S. HRG. 112–642 PUBLIC LANDS BILLS HEARING BEFORE THE SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS COMMITTEE ON OF THE ENERGY AND NATURAL RESOURCES UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS SECOND SESSION ON S. 303 S. 1129 S. 1473 S. 1492 S. 1559 S. 1635 S. 1687 S. 1774 S. 1788 S. 1906 S. 2001 S. 2015 S. 2056 MARCH 22, 2012 ( Printed for the use of the Committee on Energy and Natural Resources U.S. GOVERNMENT PRINTING OFFICE 77–160 PDF WASHINGTON : 2012 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 COMMITTEE ON ENERGY AND NATURAL RESOURCES JEFF BINGAMAN, New Mexico, Chairman RON WYDEN, Oregon LISA MURKOWSKI, Alaska TIM JOHNSON, South Dakota JOHN BARRASSO, Wyoming MARY L. LANDRIEU, Louisiana JAMES E. RISCH, Idaho MARIA CANTWELL, Washington MIKE LEE, Utah BERNARD SANDERS, Vermont RAND PAUL, Kentucky DEBBIE STABENOW, Michigan DANIEL COATS, Indiana MARK UDALL, Colorado ROB PORTMAN, Ohio JEANNE SHAHEEN, New Hampshire JOHN HOEVEN, North Dakota AL FRANKEN, Minnesota DEAN HELLER, Nevada JOE MANCHIN, III, West Virginia BOB CORKER, Tennessee CHRISTOPHER A. COONS, Delaware ROBERT M. SIMON, Staff Director SAM E. FOWLER, Chief Counsel MCKIE CAMPBELL, Republican Staff Director KAREN K. BILLUPS, Republican Chief Counsel SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS RON WYDEN, Oregon, Chairman TIM JOHNSON, South Dakota JOHN BARRASSO, Wyoming MARY L. LANDRIEU, Louisiana JAMES E. RISCH, Idaho MARIA CANTWELL, Washington MIKE LEE, Utah MARK UDALL, Colorado RAND PAUL, Kentucky JEANNE SHAHEEN, New Hampshire ROB PORTMAN, Ohio AL FRANKEN, Minnesota JOHN HOEVEN, North Dakota CHRISTOPHER A. COONS, Delaware DEAN HELLER, Nevada JEFF BINGAMAN and LISA MURKOWSKI are Ex Officio Members of the Subcommittee (II) C O N T E N T S STATEMENTS Page Barrasso, Hon. John, U.S. Senator From Wyoming ............................................. 2 Baucus, Hon. Max, U.S. Senator From Montana .................................................. 4 Cantwell, Hon. Maria, U.S. Senator From Washington ....................................... 34 Crary, Dusty, Choteau, MT .................................................................................... 51 Gann, Doug, National Forest Homeowners, Kirkland, WA ................................. 54 Kerr, Andy, Advisor, WildEarth Guardians .......................................................... 47 Magagna, Jim, Executive Vice President, Wyoming Stock Growers Associa- tion, Public Lands Council, Cheyenne, WY ....................................................... 42 Murkowski, Hon. Lisa, U.S. Senator From Alaska ............................................... 3 Pool, Mike, Deputy Director, Bureau of Land Management, Department of the Interior ........................................................................................................... 10 Strahan, David, Grants Pass, OR .......................................................................... 39 Udall, Hon. Mark, U.S. Senator From Colorado ................................................... 8 Weldon, Leslie A.C., Deputy Chief, Forest Service, Department of Agriculture 27 Wyden, Hon. Ron, U.S. Senator From Oregon ...................................................... 1 APPENDIXES APPENDIX I Responses to additional questions .......................................................................... 71 APPENDIX II Additional material submitted for the record ........................................................ 83 (III) PUBLIC LANDS BILLS THURSDAY, MARCH 22, 2012 U.S. SENATE, SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS, COMMITTEE ON ENERGY AND NATURAL RESOURCES, Washington, DC. The subcommittee met, pursuant to notice, at 2:40 p.m. in room SD–366, Dirksen Senate Office Building, Hon. Ron Wyden pre- siding. OPENING STATEMENT OF HON. RON WYDEN, U.S. SENATOR FROM OREGON Senator WYDEN. The subcommittee will come to order. Let me also say that all our guests and my good friend, Chairman Baucus, apologies for being a few minutes tardy. Today has been bedlam. This afternoon the Subcommittee on Public Lands and Forests is going to consider 13 bills involving National Forests and Public Lands. The agenda includes S. 303, Senator Murkowski’s bill addressing claim maintenance fee waivers for small miners. S. 1129, Senator Barrasso’s bill concerning grazing management. S. 1473, Senator Heller’s Mesquite Nevada Land Conveyance bill. 1492, another bill relating to Nevada, relating to the Three Kids Mine. S. 1559, Senator Cantwell’s bill to establish the San Juan Islands National Conservation Area. S. 1635, Senator Udall’s San Juan Mountains Wilderness Act. S. 1687, Chairman Bingaman’s bill to modify the boundaries of the Carson National Forest in New Mexico. S. 1774, Chairman Baucus’ Rocky Mountain Front Heritage Act. S. 1778, Senator Reed and Senator Heller’s bill to designate the Pine Forest Range Wilderness in Nevada. S. 1906, Senator Tester’s bill to establish a new formula for cabin fees on National Forests. S. 2001, my bill to expand the Wild Rogue Wilderness Area in Oregon and to designate additional segments of the Rogue River to the National Wild and Scenic River system. S. 2015, sponsored by Senators Enzi and Barrasso which would convey BLM land in Wyoming to the Powell Recreation District. Finally S. 2056, sponsored by Senator Hatch and Senator Enzi, authorizing the Secretary of the Interior to convey certain lands ac- quired for the Scofield Project in Utah. The subcommittee, obviously, has a full agenda this afternoon. We’ve had many hearing requests. So the point of today’s sub- (1) 2 committee’s hearing is especially is to hold a hearing to look at as many bills as possible since we know that a number of these bills are of particular interest to members of the committee. Given the fact that we’re starting a bit late Chairman Baucus and others have been waiting, I’m going to put my remarks into the record, but just by way of one quick thought, the Rogue River legislation which I have authored with colleagues to expand the Wild Rogue Wilderness Area by 60,000 acres. This is a part of our country that is one of America’s premier recreation destinations. Famous for free flowing waters which provide numerous rafting, fishing, backpacking and hiking opportunities, spectacular cannons, diverse natural areas with habitat for Bald Eagles, elk, bears, green sturgeons, salmon and steelhead, among other species. So I’m going to put the rest of my remarks into the record. But would only note and I’ve heard Chairman Baucus and others talk about it that so many of the bills that we’re talking about allow us to protect America’s great treasures. Are also good for the econ- omy and good for business because we see so many American busi- nesses supportive of recreation and the values these bills represent. Senator WYDEN. With that let me turn to Senator Barrasso. I also see the ranking minority m ember is here. We’ll put everybody’s statement into the record. I thank my colleagues for their attendance. STATEMENT OF HON. JOHN BARRASSO, U.S. SENATOR FROM WYOMING Senator BARRASSO. Thank you very much, Mr. Chairman. I wish to welcome Senator Baucus and also wanted to welcome Jim Magagna from the Wyoming Stock Growers Association. There are 3 bills related to Wyoming included in this hearing. I wish to ad- dress S. 1129, the Grazing Improvement Act of 2011, S. 2015, the Powell Shooting Range Land Conveyance Act and S. 1906, the Cabin Fee Act of 2011. Livestock grazing on public lands has a strong tradition in Wyo- ming and the West. Ranchers are proud and responsible environ- mental stewards of the land. Yet ranchers face too much uncer- tainty surrounding their grazing permits. Hard working ranching families are routinely attacked by ex- treme anti-grazing and pro-litigation groups. Uncertainty and liti- gation undermine all businesses. It is especially true for rural ranching communities. These family ranches in many communities across the West are the driving force of rural economies. That’s why I introduced the Grazing Improvement Act of 2011. This is an act that is needed by livestock grazing permit holders and the Federal Land Manage- ment Agencies themselves. Additionally for over a decade agencies have relied on year to year appropriation rider language to reissue grazing permits. My bill codifies this important language. The BLM and Forest Service simply cannot keep up with the required NEPA analysis due to limited funding and a backlog of lawsuits by the anti-grazing, pro- litigation groups. This bill provides the respective Secretaries with the needed flexibility when reissuing grazing permits. Such reforms will provide greater certainty and stability to the livestock grazing 3 community, the rural economies and wildlife they support and our Federal land agencies. Additionally I’m pleased the committee is considering S. 2015, a bill Senator Enzi introduced and I have co-sponsored. This legisla- tion would convey land currently used as a shooting range to the Powell Recreation District in the State of Wyoming. The land has been used as a public recreational shooting complex since 1980. Once conveyed it will continue to operate as a public shooting range. The Powell Recreation District has been working to obtain this land since 2005 but has been unable to make progress due to ques- tions of ownership. Senator Enzi and I looked at every option. We believe the most appropriate option for moving forward