[House Report 106-173]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 106-173
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SPANISH PEAKS WILDERNESS ACT OF 1999
_______
June 7, 1999.--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
together with
ADDITIONAL VIEWS
[To accompany H.R. 898]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 898) designating certain land in the San Isabel National
Forests in the State of Colorado as the ``Spanish Peaks
Wilderness'', having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 898 is to designate certain land in the
San Isabel National Forest in the State of Colorado as the
``Spanish Peaks Wilderness.''
Background and Need for Legislation
The mountains known as the Spanish Peaks are two volcanic
peaks in Las Animas and Huerfano Counties, Colorado, whose
Native American name is Wayatoya. The eastern peak rises to
12,683 feet above sea level, while the summit of the western
peak reaches 13,626 feet. The two served as landmarks not only
for Native Americans but also for some of Colorado's other
early settlers and for travelers along the trail between Bent's
Old Fort on the Arkansas River and Taos, New Mexico.
The Spanish Peaks portion of the San Isabel National Forest
was included in 1977 on the National Registry of Natural
Landmarks. The Spanish Peaks area has outstanding scenic,
geologic, and wilderness values, including a spectacular system
of over 250 free-standing dikes and ramps of volcanic materials
radiating from the peaks. The State of Colorado has designated
the Spanish Peaks as a natural area, and they are a popular
destination for hikers.
The Forest Service reviewed the Spanish Peaks area for
possible wilderness designation as part of its second roadless
area review and evaluation and in 1979 recommended designation
of 19,750 acres as wilderness. Concerns about private land
inholdings in the area prompted Congress, in the Colorado
Wilderness Act of 1980, to instead provide for its continued
management as a wilderness study area.
A decade later, the Colorado Wilderness Act of 1993
included provisions for long-term management of all the other
wilderness study areas in Colorado's national forests. However,
questions about the land-ownership pattern in the Spanish Peaks
area prompted the Forest Service to change its mind about
designating the Spanish Peaks as wilderness. Therefore, the
1993 Act required continued management of the Peaks as a
wilderness study area for 3 years--until August 13, 1996. The
1993 Act also required the Forest Service to report to Congress
the extent of non-Federal holdings, with an eye towards
acquisition of those holdings by the federal government with
the owners' consent.
The required report was submitted in 1995. It indicated
that within the wilderness study area, there were about 825
acres where the United States owned neither the surface estate
nor the mineral rights, and about 440 additional acres where
the United States owned the surface estate but not the
minerals. Since then, through voluntary sales, the United
States has acquired most of the inholdings. Today only 166
acres of inholdings remain, and the Forest Service is in the
process of or making efforts to acquire 134 of those acres.
H.R. 898 would designate as wilderness about 18,000 acres
of the San Isabel National Forest, including both of the
Spanish Peaks as well as the slopes below and between them.
This includes most of the lands originally recommended for
wilderness by the Forest Service, but with boundary revisions
that will exclude some private lands. The author of H.R. 898
has made significant efforts to address local concerns about
the wilderness designation, including: (1) adjusting the
boundary slightly to exclude certain lands that are likely to
have the capacity for mineral production; and (2) excluding
from the wilderness a road that locals use for access to a
portion of the area.
The lands covered by this bill are not only striking for
their beauty and value but also offer important recreational
opportunities. The bill would simply add the Spanish Peaks area
to the list of areas designated as wilderness by the Colorado
Wilderness Act of 1993. As a result, all the provisions of the
1993 Act--including the provisions related to water--would
apply to the Spanish Peaks just as they do to the other areas
on that list. As with the other areas now on that list, the
Spanish Peaks is a headwaters area, which for all practical
purposes eliminates the possibility of water conflicts. There
are no water diversions within the area.
Committee Action
H.R. 898 was introduced on March 2, 1999, 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 April 22, 1999, the Subcommittee
held a hearing on the bill, where Ron Stewart, Deputy Chief,
Programs and Legislation, Forest Service, testified that the
Administration was opposed to H.R. 898 because it excluded the
Bulls Eye Mine Road from the wilderness designation. On April
27, 1999, the Subcommittee met to mark up the bill. No
amendments were offered and the bill was then ordered favorably
reported to the Full Committee by voice vote. On May 5, 1999,
the Full Resources Committee met to consider the bill. No
amendments were offered and the bill was then ordered favorably
reported to the House of Representatives by voice vote.
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 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 this bill.
Compliance With House Rule XIII
1. Cost of Legislation.--Clause 3(d)(2) 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)(3)(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 billprepared by the Director of the
Congressional Budget Office under section 402 of the Congressional
Budget Act of 1974.
2. 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 tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could result in potential changes in
offsetting receipts but ``such effect would be insignificant.''
3. Government Reform Oversight Findings.--Under clause
3(c)(4) of rule XIII 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 on this bill.
4. Congressional Budget Office Cost Estimate.--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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 13, 1999.
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. 898, the Spanish
Peaks Wilderness Act of 1999.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Victoria Heid
Hall.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 898--Spanish Peaks Wilderness Act of 1999
H.R. 898 would amend the Colorado Wilderness Act of 1993
(Public Law 103-77) by designating about 18,000 acres of
federal land within the San Isabel National Forest in Colorado
as the Spanish Peaks Wilderness. The land is managed as a
wilderness study area under current law. The bill would allow
for the continuation of historic uses of the Bulls Eye Mine
Road, subject to terms and conditions set by the Secretary of
Agriculture, and would allow access to privately owned land
within the wilderness areas.
CBO estimates that enacting this bill would have no
significant impact on the federal budget. The provision
allowing historic use of the Bulls Eye Mine Road could be
interpreted to require the Forest Service to reopen the road
for motorized uses. (The road was built in the late 19th
century for foot traffic and pack-animal travel, and it is
currently closed to motorized traffic.) Based on information
from the Forest Service, we estimate that reopening the road
for use by motorized vehicles and providing ongoing maintenance
would cost as much as $100,000 over the 2000-2004 period,
subject to appropriation of the necessary amounts.
Because H.R. 898 also could affect direct spending as a
result of potential changes in offsetting receipts, pay-as-you-
go procedures would apply; however, we estimate that any such
effect would be insignificant. This bill would impose no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
The CBO staff contact is Victoria Heid Hall. This estimate
was approved by Robert A. Sunshine, Deputy Assistant Director
for Budget Analysis.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 2 OF THE COLORADO WILDERNESS ACT OF 1993
SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following lands in the State of
Colorado are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System:
(1) * * *
* * * * * * *
(20) Spanish peaks wilderness.--Certain land in the
San Isabel National Forest that--
(A) comprises approximately 18,000 acres, as
generally depicted on a map entitled ``Proposed
Spanish Peaks Wilderness'', dated February 10,
1999; and
(B) shall be known as the ``Spanish Peaks
Wilderness''.
* * * * * * *
ADDITIONAL VIEWS
The Spanish Peaks are a very special part of Colorado. They
deserve and need inclusion in the National Wilderness
Preservation System, a status that has been too long delayed.
In fact, I had hoped that designation of this area as
wilderness would be completed last year; I regret that the
Senate did not act on the Spanish Peaks wilderness bill
sponsored by my predecessor, Representative David Skaggs, and
Representative McInnis after it was favorably reported by the
Committee and passed by the House under unanimous consent. So,
I am glad that this year the Committee did not delay in its
consideration of H.R. 898, of which I am a cosponsor.
This year's bill differs from the Skaggs-McInnis bill in a
few respects, notably the exclusion from wilderness of an old
road, known as the Bull's Eye Mine Road, and the inclusion of
language related to that road. Because some questions have been
raised about the scope and effect of that language, contained
in subsection 3(1), I think it appropriate to provide further
explanation of that subsection.
Section 3(1) states that insofar as the road is covered by
the bill, the Secretary of Agriculture--which, in practice
means the USDA Forest Service--is to allow continuation of
historic uses established prior to the bill's enactment,
subject to such terms and conditions as the Secretary may
prescribe.
It is important to note that the bill does not specify
exactly what uses are covered by this section--that factual
question is left to the determination of the Forest Service.
Similarly, the bill does not attempt to specify the terms and
conditions that are to apply to any such uses, leaving that
completely to the Secretary's discretion and thus allowing the
Forest Service to take into account any and all relevant
factors, including but not limited to, resource protection,
health and safety, and changes in conditions on or affecting
the road itself.
In regard to this point, it is useful to note that at the
Subcommittee hearing on the bill Representative Hill asked
whether Representative McInnis agreed that under section 3(1)
``if the Secretary [of Agriculture] wanted to continue to limit
the use of the road to hiking and horseback, it [sic] could
continue to do that,'' to which Mr. McInnis responded, ``That
is my interpretation.'' As a cosponsor of the bill, that is my
interpretation as well.
Also, it should be noted that neither this subsection nor
any other part of the bill has the effect of requiring the
United States to undertake any improvement or maintenance of
the road. This is important because, as the Forest Service's
witness explained at the hearing, ``We [the Forest Service] are
in no position to make commitments to keep that road open * * *
this would not be a priority road to maintain, and, given that,
if people were using it and it were not safe, we would be
subject to a significant amount of liability.'' Because nothing
in the bill would have the effect of committing the United
States to improve or maintain the road, and because the
Secretary has full discretion to condition its use, the bill
will not expose the United States to any such liability.
Thus, while the inclusion of Section 3(1) has added an
element that was not part of the Skaggs-McInnis bill as passed
by the House in the last Congress, nothing in that section will
preclude the Forest Service from properly managing the Spanish
Peaks Wilderness or any other part of the San Isabel National
Forest.
Mark Udall.