[House Report 104-766]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-766
_______________________________________________________________________


 
 BOUNDARY ADJUSTMENT: RAGGEDS WILDERNESS, WHITE RIVER NATIONAL FOREST, 
                                COLORADO
                                _______
                                

 September 4, 1996.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2438]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2438) to provide for the conveyance of lands to certain 
individuals in Gunnison County, 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 out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. BOUNDARY ADJUSTMENT AND LAND CONVEYANCE, RAGGEDS WILDERNESS, 
                    WHITE RIVER NATIONAL FOREST, COLORADO.

  (a) Findings.--The Congress finds the following:
          (1) Certain landowners in Gunnison County, Colorado, who own 
        real property adjacent to the portion of the Raggeds Wilderness 
        in the White River National Forest, Colorado, have occupied or 
        improved their property in good faith and in reliance on 
        erroneous surveys of their properties that the landowners 
        reasonably believed were accurate.
          (2) In 1993, a Forest Service resurvey of the Raggeds 
        Wilderness established accurate boundaries between the 
        wilderness area and adjacent private lands.
          (3) The resurvey indicated that a small portion of the 
        Raggeds Wilderness is occupied by adjacent landowners on the 
        basis of the earlier erroneous land surveys.
  (b) Purpose.--It is the purpose of this section to remove from the 
boundaries of the Raggeds Wilderness certain real property so as to 
permit the Secretary of Agriculture to use the authority of Public Law 
97-465 (commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to 
convey the property to the landowners who occupied the property on the 
basis of erroneous land surveys.
  (c) Boundary Adjustment.--The boundary of the Raggeds Wilderness, 
Gunnison and White River National Forests, Colorado, as designated by 
section 102(a)(16) of Public Law 96-560 (16 U.S.C. 1132 note), is 
hereby modified to exclude from the area encompassed by the wilderness 
a parcel of real property approximately 0.86-acres in size situated in 
the SW\1/4\ of the NE\1/4\ of Section 28, Township 11 South, Range 88 
West of the 6th Principal Meridian, as depicted on the map entitled 
``Encroachment-Raggeds Wilderness'', dated November 17, 1993. Such map 
shall be on file and available for inspection in the appropriate 
offices of the United States Forest Service, Department of Agriculture.
  (d) Conveyance of Land Removed From Wilderness Area.--The Secretary 
of Agriculture shall use the authority provided by Public Law 97-465 
(commonly known as the Small Tracts Act; 16 U.S.C. 521c-521i) to convey 
all right, title, and interest of the United States in and to the real 
property excluded from the boundaries of the Raggeds Wilderness under 
subsection (c) to those owners of real property in Gunnison County, 
Colorado, whose real property adjoins the excluded lands and who have 
occupied the excluded lands in good faith reliance on an erroneous 
survey.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2438 is to provide for the conveyance 
of lands to certain individuals in Gunnison County, Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1993, following a new boundary survey, the White River 
National Forest discovered an encroachment into the Raggeds 
Wilderness Area, just west of the Town of Marble, Colorado. The 
encroachment consists of approximately 400 feet of power line 
and 450 feet of road. In addition, portions of four subdivision 
lots extend into the wilderness. The road is a county road and 
provides the sole legal access to the four lots. The entire 
encroachment is less than 1 acre of land.
    Portions of Section 28, Township 11 South, Range 88 West, 
6th P.M. became private land through the homesteading process 
in the late 1800s. In 1959, the area was surveyed and 
subdivided as the Crystal Meadows Subdivision, lots were sold, 
roads constructed, and utilities installed. Landowners in the 
area have used the roads and built homes since 1959. In 1982, 
Public Law 96-560 created the Raggeds Wilderness. In 1988, the 
Bureau of Land Management surveyed Section 28 at the request of 
the White River National Forest. In 1993, the Forest Service 
posted and marked the Federal boundary and discovered the 
encroachment in an area where the private/Federal property line 
is coincident with the boundary of the Raggeds Wilderness.
    The Bureau of Land Management/Forest Service survey found 
that the original 1959 survey of the Crystal Meadows 
Subdivision was done in error. Although only one acre is 
affected, the Forest Service cannot settle the matter under 
authority of the Small Tracts Act because the lands in question 
are within the Raggeds Wilderness. The wilderness boundary may 
only be modified by an Act of Congress. H.R. 2438 provides the 
necessary authority, following the guidelines established by 
the Small Tracts Act. H.R. 2438 as introduced would adjust the 
wilderness boundary and, notwithstanding any other provision of 
law, convey the lands within the area of encroachment to the 
affected private parties.

                            COMMITTEE ACTION

    H.R. 2438 was introduced on September 29, 1995, by 
Congressman Scott McInnis (R-CO). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands. On June 6, 
1996, the Subcommittee held a hearing on H.R. 2438, where the 
Administration supported enactment of legislation resolving the 
issue but objected to the legislation as introduced. On June 
27, 1996, the Subcommittee met to mark up H.R. 2438. An 
amendment in the nature of a substitute to address some of the 
Administration's concerns was offered by Congressman James V. 
Hansen (R-UT) and adopted by voice vote. The amendment adjusts 
the boundary of the Raggeds Wilderness and directs the 
Secretary of Agriculture to convey the affected property to the 
private landowners under the authority of the Small Tracts Act 
(Public Law 97-465). The bill was then ordered favorably 
reported to the Full Committee. On July 17, 1996, the Full 
Resources Committee met to consider H.R. 2438. A technical 
amendment to revise the wording of the provision regarding the 
Small Tracts Act, requested by the Administration, was offered 
by Congressman James V. Hansen (R-UT), and adopted by voice 
vote. The bill as amended was then ordered favorably reported 
to the House of Representatives by voice vote in the presence 
of a quorum.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Boundary adjustment and land conveyance, Raggeds Wilderness, 
        White River National Forest, Colorado

    This section adjusts the boundary of the Raggeds Wilderness 
and directs the Secretary of Agriculture to convey the affected 
property to the private landowners under the authority of the 
Small Tracts Act (Public Law 97-465).

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     INFLATIONARY IMPACT STATEMENT

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2438 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        COST OF THE LEGISLATION

    Clause 7(a) 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 
H.R. 2438. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2438 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. Enactment of H.R. 2438 could increase receipts to 
the Federal Government by less than $5000.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2438.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 
2438 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 23, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2438, a bill to provide for the conveyance of 
lands to certain individuals in Gunnison County, Colorado, and 
for other purposes, as ordered reported by the House Committee 
on Resources on July 17, 1996. We estimate that enacting H.R. 
2438 would have no significant impact on the federal budget. 
Enacting the bill would not affect direct spending or receipts, 
except to the extent that it results in receipts from an asset 
sale. Under the Balanced Budget Act, proceeds from asset sales 
are not counted in determining compliance with pay-as-you-go 
requirements. Hence, pay-as-you-go procedures would not apply 
to the bill.
    H.R. 2438 would adjust the boundaries of the Raggeds 
Wilderness Area in Colorado to exclude about one acre of land 
on which roads and other improvements were inadvertently 
constructed. Enacting this bill would allow the Secretary of 
Agriculture to sell the property under the Small Tracts Act. 
Based on information from the Forest Service, CBO estimates 
that enacting H.R. 2438 could increase offsetting receipts as a 
result of the sale, but that the increase would total less than 
$5,000. This amount would be considered the proceeds of an 
asset sale.
    H.R. 2438 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) and would have no impact on the budgets of 
state, local, or tribal governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 2438 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 2438 would make no changes in existing 
law.