[Senate Report 108-370]
[From the U.S. Government Publishing Office]
Calendar No. 729
108th Congress Report
SENATE
2d Session 108-370
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MONTANA NATIONAL FORESTS BOUNDARY ADJUSTMENT ACT OF 2004
_______
September 28, 2004.--Ordered to be printed
_______
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2408]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2408) to adjust the boundries of the
Helena, Lolo, and Beaverhead-Deerlodge National Forests in the
State of Montana, having considered the same, reports favorably
thereon with an amendment and recommends that the bill, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montana National Forests Boundary
Adjustment Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Forests.--The term ``Forests'' means the Helena National
Forest, Lolo National Forest, and Beaverhead-Deerlodge National
Forest in the State of Montana.
(2) Map.--The term ``map'' means--
(A) the map entitled ``Helena National Forest
Boundary Adjustment Northern Region, USDA Forest
Service'' and dated September 13, 2004;
(B) the map entitled ``Lolo National Forest Boundary
Adjustment Northern Region, USDA Forest Service'' and
dated September 13, 2004; and
(C) the map entitled ``Deerlodge National Forest
Boundary Adjustment Northern Region USDA Forest
Service'' and dated September 13, 2004.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. HELENA, LOLO, AND BEAVERHEAD-DEERLODGE NATIONAL FORESTS
BOUNDARY ADJUSTMENT.
(a) In General.--The boundaries of the Forests are modified as
depicted on the maps.
(b) Maps.--
(1) Availability.--The maps shall be on file and available
for public inspection in--
(A) the Office of the Chief of the Forest Service;
and
(B) the Office of the Regional Forester, Missoula,
Montana.
(2) Correction authority.--The Secretary may make technical
corrections to the maps.
(c) Administration.--Any land or interest in land acquired within the
boundaries of the Forests for National Forest System purposes shall be
managed in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (16 U.S.C. 480 et seq.); and
(2) the laws (including regulations) applicable to the
National Forest System.
(d) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Forests, as adjusted under subsection (a), shall
be considered to be the boundaries of the Forests as of January 1,
1965.
(e) Effect.--Nothing in this Act limits the authority of the
Secretary to adjust the boundaries of the Forests under section 11 of
the Act of March 1, 1911 (16 U.S.C. 521).
PURPOSE OF THE MEASURE
The purpose of S. 2408 is to adjust the boundaries of the
Helena, Lolo, and Beaverhead-Deerlodge National Forests in the
State of Montana.
BACKGROUND AND NEED
S. 2408 was introduced to enable a significant Federal land
acquisition and exchange proposal in the Blackfoot River Valley
to move forward. The project contemplates Federal acquisition
and management of nearly 88,000 acres of land in the Blackfoot
River watershed, including certain parcels outside the existing
National Forest boundaries, to ensure continued public uses of
these lands for recreation, hunting, livestock grazing, and
watershed protection. The boundary adjustment will facilitate
this acquisition, with the ultimate goal of consolidating
Federal ownership and improving forest management.
LEGISLATIVE HISTORY
S. 2408 was introduced by Senator Burns on May 11, 2004,
and the Subcommittee on Public Lands and Forests held a hearing
on July 21, 2004.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on September 15, 2004, by a unanimous
voice vote, of a quorum present, recommends that the Senate
pass S. 511, if amended as described herein.
COMMITTEE AMENDMENT
The amendment adopted by the Committee makes technical
corrections to map references and map dates within the
legislation.
SECTION-BY-SECTION ANALYSIS
Section 1 provides the short title.
Section 2 provides definitions.
Section 3 adjusts the boundaries of the Lolo, Helena, and
Beaverhead-Deerlodge National Forests in Montana as depicted on
the maps accompanying the bill. Directs that lands acquired by
the National Forests within the new boundaries be managed in
accordance with the Act of March 1, 1911 (the Weeks law) and
the laws applicable to the National Forest System. Directs that
the lands added to the forests be considered to be within the
boundaries of the National Forests as of January 1, 1965, for
the purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. Sec. 4601-9). Provides that nothing
in the bill limits the authority of the Secretary to adjust the
National Forests' boundaries under section 11 of the Act of
March 1, 1911 (16 U.S.C. Sec. 521).
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
S. 2408--Montana National Forests Boundary Adjustment Act of 2004
CBO estimates that implementing S. 2408 would have no
significant impact on the federal budget. Enacting the bill
would not affect direct spending or revenues. S. 2408 contains
no intergovernmental or private-sector mandates as defined in
the Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
S. 2408 would expand the boundaries of three national
forests in Montana to include roughly 34,000 acres of federal
and nonfederal land. Based on information from the Forest
Service, CBO estimates that the proposed expansion would
increase the agency's costs to manage those forests by less
than $100,000 a year. Spending for such costs would be subject
to the availability of appropriated funds.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, 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. 2408.
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. 2408.
EXECUTIVE COMMUNICATIONS
On July 21, 2004, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth executive views on S. 2408. These reports had not been
received when this report was filed. When the reports become
available, the Chairman will request that they be printed in
the Congressional Record for the advice of the Senate. The
testimony provided by the Department of Agriculture at the
Subcommittee hearing on S. 2408 follows:
Statement of Mary Rey, National Forest System, U.S. Department of
Agriculture
Mr. Chairman, thank you for the opportunity to appear
before you today to provide the Department's views on S. 2408
to adjust the boundaries of the Helena, Lolo and Beaverhead-
Deerlodge National Forests in the State of Montana.
S. 2408 would extend the forest boundary of the Beaverhead-
Deerlodge National Forest to include a recent acquisition
contiguous to the forest boundary that occurred over a 3-year
period from 2001 through 2003. S. 2408 also would extend the
forest boundary of both the Lolo and Helena National Forests to
provide for future land acquisitions in the Blackfoot River
Valley. The Department supports S. 2334.
The bill would realize an estimated net increase of 6,193
acres within the Helena National Forest, 16,121 acres within
the Lolo National Forest, and 11,727 acres within the Deerlodge
National Forest.
Inclusion of these lands within the boundaries of these
three national forests will clarify management of the lands
acquired, simplify boundary management, and allow for the use
of the Land and Water Conservation fund, outside the existing
boundaries, for future acquisitions if land is offered for sale
to the United States and if Congress should choose to fund any
such purchase. There is substantial local community and county
support for these boundary changes.
The Department would like to work with the Committee to
make a minor technical change to the name of the map referenced
in section 2(2)(C). Although the map is entitled ``Blackfoot
Community Project Acquisition Proposal Adjustments, Beaverhead-
Deerlodge National Forest * * *'', the proposed boundary
adjustment on the Beaverhead-Deerlodge National Forest is not
associated with the proposed Blackfoot Community Project
acquisition. Consequently, the name of the map should be
entitled ``Beaverhead-Deerlodge National Forest Boundary
Adjustment.''
This concludes my statement, I would be happy to answer any
questions that you may have.
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 S. 2408 as ordered
reported.