[Senate Report 114-194]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 339
114th Congress    }                                      {      Report
                                 SENATE
 1st Session      }                                      {     114-194

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



 
        ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2015

                                _______
                                

               December 16, 2015.--Ordered to be printed

                                _______
                                

  Ms. Murkowski, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1324]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1324) to adjust the boundary of the 
Arapaho National Forest, Colorado, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of H.R. 1324 is to adjust the boundary of the 
Arapaho National Forest, Colorado.

                          BACKGROUND AND NEED

    Between Rocky Mountain National Park and the Bowen Gulch 
Protection Area on the Arapaho National Forest is a 10-lot 
subdivision known as the ``Wedge.'' The Rocky Mountain Nature 
Association and the Trust for Public Land, in partnership with 
the U.S. Forest Service and the National Park Service, have 
worked for 20 years to acquire these Wedge lots, which are part 
of the Colorado River headwaters and are highly visible from 
Trail Ridge Road, the main road that traverses Rocky Mountain 
National Park. Currently, the Forest Service owns seven of the 
Wedge lots but these parcels do not have national forest status 
as the boundary of Arapaho National Forest has never been 
adjusted to include the lots within the Arapaho National 
Forest.
    H.R. 1324 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. Owners 
of non-Federal lands within the new 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.
    H.R. 1324 requires the Secretary of Agriculture to obtain 
written permission from the private land owners of the lots to 
include the lots within the new boundary. The bill also 
authorizes the Secretary of Agriculture to acquire non-Federal 
lands from willing sellers within the new boundary.
    Completion of these acquisitions would ensure the 
protection of the view shed of Rocky Mountain National Park and 
the resource values of the Bowen Gulch Protection Area within 
the Arapaho National Forest. Without financial support from the 
Land and Water Conservation Fund (LWCF), the only options 
available to the Federal government to acquire the remaining 
parcels are through existing administrative authorities, such 
as donation or exchange. These administrative authorities, 
however, are only available if Congress modifies the boundary 
of the Arapaho National Forest to include the Wedge within the 
national forest. H.R. 1324 accomplishes this boundary 
adjustment.

                          LEGISLATIVE HISTORY

    In the 113th Congress, the House introduced a similar bill 
to H.R. 1324, H.R. 4846, on June 11, 2014. The House Natural 
Resources Subcommittee on Public Lands and Environmental 
Regulation held a hearing on the bill on September 9, 2014, and 
the Natural Resources Committee ordered the bill reported as 
amended on September 18, 2014. The House of Representatives 
passed H.R. 4846 as amended under suspension of the rules on 
November 13, 2014.
    H.R. 1324 was introduced in the 114th Congress by 
Representative Polis on March 4, 2015. On March 25, 2015, the 
House Natural Resources Committee ordered H.R. 1324 reported. 
The House of Representatives passed H.R. 1324 under suspension 
of the rules by a vote of 381-30 on April 28, 2015. The bill 
was received by the Senate and referred to the Committee on 
Energy and Natural Resources.
    On May 12, 2015, Senators Bennet and Gardner introduced a 
similar bill, S. 1295. The Subcommittee on Public Lands, 
Forest, and Mining held a hearing on both H.R. 1324 and S. 1295 
on October 8, 2015.
    On November 19, 2015, the Committee on Energy and Natural 
Resources met in open business session and on a voice vote 
ordered H.R. 1324 favorably reported without amendment.

            COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 19, 2015, by a majority voice 
vote of a quorum present, recommends that the Senate pass H.R. 
1324.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title, ``Arapaho National 
Forest Boundary Adjustment Act of 2015.''
    Section 2(a) adjusts the boundary of the Arapaho National 
Forest to include approximately 92.95 acres. Privately owned 
lots may only be included within the boundary adjustment area 
if the Secretary obtains written permission for inclusion from 
the lot owners. Section 2(b) designates all Federal land within 
the boundary adjustment area as part of the Bowen Gulch 
Protection Area. Section 2(c) makes the boundary effective as 
of January 1, 1965, for purposes of LWCF (authorizing 
acquisition of lands within the boundaries of the national 
forest). Section 2(d) clarifies that nothing in the Act opens 
privately owned land within the boundary adjustment area to 
public motorized use. Section 2(e) allows for continued 
motorized access for the owners of non-Federal land within the 
boundary adjustment area to their private land across certain 
access points historically used by the owners.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 4, 2015.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1324, the Arapaho 
National Forest Boundary Adjustment Act of 2015.
    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. 1324--Arapaho National Forest Boundary Adjustment Act of 2015

    H.R. 1324 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. 1324 would not affect direct spending 
or revenues, pay-as-you-go procedures do not apply. CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2026.
    H.R. 1324 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On April 6, 2015, CBO transmitted a cost estimate for H.R. 
1324, the Arapaho National Forest Boundary Adjustment Act of 
2015, as ordered reported by the House Committee on Natural 
Resources on March 25, 2015. The two versions of the 
legislation are similar, and the estimated costs are the same.
    The CBO staff contact for this estimate is Jeff LaFave. 
This estimate was approved by H. Samuel Papenfuss, 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. 1324. 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 H.R. 1324, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 1324, 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 U.S. Forest Service at the 
October 8, 2015, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 1295, the Senate companion bill to H.R. 
1324, follows:

 Statement of Glenn Casamassa, Associate Deputy Chief, National Forest 
      System, U.S. Forest Service, U.S. Department of Agriculture

    Mr. Chairman and members of the Subcommittee, thank you for 
the opportunity to present the views of the U.S. Department of 
Agriculture (USDA) regarding S. 1295, S. 1448, S. 1941, and S. 
1942.


    s. 1295, the ``arapaho national forest boundary adjustment act''


    S. 1295 would modify the boundary of the Arapaho National 
Forest in the State of Colorado to incorporate approximately 
92.95 acres of land currently outside the proclaimed National 
Forest boundary. All Federal land within the new boundary would 
be included in the Bowen Gulch Protection Area established 
under section 6 of the Colorado Wilderness Act of 1993. S. 1295 
requires the Secretary to obtain written permission from the 
owners of lots to include the lots in the boundary adjustment. 
Private land owners have provided letters of support.
    The Federal lands within the new boundary would be closed 
to motorized use by the public. S. 1295 allows for continued 
motorized access over historical routes by owners of non-
Federal land within the new boundary.
    The Department supports S. 1295. It would provide National 
Forest status for parcels previously purchased. It would also 
allow the Forest Service to use its existing land exchange 
authorities to acquire additional parcels from willing 
landowners within the new boundary. Completion of these 
acquisitions would ensure protection of the Rocky Mountain 
National Park view-shed and the resource values of the Bowen 
Gulch Protection Area. We would also like to work with the 
Committee to clarify that motorized use for administrative 
purposes within the new boundary area is allowed.


 s. 1448, the ``frank moore wild steelhead sanctuary designation act''


    The Department supports S. 1448, which establishes the 
``Frank Moore Wild Steelhead Sanctuary''. The area proposed for 
designation (Steamboat Creek) represents the major spawning 
tributary for wild steelhead in the North Umpqua River, and 
serves as an important sanctuary for conservation and long term 
persistence of this highly valued fisheries resource. 
Scientific studies and data indicate this area provides an 
important thermal refuge for wild steelhead production in the 
basin. Its designation and associated watershed restoration 
activities will aid in promoting a resilient landscape for wild 
steelhead conservation into the future in the face of changing 
climate.
    Frank Moore is a legendary fly angler, wild fish 
conservationist, and World War II veteran who stormed the 
beaches of Normandy, France in 1944 for the D-Day allied 
invasion. He survived and together with his wife of 70+ years, 
Jeanne, built and were the long-time proprietors of the world-
renowned Steamboat Inn along the North Umpqua River. In 2010, 
Frank Moore was inducted into the Fresh Water Fishing Hall of 
Fame, and is also featured in the recent, critically acclaimed 
documentary ``Mending the Line.''
    This designation is a tribute to Frank Moore and his 
service to our country in more ways than one. In a TED Talk 
last year (TEDxPortland, May 15, 2014), one of the viewers 
commented: ``Absolutely amazing . . . I am 19 and my generation 
needs role models like this man.''


       s. 1941, the ``crags, colorado land exchange act of 2015''


    S. 1941 would require a land exchange between the United 
States and Broadmoor Hotel, Inc. (BHI). The United States would 
convey an 83 acre tract of National Forest System Land and a 
non-exclusive perpetual easement for access in exchange for a 
320 acre parcel and a permanent trail easement for a section of 
the Barr trail owned by BHI. Both exchange parcels are located 
within the Pike National Forest.
    The Department generally supports S. 1941 but would like to 
work with the committee on concerns with the bill. For example, 
we would like to help develop language that would ensure the 
northern boundary of the land conveyed is located to provide 
adequate space for Forest Service road maintenance and 
administration.
    The National Forest parcel that would be conveyed in the 
exchange has long been encumbered with significant resort 
improvements managed under special use authorization. In return 
for this parcel, the United States would receive an isolated 
inholding that the Forest Service has placed a high priority on 
acquiring. The inholding has significant recreational values 
and provides additional access for the public to the National 
Forest.
    As a result, the exchange will eliminate potentially 
significant development in a sensitive area in exchange for 
conveying Federal land where development impacts have already 
occurred. In addition, the United States would secure legal 
access on a segment of the very popular Barr trail. This trail 
provides an important recreational access to the Pike National 
Forest.


s. 1942, the ``elkhorn ranch and white river national forest conveyance 
                    act land exchange act of 2015''


    S. 1942 would direct the conveyance of a 148 acre parcel of 
National Forest System land to the Gordman-Leverich 
Partnership. The parcel is located within the White River 
National Forest.
    While the Administration has serious reservations about the 
use of Federal lands to compensate a private landowner, 
acknowledging the unusual circumstances in this specific case, 
the Department does not oppose S. 1942. The bill would resolve 
a long standing title issue associated with the property.
    A dependent resurvey, which is a survey dependent upon 
prior surveys of record, was completed in 1949, and established 
a property monument approximately 2,100 feet from the corner, 
relied upon by the original homesteaders. This meant that this 
parcel of national forest land had been managed as private 
land. 43 U.S.C. 772, enacted in 1909, provided for such 
resurveys and guaranteed that the bona fide rights of 
landowners would be protected.
    Because this land survey discrepancy only came to light 
within the past 15 years, and because the parcel has never been 
managed as National Forest, protection of the bona fide rights 
of the landowners is appropriate. Resolution of this title 
issue will end a long-standing title claim in an efficient, 
fair manner.
    This concludes my remarks. I would be happy to answer any 
questions. Thank you for the opportunity to testify.

                        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 as ordered 
reported.

                                  [all]