[House Report 113-616]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-616
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ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2014
_______
November 12, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4846]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4846) to adjust the boundary of the Arapaho
National Forest, Colorado, 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 ``Arapaho National Forest Boundary
Adjustment Act of 2014''.
SEC. 2. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.
(a) In General.--The boundary of the Arapaho National Forest in the
State of Colorado is adjusted to incorporate the approximately 92.95
acres of land generally depicted as ``The Wedge'' on the map entitled
``Arapaho National Forest Boundary Adjustment'' and dated November 6,
2013, and described as lots three, four, eight, and nine of section 13,
Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A
lot described in this subsection may be included in the boundary
adjustment only after the Secretary of Agriculture obtains written
permission for such action from the lot owner or owners.
(b) Bowen Gulch Protection Area.--The Secretary of Agriculture shall
include all Federal land within the boundary described in subsection
(a) in the Bowen Gulch Protection Area established under section 6 of
the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
(c) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Arapaho National Forest, as modified under
subsection (a), shall be considered to be the boundaries of the Arapaho
National Forest as in existence on January 1, 1965.
(d) Acquisition.--The Secretary of Agriculture is authorized to
acquire only by donation or exchange non-Federal lands within the
boundary described in subsection (a).
(e) Public Motorized Use.--Nothing in this Act opens privately-owned
lands within the boundary described in subsection (a) to public
motorized use.
(f) Access to Non-Federal Lands.--Notwithstanding the provisions of
section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f))
regarding motorized travel, the owners of any non-Federal lands within
the boundary described in subsection (a) who historically have accessed
their lands through lands now or hereafter owned by the United States
within the boundary described in subsection (a) shall have the
continued right of motorized access to their lands across the exiting
roadway.
PURPOSE OF THE BILL
The purpose of H.R. 4846 is to adjust the boundary of the
Arapaho National Forest, Colorado.
BACKGROUND AND NEED FOR LEGISLATION
The Arapaho National Forest Boundary Adjustment Act of 2014
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 (16 U.S.C.
539j).
Owners of non-Federal lands within the expanded 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. The
bill also authorizes the Secretary of Agriculture to acquire
non-Federal lands within the boundary.
During Natural Resources Committee markup, the bill was
amended to require written permission of the landowner before a
parcel of private land can be included within the expanded
boundary. The amendment also requires that any land acquisition
in the added area can be achieved ``only by donation or
exchange,'' and the motorized use provision was clarified to
ensure that the bill does not open privately-owned land to
motorized trespass.
COMMITTEE ACTION
H.R. 4846 was introduced on June 11, 2014, by Congressman
Jared Polis (D-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. On September 9,
2014, the Subcommittee held a hearing on the bill. On September
18, 2014, the Full Natural Resources Committee met to consider
the bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered an amendment designated #1 to the bill;
the amendment was adopted by unanimous consent. The bill, as
amended, was then adopted and 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
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 4846--Arapaho National Forest Boundary Adjustment Act of 2014
H.R. 4846 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. 4846
would not affect direct spending or revenues, pay-as-you-go
procedures do not apply.
H.R. 4846 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.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Forest Service, CBO estimates that
implementing the legislation would have no significant effect
on the federal budget.
3. 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 adjust the boundary of the Arapaho
National Forest, Colorado.
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. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
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
If enacted, this bill would make no changes in existing
law.