89–010 

Calendar No. 688 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–402 

YELLOWSTONE GATEWAY PROTECTION ACT 

DECEMBER 4, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 941] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 941) 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, reports favorably thereon without 

amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 941 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

Paradise Valley is a major river valley of the Yellowstone River 

in Southwestern Montana just north of Yellowstone National Park 

in Park County, Montana. The valley is flanked by the Absaroka 

Range on the east and the Gallatin Range on the west. The Yellowstone River flows through the valley and is noted for world class 

fly fishing. The valley also contains several natural hot springs, including Chico Hot Springs near Emigrant, Montana. 

In 2015, Lucky Minerals Inc., a Canadian company, applied for 

permits for exploratory drilling for gold and other minerals on both 

federal and private lands in the Emigrant Gulch area north of 

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Chico Hot Springs. Though it withdrew its federal application, 

Lucky Minerals still has applications pending on private land. Another company, Crevice Mining Group, is proposing to mine on private lands that are surrounded by the Custer Gallatin National 

Forest, within the view of the Roosevelt Arch at Yellowstone National Park’s north entrance. 

Environmental groups and local businesses have raised concerns 

that the exploration could lead to mining development, which they 

assert could harm wildlife, water quality and tourism. In June 

2016, these groups asked the Obama Administration to issue an 

administrative mineral withdrawal of the Federal lands in the Emigrant Gulch area. 

Mining organizations have raised concerns about the withdrawal 

of land known to be highly mineralized. They note that the region 

was removed from the Absaroka Wilderness Area in 1978, at the 

recommendation of the U.S. Bureau of Mines, due to its substantial 

mineral potential. They further highlight the industry’s technological improvements and warn that such land withdrawal will increase the nation’s dependence on foreign sources of critical and 

strategic minerals. 

In November 2016, the U.S. Forest Service filed an application 

with the Bureau of Land Management (BLM) requesting that the 

Secretary of the Interior withdraw, for a 20-year term, approximately 30,370 acres of National Forest System lands in the Paradise Valley and Gardiner Basin from location and entry under the 

United States mining laws, but not from leasing under mineral and 

geothermal laws. According to the Forest Service’s application, the 

purpose of the withdrawal is to protect and preserve the scenic integrity, wildlife corridors, and recreation values of the Emigrant 

Crevice area located in the Custer Gallatin National Forest, Park 

County, Montana. The Federal Register publication temporarily 

segregates the lands for up to two years from location and entry 

under the United States mining laws while the withdrawal application is processed. 

On October 12, 2018, BLM issued a public land order (PLO, 83 

FR 51701) that withdrew the 30,370 acres of Forest Service land 

from location and entry under mining laws for 20 years, subject to 

valid existing laws. The PLO makes clear that the land is still open 

to leasing under mineral and geothermal leasing laws. While the 

segregation does not affect the claims of Lucky Minerals or Crevice, 

an extended or permanent withdrawal from mining could impact 

their claims’ viability. 

Pursuant to current law, the Department of the Interior can 

withdraw these lands for a maximum of 20 years but only Congress 

can legislate a permanent withdrawal. S. 941 permanently withdraws the approximately 30,370 acres of National Forest System 

lands in the Emigrant Crevice area located in the Custer Gallatin 

National Forest, Park County, Montana from mining and mineral 

and geothermal leasing laws. 

LEGISLATIVE HISTORY

S. 941 was introduced by Senator Tester on April 25, 2017. The 

Subcommittee on Public Lands, Forests, and Mining, held a hearing on S. 941 on July 26, 2017. 

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Companion legislation, H.R. 4644, was introduced by Representative Gianforte in the House of Representatives on December 14, 

2017. The Natural Resources Committee’s Subcommittee on 

Energy and Mineral Resources held a hearing on H.R. 4644 on 

June 21, 2018. The Natural Resources Committee ordered the bill 

favorably reported by a vote of 28–4 on September 26, 2018 

(H. Rept. 115–992). 

The Senate Committee on Energy and Natural Resource met in 

open business session on October 2, 2018, and ordered S. 941 favorably reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on October 2, 2018, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 941. 

Senators Risch and Lee asked to be recorded as voting no. 

SECTION-BY-SECTION ANALYSIS

Sec 1. Short title 

Section 1 provides a short title for the bill. 

Sec 2. Withdrawal 

Section 2(a) defines ‘‘map’’ to be the map entitled ‘‘Emigrant 

Crevice Proposed Withdrawal Area,’’ and dated November 10, 2016. 

Subsection (b) withdraws, subject to valid existing rights, 30,370 

acres of Forest System land depicted on the map from location, 

entry, and patent under mining laws, and from disposition under 

mineral and geothermal leasing laws. 

Subsection (c) makes clear that any land acquired by the Federal 

government after the Act’s enactment that is within the boundaries 

of the land depicted on the map, is immediately withdrawn in accordance with this section. 

Subsection (d) requires the Secretary of Agriculture to file the 

map with the Committees of jurisdiction; authorizes the Secretary 

of Agriculture to correct minor errors in the map; and requires the 

Forest Service and BLM to make the map publicly available. 

Subsection (e) makes clear that nothing in this legislation impacts any recreational uses, including hunting and fishing, on the 

withdrawn land as depicted on the map that are authorized under 

applicable laws as of the date of the Act’s enactment. 

COST AND BUDGETARY CONSIDERATIONS

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

S. 941 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 choosVerDate Sep 11 2014 06:47 Dec 06, 2018 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR402.XXX SR402
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es 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 would 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 [Title] would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 941 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2029. 

S. 941 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

On October 19, 2018, CBO transmitted a cost estimate of H.R. 

4644, the Yellowstone Gateway Protection Act, as ordered reported 

by the House Committee on Natural Resources on September 26, 

2018. The two pieces of legislation are similar and CBO’s estimates 

of their budgetary effects are the same. 

The CBO staff contact for this estimate is Janani Shankaran. 

The estimate was reviewed by H. Samuel Papenfuss, 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. 941. 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. 941, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 941, as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of Agriculture at the 

July 26, 2017, hearing on S. 941 follows: 

STATEMENT OF GLENN CASAMASSA, ASSOCIATE DEPUTY

CHIEF, NATIONAL FOREST SYSTEM, U.S. FOREST SERVICE, 

UNITED STATES DEPARTMENT OF AGRICULTURE

S. 941 would withdraw certain National Forest System 

land in the Emigrant Crevice area located in the Custer 

Gallatin National Forest, Montana, from the mining and 

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mineral leasing laws of the United States, subject to valid 

existing rights. 

USDA supports domestic energy and mineral production 

as an important use of the National Forest System. Mining 

and energy development are an important source of jobs 

and can be a driver of local economies, especially in rural 

America. Employing modern technology, mineral and energy resources can be developed in many locations in ways 

that safeguard environmental protections. USDA seeks to 

manage these resources and activities in balance with the 

other natural resources, values, and economic drivers 

found on and around the national forests. 

Toward that balancing effort, on November 22, 2016, the 

Bureau of Land Management (BLM) published a notice in 

the Federal Register announcing that the Forest Service 

had filed an application requesting that the Secretary of 

the Interior withdraw, for a 20-year term and subject to 

valid existing rights, approximately 30,370 acres of National Forest System lands from location and entry under 

the United States mining laws, but not from leasing under 

mineral and geothermal laws. 

Publication of the Federal Register notice temporarily 

segregated the lands for up to two years from location and 

entry under the United States mining laws while the withdrawal application is being processed. The lands have otherwise been and will remain open to such forms of disposition as may be allowed by law on National Forest System 

lands, including leasing under the mineral and geothermal 

leasing laws. This notice also began a 90 day public comment opportunity to provide input on the withdrawal application, and announced a public meeting, which was held 

on January 18, 2017, in Livingston, Montana. Thousands 

of comments were received. These comments were largely, 

though not universally, supportive of proceeding with the 

withdrawal application. On June 17, the Custer Gallatin 

National Forest released a scoping notice, the beginning of 

the formal environmental review process under the National Environmental Policy Act. The proposed action is to 

withdraw these areas from future mineral entry under the 

1872 Mining Law, subject to valid existing rights, for 20 

years. Passage of S. 941 would render this administrative 

withdrawal process moot. 

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 as ordered reported. 

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