[House Report 105-111]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-111
_______________________________________________________________________


 
         EAGLES NEST WILDERNESS, COLORADO, SLATE CREEK ADDITION

                                _______
                                

  June 3, 1997.--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. 985]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 985) to provide for the expansion of the Eagles Nest 
Wilderness within Arapaho and White River National Forests, 
Colorado, to include the lands known as the Slate Creek 
Addition upon the acquisition of the lands by the United 
States, 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. SLATE CREEK ADDITION TO EAGLES NEST WILDERNESS, ARAPAHO AND 
                    WHITE RIVER NATIONAL FORESTS, COLORADO.

    (a) Slate Creek Addition.--If the parcel of land described in 
subsection (b) is conveyed to the United States on or before December 
31, 2000, the parcel shall be included in, and managed as part of, the 
Eagles Nest Wilderness designated by Public Law 94-352 (90 Stat. 870; 
16 U.S.C. 1132 note). Upon conveyance of the parcel, the boundary of 
the Eagles Nest Wilderness is adjusted to include the parcel.
    (b) Description of Addition.--The parcel referred to in subsection 
(a) is generally depicted on a map entitled ``Slate Creek Addition-
Eagles Nest Wilderness'', dated February 1997, which shall be available 
for public inspection in the office of the Forest Supervisor of the 
White River National Forest in the State of Colorado. The parcel 
comprises approximately 160 acres in Summit County, Colorado, adjacent 
to the Eagles Nest Wilderness.

                          purpose of the bill

    The purpose of H.R. 985 is to provide for the expansion of 
the Eagles Nest Wilderness within Arapaho and White River 
National Forests, Colorado, to include lands known as the Slate 
Creek Addition upon the acquisition of lands by the United 
States.

                  background and need for legislation

    This legislation provides that the 160-acre Slate Creek 
parcel in Summit County, Colorado, will be added to the Eagles 
Nest Wilderness and administered as part of the Wilderness Area 
if the land is acquired by the United States within the next 
four years. The 160-acre parcel is proposed for acquisition by 
the United States in a land exchange. However, the current 
owners of the tract are unwilling to convey the land unless it 
is added to the Eagles Nest Wilderness and permanently managed 
as wilderness. Currently, Eagles Nest Wilderness surrounds the 
Slate Creek parcel on three sides, but the parcel is outside 
the official wilderness boundary. Therefore, legislation is 
required to add this parcel to the boundaries of the 
legislation. The proposed addition is supported by the Summit 
County Board of County Commissioners, the Summit County Open 
Space Advisory Council, The Wilderness Land Trust and a number 
of environmental organizations.

                            committee action

    H.R. 985 was introduced on March 6, 1997, by Congressman 
Scott McInnis (R-CO). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On May 6, 1997, the Subcommittee 
held a hearing on H.R. 985, where the Administration testified 
that it supports H.R. 985 if amended to reduce administrative 
steps. The Administration suggested the bill be amended to 
legislate the boundary adjustment upon conveyance. On May 8, 
1997, the Subcommittee met to mark up H.R. 985. An amendment to 
describe the parcel of land to be included in the boundary 
adjustment was offered by Congresswoman Helen Chenoweth, and 
adopted by voice vote. The bill was then ordered favorably 
reported to the Full Committee. On May 21, 1997, the Full 
Resources Committee met to consider H.R. 985. The bill was 
ordered favorably reported to the House of Representatives by 
voice vote without further amendment.

                      section-by-section analysis

    Section one provides that if the United States acquires the 
Slate Creek Parcel of land before December 31, 2000, the parcel 
shall be included in, and managed as part of, the Eagles Nest 
Wilderness. Moreover, if acquired, the Secretary of Agriculture 
shall adjust the boundaries of the Eagles Nest Wilderness to 
reflect the inclusion. Finally, subsection (b) describes the 
proposed addition of land.

            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.

                   constitutional authority statement

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 985.

                        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. 985. 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. 
985 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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. 985.
    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. 985 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 28, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 985, a bill to 
provide for the expansion of the Eagles Nest Wilderness within 
Arapaho and White River National Forests, Colorado, to include 
the lands known as the Slate Creek Addition upon the 
acquisition of the lands by the United States.
    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.
    Enclosure.

H.R. 985--A bill to provide for the expansion of the Eagles Nest 
        Wilderness within Arapaho and White River National Forests, 
        Colorado, to include the lands known as the Slate Creek 
        Addition upon the acquisition of the lands by the United States

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. H.R. 985 would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures do not apply. H.R. 985 contains no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act of 1995 and would impose no significant costs on 
state, local, or tribal governments.
    H.R. 985 would direct the Secretary of Agriculture to 
adjust the boundaries of the Eagles Nest Wilderness within the 
Arapaho and White River National Forests, Colorado, to include 
about 160 acres of land depicted on a map entitled ``Slate 
Creek Addition-Eagles Nest Wilderness'' if the United States 
acquires that land on or before December 31, 2000. The U.S. 
Forest Service is currently negotiating to acquire the 
privately held land, which is adjacent to the Eagles Nest 
Wilderness. According to the Forest Service, the land has been 
appraised at a fair market value of approximately $160,000. 
However, the owners want assurance that the land would be 
designated as wilderness, and legislation is required to change 
the boundaries of a wilderness area. Thus, enacting H.R. 985 
would make it more likely that the Forest Service would 
purchase the land within the next few years. In any case, 
outlays for the purchase are subject to the availability of 
appropriated funds.
    The CBO staff contact for this estimate are Victoria V. 
Heid. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                    compliance with public law 104-4

    H.R. 985 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 985 would make no changes in existing law.