[Senate Report 113-58]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 112
113th Congress                                                   Report
                    }            SENATE          {
 1st Session                                                     113-58
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               CARSON NATIONAL FOREST BOUNDARY ADJUSTMENT

                                _______
                                

                 June 27, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 312]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 312) to adjust the boundary of the Carson 
National Forest, New Mexico, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                PURPOSE

    The purpose of S. 312 is to adjust the boundary of the 
Carson National Forest in Taos County, New Mexico, to 
incorporate the Miranda Canyon property.

                          BACKGROUND AND NEED

    The 4,990-acre Miranda Canyon property--located south of 
Taos, New Mexico, and directly adjacent to the Carson National 
Forest--ranges in elevation from 7,200 to 10,800 feet. The 
property has various vegetative types from low elevation 
sagebrush and pinion juniper to high elevation mixed conifer 
forest containing large aspen stands. There also are numerous 
meadows and riparian areas that provide excellent habitat for 
wildlife.
    The landscape has numerous ridges and peaks that provide 
views of the Rio Grande Gorge to the west and of Wheeler Peak, 
the highest peak in New Mexico, to the north. Picuris Peak is 
located on the property along a popular hiking route. The 
property also contains historical features such as the Old 
Spanish Trail, a pack mule trail that served as a link between 
land-locked New Mexico and coastal California between 1829 and 
1848, when other routes became more popular. Recognizing the 
national significance of this historic trade route, Congress 
designated it the Old Spanish National Historic Trail in 2002. 
Other geological features on the property include a unique 
small volcano and 1.7 billion-year-old rock outcrops that rival 
the age of rock found at the bottom of the Grand Canyon.
    There is substantial local support for protecting the 
property through Federal acquisition, and it has been 
identified as a top priority for acquisition by the Forest 
Service. In its Fiscal Year 2012 Budget Justification, the 
Forest Service requested funding to acquire Phase I of the 
Miranda Canyon property, and the Fiscal Year 2012 Consolidated 
Appropriations Act (P.L. 112-74) allocated funding for this 
request. Funding for Phase II has been requested in the Forest 
Service's Fiscal Year 2013 Budget Justification. The 
incorporation of the Miranda Canyon property into the boundary 
of the Carson National Forest would allow the Forest Service to 
complete this land acquisition using discretionary funding 
through the Land and Water Conservation Fund in order to 
protect the property's scenic and historical features and open 
the area to the public for recreational use.

                          LEGISLATIVE HISTORY

    S. 312 was introduced by Senators Udall of New Mexico and 
Martin Heinrich on February 13, 2013. The Subcommittee on 
Public Lands, Forests, and Mining held a hearing on S. 312 on 
April 25, 2013. At its business meeting on May 16, 2013, the 
Committee reported the bill favorably without amendment.
    In the 112th Congress, similar legislation, S. 1687 was 
introduced by Senators Bingaman and Udall. The Subcommittee on 
Public Lands and Forests held a hearing on S. 1687 on March 22, 
2012 (S. Hrg. 112-642). A similar version, S. 3822, was 
introduced by Senator Bingaman in the 111th Congress and a 
hearing was held on September 29, 2010 (S. Hrg. 111-721).

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 16, 2013, by a voice vote of a 
quorum present, recommends that the Senate pass S. 312. 
Senators Murkowski, Barrasso, Risch, Lee, Heller, Flake, Scott, 
Alexander, Portman, and Hoeven requested to be recorded as 
voting no.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, the ``Carson National 
Forest Boundary Adjustment Act of 2013''.
    Section 2(a) adjusts the boundary of the Carson National 
Forest in Taos County, New Mexico by incorporating the 
approximately 4,990-acre parcel known as Miranda Canyon.
    Subsection (b) states that for purposes of the Land and 
Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the 
boundary of the Carson National Forest, as modified by this 
Act, will be considered the existing boundary of the forest on 
January 1, 1965.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 312--Carson National Forest Boundary Adjustment Act of 2013

    S. 312 would modify the boundary of the Carson National 
Forest to include 5,000 acres of private land. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget. We expect that any 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. 
Enacting S. 312 would not affect direct spending or revenues; 
therefore, pay-as-you-go procedures do not apply.
    S. 312 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.

                      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. 312.
    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. 312, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 312, as 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 Forest Service at the April 25, 
2013, Subcommittee on Public Lands, Forests, and Mining hearing 
on S. 312 follows:

  Statement of James M. Pena, Associate Deputy Chief, National Forest 
           System, Forest Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and members of the 
Committee, thank you for inviting me here today to testify 
regarding S. 312, the Carson National Forest Boundary 
Adjustment Act of 2013.
    S. 312 would modify the boundaries of the Carson National 
Forest in the State of New Mexico to include approximately 
5,000 acres of private land known as ``Miranda Canyon'' that is 
adjacent to the existing National Forest boundary. The 
Department supports the adjustment of the boundary because it 
will create an opportunity for the acquisition of Miranda 
Canyon property as part of the Carson National Forest.
    The Trust for Public Land currently owns most of the 
Miranda Canyon Property and will purchase the rest from Weimer 
Properties by the end of the year. It is located approximately 
four miles south of Taos, New Mexico. Weimer Properties spent 
several years proposing to develop a subdivision and seeking to 
acquire approval from the Taos County Board of Commissioners. 
Approval of the subdivision was not granted and the Taos County 
Commissioners requested the New Mexico Congressional delegation 
consider placing this land under the stewardship of the U.S. 
Forest Service.
    The Miranda Canyon Property is an expansive piece of 
property that ranges in elevation from 7,200 ft. to 10,800 ft. 
The property has various vegetative types from low elevation 
sagebrush and pinion--juniper to high elevation mixed conifer 
forest including large aspen clones. The landscape has numerous 
ridges and peaks that provide breathtaking views of the Rio 
Grande Gorge to the west and of Wheeler Peak (highest peak in 
New Mexico) to the north. The property contains historical 
features such as the Camino Real Trail and unique geologic 
features such as a small volcano and Miranda granite--1.7 
billion year old rock outcrops that rival the age of rock found 
at the bottom of the Grand Canyon. There are also numerous 
meadows and riparian vegetation that provide excellent habitat 
for wildlife.
    The proposed boundary adjustment has wide grass roots 
support from the local residents, the Taos County Board of 
Commissioners, the Village of Taos, and local Native American 
Tribes and Pueblos. To date, there has been no opposition 
voiced to adjusting the boundary of the Carson National Forest. 
The adjustment of the Forest boundary would open the door to 
the potential federal acquisition of Miranda Canyon from a 
willing seller. The cost of acquiring the Miranda Canyon 
property would be approximately $10,500,000, subject to the 
availability of appropriations. The properties are in the 
process of a conservation sale to the United States through an 
agreement with the Trust for Public Lands, a 3rd party non-
profit organization. This agreement keeps the property from 
being developed or sold on the open market until funding is 
appropriated. The acquisition would provide additional 
recreation opportunities for hunting, sightseeing, camping, 
hiking, interpretation, and horseback riding for the public.
    Thank you for the opportunity to testify is support of S. 
312. The Department supports the acquisition of the Miranda 
Canyon property because it would make an outstanding addition 
to the National Forest System.
    This concludes my testimony and 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 S. 312, as ordered 
reported.

                                  
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