[House Report 106-173]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-173

======================================================================



 
                  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.

                                  
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