69–010 

Calendar No. 67 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–54 

ARAPAHO NATIONAL FOREST BOUNDARY ADJUSTMENT 

ACT OF 2017 

MAY 9, 2017.—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 S. 289] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 289) 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 S. 289 is to adjust the boundary of the Arapaho 

National Forest in Colorado. 

BACKGROUND AND NEED

Between Rocky Mountain National Park and the Bowen Gulch 

Protection Area on the Arapaho National Forest in the State of Colorado 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. 

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S. 289 would adjust the boundary of the Arapaho National Forest 

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 (Public Law 103–77). 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. 

S. 289 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, 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. S. 289 accomplishes this 

boundary adjustment. 

LEGISLATIVE HISTORY

S. 289 was introduced by Senators Bennet and Gardner on February 2, 2017. 

H.R. 688, an identical measure to S. 289, was introduced in the 

House of Representatives by Representatives Polis, Tipton, and 

Lamborn on January 24, 2017 and passed the House of Representatives by a voice vote on February 6, 2017. 

In the 114th Congress, H.R. 1324 was introduced 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. 

The measure was included in Amendment No. 3234, which the 

Senate agreed to on April 19, 2016, as an amendment to S. 2012, 

the Energy Policy and Modernization Act of 2016, which the Senate 

passed, as amended, on April 20, 2016. 

In the 113th Congress, a similar bill, H.R. 4846, was introduced 

in the House of Representatives by Representative Polis on June 

11, 2014. The House Natural Resources Committee’s Subcommittee 

on Public Lands and Environmental Regulation held a hearing on 

the bill on September 9, 2014, and the Natural Resources ComVerDate Sep 11 2014 05:28 May 10, 2017 Jkt 069010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR054.XXX SR054
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mittee 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. 

The Committee on Energy and Natural Resources met in open 

business session on March 30, 2017, and ordered S. 289 and H.R. 

688 favorably reported. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on March 30, 2017, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 289. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Arapaho National Forest 

Boundary Adjustment Act of 2017.’’ 

Section 2(a) adjusts the boundary of the Arapaho National Forest 

to include approximately 92.95 additional 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. 

Subsection (b) designates all Federal land within the boundary 

adjustment area as part of the Bowen Gulch Protection Area. 

Subsection (c) makes the boundary effective as of January 1, 

1965, for purposes of the Land and Water Conservation Fund Act 

(authorizing acquisition of lands within the boundaries of the national forest). 

Subsection (d) clarifies that nothing in the Act opens privately 

owned land within the boundary adjustment area to public motorized use. 

Subsection (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: 

S. 289—Arapaho National Forest Boundary Adjustment Act of 2017 

S. 289 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. 

Enacting S. 289 would not affect direct spending or revenues; 

therefore, 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 2028. 

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S. 289 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. 

On April 7, 2017, CBO transmitted a cost estimate for H.R. 688, 

the Arapaho National Forest Boundary Adjustment Act of 2017, as 

ordered reported by the Senate Committee on Energy and Natural 

Resources on March 30, 2017. S. 289 and H.R. 688 are similar and 

CBO’s cost estimate for each piece of legislation is 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 

S. 289. 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. 289, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 289, 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

Because S. 289 is similar to legislation considered by the Committee in the 114th Congress, the Committee did not request Executive Agency views. The testimony provided by the U.S. Forest 

Service at the hearing before the Subcommittee on Public Lands, 

Forests, and Mining hearing on October 8, 2015, 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 

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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. 

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. 

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