[Senate Report 105-97]
[From the U.S. Government Publishing Office]
Calendar No. 192
105th Congress Report
SENATE
1st Session 105-97
_______________________________________________________________________
EAGLES NEST WILDERNESS
_______
October 6, 1997.--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 S. 588]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 588) to provide for the expansion of the
Eagles Nest Wilderness within the Arapaho National Forest and
the White River National Forest, Colorado, to include land
known as the Slate Creek Addition, having considered the same,
reports favorably thereon with an amendment and recommends 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, before December 31, 2000, the United
States acquires the parcel of land described in subsection (b)--
(1) on acquisition of the parcel, the parcel shall be
included in and managed as part of the Eagles Nest Wilderness
designated by Public Law 94-352 (16 U.S.C. 1132 note; 90 Stat.
870); and
(2) the boundary of Eagles Nest Wilderness is adjusted to
reflect the inclusion of the parcel.
(b) Description of Addition.--The parcel referred to in subsection
(a) is the parcel generally depicted on a map entitled ``Slate Creek
Addition-Eagles Nest Wilderness'', dated February 1997, comprising
approximately 160 acres in Summit County, Colorado, adjacent to the
Eagles Nest Wilderness.
purpose
The purpose of S. 588 is to provide for the expansion of
the Eagles Nest Wilderness within the Arapaho National Forest
and the White River National Forest, Colorado, to include land
known as the Slate Creek Addition.
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.
legislative history
S. 588 was introduced on April 6, 1997, by Senator
Campbell. On June 18, 1997, the Subcommittee on Forest and
Public Land Management held a hearing on S. 588. On September
24, 1997, the Committee met to mark up S. 588. The bill was
ordered favorably reported by voice vote to the Senate with an
amendment in the nature of a substitute making some technical
changes requested by the Administration. A companion bill H.R.
985, passed the House by voice vote on June 3, 1997.
section-by-section analysis
Section 1(a) provides that, if the United States acquires
the Slate Creek Parcel before December 31, 2000, the parcel
shall be included in, and managed as part of, the Eagles Nest
Wilderness. This section also directs the Secretary of
Agriculture to adjust the boundaries to reflect addition.
Section 1(b) describes the proposed addition of land.
committee recommendation and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on September 24, 1997, by a unanimous voice
vote of the quorum present, recommends that the Senate pass S.
588, if amended as described herein.
committee amendment
During the consideration of S. 588, the Committee adopted
an amendment in the nature of a substitute that incorporates
changes recommended by the Administration and makes technical
and clarifying modifications.
cost and budgetary considerations
The cost and budgetary considerations prepared by the
Congressional Budget Office are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 26, 1997.
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 S. 588, a bill to
provide for the expansion of the Eagles Nest Wilderness within
the Arapaho National Forest and the White River National
Forest, Colorado, to include land known as the Slate Creek
Addition.
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.
Congressional Budget Office Cost Estimate
S. 588--A bill to provide for the expansion of the Eagles Nest
Wilderness within the Arapaho National Forest and the White
River National Forest, Colorado, to include land known as the
Slate Creek Addition
CBO estimates that enacting this bill would have no
significant impact on the federal budget. S. 588 would not
affect direct spending or receipts; therefore, pay-as-you-go
procedures do not apply. S. 588 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act of 1995 and would have no significant impact on the
budgets of state, local, or tribal governments.
S. 588 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 S. 588 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 is Victoria V.
Heid. This estimate was approved by Robert A. Sunshine, 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. 588. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and business.
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. 588, as ordered reported.
executive communications
The Administration testified in favor of the legislation at
a June 18, 1997 hearing held by the Subcommittee on Forests and
Public Land Management. Legislative reports from the Department
of Agriculture, and the Office of Management and Budget setting
forth Executive agency recommendations on S. 588 were
unavailable when the report was filed. When these reports
become available, the Chairman will request that they be
printed in the Congressional Record for the advice of the
Senate.
The Administration testimony is attached.
statement of robert joslin, deputy chief, forest service, department of
agriculture
Mr. Chairman and members of the subcommittee, I am Bob
Joslin, the new Deputy Chief of the Forest Service for National
Forest System. I am pleased to be here to share the
Administration's views on S. 588.
S. 588, Expansion of the Eagles Nest Wilderness within Arapaho and
White Rivers National Forests, Colorado
The Administration supports enactment of S. 588, if amended
as recommended in the attached Supplemental Statement.
S. 588 is designed to change the Eagles Nest Wilderness
boundary to include a 160 acre parcel of private property,
known as Slate Creek, upon its conveyance to the Federal
Government. Representatives of the current owners of the Slate
Creek parcel, Howard and Jeanette Moser, and the Forest Service
have entered into an agreement to begin negotiations on an
exchange. The Mosers want to exchange their property and have
it become wilderness. Because the property is outside of the
existing wilderness boundary, yet surrounded on three sides by
wilderness, it is necessary to provide for its inclusion in the
wilderness upon conveyance to the United States.
In 1976 Congress passed Public Law 94-352, creating the
Eagles Nest Wilderness. When the Forest Service signed the
official legal description of the wilderness boundary a
``cherry stem'' was created to exclude the privately held Slate
Creek parcel from wilderness designation. The property has
wilderness characteristics and, had it been held in the public
trust, would have been included in the Eagles Nest Wilderness.
The bill, as currently written, directs the Secretary of
Agriculture to adjust the boundary upon conveyance of the
parcel. In order to eliminate additional administrative steps,
we recommend the bill be amended to legislate the boundary
adjustment upon conveyance. Our recommended amendments are
contained in the attached Supplemental Statement.
The amended bill would assure that negotiations can
continue in good faith and facilitates the exchange and
adjustment of the wilderness boundary.
supplemental statement--u.s. department of agriculture
The italic language reflects proposed Administration
technical additions, and bracketed language, deletions to the
legislative language.
S. 588, To provide for the expansion of the Eagles Nest Wilderness
within Arapaho and White River National Forests, Colorado
SECTION 1. SLATE CREEK ADDITION TO EAGLES NEST WILDERNESS, ARAPAHO AND
WHITE RIVER NATIONAL FORESTS, COLORADO
(a) Slate Creek Addition.--If[, before December 31, 2000;
the United States acquires the parcel of land described in
subsection (b), then upon the acquisition of the parcel by the
United States, the] the parcel of land identified in subsection
(b) is conveyed to the United States on or before December 31,
2000, such 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). [The Secretary of Agriculture
shall adjust the boundaries of the Eagles Nest Wilderness to
reflect the inclusion of the parcel] Upon conveyance of such
parcel, the boundary of the Eagles Nest Wilderness is hereby
adjusted accordingly 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,
and shall be available for public inspection in the office of
the Forest Supervisor of the White River National Forest. The
parcel [and] comprises approximately 160 acres in Summit
County, Colorado, adjacent to the Eagles Nest Wilderness.
supplemental statement--u.s. department of agriculture
The italic language reflects proposed Administration
technical additions, and bracketed language, deletions to the
legislative language.
S. 750, To consolidate certain mineral interests in the National
Grasslands in Billings County, North Dakota, through the exchange of
Federal and private mineral interests to enhance land management
capabilities and environmental and wildlife protection, and for other
purposes
SECTION 1. EXCHANGE OF CERTAIN MINERAL INTERESTS IN BILLINGS COUNTY,
NORTH DAKOTA
(a) Purpose.--The purpose of this section is to consolidate
certain mineral interests in the Little Missouri National
Grasslands in Billings County, North Dakota, through the
exchange of Federal and private mineral interests in order to
enhance land management capability and environmental and
wildlife protection.
(b) Exchange.--[Notwithstanding any other provision of
law--] Subject to existing applicable laws--
(1) if, [not later than 45 days after the date of
enactment of this Act,] Burlington Resources Oil & Gas
Company (referred to in this section as ``Burlington''
and formerly known as Meridian Oil Inc.), conveys title
acceptable to the Secretary of Agriculture (referred to
in this section as the ``Secretary'') to all Burlington
oil and gas mineral rights and interests on all lands
identified for exchange on the map entitled ``Billings
County, North Dakota, Consolidated Mineral Exchange--
November 1995'' by quitclaim deed acceptable to the
Secretary, the Secretary shall convey to Burlington,
subject to valid existing rights, by quitclaim deed,
all Federal oil and gas mineral rights and interests on
all lands identified for exchange on that map; and
(2) if Burlington makes the conveyance under
paragraph (1) and, [not later than 180 days after the
date of enactment of this Act,] the owners of the
remaining non-oil and gas mineral interests identified
on that map convey title acceptable to the Secretary to
all rights, title, and interests in the interests held
by them, by quitclaim deed acceptable to the Secretary,
the Secretary shall convey to those owners, subject to
valid existing rights, by exchange deed, all Federal
rights, title, and interests in National Forest System
lands and National Grasslands in the State of North
Dakota as are agreed to by the Secretary and the owners
of those interests.
(c) Leasehold Interests.--As a condition precedent to the
conveyance of interests by the Secretary to Burlington under
this section, all leasehold and contractual interests in the
oil and gas interests to be conveyed by Burlington to the
United States under this section shall be released, to the
satisfaction of the Secretary.
(d) Approximate Equal Value of Exchanges With Other
Interest Owners.--The values of the interests to be exchanged
under subsection (b)(2) shall be approximately equal, as
determined by the Secretary.
(e) Land Use.--
(1) Exploration and Development.--The Secretary shall
grant to Burlington, and its successors and assigns,
the use of Federally-owned surface lands to explore for
and develop interests conveyed to Burlington under this
Act, subject to applicable Federal and State laws.
(2) Surface Occupancy and Use.--Rights to surface
occupancy and use that Burlington would have absent the
exchange under this Act on its interests conveyed under
this Act shall apply to the same extent on the
federally owned surface estate overlying oil and gas
rights conveyed to Burlington under this Act.
(f) Environmental Protection for Environmentally Sensitive
Lands.--All activities of Burlington, and its successors and
assigns, relating to exploration and development on
environmentally sensitive National Forest System lands, as
described in the ``Memorandum of Understanding Concerning
Certain Severed Mineral Estates, Billings County, North
Dakota'', executed by the Forest Service and Burlington and
dated November 2, 1995, shall be subject to the terms of the
memorandum.
(g) Map.--The map referred to in subsection (b) shall be
provided to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives, kept on file in the office of the Chief of the
Forest Service, and made available for public inspection in the
office of the Forest Supervisor of the Custer National Forest
within 45 days after the date of enactment of this Act.
[(h) Other Laws.--The exchange under subsection (b)(1)
shall be deemed to meet the requirements of all other Federal
laws, including all land exchange laws, environmental laws, and
cultural laws (such as the National Historic Preservation Act
(16 U.S.C. 470 et seq.)), and no further compliance with any
other law shall be required in order to implement the
exchanges.]
(i) Continuation of Multiple Use.--Nothing in this Act
shall limit, restrict, or otherwise effect the application of
the principle of multiple use (including outdoor recreation,
range, timber, watershed, and fish and wildlife purposes) in
any area of the Little Missouri National Grasslands. Federal
grazing permits or privileges in areas designated on the map
entitled ``Billings County, North Dakota, Consolidated Mineral
Exchange--November 1995'' or those lands described in the
``Memorandum of Understanding Concerning Certain Severed
Mineral Estates, Billings County, North Dakota'', shall not be
curtailed or otherwise limited as a result of the exchange
authorized by this Act.
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 the Act S. 588, as ordered
reported.