[DOCID: f:sr014.110]
From the Senate Reports Online via GPO Access
[wais.access.gpo.gov]
Calendar No. 39
110th Congress Report
SENATE
1st Session 110-14
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MORLEY NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION AREA ACT
_______
February 15, 2007.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 262]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 262) to rename the Snake River Birds of
Prey National Conservation Area in the State of Idaho as the
Morley Nelson Snake River Birds of Prey National Conservation
Area in honor of the late Morley Nelson, an international
authority on birds of prey, who was instrumental in the
establishment of this National Conservation Area, and for other
purposes, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
Purpose of the Measure
The purpose of S. 262 is to rename the Snake River Birds of
Prey National Conservation Area in the State of Idaho as the
Morley Nelson Snake River Birds of Prey National Conservation
Area in honor of the late Morley Nelson, an international
authority on birds of prey, who was instrumental in the
establishment of this National Conservation Area.
Background and Need
The Snake River Birds of Prey National Conservation Area
was established by Congress in 1993 (Public Law 103-64) to
recognize and perpetuate the area's wildlife values. The area
encompasses 485,000 acres of public land along approximately 80
miles of the Snake River in southwestern Idaho. The river lies
within a deep canyon that is surrounded by a vast plateau.
Cliffs towering up to 700 feet above the river provide ledges,
cracks, and crevices for nesting birds of prey, also known as
raptors.
After returning home as a decorated veteran of World War
II, Morley Nelson recognized the unique importance of the Snake
River area to the many species of raptors in the Snake River
area. Starting in the 1950's, Morley Nelson spent decades
convincing ranchers and farmers to accept the birds as an
integral part of the ecosystem. He raised public awareness
about birds of prey through scores of speeches and dozens of
movies and television specials starring his eagles and hawks,
including seven films for Disney. His work later led to the
area's protection through various designations, culminating in
its establishment by Congress as a National Conservation Area.
Morley Nelson is also known for solving the long-standing
problem with raptor electrocution from power lines and the
associated power outages and even occasional wildfires. In
cooperation with Idaho Power Company, and later with other
utilities, he helped develop guards and redesigned power
transmission lines to reduce raptor electrocution. This
technology has since spread throughout the world.
Morley Nelson passed away February 12, 2005. Renaming of
the Snake River Birds of Prey National Conservation Area will
honor his life's work and efforts to protect the area.
Legislative History
S. 262 was introduced by Senators Craig and Crapo on
January 11, 2007. During the 109th Congress, the Committee
considered identical legislation, S. 761, also sponsored by
Senators Craig and Crapo. The Subcommittee on Public Lands and
Forests held a hearing on S. 761 on May 11, 2005 (S. Hrg 109-
104). The Committee ordered S. 761 favorably reported on May
11, 2005 (S. Rept. 109-162) and the bill passed the Senate, by
unanimous consent, on November 16, 2005. No further action
occurred prior to the sine die adjournment of the 109th
Congress.
At its business meeting on January 31, 2007, the Committee
on Energy and Natural Resources ordered S. 262 favorably
reported.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 31, 2007, by a unanimous vote of a
quorum present, recommends that the Senate pass S. 262.
Section-by-Section Analysis
Section 1 contains the short title.
Subsection 2(a) provides for the renaming of the area.
Subsection (b) directs that any documents referencing the
Snake River Birds of Prey National Conservation Area shall be
deemed to be a reference to the Morley Nelson Snake River Birds
of Prey National Conservation Area.
Subsection (c) makes technical corrections to the
authorizing legislation for the National Conservation Area,
Public Law 103-64.
Cost and Budgetary Considerations
The following estimate of the cost of this measure has been
provided by the Congressional Budget Office:
S. 262--Morley Nelson Snake River Birds of Prey National Conservation
Area Act
S. 262 would rename the Snake River Birds of Prey National
Conservation Area in Idaho as the Morley Nelson Snake River
Birds of Prey National Conservation Area. Based on information
from the Department of the Interior, CBO estimates that S. 262
would have no significant impact on federal costs. Enacting the
bill would not affect direct spending or revenues.
S. 262 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would have no significant impact on the budgets of state,
local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 262. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 262, as ordered reported.
Executive Communications
Because S. 262 is identical to legislation considered in
the 109th Congress, the Committee did not request Executive
Agency views. The Bureau of Land Management did not provide
written testimony on S. 761 in the 109th Congress since the
bill provided only for the renaming of an existing area.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 262, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
1AN ACT To establish the Snake River Birds of Prey National
Conservation Area in the State of Idaho, and for other purposes [Pub.
L. 103-64]
* * * * * * *
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term `Secretary' means the Secretary of the
Interior.
(2) The term `conservation area' means the Morley
Nelson Snake River Birds of Prey National Conservation
Area established by section 3.
* * * * * * *
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment and Purposes.--(1) There is hereby
established the Morley Nelson Snake River Birds of Prey
National Conservation Area [(hereafter referred to as the
`conservation area')].
* * * * * * *
SEC. 4. MANAGEMENT AND USE.
(a) In General.--(1)(A) Within 1 year after the date of
enactment of this Act, the Secretary shall make any revisions
in the existing management plan for the conservation area as
necessary to assure its conformance with this Act, and no later
than January 1, 1996, shall finalize a new management plan for
the conservation area.
(B) Thereafter, the Secretary shall review the plan at
least once every 5 years and shall make such revisions as may
be necessary or appropriate.
(C) In reviewing and revising the plan, the Secretary shall
provide for appropriate public participation.
(2) Except as otherwise specifically provided in section
3(d) and subsections (d), (e), and (f) of this section, the
Secretary shall allow only such uses of lands in the
conservation area as the Secretary determines will further the
purposes for which the [Conservation Area] conservation area is
established.
* * * * * * *
(d) Visitors Use of Area.--In addition to the [Visitors
Center] visitors center, the Secretary may provide for visitor
use of the public lands in the conservation area to such extent
and in such manner as the Secretary considers consistent with
the protection of raptors and raptor habitat, public safety,
and the purposes for which the conservation area is
established. To the extent practicable, the Secretary shall
make available to visitors and other members of the public a
map of the conservation area and such other educational and
interpretive materials as may be appropriate.
* * * * * * *
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