[Senate Report 113-291]
[From the U.S. Government Publishing Office]
Calendar No. 631
113th Congress Report
SENATE
2d Session 113-291
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COLUMBINE-HONDO WILDERNESS ACT
_______
December 10, 2014.--Ordered to be printed
_______
Ms. Landrieu, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 776]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 776) to establish the Columbine-Hondo
Wilderness in the State of New Mexico, to provide for the
conveyance of certain parcels of National Forest System land in
the State, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Columbine-Hondo
Wilderness Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of the Columbine-Hondo Wilderness.
Sec. 102. Wheeler Peak Wilderness boundary modification.
TITLE II--LAND CONVEYANCES AND SALES
Sec. 201. Town of Red River land conveyance.
Sec. 202. Village of Taos Ski Valley land conveyance.
Sec. 203. Authorization of sale of certain National Forest System land.
SEC. 2. DEFINITIONS.
In this Act:
(1) Red river conveyance map.--The term ``Red River
Conveyance Map'' means the map entitled ``Town of Red River
Town Site Act Proposal'' and dated April 19, 2012.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(3) State.--The term ``State'' means the State of New Mexico.
(4) Town.--The term ``Town'' means the town of Red River, New
Mexico.
(5) Village.--The term ``Village'' means the village of Taos
Ski Valley, New Mexico.
(6) Wilderness.--The term ``Wilderness'' means the Columbine-
Hondo Wilderness designated by section 101(a).
(7) Wilderness map.--The term ``Wilderness Map'' means the
map entitled ``Columbine-Hondo, Wheeler Peak Wilderness'' and
dated April 25, 2012.
TITLE I--ADDITION TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF THE COLUMBINE-HONDO WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the approximately 45,000 acres of land in the Carson
National Forest in the State, as generally depicted on the Wilderness
Map, is designated as wilderness and as a component of the National
Wilderness Preservation System, which shall be known as the
``Columbine-Hondo Wilderness''.
(b) Management.--
(1) In general.--Subject to valid existing rights, the
Wilderness shall be administered by the Secretary in accordance
with this Act and the Wilderness Act (16 U.S.C. 1131 et seq.),
except that any reference in that Act to the effective date of
that Act shall be considered to be a reference to the date of
enactment of this Act.
(2) Adjacent management.--
(A) In general.--Congress does not intend for the
designation of the Wilderness to create a protective
perimeter or buffer zone around the Wilderness.
(B) Nonwilderness activities.--The fact that
nonwilderness activities or uses can be seen or heard
from areas within the Wilderness shall not preclude the
conduct of the activities or uses outside the boundary
of the Wilderness.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land that is within the boundary of the Wilderness that
is acquired by the United States shall--
(1) become part of the Wilderness; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this section; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall be allowed
to continue in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in the report of the Committee
on Interior and Insular Affairs of the House of Representatives
accompanying H.R. 5487 of the 96th Congress (H. Rept. 96-617).
(e) Columbine-Hondo Wilderness Study Area.--
(1) Finding.--Congress finds that, for purposes of section
103(a)(2) of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat.
3223), any Federal land in the Columbine-Hondo Wilderness Study
Area administered by the Forest Service that is not designated
as wilderness by subsection (a) has been adequately reviewed
for wilderness designation.
(2) Applicability.--The Federal land described in paragraph
(1) is no longer subject to subsections (a)(2) and (b) of
section 103 of Public Law 96-550 (16 U.S.C. 1132 note; 94 Stat.
3223).
(f) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the Wilderness.
(2) Force of law.--The maps and legal descriptions prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
prepared under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(g) Fish and Wildlife.--
(1) In general.--Nothing in this section affects the
jurisdiction of the State with respect to fish and wildlife
located on public land in the State, except that the Secretary
may designate areas in which, and establish periods during
which, for reasons of public safety, administration, or
compliance with applicable laws, no hunting, fishing, or
trapping will be permitted in the Wilderness.
(2) Consultation.--Except in emergencies, the Secretary shall
consult with the appropriate State agency and notify the public
before taking any action under paragraph (1).
(h) Withdrawals.--Subject to valid existing rights, the Federal land
described in subsections (a) and (e)(1) and any land or interest in
land that is acquired by the United States in the Wilderness after the
date of enactment of this Act is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
SEC. 102. WHEELER PEAK WILDERNESS BOUNDARY MODIFICATION.
(a) In General.--The boundary of the Wheeler Peak Wilderness in the
State is modified as generally depicted in the Wilderness Map.
(b) Withdrawal.--Subject to valid existing rights, any Federal land
added to or excluded from the boundary of the Wheeler Peak Wilderness
under subsection (a) is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials, and
geothermal leasing laws.
TITLE II--LAND CONVEYANCES AND SALES
SEC. 201. TOWN OF RED RIVER LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section, the
Secretary shall convey to the Town, without consideration and by
quitclaim deed, all right, title, and interest of the United States in
and to the one or more parcels of Federal land described in subsection
(b) for which the Town submits a request to the Secretary by the date
that is not later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcels of Federal land referred to in
subsection (a) are the parcels of National Forest System land
(including any improvements to the land) in Taos County, New Mexico,
that are identified as ``Parcel 1'', ``Parcel 2'', ``Parcel 3'', and
``Parcel 4'' on the Red River Conveyance Map.
(c) Conditions.--The conveyance under subsection (a) shall be subject
to--
(1) valid existing rights;
(2) public rights-of-way through ``Parcel 1'', ``Parcel 3'',
and ``Parcel 4'';
(3) an administrative right-of-way through ``Parcel 2''
reserved to the United States; and
(4) such additional terms and conditions as the Secretary may
require.
(d) Use of Land.--As a condition of the conveyance under subsection
(a), the Town shall use--
(1) ``Parcel 1'' for a wastewater treatment plant;
(2) ``Parcel 2'' for a cemetery;
(3) ``Parcel 3'' for a public park; and
(4) ``Parcel 4'' for a public road.
(e) Reversion.--In the quitclaim deed to the Town under subsection
(a), the Secretary shall provide that any parcel of Federal land
conveyed to the Town under subsection (a) shall revert to the
Secretary, at the election of the Secretary, if the parcel of Federal
land is used for a purpose other than the purpose for which the parcel
was conveyed, as required under subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The Town shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 202. VILLAGE OF TAOS SKI VALLEY LAND CONVEYANCE.
(a) In General.--Subject to the provisions of this section, the
Secretary shall convey to the Village, without consideration and by
quitclaim deed, all right, title, and interest of the United States in
and to the parcel of Federal land described in subsection (b) for which
the Village submits a request to the Secretary by the date that is not
later than 1 year after the date of enactment of this Act.
(b) Description of Land.--The parcel of Federal land referred to in
subsection (a) is the parcel comprising approximately 4.6 acres of
National Forest System land (including any improvements to the land) in
Taos County generally depicted as ``Parcel 1'' on the map entitled
``Village of Taos Ski Valley Town Site Act Proposal'' and dated April
19, 2012.
(c) Conditions.--The conveyance under subsection (a) shall be subject
to--
(1) valid existing rights;
(2) an administrative right-of-way through the parcel of
Federal land described in subsection (b) reserved to the United
States; and
(3) such additional terms and conditions as the Secretary may
require.
(d) Use of Land.--As a condition of the conveyance under subsection
(a), the Village shall use the parcel of Federal land described in
subsection (b) for a wastewater treatment plant.
(e) Reversion.--In the quitclaim deed to the Village, the Secretary
shall provide that the parcel of Federal land conveyed to the Village
under subsection (a) shall revert to the Secretary, at the election of
the Secretary, if the parcel of Federal land is used for a purpose
other than the purpose for which the parcel was conveyed, as described
in subsection (d).
(f) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The Village shall pay the reasonable survey and
other administrative costs associated with the conveyance.
SEC. 203. AUTHORIZATION OF SALE OF CERTAIN NATIONAL FOREST SYSTEM LAND.
(a) In General.--Subject to the provisions of this section and in
exchange for consideration in an amount that is equal to the fair
market value of the applicable parcel of National Forest System land,
the Secretary may convey--
(1) to the holder of the permit numbered ``QUE302101'' for
use of the parcel, the parcel of National Forest System land
comprising approximately 0.2 acres that is generally depicted
as ``Parcel 5'' on the Red River Conveyance Map; and
(2) to the owner of the private property adjacent to the
parcel, the parcel of National Forest System land comprising
approximately 0.1 acres that is generally depicted as ``Parcel
6'' on the Red River Conveyance Map.
(b) Disposition of Proceeds.--Any amounts received by the Secretary
as consideration for a conveyance under subsection (a) shall be--
(1) deposited in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and
(2) available to the Secretary, without further appropriation
and until expended, for the acquisition of land or interests in
land in Region 3 of the Forest Service.
(c) Conditions.--The conveyance under subsection (a) shall be subject
to--
(1) valid existing rights; and
(2) such additional terms and conditions as the Secretary may
require.
(d) Survey; Administrative Costs.--
(1) Survey.--The exact acreage and legal description of the
National Forest System land conveyed under subsection (a) shall
be determined by a survey approved by the Secretary.
(2) Costs.--The reasonable survey and other administrative
costs associated with the conveyance shall be paid by the
holder of the permit or the owner of the private property, as
applicable.
PURPOSE
The purpose of S. 776 is to establish the approximately
45,000-acre Columbine-Hondo Wilderness, modify the boundary of
the Wheeler Peak Wilderness, and to convey certain National
Forest System land to the Town of Red River and Village of Taos
Ski Valley in New Mexico.
BACKGROUND AND NEED
The lush forests and alpine meadows of the Columbine-Hondo
are home to abundant Rocky Mountain wildlife, such as mule
deer, elk, black bear, and mountain lion. Above the tree line,
New Mexico's prized herd of bighorn sheep, along with marmots
and pica, can be seen in a fragile alpine tundra habitat. The
Columbine-Hondo contains the headwaters of the Rio Hondo and
Red River, both major tributaries of the upper Rio Grande in
northern New Mexico. The pristine creeks and streams of the
Columbine-Hondo provide surface water for the downstream
agricultural communities of Valdez, Arroyo Hondo, Arroyo Seco,
San Cristobal, and Questa.
The Columbine-Hondo region of the Sangre de Cristo
Mountains contains ponderosa pine and mixed conifer forests,
alpine meadows, and some of the highest peaks in the State,
including Gold Hill, which rises to an elevation of 12,711
feet.
The permanent protection of this area will ensure quality
habitat for hunters and anglers, the protection of the primary
watershed for numerous nearby communities and downstream water
users, and the preservation of historic ways of life for
northern New Mexicans. Nearby communities are also interested
in attracting additional tourism to recreate in this wilderness
area.
LEGISLATIVE HISTORY
Senator Udall of New Mexico introduced S. 776 on April 22,
2013. Senator Heinrich is a cosponsor of the bill.
On November 20, 2013, the Subcommittee on Public Lands,
Forests, and Mining of the Committee on Energy and Natural
Resources held a legislative hearing on S. 776 (S. Hrg. 113-
342). The Committee adopted an amendment in the nature of a
substitute to S. 776 and ordered S. 776, as amended, favorably
reported on November 13, 2014.
A similar bill, S. 2468, was introduced by Senators
Bingaman and Udall of New Mexico in the 112th Congress on April
26, 2012.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on November 13, 2014, by a voice vote of
a quorum present, recommends that the Senate pass S. 776, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of S. 776, the Committee adopted
an amendment in the nature of a substitute containing technical
changes to the bill.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title ``Columbine-Hondo
Wilderness Act.''
Section 2 defines key terms used in the Act.
Section 101 designates 45,000 acres of land in the Carson
National Forest in New Mexico as wilderness.
Section 102 modifies the boundary of the Wheeler Park
Wilderness by adding 650 acres.
Section 103 authorizes such sums as are necessary to carry
out title I of the Act.
Section 201 requires the Secretary to convey, without
consideration, several parcels of land to the Town of Red
River. The Town will use the parcels for public purposes
including for a wastewater treatment plant, a cemetery, a
public park, and a public road.
Section 202 requires the Secretary to convey, without
consideration, a parcel of land totaling 4.6 acres to the
Village of Taos Ski Valley. The Village will use the parcel for
a public purpose as a wastewater treatment plant.
Section 203 authorizes the Secretary to convey to, at fair
market value, two parcels of land to private property owners to
correct a trespass on National Forest System land that was
discovered during an updated survey.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 776--Columbine-Hondo Wilderness Act
S. 776 would designate about 32,000 acres of federal land
in New Mexico as components of the National Wilderness
Preservation System. The bill also would require the Forest
Service to convey, without consideration, four parcels of land
totaling 43 acres to two municipalities in New Mexico. Finally,
the bill would authorize the agency to sell two parcels of
federal land totaling less than half an acre to two private
entities.
Based on information regarding the cost of similar
activities and assuming appropriation of the necessary amounts,
CBO estimates that establishing the new wilderness area and
carrying out the land transactions required under the bill
would cost less than $500,000. Because the bill would authorize
the Forest Service to retain and spend any proceeds from the
sale of the affected lands, we estimate that enacting the bill
would increase offsetting receipts and associated direct
spending; therefore, pay-as-you-go procedures apply. However,
we estimate that the total net proceeds from the authorized
land sales would be minimal. Enacting S. 776 would not affect
revenues.
The bill would authorize the Forest Service to sell 0.2
acres to a church and 0.1 acres to a private landowner in the
town of Red River, New Mexico. Based on the value of similar
lands in the area, CBO estimates that the proceeds from those
sales would total less than $100,000. Because the agency would
be able to retain and spend those amounts under the bill, CBO
estimates that enacting those provisions would have no
significant net impact on direct spending over the 2015-2024
period. In addition, because none of the lands that would be
designated as wilderness or conveyed to the municipalities
currently produce any income and are not expected to do so in
the future, we estimate that enacting those provisions would
not affect direct spending.
S. 776 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would benefit the town of Red River and the village of Taos Ski
Valley in New Mexico. Any costs to those entities resulting
from the land conveyances would be incurred voluntarily.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, 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. 776.
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. 776, as ordered reported.
EXECUTIVE COMMUNICATIONS
The testimony of the Deputy Chief of the Forest Service at
the November 20, 2013 hearing before the Subcommittee on Public
Lands, Forests and Mining on S. 776 follows.
Statement of Leslie Weldon, Deputy Chief, National Forest System, U.S.
Forest Service, Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to provide the
Department of Agriculture's (USDA) views on S. 776, a bill to
establish the Columbine-Hondo Wilderness in the State of New
Mexico, to provide for the conveyance of certain parcels of
National Forest System land in the State, and for other
purposes.
USDA supports S. 776, if amended to make the provisions
related to the conveyances of National Forest System lands
consistent with the department's testimony.
S. 776 would designate the 45,000 acre Columbine-Hondo
Wilderness Study Area as part of the National Wilderness
Preservation System. The bill would also make a boundary
adjustment to the Wheeler Peak Wilderness Area. In addition,
the bill would direct the conveyance of parcels of National
Forest System land to the town of Red River and the village of
Taos Ski Valley without consideration. These parcels contain
sewage treatment plants, recreational facilities and private
buildings that are authorized under special use permits. The
bill also would authorize the conveyance of two parcels to
private parties, totaling approximately 0.3 acres of National
Forest System lands, for fair market value.
section 101--designation of the columbine-hondo wilderness
The Department supports the addition of the Columbine-Hondo
Wilderness Study Area on the Carson National Forest as part of
the National Wilderness Preservation System. The 45,000 acre
Columbine-Hondo area is located in the Carson National Forest
and was designated as a Wilderness Study Area in 1980 and was
recommended for Wilderness designation in the Forest Plan in
1986. This alpine area is part of the southern end of the
Sangre de Christo Mountain Range and truly has outstandingly
remarkable features including Gold Hill and Lobo Peak both
rising above tree line over 12,000 feet. It is a scenic
backdrop for skiers at Taos Ski Valley as well as the
communities in Taos County. It is an area popular with summer
hikers and fishermen because of its stunning views, steep
canyons, clear cold streams and accessible trail system.
In the intervening years since the Forest Plan
recommendation, two of the steeper trails within the proposed
Wilderness Area have been used by highly skilled mountain
bikers. Upon designation, these trails would no longer be
available for mountain bike use.
section 102--wheeler peak wilderness boundary modification
In order to address the loss of mountain biking
opportunities with the creation of the Columbine-Hondo
Wilderness, mountain bike and wilderness interests have
proposed adjusting the Wheeler Peak Wilderness boundary to
allow for mountain bike use. The modification also adds acreage
to the Wheeler Peak Wilderness for a net addition of 650 acres.
While the Department applauds the collaborative efforts between
interest groups, we would like to work with the Committee to
explore other options to address mountain biking opportunities
as this proposal may present unforeseen management challenges.
section 201--town of red river land conveyance and section 202--village
of taos ski valley land conveyance
While the Department understands the interests of local
communities in acquiring parcels which are considered vital to
community infrastructure and development, the Department has
concerns with the proposed conveyance of these parcels without
consideration. As a matter of general precedent, the Department
supports conveyances only where the Federal Government receives
appropriate consideration. The Town of Red River and the
Village of Taos Ski Valley plan to develop permanent
infrastructure on the parcels proposed for conveyance. The
Department recommends conveying the parcels for community
purposes for market value and that the proceeds be deposited
into the Sisk Act fund. Additionally, the legislation would
provide for the reversion of the property to the United States,
at the election of the Secretary, if the conditions under
Sections 201(d) and 202(d) are violated. We would like to work
with the Committee to address concerns with the reversionary
language.
section 203--authorization of sale of certain national forest system
land
The Department supports the conveyance of NFS parcels for
market value and the proceeds being deposited in a Sisk Act
fund. The parcels to be conveyed to the private parties are
each less than one acre in size.
This concludes my statement and I would be happy to answer
any questions you may have.
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. 776, as ordered
reported.