59–010 

Calendar No. 249 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–116 

NATIONAL LANDSCAPE CONSERVATION SYSTEM ACT 

JUNE 28, 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. 1139] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1139) to establish the National Landscape Conservation System, and for other purposes, having considered the 

same, reports favorably thereon with an amendment and recommends that the bill do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Landscape Conservation System Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(2) SYSTEM.—The term ‘‘system’’ means the National Landscape Conservation 

System established by section 3(a). 

SEC. 3. ESTABLISHMENT OF THE NATIONAL LANDSCAPE CONSERVATION SYSTEM. 

(a) ESTABLISHMENT.—In order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for 

the benefit of current and future generations, there is established in the Bureau of 

Land Management the National Landscape Conservation System. 

(b) COMPONENTS.—The system shall include each of the following areas administered by the Bureau of Land Management: 

(1) Each area that is designated as— 

(A) a national monument; 

(B) a national conservation area; 

(C) a wilderness study area; 

(D) a national scenic trail or national historic trail designated as a component of the National Trails System; 

(E) a component of the National Wild and Scenic Rivers System; or 

(F) a component of the National Wilderness Preservation System. 


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(2) Any area designated by Congress to be administered for conservation purposes, including—

(A) the Steens Mountain Cooperative Management and Protection Area; 

(B) the Headwaters Forest Reserve; 

(C) the Yaquina Head Outstanding Natural Area; and 

(D) any additional area designated by Congress for inclusion in the system. 

(c) MANAGEMENT.—The Secretary shall manage the system—

(1) in accordance with any applicable law (including regulations) relating to 

any component of the system included under subsection (b); and 

(2) in a manner that protects the values for which the components of the system were designated. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are necessary to carry out 

this Act. 

PURPOSE OF THE MEASURE

The purpose of S. 1139 is to codify the National Landscape Conservation System within the Bureau of Land Management. 

BACKGROUND AND NEED

The National Landscape Conservation System was established 

administratively by the Department of the Interior in 2000 and 

consists of all areas the Bureau of Land Management administers 

for conservation purposes. The system includes 15 National Monuments, 17 National Conservation Areas, over 6.5 million acres of 

wilderness in 161 areas, over 15.5 million acres of BLM-administered wilderness study areas, 12 National Historic Trails, 2 National Scenic Trails, and 38 Wild and Scenic Rivers. The concept 

behind grouping all of these areas into one system was to increase 

public awareness of the importance of these lands and to highlight 

the BLM’s conservation of these areas and their cultural, historical, 

scientific, and ecological significance to the Nation. 

However, because the NLCS was established administratively, it 

does not have the permanence that it would have if codified legislatively. In addition, legislative enactment of the NLCS may increase 

attention to these important, congressionally and presidentially 

protected areas, and will help ensure that the system remains a 

high priority within the BLM and the Department of the Interior. 

S. 1139 does not create any new management authority and does 

not change the authorities for any of the previously designated 

areas within the system. 

LEGISLATIVE HISTORY

S. 1139 was introduced by Senators Bingaman, Salazar, Cantwell, and Sanders on April 18, 2007. Senator Wyden was added as 

a cosponsor on May 8, 2007. 

The Subcommittee on Public Lands and Forests held a hearing 

on S. 1139 on May 3, 2007. 

On May 23, 2007, the Committee on Energy and Natural Resources ordered S. 1139 to be reported with an amendment in the 

nature of a substitute favorably. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in an 

open business session on May 23, 2007, by a unanimous voice vote 


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of a quorum present, recommends that the Senate pass S. 1139, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of S. 1139, the Committee adopted an 

amendment in the nature of a substitute. The amendment clarified 

the description of the components of the National Landscape Conservation System, but did not make any substantive changes to the 

bill as introduced. The amendment is described in detail in the section-by-section analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title, the ‘‘National Landscape Conservation System Act.’’ Section 2 defines key terms used in the bill. 

Section 3(a) establishes in the Bureau of Land Management 

(BLM) the National Landscape Conservation System in order to 

conserve, protect, and restore nationally significant landscapes that 

have outstanding cultural, ecological, and scientific values for the 

benefit of current and future generations. 

Subsection (b) lists the components of the system, which includes 

the following BLM-administered areas: national monuments; national conservation areas; wilderness areas and wilderness study 

areas; national scenic or national historic trails; and wild and scenic rivers. The system also includes the Steens Mountain Cooperative Management and Protection Area in Oregon, the Yaquina 

Head Outstanding Natural Area in Oregon, and the Headwaters 

Forest Reserve in California. 

Section 4 authorizes the appropriation of such sums as are necessary to carry out the Act. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of the cost of this measure has been provided by the Congressional Budget Office: 

JUNE 6, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1139, the National Landscape Conservation System Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 1139—National Landscape Conservation System Act 

S. 1139 would provide a statutory basis for the National Landscape Conservation System (NLCS), which was established administratively in 2000. The NLCS encompasses about 20 million acres 

of land administered by the Bureau of Land Management. Based 

on information provided by that agency, CBO estimates that enacting S. 1139 would have no effect on the NLCS budget, which is curVerDate Aug 31 2005 05:33 Jun 30, 2007 Jkt 059010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR116.XXX SR116

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rently about $50 million a year, because BLM already has permanent authority to manage the land in the NLCS, subject to 

amounts provided in annual appropriations acts. Enacting S. 1139 

would not affect direct spending or revenues. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

affect 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. 1139. 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. 1139, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Bureau of Land Management at 

the Subcommittee hearing on S. 1139 follows: 

STATEMENT OF JIM HUGHES, ACTING DIRECTOR, BUREAU

OF LAND MANAGEMENT

Thank you for inviting me to testify on S. 1139, the National Landscape Conservation System Act. The National 

Landscape Conservation System (NLCS) is a significant 

part of the Bureau of Land Management’s (BLM) conservation efforts and is integral to the BLM’s overall multipleuse mission. The BLM is proud to oversee this system 

which includes areas nationally recognized for their outstanding values. These lands are not simply places to visit; 

they help define who we are as a Nation and tell the story 

of our nation as it unfolded in the unforgettable natural 

landscapes of the West. 

The Department supports S. 1139, a bill that would legislatively establish the NLCS in order to conserve, protect, 

and restore nationally significant landscapes. The bill 

would provide for the inclusion in the NLCS of Congressionally and Presidentially designated special places administered by the BLM. S. 1139 would provide legislative 

support to the NLCS and its conservation mission within 

the BLM. 

BACKGROUND

In June 2000, the Department of the Interior administratively established the NLCS within the BLM bringing 

into a single organized system many of the BLM’s outstanding ecological, cultural and scientific landscapes. The 


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BLM is charged with managing the public lands for a wide 

range of uses. This multiple-use mission directs the balanced management of public lands for many uses, including conservation, recreation, livestock grazing, energy development, and timber production. The NLCS is an integral part of that mission and includes National Monuments, National Conservation Areas (NCAs), National Scenic and Historic Trails, Wild and Scenic Rivers, Wilderness, and Wilderness Study Areas (WSAs). The BLM, 

under the authority of section 603 of FLPMA, manages 

WSAs so as not to impair their wilderness character. The 

establishment of the NLCS would not change the status of 

the WSAs or the authority of Congress, at some future 

time, to designate them as units of the National Wilderness Preservation System or to release them for non-wilderness multiple use. 

The NLCS currently includes 20 million acres of archaeological and historic treasures such as Canyons of the Ancients National Monument in Colorado and the Oregon 

National Historic Trail, wildlife havens such as Snake 

River Birds of Prey NCA in Idaho and Aravaipa Canyon 

Wilderness in Arizona, and hiking challenges such as King 

Range National Conservation Area along the lost coast of 

northern California and significant sections of the Continental Divide National Scenic Trail as it winds its way 

through New Mexico, Colorado, Wyoming and Montana. 

Over the last six years, since its inception, the NLCS 

has established successful, collaborative relationships with 

local communities, States, tribes, friends groups, and private citizens. These partnerships are critical to the on-theground success of NLCS units. 

In an increasingly crowded and fast-changing West, 

NLCS units provide some of the best examples of open 

space. For the most part, NLCS units are not highway developed. Rather, they provide visitors a different kind of 

outdoor experience—an opportunity to explore, discover 

and relax. These are places to get lost and find oneself. 

Many NLCS units were designated specifically for their 

scientific values. Recent discoveries at some NLCS units 

include cave-dwelling millipedes previously unknown to 

science and numerous new species of dinosaurs. In 2006, 

at Grand Staircase-Escalante National Monument, the discovery of one of the largest known oviraptors in the world 

(a giant 7-foot-tall, 14-foot-long flesh-eating, feathered dinosaur) was revealed. The diverse opportunities for scientific inquiry allow NLCS units to be used as outdoor laboratories by a wide range of universities, colleges, and high 

schools including Brigham Young University, Montana 

State University, Colorado State University, Northern Arizona University, Universidad de Sonora (Mexico), Stanford 

University, Boise State University, University of New 

South Wales (Australia), Oregon State University, University of Utah, and the University of Witwatersrand (South 

Africa). Their efforts also directly benefit local communities. For example, studies of lava flows at Craters of the 


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Moon National Monument in collaboration with Idaho 

State University contribute to hands-on science curriculum 

for local elementary students. 

Much of the support for NLCS units comes from local 

communities that work with the BLM to engage in cooperative conservation that enhance local economies, cultures, 

and resources. At New Mexico’s Kasha-Katuwe Tent Rocks 

National Monument, an inter-governmental cooperative 

agreement between the BLM and the Pueblo de Cochiti 

has successfully provided for enhanced visitor services 

while improving the health of the land at this spectacular 

geologic wonder. In southern Arizona, Las Cienegas NCA 

is collaborating with local ranchers, water districts, the 

State and county to develop innovative solutions to managing this precious watershed in a desert environment—all 

in the context of a historic ranching community. 

Many NLCS units are adjacent to growing urban centers 

and provide respite from the city as well as recreational 

opportunities. Santa Rosa and San Jacinto Mountains National Monument adjoins the burgeoning Palm Springs 

area of California; McGinnis Canyons NCA lies near 

Grand Junction, Colorado; and Red Rock Canyon NCA is 

located just outside of Las Vegas, Nevada. Red Rock Canyon NCA has some of the highest visitation of any BLMadministered site and serves as an adventurous alternative for locals and visitors from Las Vegas’ other attractions. The many communities in California’s Coachella 

Valley welcome the undeveloped open spaces of the Congressionally designated Santa Rosa and San Jacinto Mountains National Monument. Partnerships with the Agua 

Caliente Band of Cahuilla Indians, the Friends of the 

Desert Mountains, and the cities of Palm Desert, Palm 

Springs, La Quinta, Cathedral City, Indian Wells, Rancho 

Mirage and Indio have enhanced BLM’s ability to improve 

recreational opportunities while also providing for improved habitat for the endangered Peninsular bighorn 

sheep. Colorado’s growing recreation industry promotes 

McInnis Canyon as a place for outdoor activity including 

wilderness hiking, rafting and mountain biking. 

From the remote, wild Steens Mountain Cooperative 

Management and Protection Area in the eastern part of 

the State, to coastal Yaquina Head Outstanding Natural 

Area’s lighthouse and tidal pools, the diversity of NLCS 

units can be viewed across the breadth of Oregon. The Oregon National Historic Trail and the interpretive center in 

Baker City provide a window into our pioneer past and the 

300,000 emigrants who used this pathway to the Pacific. 

Three ecosystems collide in Cascade-Siskiyou National 

Monument in southwestern Oregon forming a unique assemblage of rare plants and animals. Oregon’s 802 miles 

of wild and scenic rivers provide unparalleled opportunities for fishing, hunting and boating which contribute to 

economic diversity in local communities. 


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S. 1139

S. 1139 proposes to establish in statute the current administrative structure of the BLM’s National Landscape 

Conservation System. The bill would not alter the management of its individual units. It recognizes the diverse nature of the component parts of the BLM’s NLCS by directing that the units be managed in accordance with the laws 

related to each individual unit. As each unit is unique, we 

strongly support this recognition of their individual management frameworks. 

By formalizing the NLCS, S. 1139 would give Congressional support and direction, strengthening this special 

system of lands within the context of the BLM’s multipleuse mission. This will assure that these landscapes of the 

American spirit would be conserved, protected, and restored for the benefit of current and future generations. 

Thank you for the opportunity to testify in support of S. 

1139. I will be happy to answer any questions. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 1139, as ordered reported. 

Æ 


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