[House Report 113-616]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-616

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



 
        ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2014

                                _______
                                

 November 12, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4846]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4846) to adjust the boundary of the Arapaho 
National Forest, Colorado, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Arapaho National Forest Boundary 
Adjustment Act of 2014''.

SEC. 2. ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT.

  (a) In General.--The boundary of the Arapaho National Forest in the 
State of Colorado is adjusted to incorporate the approximately 92.95 
acres of land generally depicted as ``The Wedge'' on the map entitled 
``Arapaho National Forest Boundary Adjustment'' and dated November 6, 
2013, and described as lots three, four, eight, and nine of section 13, 
Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A 
lot described in this subsection may be included in the boundary 
adjustment only after the Secretary of Agriculture obtains written 
permission for such action from the lot owner or owners.
  (b) Bowen Gulch Protection Area.--The Secretary of Agriculture shall 
include all Federal land within the boundary described in subsection 
(a) in the Bowen Gulch Protection Area established under section 6 of 
the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
  (c) 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 Arapaho National Forest, as modified under 
subsection (a), shall be considered to be the boundaries of the Arapaho 
National Forest as in existence on January 1, 1965.
  (d) Acquisition.--The Secretary of Agriculture is authorized to 
acquire only by donation or exchange non-Federal lands within the 
boundary described in subsection (a).
  (e) Public Motorized Use.--Nothing in this Act opens privately-owned 
lands within the boundary described in subsection (a) to public 
motorized use.
  (f) Access to Non-Federal Lands.--Notwithstanding the provisions of 
section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) 
regarding motorized travel, the owners of any non-Federal lands within 
the boundary described in subsection (a) who historically have accessed 
their lands through lands now or hereafter owned by the United States 
within the boundary described in subsection (a) shall have the 
continued right of motorized access to their lands across the exiting 
roadway.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4846 is to adjust the boundary of the 
Arapaho National Forest, Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Arapaho National Forest Boundary Adjustment Act of 2014 
would adjust the boundary of the Arapaho National Forest in the 
State of Colorado to incorporate 92.95 additional acres. 
Federal land to be included in the new boundary will become 
part of the Bowen Gulch Protection Area established under 
section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 
539j).
    Owners of non-Federal lands within the expanded boundary 
who historically have accessed their lands through lands 
included in the Arapaho expansion would have continued right of 
motorized access to their lands across an existing roadway. The 
bill also authorizes the Secretary of Agriculture to acquire 
non-Federal lands within the boundary.
    During Natural Resources Committee markup, the bill was 
amended to require written permission of the landowner before a 
parcel of private land can be included within the expanded 
boundary. The amendment also requires that any land acquisition 
in the added area can be achieved ``only by donation or 
exchange,'' and the motorized use provision was clarified to 
ensure that the bill does not open privately-owned land to 
motorized trespass.

                            COMMITTEE ACTION

    H.R. 4846 was introduced on June 11, 2014, by Congressman 
Jared Polis (D-CO). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On September 9, 
2014, the Subcommittee held a hearing on the bill. On September 
18, 2014, the Full Natural Resources Committee met to consider 
the bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. Congressman Rob 
Bishop (R-UT) offered an amendment designated #1 to the bill; 
the amendment was adopted by unanimous consent. The bill, as 
amended, was then adopted and ordered favorably reported to the 
House of Representatives by unanimous consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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 bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. 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:

H.R. 4846--Arapaho National Forest Boundary Adjustment Act of 2014

    H.R. 4846 would modify the boundary of the Arapaho National 
Forest in Colorado to include an additional 93 acres of land. 
Based on information provided by the Forest Service, CBO 
estimates that implementing the legislation would have no 
significant effect on the federal budget. We expect that any 
additional costs to revise brochures, maps, and signs to 
reflect the new boundary would not be significant because such 
revisions would take place in conjunction with scheduled 
reprinting and routine maintenance. Because enacting H.R. 4846 
would not affect direct spending or revenues, pay-as-you-go 
procedures do not apply.
    H.R. 4846 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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 revenues or tax expenditures. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the legislation would have no significant effect 
on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to adjust the boundary of the Arapaho 
National Forest, Colorado.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.