49–010 

Calendar No. 263 

109TH CONGRESS REPORT " ! SENATE 1st Session 109–162 

MORLEY NELSON SNAKE RIVER BIRDS OF PREY 

NATIONAL CONSERVATION AREA ACT 

OCTOBER 27, 2005.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 761] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 761) 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. 761 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 

2 

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 1950s, 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 TV 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, 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

Senators Craig and Crapo introduced S. 761 on April 12, 2005. 

A companion bill was introduced in the House of Representatives 

by Representative Otter on April 12, 2005. The Subcommittee on 

Public Lands and Forests held a hearing on S. 761 on May 11, 

2005. At the business meeting on September 28, 2005, the Committee on Energy and Natural Resources ordered S. 761 favorably 

reported. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on September 28, 2005, by a unanimous vote of a 

quorum present, recommends that the Senate pass S. 761. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title. 

Subsection 2(a) provides for the renaming of the area. 

(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. 

(c) provides technical corrections by making certain amendments 

to 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: 

3 

S. 761—Morley Nelson Snake River Birds of Prey National Conservation Area Act 

S. 761 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. 761 

would have no significant impact on federal costs. Enacting the bill 

would not affect direct spending or revenues. 

S. 761 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 Megan Carroll. 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. 761. 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. 761, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The administration has expressed no view on S. 761. 

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. 

761, 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): 

AN 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. 

* * * * * * * 

4 

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 ø(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 øConservation 

Area¿ conservation area is established. 

* * * * * * * 

(d) VISITORS USE OF AREA.—In addition to the øVisitors 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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