec. 3101. Wildland firefighter safety.
Subtitle C—Wyoming Range
Sec. 3201. Definitions.
Sec. 3202. Withdrawal of certain land in the Wyoming range.
Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.
Subtitle D—Land Conveyances and Exchanges
Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.
Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana.
Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Exchange.
Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.
Sec. 3305. Kittitas County, Washington, land conveyance.
Sec. 3306. Mammoth Community Water District use restrictions.
Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.
Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness.
Sec. 3309. Sandia pueblo land exchange technical amendment.
Subtitle E—Colorado Northern Front Range Study
Sec. 3401. Purpose.
Sec. 3402. Definitions.
Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.
TITLE IV—FOREST LANDSCAPE RESTORATION
Sec. 4001. Purpose.
Sec. 4002. Definitions.
Sec. 4003. Collaborative Forest Landscape Restoration Program.
Sec. 4004. Authorization of appropriations.
TITLE V—RIVERS AND TRAILS
Subtitle A—Additions to the National Wild and Scenic Rivers System
Sec. 5001. Fossil Creek, Arizona.
Sec. 5002. Snake River Headwaters, Wyoming.
Sec. 5003. Taunton River, Massachusetts.
Subtitle B—Wild and Scenic Rivers Studies
Sec. 5101. Missisquoi and Trout Rivers Study.
Subtitle C—Additions to the National Trails System
Sec. 5201. Arizona National Scenic Trail.
Sec. 5202. New England National Scenic Trail.
Sec. 5203. Ice Age Floods National Geologic Trail.
Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail.
Sec. 5205. Pacific Northwest National Scenic Trail.
Sec. 5206. Trail of Tears National Historic Trail.
Subtitle D—National Trail System Amendments
Sec. 5301. National Trails System willing seller authority.
Sec. 5302. Revision of feasibility and suitability studies of existing national historic trails.
Sec. 5303. Chisholm Trail and Great Western Trails Studies.
TITLE VI—DEPARTMENT OF THE INTERIOR AUTHORIZATIONS
Subtitle A—Cooperative Watershed Management Program
Sec. 6001. Definitions.
Sec. 6002. Program.
Sec. 6003. Effect of subtitle.
Subtitle B—Competitive Status for Federal Employees in Alaska
Sec. 6101. Competitive status for certain Federal employees in the State of Alaska.
Subtitle C—Management of the Baca National Wildlife Refuge
Sec. 6201. Baca National Wildlife Refuge.
Subtitle D—Paleontological Resources Preservation
Sec. 6301. Definitions.
Sec. 6302. Management.
Sec. 6303. Public awareness and education program.
Sec. 6304. Collection of paleontological resources.
Sec. 6305. Curation of resources.
Sec. 6306. Prohibited acts; criminal penalties.
Sec. 6307. Civil penalties.
Sec. 6308. Rewards and forfeiture.
Sec. 6309. Confidentiality.
Sec. 6310. Regulations.
Sec. 6311. Savings provisions.
Sec. 6312. Authorization of appropriations.
Subtitle E—Izembek National Wildlife Refuge Land Exchange
Sec. 6401. Definitions.
Sec. 6402. Land exchange.
Sec. 6403. King Cove Road.
Sec. 6404. Administration of conveyed lands.
Sec. 6405. Failure to begin road construction.
Subtitle F—Wolf Livestock Loss Demonstration Project
Sec. 6501. Definitions.
Sec. 6502. Wolf compensation and prevention program.
Sec. 6503. Authorization of appropriations.
TITLE VII—NATIONAL PARK SERVICE AUTHORIZATIONS
Subtitle A—Additions to the National Park System
Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.
Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site.
Sec. 7003. River Raisin National Battlefield Park.
Subtitle B—Amendments to Existing Units of the National Park System
Sec. 7101. Funding for Keweenaw National Historical Park.
Sec. 7102. Location of visitor and administrative facilities for Weir Farm National Historic Site.
Sec. 7103. Little River Canyon National Preserve boundary expansion.
Sec. 7104. Hopewell Culture National Historical Park boundary expansion.
Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment.
Sec. 7106. Minute Man National Historical Park.
Sec. 7107. Everglades National Park.
Sec. 7108. Kalaupapa National Historical Park.
Sec. 7109. Boston Harbor Islands National Recreation Area.
Sec. 7110. Thomas Edison National Historical Park, New Jersey.
Sec. 7111. Women’s Rights National Historical Park.
Sec. 7112. Martin Van Buren National Historic Site.
Sec. 7113. Palo Alto Battlefield National Historical Park.
Sec. 7114. Abraham Lincoln Birthplace National Historical Park.
Sec. 7115. New River Gorge National River.
Sec. 7116. Technical corrections.
Sec. 7117. Wright Brothers-Dunbar National Historical Park, Ohio.
Sec. 7118. Fort Davis National Historic Site.
Subtitle C—Special Resource Studies
Sec. 7201. Walnut Canyon study.
Sec. 7202. Tule Lake Segregation Center, California.
Sec. 7203. Estate Grange, St. Croix.
Sec. 7204. Harriet Beecher Stowe House, Maine.
Sec. 7205. Shepherdstown battlefield, West Virginia.
Sec. 7206. Green McAdoo School, Tennessee.
Sec. 7207. Harry S Truman Birthplace, Missouri.
Sec. 7208. Battle of Matewan special resource study.
Sec. 7209. Butterfield Overland Trail.
Sec. 7210. Cold War sites theme study.
Sec. 7211. Battle of Camden, South Carolina.
Sec. 7212. Fort San Gero´nimo, Puerto Rico.
Subtitle D—Program Authorizations
Sec. 7301. American Battlefield Protection Program.
Sec. 7302. Preserve America Program.
Sec. 7303. Save America’s Treasures Program.
Sec. 7304. Route 66 Corridor Preservation Program.
Sec. 7305. National Cave and Karst Research Institute.
Subtitle E—Advisory Commissions
Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.
Sec. 7402. Cape Cod National Seashore Advisory Commission.
Sec. 7403. National Park System Advisory Board.
Sec. 7404. Concessions Management Advisory Board.
Sec. 7405. St. Augustine 450th Commemoration Commission.
Subtitle F—Memorials
Sec. 7501. Reauthorization of memorial to Martin Luther King, Jr.
TITLE VIII—NATIONAL HERITAGE AREAS
Subtitle A—Designation of National Heritage Areas
Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.
Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.
Sec. 8003. South Park National Heritage Area, Colorado.
Sec. 8004. Northern Plains National Heritage Area, North Dakota.
Sec. 8005. Baltimore National Heritage Area, Maryland.
Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.
Sec. 8007. Mississippi Hills National Heritage Area.
Sec. 8008. Mississippi Delta National Heritage Area.
Sec. 8009. Muscle Shoals National Heritage Area, Alabama.
Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.
Subtitle B—Studies
Sec. 8101. Chattahoochee Trace, Alabama and Georgia.
Sec. 8102. Northern Neck, Virginia.
Subtitle C—Amendments Relating to National Heritage Corridors
Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.
Sec. 8202. Delaware And Lehigh National Heritage Corridor.
Sec. 8203. Erie Canalway National Heritage Corridor.
Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor.
TITLE IX—BUREAU OF RECLAMATION AUTHORIZATIONS
Subtitle A—Feasibility Studies
Sec. 9001. Snake, Boise, and Payette River systems, Idaho.
Sec. 9002. Sierra Vista Subwatershed, Arizona.
Sec. 9003. San Diego Intertie, California.
Subtitle B—Project Authorizations
Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon.
Sec. 9102. Madera Water Supply Enhancement Project, California.
Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.
Sec. 9104. Rancho Cailfornia Water District project, California.
Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.
Sec. 9106. Rio Grande Pueblos, New Mexico.
Sec. 9107. Upper Colorado River Basin Fund.
Sec. 9108. Santa Margarita River, California.
Sec. 9109. Elsinore Valley Municipal Water District.
Sec. 9110. North Bay Water Reuse Authority.
Sec. 9111. Prado Basin Natural Treatment System Project, California.
Sec. 9112. Bunker Hill Groundwater Basin, California.
Sec. 9113. GREAT Project, California.
Sec. 9114. Yucaipa Valley Water District, California.
Sec. 9115. Arkansas Valley Conduit, Colorado.
Subtitle C—Title Transfers and Clarifications
Sec. 9201. Transfer of McGee Creek pipeline and facilities.
Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.
Sec. 9203. Goleta Water District Water Distribution System, California.
Subtitle D—San Gabriel Basin Restoration Fund
Sec. 9301. Restoration Fund.
Subtitle E—Lower Colorado River Multi-Species Conservation Program
Sec. 9401. Definitions.
Sec. 9402. Implementation and water accounting.
Sec. 9403. Enforceability of program documents.
Sec. 9404. Authorization of appropriations.
Subtitle F—Secure Water
Sec. 9501. Findings.
Sec. 9502. Definitions.
Sec. 9503. Climate change adaptation program.
Sec. 9504. Water management improvement.
Sec. 9505. Hydroelectric power assessment.
Sec. 9506. Climate change and water intragovernmental panel.
Sec. 9507. Water data enhancement by United States Geological Survey.
Sec. 9508. National water availability and use assessment program.
Sec. 9509. Research agreement authority.
Sec. 9510. Effect.
Subtitle G—Aging Infrastructure
Sec. 9601 Definitions.
Sec. 9602. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities.
Sec. 9603. Extraordinary operation and maintenance work performed by the Secretary.
Sec. 9604. Relationship to Twenty-First Century Water Works Act.
Sec. 9605. Authorization of appropriations.
Sec. 9606. Loan guarantee finance demonstration program.
TITLE X—WATER SETTLEMENTS
Subtitle A—San Joaquin River Restoration Settlement
PART I—SAN JOAQUIN RIVER RESTORATION SETTLEMENT ACT
Sec. 10001. Short title.
Sec. 10002. Purpose.
Sec. 10003. Definitions.
Sec. 10004. Implementation of settlement.
Sec. 10005. Acquisition and disposal of property; title to facilities.
Sec. 10006. Compliance with applicable law.
Sec. 10007. Compliance with Central Valley Project Improvement Act.
Sec. 10008. No private right of action.
Sec. 10009. Appropriations; Settlement Fund.
Sec. 10010. Repayment contracts and acceleration of repayment of construction costs.
Sec. 10011. California Central Valley Spring Run Chinook salmon.
PART II—STUDY TO DEVELOP WATER PLAN; REPORT
Sec. 10101. Study to develop water plan; report.
PART III—FRIANT DIVISION IMPROVEMENTS
Sec. 10201. Federal facility improvements.
Sec. 10202. Financial assistance for local projects.
Sec. 10203. Authorization of appropriations.
Subtitle B—Northwestern New Mexico Rural Water Projects
Sec. 10301. Short title.
Sec. 10302. Definitions.
Sec. 10303. Compliance with environmental laws.
Sec. 10304. No reallocation of costs.
Sec. 10305. Interest rate.
PART I—AMENDMENTS TO THE COLORADO RIVER STORAGE PROJECT ACT
AND PUBLIC LAW 87–483
Sec. 10401. Amendments to the Colorado River Storage Project Act.
Sec. 10402. Amendments to Public Law 87–483.
Sec. 10403. Effect on Federal water law.
PART II—RECLAMATION WATER SETTLEMENTS FUND
Sec. 10501. Reclamation Water Settlements Fund.
PART III—NAVAJO-GALLUP WATER SUPPLY PROJECT
Sec. 10601. Purposes.
Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.
Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water.
Sec. 10604. Project contracts.
Sec. 10605. Navajo Nation Municipal Pipeline.
Sec. 10606. Authorization of conjunctive use wells.
Sec. 10607. San Juan River Navajo Irrigation Projects.
Sec. 10608. Other irrigation projects.
Sec. 10609. Authorization of appropriations.
PART IV—NAVAJO NATION WATER RIGHTS
Sec. 10701. Agreement.
Sec. 10702. Trust Fund.
Sec. 10703. Waivers and releases.
Sec. 10704. Water rights held in trust.
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