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[House Report 115-989]
[From the U.S. Government Publishing Office]

115th Congress   }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {       115-989

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                  FLATSIDE WILDERNESS ENHANCEMENT 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. 5636]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5636) to designate additions to the Flatside 
Wilderness on the Ouachita National Forest, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Flatside Wilderness Enhancement Act''.

SEC. 2. ADDITIONS TO FLATSIDE WILDERNESS.

  Section 3(d) of Arkansas Wilderness Act of 1984 (Public Law 98-508; 
98 Stat. 2349) is amended by inserting ``and certain land in the 
Ouachita National Forest, which comprise approximately 640 acres, as 
generally depicted as `Recommended Wilderness Area' on the map titled 
`Flatside Wilderness, Recommended Wilderness Area', dated September 6, 
2018'' after ``1984''.

SEC. 3. DESIGNATION OF WILDERNESS ADDITION.

  The wilderness addition created under section 2 shall be known as the 
Bethune Woods-Flatside Wilderness. Any reference in a law, map, 
regulation, document, paper, or other record of the United States to 
such portion of the Flatside Wilderness shall be deemed to be a 
reference to the Bethune Woods-Flatside Wilderness.

                          Purpose of the Bill

    The purpose of H.R. 5636 is to designate additions to the 
Flatside Wilderness on the Ouachita National Forest.

                  Background and Need for Legislation

    The Flatside Wilderness was designated by Congress and 
added to the National Wilderness Preservation System (NWPS) in 
1984 with the passage of the Arkansas Wilderness Act.\1\ The 
Wilderness is comprised of approximately 9,500 acres of U.S. 
Forest Service land in Arkansas' Ouachita National Forest.\2\ 
The area features small creeks, panoramic views, rugged 
terrain, and a section of the Ouachita National Recreation 
Trail.\3\
---------------------------------------------------------------------------
    \1\Public Law 98-508.
    \2\Wilderness Areas: Ouachita National Forest. U.S. Forest Service. 
Sept. 2008. https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/
stelprdb5085891.pdf
    \3\Ibid.
---------------------------------------------------------------------------
    In 2005 the U.S. Forest Service recommended approximately 
640 acres of U.S. Forest Service land adjacent to the Flatside 
Wilderness be added to the NWPS as a part of the Flatside 
Wilderness. In its recommendation, the Forest Service found 
that ``adding these lands to NWPS would establish more logical 
and manageable boundaries for these areas.''\4\
---------------------------------------------------------------------------
    \4\Revised Land and Resource Management Plan; Ouachita National 
Forest. U.S. Department of Agriculture, Forest Service Southern Region. 
September 2005. https://www.fs.usda.gov/Internet/FSE_DOCUMENTS/
fsm9_039609.pdf
---------------------------------------------------------------------------
    H.R. 5636 would add a tract of approximately 640 acres of 
studied and recommended wilderness to the Flatside Wilderness 
in Arkansas' Ouachita National Forest. The tract would be named 
the Bethune Woods-Flatside Wilderness, in honor of retired 
Congressman Ed Bethune.
    The 640 acres of recommended wilderness has undergone a 
full National Environmental Policy Act of 1969\5\ analysis as a 
part of the U.S. Forest Service's forest planning process, 
including public comment. H.R. 5636 is supported by the 
Department of Arkansas Heritage, the Arkansas Department of 
Parks and Tourism, the Arkansas State Parks, Recreation and 
Travel Commission, the Arkansas Game and Fish Commission, Perry 
County, Arkansas, the Perry County Chamber of Commerce, and 
several other local, State and national organizations.
---------------------------------------------------------------------------
    \5\42 U.S.C. 4321 et seq.
---------------------------------------------------------------------------

                            Committee Action

    H.R. 5636 was introduced on April 26, 2018, by Congressman 
J. French Hill (R-AR). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On September 26, 2018, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Bruce Westerman (R-AR) offered an amendment designated #1; it 
was adopted by unanimous consent. No additional amendments were 
offered, and the bill, as amended, was ordered favorably 
reported to the House of Representatives by unanimous consent.

            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 17, 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. 5636, the Flatside 
Wilderness Enhancement 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. 5636--Flatside Wilderness Enhancement Act

    H.R. 5636 would add 640 acres in the Ouachita National 
Forest in Arkansas to the National Wilderness Preservation 
System as part of the Flatside Wilderness. CBO estimates that 
enacting the bill would have no significant effect on the 
federal budget.
    The affected lands are already protected for conservation 
and wilderness values; therefore, CBO estimates that 
implementing H.R. 5636 would have no significant effect on the 
cost of administering the area. CBO expects that any revisions 
to federal maps and other materials would be made in 
conjunction with scheduled reprinting and other routine work. 
Finally, because the affected lands currently produce no income 
from mineral leasing, timber production, or other activities 
(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. 5636 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 5636 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 5636 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 designate additions to the 
Flatside Wilderness on the Ouachita National Forest.

                           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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

            SECTION 3 OF THE ARKANSAS WILDERNESS ACT OF 1984

  Sec. 3. In furtherance of the purposes of the Wilderness Act, 
the following lands in the state of Arkansas are hereby 
designated as wilderness and, therefore, as components of the 
National Wilderness Preservation System:
  (a) Certain lands in the Ouachita National Forest, Arkansas, 
which comprise approximately seven thousand five hundred and 
sixty-eight acres, as generally depicted on a map entitled 
``Black Fork Mountain Wilderness-Proposed'', dated September 
1984, and which shall be known as the Black Fork Mountain 
Wilderness;
  (b) certain lands in the Ouachita National Forest, Arkansas, 
which comprise approximately six thousand three hundred and ten 
acres, as generally depicted on a map entitled ``Dry Creek 
Wilderness-Proposed'', dated September 1984, and which shall be 
known as the Dry Creek Wilderness;
  (c) certain lands in the Ouachita National Forest, Arkansas, 
which comprise approximately ten thousand eight hundred and 
eighty-four acres, as generally depicted on a map entitled 
``Poteau Mountain Wilderness-Proposed'', dated September 1984, 
and which shall be known as the Poteau Mountain Wilderness;
  (d) certain lands in the Ouachita National Forest, Arkansas, 
which comprise approximately ten thousand one hundred and five 
acres, as generally depicted on a map entitled ``Flatside 
Wilderness-Proposed'', dated September 1984 and certain land in 
the Ouachita National Forest, which comprise approximately 640 
acres, as generally depicted as ``Recommended Wilderness Area'' 
on the map titled ``Flatside Wilderness, Recommended Wilderness 
Area'', dated September 6, 2018, and which shall be known as 
the Flatside Wilderness;
  (e) certain lands in the Ozark-Saint Francis National Forest 
which comprise approximately one thousand five hundred and four 
acres, as generally depicted on a map entitled ``Upper Buffalo 
Addition-Proposed'', dated November 1983, and which are hereby 
incorporated in and shall be deemed to be a part of the Upper 
Buffalo Wilderness as designated by Public Law 93-622;
  (f) certain lands in the Ozark-Saint Francis National Forest 
which comprise approximately fifteen thousand one hundred and 
seventy-seven acres, as generally depicted on a map entitled 
``Hurricane Creek Wilderness-Proposed'', dated November 1983, 
and which shall be known as the Hurricane Creek Wilderness;
  (g) certain lands in the Ozark-Saint Francis National Forest, 
Arkansas, which comprise approximately eleven thousand eight 
hundred and twenty-two acres, as generally depicted on a map 
entitled ``Richland Creek Wilderness-Proposed'', dated November 
1983, and which shall be known as the Richland Creek 
Wilderness;
  (h) certain lands in the Ozark-saint Francis national forest, 
Arkansas, which comprise approximately ten thousand seven 
hundred and seventy-seven acres, as generally depicted on a map 
entitled ``East Fork Wilderness-Proposed'', dated September 
1984, and which shall be known as the East Fork Wilderness; and
  (i) certain lands in the Ozark-Saint Francis National Forest, 
Arkansas, which comprise approximately sixteen thousand nine 
hundred and fifty-six acres, as generally depicted on a map 
entitled ``Leatherwood Wilderness-Proposed'', dated November 
1983, and which shall be known as the Leatherwood Wilderness.

                                  [all]
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