[Senate Report 113-58]
[From the U.S. Government Publishing Office]
Calendar No. 112
113th Congress Report
} SENATE {
1st Session 113-58
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CARSON NATIONAL FOREST BOUNDARY ADJUSTMENT
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June 27, 2013.--Ordered to be printed
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Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 312]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 312) to adjust the boundary of the Carson
National Forest, New Mexico, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
PURPOSE
The purpose of S. 312 is to adjust the boundary of the
Carson National Forest in Taos County, New Mexico, to
incorporate the Miranda Canyon property.
BACKGROUND AND NEED
The 4,990-acre Miranda Canyon property--located south of
Taos, New Mexico, and directly adjacent to the Carson National
Forest--ranges in elevation from 7,200 to 10,800 feet. The
property has various vegetative types from low elevation
sagebrush and pinion juniper to high elevation mixed conifer
forest containing large aspen stands. There also are numerous
meadows and riparian areas that provide excellent habitat for
wildlife.
The landscape has numerous ridges and peaks that provide
views of the Rio Grande Gorge to the west and of Wheeler Peak,
the highest peak in New Mexico, to the north. Picuris Peak is
located on the property along a popular hiking route. The
property also contains historical features such as the Old
Spanish Trail, a pack mule trail that served as a link between
land-locked New Mexico and coastal California between 1829 and
1848, when other routes became more popular. Recognizing the
national significance of this historic trade route, Congress
designated it the Old Spanish National Historic Trail in 2002.
Other geological features on the property include a unique
small volcano and 1.7 billion-year-old rock outcrops that rival
the age of rock found at the bottom of the Grand Canyon.
There is substantial local support for protecting the
property through Federal acquisition, and it has been
identified as a top priority for acquisition by the Forest
Service. In its Fiscal Year 2012 Budget Justification, the
Forest Service requested funding to acquire Phase I of the
Miranda Canyon property, and the Fiscal Year 2012 Consolidated
Appropriations Act (P.L. 112-74) allocated funding for this
request. Funding for Phase II has been requested in the Forest
Service's Fiscal Year 2013 Budget Justification. The
incorporation of the Miranda Canyon property into the boundary
of the Carson National Forest would allow the Forest Service to
complete this land acquisition using discretionary funding
through the Land and Water Conservation Fund in order to
protect the property's scenic and historical features and open
the area to the public for recreational use.
LEGISLATIVE HISTORY
S. 312 was introduced by Senators Udall of New Mexico and
Martin Heinrich on February 13, 2013. The Subcommittee on
Public Lands, Forests, and Mining held a hearing on S. 312 on
April 25, 2013. At its business meeting on May 16, 2013, the
Committee reported the bill favorably without amendment.
In the 112th Congress, similar legislation, S. 1687 was
introduced by Senators Bingaman and Udall. The Subcommittee on
Public Lands and Forests held a hearing on S. 1687 on March 22,
2012 (S. Hrg. 112-642). A similar version, S. 3822, was
introduced by Senator Bingaman in the 111th Congress and a
hearing was held on September 29, 2010 (S. Hrg. 111-721).
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on May 16, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 312.
Senators Murkowski, Barrasso, Risch, Lee, Heller, Flake, Scott,
Alexander, Portman, and Hoeven requested to be recorded as
voting no.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title, the ``Carson National
Forest Boundary Adjustment Act of 2013''.
Section 2(a) adjusts the boundary of the Carson National
Forest in Taos County, New Mexico by incorporating the
approximately 4,990-acre parcel known as Miranda Canyon.
Subsection (b) states that for purposes of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the
boundary of the Carson National Forest, as modified by this
Act, will be considered the existing boundary of the forest on
January 1, 1965.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 312--Carson National Forest Boundary Adjustment Act of 2013
S. 312 would modify the boundary of the Carson National
Forest to include 5,000 acres of private land. Based on
information provided by the Forest Service, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. We expect that any 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.
Enacting S. 312 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 312 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave.
This 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. 312.
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. 312, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 312, as 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 Forest Service at the April 25,
2013, Subcommittee on Public Lands, Forests, and Mining hearing
on S. 312 follows:
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 312, the Carson National Forest Boundary
Adjustment Act of 2013.
S. 312 would modify the boundaries of the Carson National
Forest in the State of New Mexico to include approximately
5,000 acres of private land known as ``Miranda Canyon'' that is
adjacent to the existing National Forest boundary. The
Department supports the adjustment of the boundary because it
will create an opportunity for the acquisition of Miranda
Canyon property as part of the Carson National Forest.
The Trust for Public Land currently owns most of the
Miranda Canyon Property and will purchase the rest from Weimer
Properties by the end of the year. It is located approximately
four miles south of Taos, New Mexico. Weimer Properties spent
several years proposing to develop a subdivision and seeking to
acquire approval from the Taos County Board of Commissioners.
Approval of the subdivision was not granted and the Taos County
Commissioners requested the New Mexico Congressional delegation
consider placing this land under the stewardship of the U.S.
Forest Service.
The Miranda Canyon Property is an expansive piece of
property that ranges in elevation from 7,200 ft. to 10,800 ft.
The property has various vegetative types from low elevation
sagebrush and pinion--juniper to high elevation mixed conifer
forest including large aspen clones. The landscape has numerous
ridges and peaks that provide breathtaking views of the Rio
Grande Gorge to the west and of Wheeler Peak (highest peak in
New Mexico) to the north. The property contains historical
features such as the Camino Real Trail and unique geologic
features such as a small volcano and Miranda granite--1.7
billion year old rock outcrops that rival the age of rock found
at the bottom of the Grand Canyon. There are also numerous
meadows and riparian vegetation that provide excellent habitat
for wildlife.
The proposed boundary adjustment has wide grass roots
support from the local residents, the Taos County Board of
Commissioners, the Village of Taos, and local Native American
Tribes and Pueblos. To date, there has been no opposition
voiced to adjusting the boundary of the Carson National Forest.
The adjustment of the Forest boundary would open the door to
the potential federal acquisition of Miranda Canyon from a
willing seller. The cost of acquiring the Miranda Canyon
property would be approximately $10,500,000, subject to the
availability of appropriations. The properties are in the
process of a conservation sale to the United States through an
agreement with the Trust for Public Lands, a 3rd party non-
profit organization. This agreement keeps the property from
being developed or sold on the open market until funding is
appropriated. The acquisition would provide additional
recreation opportunities for hunting, sightseeing, camping,
hiking, interpretation, and horseback riding for the public.
Thank you for the opportunity to testify is support of S.
312. The Department supports the acquisition of the Miranda
Canyon property because it would make an outstanding addition
to the National Forest System.
This concludes my testimony and I would be happy to answer
any questions that 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 S. 312, as ordered
reported.