[Senate Report 108-370]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 729
108th Congress                                                   Report
                                 SENATE
 2d Session                                                     108-370
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        MONTANA NATIONAL FORESTS BOUNDARY ADJUSTMENT ACT OF 2004

                                _______
                                

               September 28, 2004.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2408]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2408) to adjust the boundries of the 
Helena, Lolo, and Beaverhead-Deerlodge National Forests in the 
State of Montana, 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. SHORT TITLE.

  This Act may be cited as the ``Montana National Forests Boundary 
Adjustment Act of 2004''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Forests.--The term ``Forests'' means the Helena National 
        Forest, Lolo National Forest, and Beaverhead-Deerlodge National 
        Forest in the State of Montana.
          (2) Map.--The term ``map'' means--
                  (A) the map entitled ``Helena National Forest 
                Boundary Adjustment Northern Region, USDA Forest 
                Service'' and dated September 13, 2004;
                  (B) the map entitled ``Lolo National Forest Boundary 
                Adjustment Northern Region, USDA Forest Service'' and 
                dated September 13, 2004; and
                  (C) the map entitled ``Deerlodge National Forest 
                Boundary Adjustment Northern Region USDA Forest 
                Service'' and dated September 13, 2004.
          (3) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 3. HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NATIONAL FORESTS 
                    BOUNDARY ADJUSTMENT.

  (a) In General.--The boundaries of the Forests are modified as 
depicted on the maps.
  (b) Maps.--
          (1) Availability.--The maps shall be on file and available 
        for public inspection in--
                  (A) the Office of the Chief of the Forest Service; 
                and
                  (B) the Office of the Regional Forester, Missoula, 
                Montana.
          (2) Correction authority.--The Secretary may make technical 
        corrections to the maps.
  (c) Administration.--Any land or interest in land acquired within the 
boundaries of the Forests for National Forest System purposes shall be 
managed in accordance with--
          (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
        Law'') (16 U.S.C. 480 et seq.); and
          (2) the laws (including regulations) applicable to the 
        National Forest System.
  (d) Land and Water Conservation Fund.--For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
the boundaries of the Forests, as adjusted under subsection (a), shall 
be considered to be the boundaries of the Forests as of January 1, 
1965.
  (e) Effect.--Nothing in this Act limits the authority of the 
Secretary to adjust the boundaries of the Forests under section 11 of 
the Act of March 1, 1911 (16 U.S.C. 521).

                         PURPOSE OF THE MEASURE

    The purpose of S. 2408 is to adjust the boundaries of the 
Helena, Lolo, and Beaverhead-Deerlodge National Forests in the 
State of Montana.

                          BACKGROUND AND NEED

    S. 2408 was introduced to enable a significant Federal land 
acquisition and exchange proposal in the Blackfoot River Valley 
to move forward. The project contemplates Federal acquisition 
and management of nearly 88,000 acres of land in the Blackfoot 
River watershed, including certain parcels outside the existing 
National Forest boundaries, to ensure continued public uses of 
these lands for recreation, hunting, livestock grazing, and 
watershed protection. The boundary adjustment will facilitate 
this acquisition, with the ultimate goal of consolidating 
Federal ownership and improving forest management.

                          LEGISLATIVE HISTORY

    S. 2408 was introduced by Senator Burns on May 11, 2004, 
and the Subcommittee on Public Lands and Forests held a hearing 
on July 21, 2004.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 15, 2004, by a unanimous 
voice vote, of a quorum present, recommends that the Senate 
pass S. 511, if amended as described herein.

                          COMMITTEE AMENDMENT

    The amendment adopted by the Committee makes technical 
corrections to map references and map dates within the 
legislation.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title.
    Section 2 provides definitions.
    Section 3 adjusts the boundaries of the Lolo, Helena, and 
Beaverhead-Deerlodge National Forests in Montana as depicted on 
the maps accompanying the bill. Directs that lands acquired by 
the National Forests within the new boundaries be managed in 
accordance with the Act of March 1, 1911 (the Weeks law) and 
the laws applicable to the National Forest System. Directs that 
the lands added to the forests be considered to be within the 
boundaries of the National Forests as of January 1, 1965, for 
the purposes of section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. Sec. 4601-9). Provides that nothing 
in the bill limits the authority of the Secretary to adjust the 
National Forests' boundaries under section 11 of the Act of 
March 1, 1911 (16 U.S.C. Sec. 521).

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office.

S. 2408--Montana National Forests Boundary Adjustment Act of 2004

    CBO estimates that implementing S. 2408 would have no 
significant impact on the federal budget. Enacting the bill 
would not affect direct spending or revenues. S. 2408 contains 
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.
    S. 2408 would expand the boundaries of three national 
forests in Montana to include roughly 34,000 acres of federal 
and nonfederal land. Based on information from the Forest 
Service, CBO estimates that the proposed expansion would 
increase the agency's costs to manage those forests by less 
than $100,000 a year. Spending for such costs would be subject 
to the availability of appropriated funds.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, 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. 2408.
    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 S. 2408.

                        EXECUTIVE COMMUNICATIONS

    On July 21, 2004, the Committee on Energy and Natural 
Resources requested legislative reports from the Department of 
Agriculture and the Office of Management and Budget setting 
forth executive views on S. 2408. These reports had not been 
received when this report was filed. When the reports become 
available, the Chairman will request that they be printed in 
the Congressional Record for the advice of the Senate. The 
testimony provided by the Department of Agriculture at the 
Subcommittee hearing on S. 2408 follows:

   Statement of Mary Rey, National Forest System, U.S. Department of 
                              Agriculture

    Mr. Chairman, thank you for the opportunity to appear 
before you today to provide the Department's views on S. 2408 
to adjust the boundaries of the Helena, Lolo and Beaverhead-
Deerlodge National Forests in the State of Montana.
    S. 2408 would extend the forest boundary of the Beaverhead-
Deerlodge National Forest to include a recent acquisition 
contiguous to the forest boundary that occurred over a 3-year 
period from 2001 through 2003. S. 2408 also would extend the 
forest boundary of both the Lolo and Helena National Forests to 
provide for future land acquisitions in the Blackfoot River 
Valley. The Department supports S. 2334.
    The bill would realize an estimated net increase of 6,193 
acres within the Helena National Forest, 16,121 acres within 
the Lolo National Forest, and 11,727 acres within the Deerlodge 
National Forest.
    Inclusion of these lands within the boundaries of these 
three national forests will clarify management of the lands 
acquired, simplify boundary management, and allow for the use 
of the Land and Water Conservation fund, outside the existing 
boundaries, for future acquisitions if land is offered for sale 
to the United States and if Congress should choose to fund any 
such purchase. There is substantial local community and county 
support for these boundary changes.
    The Department would like to work with the Committee to 
make a minor technical change to the name of the map referenced 
in section 2(2)(C). Although the map is entitled ``Blackfoot 
Community Project Acquisition Proposal Adjustments, Beaverhead-
Deerlodge National Forest * * *'', the proposed boundary 
adjustment on the Beaverhead-Deerlodge National Forest is not 
associated with the proposed Blackfoot Community Project 
acquisition. Consequently, the name of the map should be 
entitled ``Beaverhead-Deerlodge National Forest Boundary 
Adjustment.''
    This concludes my statement, I would be happy to answer any 
questions that you may have.

                        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 bill S. 2408 as ordered 
reported.

                                  
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