[Senate Report 114-194]
[From the U.S. Government Publishing Office]
Calendar No. 339
114th Congress } { Report
SENATE
1st Session } { 114-194
======================================================================
ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2015
_______
December 16, 2015.--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 H.R. 1324]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 1324) to adjust the boundary of the
Arapaho National Forest, Colorado, and for other purposes,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of H.R. 1324 is to adjust the boundary of the
Arapaho National Forest, Colorado.
BACKGROUND AND NEED
Between Rocky Mountain National Park and the Bowen Gulch
Protection Area on the Arapaho National Forest is a 10-lot
subdivision known as the ``Wedge.'' The Rocky Mountain Nature
Association and the Trust for Public Land, in partnership with
the U.S. Forest Service and the National Park Service, have
worked for 20 years to acquire these Wedge lots, which are part
of the Colorado River headwaters and are highly visible from
Trail Ridge Road, the main road that traverses Rocky Mountain
National Park. Currently, the Forest Service owns seven of the
Wedge lots but these parcels do not have national forest status
as the boundary of Arapaho National Forest has never been
adjusted to include the lots within the Arapaho National
Forest.
H.R. 1324 would adjust the boundary of the Arapaho National
Forest in the State of Colorado to incorporate 92.95 additional
acres. Federal land to be included in the new boundary will
become part of the Bowen Gulch Protection Area established
under section 6 of the Colorado Wilderness Act of 1993. Owners
of non-Federal lands within the new boundary who historically
have accessed their lands through lands included in the Arapaho
expansion would have continued right of motorized access to
their lands across an existing roadway.
H.R. 1324 requires the Secretary of Agriculture to obtain
written permission from the private land owners of the lots to
include the lots within the new boundary. The bill also
authorizes the Secretary of Agriculture to acquire non-Federal
lands from willing sellers within the new boundary.
Completion of these acquisitions would ensure the
protection of the view shed of Rocky Mountain National Park and
the resource values of the Bowen Gulch Protection Area within
the Arapaho National Forest. Without financial support from the
Land and Water Conservation Fund (LWCF), the only options
available to the Federal government to acquire the remaining
parcels are through existing administrative authorities, such
as donation or exchange. These administrative authorities,
however, are only available if Congress modifies the boundary
of the Arapaho National Forest to include the Wedge within the
national forest. H.R. 1324 accomplishes this boundary
adjustment.
LEGISLATIVE HISTORY
In the 113th Congress, the House introduced a similar bill
to H.R. 1324, H.R. 4846, on June 11, 2014. The House Natural
Resources Subcommittee on Public Lands and Environmental
Regulation held a hearing on the bill on September 9, 2014, and
the Natural Resources Committee ordered the bill reported as
amended on September 18, 2014. The House of Representatives
passed H.R. 4846 as amended under suspension of the rules on
November 13, 2014.
H.R. 1324 was introduced in the 114th Congress by
Representative Polis on March 4, 2015. On March 25, 2015, the
House Natural Resources Committee ordered H.R. 1324 reported.
The House of Representatives passed H.R. 1324 under suspension
of the rules by a vote of 381-30 on April 28, 2015. The bill
was received by the Senate and referred to the Committee on
Energy and Natural Resources.
On May 12, 2015, Senators Bennet and Gardner introduced a
similar bill, S. 1295. The Subcommittee on Public Lands,
Forest, and Mining held a hearing on both H.R. 1324 and S. 1295
on October 8, 2015.
On November 19, 2015, the Committee on Energy and Natural
Resources met in open business session and on a voice vote
ordered H.R. 1324 favorably reported without amendment.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session on November 19, 2015, by a majority voice
vote of a quorum present, recommends that the Senate pass H.R.
1324.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, ``Arapaho National
Forest Boundary Adjustment Act of 2015.''
Section 2(a) adjusts the boundary of the Arapaho National
Forest to include approximately 92.95 acres. Privately owned
lots may only be included within the boundary adjustment area
if the Secretary obtains written permission for inclusion from
the lot owners. Section 2(b) designates all Federal land within
the boundary adjustment area as part of the Bowen Gulch
Protection Area. Section 2(c) makes the boundary effective as
of January 1, 1965, for purposes of LWCF (authorizing
acquisition of lands within the boundaries of the national
forest). Section 2(d) clarifies that nothing in the Act opens
privately owned land within the boundary adjustment area to
public motorized use. Section 2(e) allows for continued
motorized access for the owners of non-Federal land within the
boundary adjustment area to their private land across certain
access points historically used by the owners.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2015.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1324, the Arapaho
National Forest Boundary Adjustment Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 1324--Arapaho National Forest Boundary Adjustment Act of 2015
H.R. 1324 would modify the boundary of the Arapaho National
Forest in Colorado to include an additional 93 acres of land.
Based on information provided by the Forest Service, CBO
estimates that implementing the legislation would have no
significant effect on the federal budget. We expect that any
additional costs to revise brochures, maps, and signs to
reflect the new boundary would not be significant because such
revisions would take place in conjunction with scheduled
reprinting and routine maintenance.
Because enacting H.R. 1324 would not affect direct spending
or revenues, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2026.
H.R. 1324 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On April 6, 2015, CBO transmitted a cost estimate for H.R.
1324, the Arapaho National Forest Boundary Adjustment Act of
2015, as ordered reported by the House Committee on Natural
Resources on March 25, 2015. The two versions of the
legislation are similar, and the estimated costs are the same.
The CBO staff contact for this estimate is Jeff LaFave.
This estimate was approved 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 H.R. 1324. 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 H.R. 1324, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 1324, 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 U.S. Forest Service at the
October 8, 2015, Subcommittee on Public Lands, Forests, and
Mining hearing on S. 1295, the Senate companion bill to H.R.
1324, follows:
Statement of Glenn Casamassa, Associate Deputy Chief, National Forest
System, U.S. Forest Service, U.S. Department of Agriculture
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to present the views of the U.S. Department of
Agriculture (USDA) regarding S. 1295, S. 1448, S. 1941, and S.
1942.
s. 1295, the ``arapaho national forest boundary adjustment act''
S. 1295 would modify the boundary of the Arapaho National
Forest in the State of Colorado to incorporate approximately
92.95 acres of land currently outside the proclaimed National
Forest boundary. All Federal land within the new boundary would
be included in the Bowen Gulch Protection Area established
under section 6 of the Colorado Wilderness Act of 1993. S. 1295
requires the Secretary to obtain written permission from the
owners of lots to include the lots in the boundary adjustment.
Private land owners have provided letters of support.
The Federal lands within the new boundary would be closed
to motorized use by the public. S. 1295 allows for continued
motorized access over historical routes by owners of non-
Federal land within the new boundary.
The Department supports S. 1295. It would provide National
Forest status for parcels previously purchased. It would also
allow the Forest Service to use its existing land exchange
authorities to acquire additional parcels from willing
landowners within the new boundary. Completion of these
acquisitions would ensure protection of the Rocky Mountain
National Park view-shed and the resource values of the Bowen
Gulch Protection Area. We would also like to work with the
Committee to clarify that motorized use for administrative
purposes within the new boundary area is allowed.
s. 1448, the ``frank moore wild steelhead sanctuary designation act''
The Department supports S. 1448, which establishes the
``Frank Moore Wild Steelhead Sanctuary''. The area proposed for
designation (Steamboat Creek) represents the major spawning
tributary for wild steelhead in the North Umpqua River, and
serves as an important sanctuary for conservation and long term
persistence of this highly valued fisheries resource.
Scientific studies and data indicate this area provides an
important thermal refuge for wild steelhead production in the
basin. Its designation and associated watershed restoration
activities will aid in promoting a resilient landscape for wild
steelhead conservation into the future in the face of changing
climate.
Frank Moore is a legendary fly angler, wild fish
conservationist, and World War II veteran who stormed the
beaches of Normandy, France in 1944 for the D-Day allied
invasion. He survived and together with his wife of 70+ years,
Jeanne, built and were the long-time proprietors of the world-
renowned Steamboat Inn along the North Umpqua River. In 2010,
Frank Moore was inducted into the Fresh Water Fishing Hall of
Fame, and is also featured in the recent, critically acclaimed
documentary ``Mending the Line.''
This designation is a tribute to Frank Moore and his
service to our country in more ways than one. In a TED Talk
last year (TEDxPortland, May 15, 2014), one of the viewers
commented: ``Absolutely amazing . . . I am 19 and my generation
needs role models like this man.''
s. 1941, the ``crags, colorado land exchange act of 2015''
S. 1941 would require a land exchange between the United
States and Broadmoor Hotel, Inc. (BHI). The United States would
convey an 83 acre tract of National Forest System Land and a
non-exclusive perpetual easement for access in exchange for a
320 acre parcel and a permanent trail easement for a section of
the Barr trail owned by BHI. Both exchange parcels are located
within the Pike National Forest.
The Department generally supports S. 1941 but would like to
work with the committee on concerns with the bill. For example,
we would like to help develop language that would ensure the
northern boundary of the land conveyed is located to provide
adequate space for Forest Service road maintenance and
administration.
The National Forest parcel that would be conveyed in the
exchange has long been encumbered with significant resort
improvements managed under special use authorization. In return
for this parcel, the United States would receive an isolated
inholding that the Forest Service has placed a high priority on
acquiring. The inholding has significant recreational values
and provides additional access for the public to the National
Forest.
As a result, the exchange will eliminate potentially
significant development in a sensitive area in exchange for
conveying Federal land where development impacts have already
occurred. In addition, the United States would secure legal
access on a segment of the very popular Barr trail. This trail
provides an important recreational access to the Pike National
Forest.
s. 1942, the ``elkhorn ranch and white river national forest conveyance
act land exchange act of 2015''
S. 1942 would direct the conveyance of a 148 acre parcel of
National Forest System land to the Gordman-Leverich
Partnership. The parcel is located within the White River
National Forest.
While the Administration has serious reservations about the
use of Federal lands to compensate a private landowner,
acknowledging the unusual circumstances in this specific case,
the Department does not oppose S. 1942. The bill would resolve
a long standing title issue associated with the property.
A dependent resurvey, which is a survey dependent upon
prior surveys of record, was completed in 1949, and established
a property monument approximately 2,100 feet from the corner,
relied upon by the original homesteaders. This meant that this
parcel of national forest land had been managed as private
land. 43 U.S.C. 772, enacted in 1909, provided for such
resurveys and guaranteed that the bona fide rights of
landowners would be protected.
Because this land survey discrepancy only came to light
within the past 15 years, and because the parcel has never been
managed as National Forest, protection of the bona fide rights
of the landowners is appropriate. Resolution of this title
issue will end a long-standing title claim in an efficient,
fair manner.
This concludes my remarks. I would be happy to answer any
questions. Thank you for the opportunity to testify.
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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