[Senate Report 111-154]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 304
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-154

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                          CAMP HALE STUDY ACT

                                _______
                                

                 March 2, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 2330]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 2330) to direct the Secretary of the 
Interior to carry out a study to determine the suitability and 
feasibility of establishing Camp Hale as a unit of the National 
Park System, having considered the same, reports favorably 
thereon with an amendment and recommends that the Act, as 
amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Camp Hale Study Act''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Camp hale.--The term ``Camp Hale'' means the area 
        comprising approximately 200,000 acres on the White River and 
        San Isabel National Forests in west-central Colorado located 
        within portions of Eagle, Lake, Pitkin, and Summit counties.
          (2) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture, 
        acting jointly.

SEC. 3. SPECIAL RESOURCE STUDY.

  (a) In General.--The Secretaries shall conduct a study of Camp Hale 
to determine--
          (1) the suitability and feasibility of designating Camp Hale 
        as a unit of the National Park System, in accordance with 
        section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)); or
          (2) any other designation or management option that would 
        provide for the protection of resources within Camp Hale, 
        including continued management of Camp Hale by the Forest 
        Service.
  (b) Required Analysis.--The study under subsection (a) shall include 
an analysis of--
          (1) the significance of Camp Hale in relation to national 
        security during World War II and the Cold War, including--
                  (A) the use of Camp Hale for training of the 10th 
                Mountain Division and other elements of the United 
                States Armed Forces; and
                  (B) the use of Camp Hale for training by the Central 
                Intelligence Agency of Tibetan refugees seeking to 
                resist the Chinese occupation of Tibet;
          (2) opportunities for public enjoyment and recreation at Camp 
        Hale; and
          (3) any operational, management, or private property issues 
        relating to Camp Hale.
  (c) Congressional Intent.--It is the intent of Congress that, in 
conducting the study under subsection (a), the Secretaries not propose 
any designation that would affect valid existing rights, including--
          (1) all interstate water compacts in existence on the date of 
        enactment of this Act (including full development of any 
        apportionment made in accordance with the compacts);
          (2) water rights--
                  (A) decreed at Camp Hale; or
                  (B) flowing within, below, or through Camp Hale;
          (3) water rights in the State of Colorado;
          (4) water rights held by the United States; and
          (5) the management and operation of any reservoir, including 
        the storage, management, release, or transportation of water.

SEC. 4. REPORT.

  Not later than 3 years after the date on which funds are made to 
available to carry out this Act, the Secretaries shall submit to the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives--
          (1) the study conducted under section 3; and
          (2) any recommendations of the Secretaries relating to Camp 
        Hale.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated such sums as are necessary to 
carry out this Act.

                                PURPOSE

    The purpose of H.R. 2330 is to authorize the Secretary of 
the Interior to carry out a study to determine the suitability 
and feasibility of establishing Camp Hale in Colorado as a unit 
of the National Park System.

                          BACKGROUND AND NEED

    Camp Hale was established during World War II as a training 
facility for the Army's 10th Mountain Division and for other 
elements of the U.S. Armed Forces. It is located in the 
mountains of central Colorado, near Leadville, in Eagle County, 
along the Eagle River. The geography of the area was ideal for 
winter and high-altitude training, because of the region's 
steep mountains and valley below, which was suitable for 
housing.
    From 1942 to 1965, the 10th Mountain Division and the 38th 
Regimental Combat Team, 99th Infantry Battalion, and soldiers 
from Fort Carson were trained at Camp Hale. Throughout this 
time, the Army tested a variety of weapons and equipment at 
Camp Hale. Between 1956 and 1965, the camp was also used by the 
Central Intelligence Agency as a secret center for training 
Tibetan refugees in guerilla warfare to resist the Chinese 
occupation of their mountainous country.
    In July 1965, Camp Hale was deactivated and control of the 
lands was returned to the Forest Service in 1966. Today the 
camp is part of the White River and San Isabel National 
Forests. The U.S. Army Corps of Engineers is working to clean 
up potentially hazardous munitions left over from weapons 
testing at the camp, particularly in the East Fork. Camp Hale 
was placed on the National Register of Historic Places in 1992.
    H.R. 2330 would direct the Secretary of the Interior to 
study the feasibility and suitability of establishing Camp Hale 
as a unit of the national park system.

                          LEGISLATIVE HISTORY

    H.R. 2330, sponsored by Rep. Lamborn, passed the House of 
Representatives by a voice vote on June 2, 2009. The House of 
Representatives also passed similar legislation in the 110th 
Congress, H.R. 3336, by a voice vote on September 22, 2008.
    Companion legislation, S. 1418, was introduced by Senators 
Mark Udall and Bennet on July 8, 2009. The Subcommittee on 
National Parks held a hearing on both bills on July 22, 2009 
(S. Hrg. 111-129.) On December 16, 2009, the Committee on 
Energy and Natural Resources ordered H.R. 2330 favorably 
reported with an amendment in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on December 16, 2009, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 2330, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 2330, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment adds a section defining key terms in the bill, makes 
clarifying changes relating to the special resource study, and 
adds a section authorizing necessary appropriations. In 
addition, the amendment includes a provision that it is the 
intent of Congress that the Secretary of Agriculture and the 
Secretary of the Interior not propose any designation that 
would affect valid existing rights when conducting the resource 
study. The amendment is explained in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title for the bill, the ``Camp 
Hale Study Act''.
    Section 2 defines key terms used in the bill.
    Section 3 directs the Secretary of Agriculture and the 
Secretary of the Interior (the Secretaries) to conduct a study 
of Camp Hale to determine the suitability and feasibility of 
designating the site as a unit of the National Park System or 
any other designation or management option that would protect 
the resources within Camp Hale. The study shall include 
analysis relating to the history of the area, opportunities for 
public enjoyment and any management issues. The section also 
provides that it is the intent of Congress, in conducting the 
study, that the Secretaries not propose any designation that 
would affect valid existing rights.
    Section 4 requires the Secretaries to submit the study and 
any recommendations relating to Camp Hale to the House and 
Senate authorizing committees no later than 3 years after the 
date funds are made available.
    Section 5 authorizes the necessary appropriations to carry 
out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

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

H.R. 2330--Camp Hale Study Act

    H.R. 2330 would require the National Park Service (NPS) and 
U.S. Forest Service to conduct a study of Camp Hale, a former 
military training area in Colorado, to determine the 
feasibility and suitability of designating the site as a unit 
of the National Park System or using some other means of 
protecting the camp. Based on information provided by the NPS 
and assuming the availability of appropriations, CBO estimates 
that conducting the required study would cost less than 
$500,000 over the next three years. Enacting H.R. 2330 would 
not affect revenues or direct spending.
    H.R. 2330 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, 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 H.R. 2330.
    The Act 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. 2330.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 2330, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior 
was included in testimony received by the Committee at a 
hearing on S. 1418 and H.R. 2330 on July 22, 2009.

 Statement of Daniel N. Wenk, Acting Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to appear before you today to present the 
Department of the Interior's views on S. 1418 and H.R. 2330, 
the Camp Hale Study Act. The U.S. Forest Service (White River 
National Forest) currently manages Camp Hale as a part of the 
National Forest System.
    The Department supports both S. 1418 and H.R. 2330, with an 
amendment to section two to include the U.S. Forest Service in 
a joint study with the National Park Service for the future 
management of Camp Hale and to delete section three. However, 
we feel that priority should be given to the 47 previously 
authorized studies for potential units of the National Park 
System, potential new National Heritage Areas, and potential 
additions to the National Trails System and National Wild and 
Scenic River System that have not yet been transmitted to 
Congress.
    S. 1418 and H.R. 2330 are almost identical and both bills 
would authorize the Secretary of the Interior (Secretary), to 
conduct a special resource study to determine the suitability 
and feasibility of designating Camp Hale as a unit in the 
National Park System. The study would also determine the 
methods and means for protection and interpretation of the Camp 
Hale site by the National Park Service, other federal, State, 
or local government entities, or private or nonprofit 
organizations. Not later than three years after funds are made 
available, the Secretary is directed to submit the results and 
recommendations of the study to Congress. The bill includes 
language to assure the study would not impact valid existing 
water rights in place upon the date of enactment. S. 1418 also 
specifies that the study would not impact the ability to 
construct and operate infrastructure necessary to develop and 
use those water rights. We estimate that this study will cost 
approximately $300,000.
    Located in and managed by the White River National Forest, 
in west-central Colorado, Camp Hale was established in 1942 to 
provide winter and mountain warfare training during World War 
II, because of the natural setting of a large, flat valley 
bottom, surrounded by steep hillsides suitable for training in 
skiing, rock climbing and cold weather survival skills. The 
size of Camp Hale varied between 5,000 and 247,243 acres when 
it was an active military installation.
    Managed by the U.S. Forest Service (White River National 
Forest), The Camp Hale Formerly Used Defense Site, is now used 
year-round by the public as a recreation area and is included 
on the National Register of Historic Places.
    Since the time Camp Hale was used for military training, 
there have been numerous discoveries of unexploded ordinance 
(UXO) there. As recently as 2003, during efforts to contain a 
wildfire, UXO used during the training of U.S. troops in World 
War II was found on the site.
    Efforts to remediate public risk from any remaining UXO at 
Camp Hale continue. The funding for any response actions at 
Camp Hale will depend on how the UXO sites there rank 
nationally. Depending on that rank, and available federal 
dollars, the remedial investigations for some or all Camp Hale 
munitions may not occur for several years. The Colorado 
Department of Public Health and Environment has discussed 
evaluating the hazard liabilities and remediating the site with 
the U.S. Army Corps of Engineers prior to a transfer.
    The story of Camp Hale and the men and women who trained 
there reflects the adaptability our nation showed during the 
last World War. Many of those who trained there went on to 
develop alpine skiing as a recreational activity, significantly 
influencing the economy of Colorado and many other western 
States. Studying and determining how best to preserve and 
protect Camp Hale and to commemorate the sacrifice and heroism 
so many Americans exhibited as a result of their training is 
laudable.
    We suggest that both bills be amended in section two to 
include the U.S. Forest Service in the study to determine the 
future of Camp Hale and to remove section three, which includes 
language concerning water rights. The study recommended in both 
bills would examine the suitability and feasibility of 
designating Camp Hale as a unit in the National Park System, 
including evaluating all current uses and rights associated 
with the land. Since the bill only authorizes a study of the 
site, there is no possibility of the study having any affect on 
any water rights. As such, we believe the water rights language 
in both bills is unnecessary and redundant and we recommend the 
section be deleted.
    Mr. Chairman, this concludes my prepared remarks. I would 
be happy to answer any questions you or any other members of 
the subcommittee 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 Act H.R. 2330, as 
ordered reported.

                                  
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