[House Report 114-689]
[From the U.S. Government Publishing Office]


114th Congress   }                                       {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                       {     114-689

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



 
                     BOLTS DITCH ACCESS AND USE ACT

                                _______
                                

 July 14, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4510]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4510) to insure adequate use and access to the 
existing Bolts Ditch headgate and ditch segment within the Holy 
Cross Wilderness in Eagle County, Colorado, and for other 
purposes, 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. 4510 is to ensure adequate use and 
access to the existing Bolts Ditch headgate and ditch segment 
within the Holy Cross Wilderness in Eagle County, Colorado.

                  BACKGROUND AND NEED FOR LEGISLATION

    Congress inadvertently included the existing Bolts Ditch 
diversion structure and approximately 450 feet of Bolts Ditch 
within the Holy Cross Wilderness Area when it passed the 
Colorado Wilderness Act in 1980. Since 1882, the structure and 
ditch have continuously delivered water to Bolts Lake. Bolts 
Ditch is the only physical source of water that can fill Bolts 
Lake by gravity instead of pumping, with the attendant cost and 
use of energy.
    Bolts Lake is an off-stream reservoir located outside the 
Wilderness boundary and originally served as a fishing and 
recreation site. Bolts Lake is designed for upgrades in the 
future to store the town of Minturn's municipal water and 
support the town's municipal water supply and augmentation 
needs.
    Questions have arisen with respect to continued use, 
maintenance and repair of the Bolts Ditch headgate and Bolts 
Ditch segment within the Wilderness, and the town cannot 
currently use Bolts Ditch to fill Bolts Lake with its municipal 
water rights. Therefore, the town seeks to obtain authorization 
from Congress to use Bolts Ditch to fill Bolts Lake in 
accordance with a settlement.
    H.R. 4510 directs the Secretary of Agriculture to issue a 
special use permit to the town of Minturn, Colorado, to 
maintain the Bolts Ditch headgate for the diversion of water, 
and use, maintenance, and repair of the ditch.

                            COMMITTEE ACTION

    H.R. 4510 was introduced on February 9, 2016, by 
Congressman Jared Polis (D-CO). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On February 25, 2016, the 
Subcommittee held a hearing on the bill. On June 14, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. No amendments 
were offered and the bill was ordered favorably reported to the 
House of Representatives by unanimous consent on June 15, 2016.

            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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 11, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4510, the Bolts 
Ditch Access and Use Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4510--Bolts Ditch Access and Use Act

    H.R. 4510 would require the Forest Service to provide a 
special use authorization to the town of Mintum, Colorado, to 
allow the town to manage and maintain a headgate used to divert 
water to Bolts Lake. Based on information from the Forest 
Service, CBO estimates the enacting the bill would increase 
offsetting receipts from annual fees associated with the 
authorization by about $150 a year; therefore pay-as-you-go 
procedures apply. Enacting the bill would not affect revenues.
    CBO estimates that enacting the bill would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    H.R. 4510 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the town of Minturn, Colorado by facilitating the 
maintenance of the town's water supply. Any costs the town 
might incur in the process of maintaining its water supply 
would result from voluntary commitments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, 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. According to the 
Congressional Budget Office (CBO), implementing H.R. 4510 would 
``increase offsetting receipts from annual fees associated with 
the authorization by about $150 a year''. CBO estimates that 
the bill ``would not increase net direct spending or on-budget 
deficits in any of the four consecutive 10 year periods 
beginning in 2027''.
    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 ensure adequate use and access to 
the existing Bolts Ditch headgate and ditch segment within the 
Holy Cross Wilderness in Eagle County, 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

    This bill does not amend existing law.

                                  [all]