89–006 

1 National Park Service. Main Site, https://www.nps.gov/aboutus/national-park-system.htm. 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–992 

YELLOWSTONE GATEWAY PROTECTION ACT 

OCTOBER 23, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4644] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4644) to withdraw certain National Forest System land 

in the Emigrant Crevice area located in the Custer Gallatin National Forest, Park County, Montana, from the mining and mineral 

leasing laws of the United States, and for other purposes, having 

considered the same, report favorably thereon without amendment 

and recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 4644 is to withdraw certain National Forest 

System land in the Emigrant Crevice area located in the Custer 

Gallatin National Forest, Park County, Montana, from the mining 

and mineral leasing laws of the United States. 

BACKGROUND AND NEED FOR LEGISLATION

The National Park System contains 417 areas covering nearly 84 

million acres in every State, the territories, and the District of Columbia.1 These federal lands serve as recreational destinations for 

individuals around the U.S. and the world. National park visitors 

generate and support significant economic activity within park 

gateway economies. As the Department of the Interior’s Fiscal Year 

2019 Budget Request notes, visitors to our national parks spend 

more than $18.4 billion in local communities, supporting nearly 

2 

2Department of the Interior. Interior Budget Request 2018, https://www.doi.gov/ocl/interiorbudget-request. 3 National Park Service. Office of Communications 2018, https://www.nps.gov/orgs/1207/02-28- 

2018-visitation-certified.htm. 4 National Park Service. Yellowstone Data 2018, https://www.nps.gov/yell/learn/news/ 

18019.htm. 5 National Park Service. Yellowstone Data 2018, https://www.nps.gov/yell/learn/news/ 

18019.htm. 6 USDA Forest Service. Emigrant Crevice Withdrawal: Economics 2018, https:// 

www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT343_278865.pdf. 7 USDA Forest Service. Emigrant Crevice Withdrawal: Economics https://www.fs.usda.gov/nfs/ 

11558/www/nepa/106272_FSPLT3_4278865.pdf. 8 USDA Forest Service. Emigrant Crevice Withdrawal: Economics https://www.fs.usda.gov/nfs/ 

11558/www/nepa/106272_FSPLT3_4278865.pdf. 9 Id. at 2. 10 Id. 

318,000 jobs and contributing $34.9 billion into the national economy.2

According to the National Park Service, federal lands received 

330,882,751 recreational visits in 2017, which mirrored record-setting numbers seen in 2016.3 More specifically, an estimated 4.1 

million people visited Yellowstone National Park and its surrounding areas, spending a total of $498.8 million in its neighboring communities.4 That spending contributed to the support of 

7,354 jobs with a cumulative benefit to the local economy of $629.6 

million.5

On November 22, 2016, the Bureau of Land Management published a Federal Register notice detailing an application had been 

filed to formally withdraw nearly 30,370 acres of National Forest 

System lands from location, entry, and patent under mining laws 

and disposition under all laws pertaining to mineral and geothermal leasing.6 The proposed withdrawal is within the Custer 

Gallatin National Forest, Park County, Montana, near Yellowstone 

National Park. Managed by the Yellowstone and Gardiner Ranger 

Districts, these federal lands consist of two plots: Emigrant (15,795 

acres) and Crevice (14,575 acres). 

Located 26 miles south of Livingston, Montana, the Emigrant 

area encircles the Emigrant Creek, Mill Creek, Arrastra Creek, and 

Sixmile Creek drainages. The parcel also contains 316 acres of nonfederal lands that would otherwise not be subject to the withdrawal, unless the land was obtained by the United States.7

Adjacent to the northern boundary of Yellowstone National Park 

and to the northeast of Gardiner, Montana, lies the Crevice withdrawal area, comprising 14,575 acres, of which 1,352 acres are nonfederal lands that would not be subject to the withdrawal.8

This area also includes three existing withdrawals, totaling over 

4,300 acres, that date back to the early 1900s. The first, Executive 

Order 3053, signed February 28, 1919, serves as a game preserve.9

The second is Power Site Reserve 527, which was withdrawn for 

water power sites. The final existing site is identified as Power Site 

Classification 94, dated May 2, 1925. Since none of the existing 

withdrawals close the land to entry under the mining laws, the 

proposed withdrawal area would overlap these existing withdrawals if enacted.10

On September 21, 2018, the U.S. Forest Service completed an environmental assessment of the proposed withdrawal and recommended, through the Bureau of Land Management, that the 

3 

11 USFS, Emigrant Crevice Locatable Mineral Withdrawal, Project Documents, Recommendation Letter 2018, https://www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4428944.pdf. 12 USDA Emigrant Crevice Mineral Withdrawal Environmental Assessment https:// 

www.fs.usda.gov/nfs/11558/www/nepa/106272_FSPLT3_4278748.pdf. 13Letter to Rep. Gianforte (R–MT) from Yellowstone Gateway Business Coalition. 

Secretary of the Interior withdraw the area in question from mineral entry for 20 years, subject to valid existing rights.11

The purpose of the withdrawal in H.R. 4644 is to permanently 

preserve the scenic integrity, wildlife corridors, and recreation values and opportunities in the historic Emigrant Mining District and 

the Jardine/Crevice Mining District.12

H.R. 4644 has broad local support, including from the Yellowstone Gateway Business Coalition, which represents over 400 businesses and thousands of men and women employed near Yellowstone National Park.13 That being said, no recent economic analysis has been conducted to determine the potential value of critical 

minerals or other materials which may be available in the proposed 

withdrawal areas. 

SECTION-BY-SECTION ANALYSIS OF H.R. 4644

Section 2. Withdrawal 

• Subject to valid existing rights in existence on the date of 

enactment of this Act, the National Forest System land and interests in the National Forest System land, as depicted on the 

map entitled ‘‘Emigrant Crevice Proposed Withdrawal Area’’ 

and dated November 10, 2016, is withdrawn from: 

(1) location, entry, and patent under the mining laws; 

and 

(2) disposition under all laws pertaining to mineral and 

geothermal leasing. 

• Nothing in this Act affects any recreational use, including 

hunting or fishing, that is authorized on land within the area 

depicted on the map under applicable law as of the date of enactment of the Act. 

• Any land or interest in land within the area depicted on 

the map that is acquired by the United States after the date 

of enactment of this Act shall, on acquisition, be immediately 

withdrawn in accordance with this section. 

COMMITTEE ACTION

H.R. 4644 was introduced on December 14, 2017, by Congressman Greg Gianforte (R–MT). The bill was referred to the Committee on Natural Resources and within the Committee, to the 

Subcommittee on Energy and Mineral Resources. The Subcommittee held a hearing on the bill on June 21, 2018. On September 26, 2018, the Natural Resources Committee met to consider 

the bill. The Subcommittee was discharged by unanimous consent. 

Congressman Paul A. Gosar (R–AZ) offered an amendment designated 132; it was not adopted by a bipartisan roll call vote of 10 

yeas and 21 nays, as follows: 

4 


Insert offset folio 5 here HR992.001

Date: 09.26.18 

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Recorded Vote #:7 

Meeting on I Amendment on: FC Markup Gosar [ 132] to HR 4644 (Rep. Greg Gianforte) 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Rankin?, Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

lvfrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

M<. Bordallo. Guam X iMr. Clay, MO 

Mr. Lamborn, CO Mr. Hice,GA 

Mr. Costa, CA X Mr. Gomez, CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI X Ms. Velazquez, NY 

Mr. McClintock, CA X Mr. Webster, FL 

M<. Tsongas, MA X Mr. Bergman, MI 

Mr. Pearce, NM Ms. Cheney, WY 

Mr. Hujjinan, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gallego, AZ X 

Mr. Tipton, CO X 

Ms. Hanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barragim, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 

Yes No Pres 

X 

X 

X 

I I X 

X 

X 

X 

X 

X 

X 

X 

X 

10 21 
5 

Congressman Paul A. Gosar (R–AZ) offered an amendment designated 133; it was not adopted by a bipartisan roll call vote of 10 

yeas and 22 nays, as follows: 

6 


Insert offset folio 7 here HR992.002

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Date: 09.26.18 Recorded Vote #:8 

Meeting on I Amendment on: FC Markup Gosar [133] to HR 4644 (Rep. Greg Gianforte) 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Gr{jalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. Brown, lv!D 

Mr. Gobmcrt, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo, Guam X Mr. Clay, MO 

Mr. Lamborn, CO Mr. Hice,GA 

Mr. Costa, CA X Mr. Gome::, CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI X Ms. Ve/iizquez, NY 

Mr. McClintock, CA X Mr. Webster, FL 

Ms. Tsongas, MA X Mr. Bergman, Ml 

Mr. Pearce, NM Ms. Cheney, WY 

Mr. Hujjinan, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gallego, AZ X 

Mr. Tipton, CO X 

Mli. Hanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barraz<in, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

10 22 
7 

Congressman Paul A. Gosar (R–AZ) offered an amendment designated 135; it was not adopted by a bipartisan roll call vote of 9 

yeas and 23 nays, as follows: 

8 


Insert offset folio 9 here HR992.003

Committee on Natural Resources 

U.S. House of Representatives 

!15th Congress 

Date: 09.26.18 Recorded Vote #:9 

Meeting on I Amendment on: FC Markup Gosar [135] to HR 4644 (Rep. Greg Gianforte) 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, UT, Chairman X Mr. Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo, Guam X Mr. Clay,MO 

Mr. Lamborn, CO Mr. Hice,GA 

Mr. Costa, CA X Mr. Gome=. CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI X Ms. Velazquez, NY 

Mr. McClintock, CA X Mr. Webster, FL 

Ms. Tsongas, MA X Mr. Bergman, Ml 

Mr. Pearce, NM Ms. Cheney, WY 

Mr. Huffman, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonz81ez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Gallego, AZ X 

Mr. Tipton, CO X 

M,. Hanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barrag(m, CA X 

Mr. Denham, CA 

Mr. Soto, n~ X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

9 23 
9 

Congressman Paul A. Gosar (R–AZ) offered an amendment designated 136; it was not adopted by a bipartisan roll call vote of 11 

yeas and 21 nays, as follows: 

10 


Insert offset folio 11 here HR992.004

Committee on Natural Resources 

U.S. House of Representatives 

!15th Con1,,>ress 

Date: 09.26.18 Recorded Vote #:10 

Meeting on I Amendment on: FC Markup Gosar [ 136] to HR 4644 (Rep. Greg Gianforte) 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. Brou'll, MD 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Borda!lo, Guam X Mr. Clay.MO 

Mr. Lamborn, CO Mr. Hice,GA 

Mr. Costa. CA X Mr. Come:::, CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNMI X Ms. Velazquez, NY 

Mr. McClintock, CA X Mr. Webster, FL 

Ms. 1:wngas, MA X Mr. Bergman, MI 

Mr. Pearce, NM Ms. Cheney, WY 

Mr. Huffinan, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianforte, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID 

Mr. Ga!le>;o, AZ X 

Mr. Tipton, CO X 

Ms. Hanabnsa, HI X 

Mr. LaMalfa, CA X 

Ms. Barrazim, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

II 21 
11 

Congressman Paul A. Gosar (R–AZ) offered an amendment designated 137; it fell on a point of order. Congressman Paul A. Gosar 

(R–AZ) offered an amendment designated 139; it fell on a point of 

order. No additional amendments were offered, and the bill was ordered favorably reported to the House of Representatives by a bipartisan roll call of 28 yeas and 4 nays, as follows: 

12 


Insert offset folio 13 here HR992.005

Date: 09.26.18 

Committee on Natural Resources 

U.S. House of Representatives 

115th Congress 

Recorded Vote#: 11 

Meeting on I Amendment on: FC Markup Favorably Report HR 4644 (Rep. Greg Gianforte) 

MEMBERS Yes No Pres MEMBERS 

Mr. Bishop, UT, Chairman X Mr.Cook,CA 

Mr. Grijalva, AZ, Ranking Member X Mr. McEachin, VA 

Mr. Young, AK, Chairman Emeritus Mr. Westerman, AR 

Mrs. Napolitano, CA X Mr. Brown, MD 

Mr. Gohmert, TX, Vice Chairman Mr. Graves, LA 

Ms. Bordallo, Guam X Mr. C/ay,MO 

Mr. Lamborn, CO Mr. Hice,GA 

Mr. Costa, C'A X Mr. Gomez, CA 

Mr. Wittman, VA Mrs. Radewagen, AS 

Mr. Sablan, CNM! X Ms. Ve!ilzquez, NY 

Mr. McClintock, CA X Mr. Webster, FL 

Ms. T.songas, MA X Mr. Bergman, Ml 

Mr. Pearce, NM Ms. Cheney, WY 

Mr. Huffman, CA X Mr. Johnson, LA 

Mr. Thompson, PA X Ms. Gonzalez-Colon, PR 

Mr. Lowenthal, CA X Mr. Gianfortc, MT 

Mr. Gosar, AZ X Mr. Curtis, UT 

Mr. Beyer, VA X 

Mr. Labrador, ID X 

Mr. Galie)!:o, AZ X 

Mr. Tipton, CO X 

M,. Jlanabusa, HI X 

Mr. LaMalfa, CA X 

Ms. Barragan, CA X 

Mr. Denham, CA 

Mr. Soto, FL X TOTAL: 

Yes No Pres 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

28 4 
13 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 19, 2018. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4644, the Yellowstone 

Gateway Protection Act. 

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

to provide them. The CBO staff contact is Janani Shankaran. 

Sincerely, 

MARK P. HADLEY, 

(For Keith Hall, Director). 

Enclosure. 

H.R. 4644—Yellowstone Gateway Protection Act 

H.R. 4644 would withdraw roughly 30,000 acres of land in the 

Custer Gallatin National Forest in Montana from mining laws and 

mineral and geothermal leasing, subject to valid existing rights. 

That is, the bill would not allow new mining or other related activities on those lands, which are adjacent to the northern boundary 

of Yellowstone National Park. 

The Department of the Interior is reviewing a public land order 

to withdraw those lands from location and entry under mining laws 

for a period of 20 years. Through November 22, 2018, no new mining claims will be accepted on those lands. If the department chooses not to implement the order, the lands will be open to new mining claims after that date. Using information from the department, 

CBO estimates that implementing the order will produce no significant change in administrative costs; therefore, implementing the 

bill also would have no significant effect on spending subject to appropriation. 

Because the affected lands currently produce no income from 

mineral or geothermal leasing (and are not expected to do so in the 

future), CBO estimates that enacting the bill would not affect offsetting receipts, which are treated as reductions in direct spending. 

Because enacting H.R. 4644 would not affect direct spending or 

revenues, pay-as-you-go procedures do not apply. 

14 

CBO estimates that enacting H.R. 4644 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

H.R. 4644 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to withdraw certain National Forest System land in 

the Emigrant Crevice area located in the Custer Gallatin National 

Forest, Park County, Montana, from the mining and mineral leasing laws of the United States. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ