the Senate Appropriations Subcommittee concerning BLM's appropriation for fiscal 1994-an appropriation that would be authorized by enactment of H.R. 1603. Therefore, we will take the testimony of the other scheduled witnesses first, and then will hear from the Director after he concludes his appearance before the Senate Appropriations Subcommittee. If we have concluded with the other witnesses before the Director arrives, we will recess and then resume later today to hear from him. The BLM is a very important agency of Government, with sole responsibility for management of some 270 million acres-about 13% of the total land surface of the Nation-and for administering mineral leasing and supervising mineral operations on an additional 300 million acres throughout the United States. The basic law governing BLM's activities is the Federal Land Policy and Management Act of 1976-or "FLPMA"-sometimes referred to as BLM's "organic act.” FLPMA provides for periodic reauthorization of BLM appropriations, but such reauthorization has occurred only once, and there has been no authorization for appropriations for most BLM activities since the end of fiscal 1982. Since that time, in order for appropriations to be provided, it has been necessary for the House either to adopt a rule waiving the requirement of the House rules that appropriations be authorized, or-as was done last year-for the appropriations bill to provide that the funding is subject to enactment of authorizing legislation. For several years, this committee and the House have been attempting to resolve this problem through enactment of a BLM reauthorization bill. The House passed such a bill in 1990, and again in 1991. As Members who served in the last Congress are aware, the bill the House passed in 1991 provided for more than a simple reauthorization of appropriations. Like the earlier version passed by the House, the 1991 bill included a number of other provisions intended to clarify BLM's mandate and improve the agency's ability to properly manage the public lands. Those provisions were based on the continuing oversight work of the subcommittee and full committee during the 15 years since enactment of FLPMA, and also responded to judicial decisions and to the way FLPMA had been implemented by several administrations. H.R. 1603 is similar in most respects to the House-passed bill of the 102d Congress, but there are some differences. For one thing, H.R. 1603 does not include the provisions related to grazing fees and other aspects of range management that were in the bill approved by the House in 1991. Instead, those and related provisions have been grouped into a separate measure, H.R. 1602, on which the subcommittee has already held a hearing. It may be appropriate for these two bills to be joined into a larger measure later, but we have not reached the stage in the legislative process where that would occur, if it is to occur. Another difference between H.R. 1603 and the House-passed bill of 1991, is that H.R. 1603 includes a new section-section 19-that would require the Secretary of the Interior to inform the Congress whether there are portions of the public lands managed by BLM that should be considered for possible designation as national conservation areas. In recent years, our committee has considered a number of such proposals. Several have been enacted into law, including the designation of the Le Malpais National Conservation Area in New Mexico, the Red Rock Canyon National Conservation Area in Nevada, and the San Pedro Riparian National Conservation Area and Gila Box Riparian National Conservation Area, both in Arizona. Earlier similar designations include lands in California and Alaska. Just this month the House approved the bill of our colleague from Idaho, Mr. LaRocco, to give a statutory NCA designation to the Snake River Birds of Prey Area previously reserved by administrative actions. In my opinion, the time has come to establish a more regular procedure for identifying which BLM lands might be appropriate for such designations, and to move toward more uniform management of national conservaton areas. These are the objectives of section 19 of the bill before us. Finally, let me mention one feature of the bill that is not new, but that is of continuing importance. That is section 14, which would amend FLPMA to address potential claims for rights-of-way based on a 19th-century law-later grouped into the revised statutes as section 2477, and so usually referred to as R.S. 2477-prior to that law's repeal by FLPMA in 1976. Last year, to maintain the status quo on the ground while similar provisions were under consideration, the House's version of the fiscal 1993 appropriations bill included a moratorium on processing of such claims. That moratorium was dropped in conference, but the conferees required submission from the Interior Department of a report on R.S. 2477 and its significance for management of the public lands. A draft version of that report has been made available to the public, and there is evidently, and properly, considerable public interest in this matter. It is my understanding that the final version of the report will be transmitted fairly soon. Section 14 of H.R. 1603 is identical to the corresponding provisions of the bill the House passed in 1991. It may be that the information developed by the administration, and such recommendations as they may make, will lead to suggestions for revisions of that part of the bill, and I am sure such suggestions will be carefully considered. I am hopeful that with the help of the Clinton administration, this year we can break the gridlock and enact a reauthorization measure for BLM. Certainly I intend to continue to work to achieve that goal, and in the process, to provide an opportunity for the Natural Resources Committee to properly exert its jurisdiction over the management of the public lands by resolving the policy disputes that in the past have too often been dealt with by the Appropriations committees both in the House and in the other body. A copy of the bill and a fairly detailed description of its provisions are before each Member, so I will dispense with further de In a moment, I will recognize other Members who wish to make opening statements, but first let me briefly outline the procedures we will follow today: Without objection, the full statements of all witnesses will be included in the record as if read, and I will ask each public witness to summarize their testimony in no more than five minutes. We will allow the witness on behalf of the administration to take more time if necessary, so that we may have a full explanation of the administration's views. As usual, we have grouped some of the witnesses into panels, to expedite matters, and will hear from all witnesses on each panel before Members are recognized under the five-minute rule to question those witnesses. If Members desire, we can have more than one round of questions. I will attempt to recognize Members in the order of their arrival at the hearing, in the usual rotation between majority and minority sides. Now, let me recognize other Members who wish to make opening statements before we hear from our witnesses. [Text of the bill, H.R. 1603, follows:] 103D CONGRESS 1ST SESSION H. R. 1603 To authorize appropriations for programs, functions, and activities of the Bureau of Land Management for fiscal years 1994 through 1997; to improve the management of the public lands; and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. VENTO introduced the following bill; which was referred jointly to the A BILL To authorize appropriations for programs, functions, and activities of the Bureau of Land Management for fiscal years 1994 through 1997; to improve the management of the public lands; and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 SECTION 1. AUTHORIZATION. 4 There are hereby authorized to be appropriated such 5 sums as may be necessary for programs, functions, and 6 activities of the Bureau of Land Management, Depart7 ment of the Interior (including amounts necessary for in8 creases in salary, pay, retirements, and other employee 2 1 benefits authorized by law, and for other nondiscretionary 2 costs), during fiscal years beginning on October 1, 1993, 3 and ending September 30, 1997. 4 SEC. 2. STATUTORY REFERENCE. 5 As used hereafter in this Act, the terms "the Act" 6 and "FLPMA" mean the Federal Land Policy and Man 7 agement Act of 1976 (43 U.S.C. 1701 et seq.). 8 SEC. 3. FLPMA DEFINITIONS. 9 (a) AREAS OF CRITICAL ENVIRONMENTAL CON 10 CERN.-Section 103(a) of the Act (43 U.S.C. 1702(a)) is 11 amended to read as follows: 12 "(a) The term 'areas of critical environmental con13 cern' means those areas (whether or not previously af14 fected by one or more uses or developments) identified by 15 the Secretary as areas where special management atten16 tion is required (which, among other things, may in some 17 instances include restrictions on or prohibitions of any fur18 ther development) in order "(1) to protect important resources and values (including but not limited to environmental, ecological, historic, cultural, scenic, fish and wildlife, and scientific resources or values) located on or likely to be affected by the use of specific portions of the public lands (but Congress does not intend that the HR 1003 I |