[Senate Report 105-232]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 446
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-232
_______________________________________________________________________


 
            DEVILS BACKBONE WILDERNESS BOUNDARY ADJUSTMENT

                                _______
                                

                 June 26, 1998.--Ordered to be printed

_______________________________________________________________________


  Mr. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1779]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1779) to make a minor adjustment in the 
exterior boundary of the Devils Backbone Wilderness in the Mark 
Twain National Forest, Missouri, to exclude a small parcel of 
land containing improvements, having considered the same, 
reports favorably thereon without amendment and recommends that 
the Act do pass.

                                purpose

    H.R. 1779 would make a minor adjustment in the exterior 
boundary of the Devils Backbone Wilderness in the Mark Twain 
National Forest in Missouri to exclude a small parcel of land 
containing improvements.

                          background and need

    A recent forest survey of the Devils Backbone Wilderness 
Area in the Mark Twain National Forest revealed that an elderly 
couple's garage, well, mailbox, and driveway were within the 
Wilderness Area boundaries. The elderly couple bought the 80 
acre farm in 1979, and drilled a well shortly thereafter. Their 
neighbor, John Fox, who had served on the 1930's survey crew, 
assured them that the well as was least 20 feet outside the 
boundary line of the National Forest. The elderly couple, who 
want to sell their farm, now find that impossible with a 
Wilderness Area survey stake in their front yard.
    H.R. 1779 redefines the boundaries of the Mark Twain 
National Forest to exclude about a two acre parcel of real 
property, which includes a garage, well, mailbox, and driveway 
from the Devils Backbone Wilderness.

                          legislative history

    H.R. 1779 was introduced on June 4, 1997, by Representative 
Blunt. The bill passed the House of Representatives by voice 
vote on October 21, 1997.
    Companion legislation, S. 1109, was introduced on July 31, 
1997, by Senator Bond. The Subcommittee on Forests and Public 
Land Management held a hearing on S. 1109 and H.R. 1779 on 
March 25, 1998.
    At a business meeting on May 13, 1998, the Committee on 
Energy and Natural Resources ordered H.R. 1779 favorably 
reported without amendment.

            committee recommendation and tabulation of votes

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 13, 1998, by unanimous vote of a 
quorum present recommends that the Senate pass H.R. 1779, 
without amendment.
    The rollcall vote on reporting the measure was 20 years, no 
nays as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Domenici
Mr. Nickles
Mr. Craig
Mr. Campbell
Mr. Thomas
Mr. Kyl
Mr. Grams \1\
Mr. Smith
Mr. Gorton
Mr. Burns \1\
Mr. Bumpers
Mr. Ford
Mr. Bingaman
Mr. Akaka
Mr. Dorgan \1\
Mr. Graham \1\
Mr. Wyden
Mr. Johnson
Ms. Landrieu

    \1\ Indicates vote by proxy.

                   cost and budgetary considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:
                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 14, 1998.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1779, an act to 
make a minor adjustment in the exterior boundary of the Devils 
Backbone Wilderness in the Mark Twain National Forest, 
Missouri, to exclude a small parcel of land containing 
improvements.
    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.

               congressional budget office cost estimate

H.R. 1779.--An act to make a minor adjustment in the exterior boundary 
        of the Devils Backbone Wilderness in the Mark Twain National 
        Forest, Missouri, to exclude a small parcel of land containing 
        improvements

    CBO estimates that enacting this legislation would not have 
a significant impact on the federal budget. Because enacting 
H.R. 1779 could affect offsetting receipts, pay-as-you-go 
procedures would apply; however, CBO estimates that any such 
effect would be negligible. H.R. 1779 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. 1779 would reduce the area of the Devils Backbone 
Wilderness within the Mark Twain National Forest by excluding 
about two acres of wilderness now occupied by a private party. 
Enacting H.R. 1779 could affect direct spending by increasing 
offsetting receipts because the Forest Service would be likely 
to sell the property to the private party under the Small 
Tracts Act (16 U.S.C. 521d) once the property is removed from 
wilderness designation. Therefore, pay-as-you-go procedures 
would apply. However, CBO estimates that any such increase in 
receipts would total less than $10,000. Adjusting the 
boundaries of the wilderness area might involve minor 
administrative costs, but we estimate that any such changes to 
discretionary spending would be negligible.
    The CBO staff contact for this estimate is Victoria V. 
Heid. This estimate was approved by Robert A. Sunshine, Deputy 
Assistant Director for Budget Analysis.

                      regulatory impact evaluation

    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. 1779.

                        executive communications

    The legislative report from the Department of Agriculture 
setting for Executive agency recommendations relating to H.R. 
1779 is set forth below:
                    U.S. Department of Agriculture,
                                   Office of the Secretary,
                                  Washington, DC, November 7, 1997.
Hon. Robert F. Smith,
Chairman, House Committee on Agriculture,
Washington, DC.
    Dear Bob: As you requested, I am transmitting the 
Department of Agriculture's (USDA) views on H.R. 1779, a bill 
``to make a minor adjustment in the exterior boundary of the 
Devils Backbone Wilderness in the Mark Twain National Forest, 
Missouri, to exclude a small parcel of land containing 
improvements.''
    USDA recommends enactment of H.R. 1779.
    The language in H.R. 1779 is consistent with that 
recommended by USDA in testimony last year on similar 
legislation before the Committee on Agriculture. This bill 
would resolve a problem created by the inadvertent inclusion 
within the wilderness boundary of a small parcel of land 
containing various improvements. The boundary adjustment would 
have no significant impact to the wilderness or its ecosystems.
    Thank you for the opportunity to provide USDA's views on 
this legislation.
            Sincerely,
                                              Dan Glickman,
                                                         Secretary.

                        changes in existing law

    In compliance with paragraph 1 of rule XXVI of the Standing 
Rules of the Senate, the Committee notes that no changes in 
existing law are made by the Act H.R. 1779.

                                
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