**STATEMENT OF**

**JOEL HOLTROP**

**DEPUTY CHIEF, NATIONAL FOREST SYSTEM**

**UNITED STATES FOREST SERVICE**

**BEFORE THE**

**UNITED STATES SENATE**

**COMMITTEE ON ENERGY AND NATURAL RESOURCES**

**SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS**

**April 22, 2008**

**CONCERNING**

**S. 934/H.R. 1374 - to amend the Florida National Forest Land
Management Act of 2003 to authorize conveyance of an additional tract of
National Forest System land under that Act, and for other purposes;
and**

**S. 2834 -- Washington County Growth and Conservation Act of 2008**

Mr. Chairman and members of the Subcommittee:

Thank you for the opportunity to provide the Department's views on two
bills on the agenda today. My testimony will be regarding S. 934 and S.
2834.

[S. 934/H.R. 1374 - to amend the Florida National Forest Land Management
Act of 2003 to authorize conveyance of an additional tract of National
Forest System land under that Act, and for other purposes.]{.underline}

S. 934/H.R. 1374 would amend the Florida National Forest Land Management
Act of 2003 to authorize the conveyance, for fair market value, of 114
acres (Tract W-1979; Flea Market Tract) in Leon County, Florida.
Proceeds from the sale of Tract W-1979 are to be used exclusively for
the purchase of inholdings located within the Apalachicola National
Forest. The bill also provides that proceeds from the sale of any of the
other parcels listed in the 2003 Act may be used for the acquisition,
construction, or maintenance of administrative improvements for units of
the National Forest System (NFS) within the State, except that the bill
further directs that only proceeds from the sale of lands with improved
infrastructure may be used for administrative improvements.

The Department supports this bill but would like to work with the
Committee and the bill's sponsors on amendments that focus the use of
funds derived from sales in a manner that comports with the original
Act. Tract W-1979 (Flea Market Tract) has been on the National Forests
in Florida's potential exchange list for more than 10 years. It is a
developed parcel of land in an urban area which lacks National Forest
character. The conveyance of this tract will reduce boundary management
costs and allow for the purchase of high priority endangered species
habitat, critical wetlands, and potential recreation areas for the
public.

[S. 2834 -- Washington County Growth and Conservation Act of
2008]{.underline}

S. 2834 pertains to various NFS, Bureau of Land Management (BLM), and
National Park Service (NPS) lands in Washington County, Utah. I will
limit my remarks to the provisions of the bill related to the NFS lands
and will defer to the Department of the Interior on provisions relating
to the lands managed by the BLM and the NPS.

S. 2834 would designate new wilderness areas, including 2,643 acres of
NFS land on the Dixie National Forest as the "Cottonwood Forest
Wilderness," provide for trail maintenance, travel management planning,
conservation projects, establish the High Desert Off-Highway Vehicle
Trail, and prescribe certain management objectives in wilderness areas
designated in this bill. It would also direct the conveyance of 112
acres of land on the Dixie National Forest to Mr. Kirk R. Harrison. The
Department does not oppose S. 2834, although we have concerns regarding
some of the bill's provisions.

The proposed wilderness area is scenic, rugged, and has a rich diversity
of narrow canyons providing excellent opportunity for solitude and
primitive recreational experiences. It also possesses a special feature
by virtue of its location adjacent to a desert tortoise reserve. In
addition, the area is contiguous to BLM land that would be designated by
the bill as the "Cottonwood Canyon Wilderness." The Dixie National
Forest has determined that the area is suitable for wilderness. However,
in the revision of its forest plan, the Forest expects to propose that
the area be managed as a "Backcountry Area." This classification is
similar to wilderness, but differs because it would allow a mix of
motorized and non-motorized recreation to take advantage of the unique
recreation opportunities that exist in the area.

The Department requests a technical amendment to the bill in Title I --
Wilderness Areas which is needed for clarification. The bill defines the
term "Secretary" as the Secretary of the Interior. Accordingly, Section
102(a)(2) could be interpreted to mean the Secretary of the Interior
would manage the area of NFS lands designated as the "Cottonwood Forest
Wilderness" by Section 101(a)(5). We suggest adding "Agriculture" to the
language "...shall be considered to be a reference to the Secretary" to
clarify that NFS lands under the jurisdiction of Agriculture would
continue to be managed by the Secretary of Agriculture.

Section 102 of the bill includes some provisions regarding the
management of the areas designated as wilderness that are either
unnecessary or would change the direction that would otherwise apply
under the Wilderness Act of 1964. The Department prefers to follow the
provisions of the Act. The Department objects to the provisions in
Section 102(l), which would permanently authorize the State's use of
aircraft in wilderness for wildlife management purposes, and Section
102(m), which would authorize wildlife water development projects. The
Forest Service currently subjects proposed uses of wilderness to review
on a case-by-case basis, allowing for cooperatively working with
partners to balance use in compliance with the Wilderness Act.

Section 102(n) would direct the Secretaries to enter into a cooperative
agreement under which the State or designee of the State would carry out
wildlife management activities in wilderness areas designated by this
title. The Department does not oppose this provision. The Forest Service
has signed a cooperative agreement with the Association of Fish and
Wildlife Agencies and the BLM that outlines policies and guidelines for
fish and wildlife management in wilderness areas, including protocols
for managing nonconforming uses (titled "Policies and Guidelines for
Fish and Wildlife Management in National Forest and Bureau of Land
Management Wilderness" and dated June 2006). It demonstrates a common
understanding between the States and Federal agencies. The agreement
also allows for similar State-specific agreements if needed. The
Department believes that this national agreement provides a mutually
agreed upon method to address management issues, and it would be our
preference to develop any State agreement in accordance with it to
maintain a consistent approach.

Section 603 of the bill would direct the Secretary of the Interior, in
coordination with the Secretary of Agriculture, to designate the High
Desert Off-Highway Vehicle Trail based on existing roads and trails. The
Department does not oppose the trail designation. However, the
Department is concerned about the cost of repair and the reconstruction
of existing trails that the designation could require. This work has not
been a priority trail reconstruction project for the Forest.

Section 1002 of the bill would direct the Secretary of Agriculture to
convey, for fair market value, 112 acres of land to Mr. Kirk R.
Harrison, a private landowner. The Department is concerned with this
section of the bill. The lands in question are currently the subject of
Small Tracts Act applications by Mr. Harrison. While we support selling
Mr. Harrison approximately 21 acres, which would include his entire
original applications for the Spring Field, Platt Field, and Reservoir
Field land areas, we do not support conveyance of any additional acres.
However, we would like to continue to work with the sponsor and the
Committee to resolve this concern. In addition, we would like to suggest
a technical correction for this section.

Mr. Chairman, again thank you for the opportunity to discuss both S. 934
and S. 2834. I am happy to answer any questions you may have.