59–010 

Calendar No. 334 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–189 

ELKHORN RANCH AND WHITE RIVER NATIONAL FOREST 

CONVEYANCE 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 S. 1942] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1942) to require a land conveyance involving 

the Elkhorn Ranch and the White River National Forest in the 

State of 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. 1942 is to require a land conveyance involving 

the Elkhorn Ranch and the White River National Forest in the 

State of Colorado. 

BACKGROUND AND NEED

Beginning in 1908, three families homesteaded near present-day 

Rifle, Colorado, and for decades legally owned portions of the 148 

acres identified in this bill. Shortly before the acreage was originally patented into private ownership, the General Land Office 

placed the homesteads in Section 18 with east-west fence lines, 

which conform to the present-day fence lines. In 1949, a new government survey was completed for the area that placed the boundary line at an angle rather than on a true east-west line. This resurvey led to the inclusion of 148 acres in the White River National 

Forest rather than in private ownership. The landowners were 

never contacted concerning the resurvey and were unaware that 

their title to the land had been called into question. Since that 

time, the property, commonly called ‘‘Elkhorn Ranch’’ has changed 


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hands several times, most recently in 1998 when the GordmanLeverich Partnership purchased the ranch. 

In 2002, the boundary and title discrepancy came to light. The 

Surveyor of the White River National Forest began to examine the 

conflicting surveys and issued a report in 2014, ‘‘Short Summary 

of Boundary Status—Beaver Creek; Sections 18 and 19, T. 7 S. R. 

93 W., 6th PM.,’’ confirming that the original patents were based 

on a proper survey. The report recommended a legislative boundary 

adjustment to correct the survey discrepancy and return the acreage to the rightful private landowner. 

The Bureau of Land Management issued Federal oil and gas 

lease COC–75070 in 2011. This lease includes part of Elkhorn 

Ranch. S. 1942 recognizes the lease as a valid existing right and 

reserves to the United States the right to collect rent and royalty 

payments from this lease. 

Since 1909, the law has guaranteed that resurveys are not to 

‘‘impair the bona fide rights or claims of any claimant, entryman, 

or owner of lands affected by such resurvey or retracement’’ (43 

U.S.C. 772). The U.S. Forest Service (USFS) has never managed 

the 148-acre parcel as national forest system land. For decades, the 

landowners have paid property taxes on the land, made improvements to it, and used it for agricultural and ranching purposes. 

The parcel is currently fenced as part of the ranch and is occupied 

by stock ponds, roads, and other improvements. 

By transferring the 148-acre parcel to Gordman-Leverich Partnership, S. 1942 would correct a long-standing survey discrepancy 

and provide a free and clear title to the land subject to valid, existing rights, including the existing Federal oil and gas lease. 

LEGISLATIVE HISTORY

In the House of Representatives, an identical companion bill to 

S. 1942, H.R. 1554, was introduced by Representatives Tipton and 

Polis on March 23, 2015. On June 16, 2015, the House Natural Resources Subcommittee on Federal Lands held a hearing on H.R. 

1554, and the Natural Resources Committee ordered the bill reported on July 9, 2015. The House of Representatives passed H.R. 

1554 under suspension of the rules by a voice vote on September 

16, 2015. H.R. 1554 was received in the Senate and referred to the 

Committee on Energy and Natural Resources on September 17, 

2015. 

S. 1942 was introduced by Senator Gardner on August 5, 2015. 

Senator Bennet is a cosponsor. The Subcommittee on Public Lands, 

Forests, and Mining held a hearing on S. 1942 and H.R. 1554 on 

October 8, 2015. 

On November 19, 2015, the Committee on Energy and Natural 

Resources met in open business session and ordered both S. 1942 

and H.R. 1554 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 S. 

1942. 


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SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, ‘‘Elkhorn Ranch and White 

River National Forest Conveyance Act of 2015.’’ 

Section 2(a) conveys approximately 148 acres of Federal land to 

the Gordman-Leverich Partnership. Section 2(b) subjects the conveyance to valid existing rights, including oil and gas lease COC– 

75070, and reserves for the United States the right to collect rent 

and royalty payments on existing oil and gas leases. Section 2(c) 

makes clear that the conveyance does not modify the existing 

boundaries of the White River National Forest or Sections 18 and 

19 of Township 7 South. Section 2(d) specifies that the conveyance 

should be completed within 180 days following enactment of the 

Act, and that all costs related to surveying, platting, or other activities to process the conveyance shall be paid by the GordmanLeverich Partnership. 

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 7, 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 S. 1942, the Elkhorn Ranch 

and White River National Forest Conveyance 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. 

S. 1942—Elkhorn Ranch and White River National Forest Conveyance Act of 2015 

S. 1942 would require the Forest Service to convey 148 acres of 

federal lands in Colorado to a private entity. Under the bill, the 

federal government would retain the right to collect rent and royalty payments from an existing oil and gas lease on those lands; 

however, if that lease expires, the Bureau of Land Management 

(BLM) would not be allowed to offer the parcel for lease. Because 

CBO expects that enacting the bill could reduce offsetting receipts, 

which are treated as reductions in direct spending, from bonus bids 

over the next 10 years, pay-as-you-go procedures apply. However, 

we estimate that net bonus bids from the affected parcel would 

total less than $500,000 over that period. Enacting the bill would 

not affect revenues. 

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. 

In 2012, BLM issued a federal oil and gas lease on a portion of 

the affected lands. If the firm holding that lease takes certain steps 


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to begin producing oil and gas before the lease is set to expire in 

2022, the firm would retain the lease until production ended. 

Under current law and under the bill, the federal government 

would collect rent and any royalties generated from oil and gas produced on that lease, and 49 percent of those proceeds would be paid 

to the state of Colorado. In that case, enacting the bill would have 

no effect on direct spending. 

If the lease expires in 2022, BLM could offer the parcel for lease 

after that date under current law. However, the agency could not 

offer the affected parcel for lease under the bill. Because CBO has 

no basis for determining how the relevant parties would respond if 

the lease were allowed to expire, our estimate reflects a point within a range of possible outcomes. Based on the amount paid for the 

lease in 2012 ($335,000), CBO estimates that enacting the bill 

would reduce receipts by less than $500,000 over the 2022–2025 

period. 

S. 1942 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On September 9, 2015, CBO transmitted a cost estimate for H.R. 

1554, the Elkhorn Ranch and White River National Forest Conveyance Act of 2015, as ordered reported by the House Committee on 

Natural Resources on July 9, 2015. The two pieces of legislation 

are similar, and the estimated costs are the same. 

The CBO staff contact for this estimate is Jeff LaFave. The 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. 1942. 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. 1942, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1942, 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 USFS at the October 8, 2015, 

Subcommittee on Public Lands, Forests, and Mining hearing on S. 

1942 follows: 


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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+ 


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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 


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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. 

Æ 


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