[Senate Report 111-154]
[From the U.S. Government Publishing Office]
Calendar No. 304
111th Congress Report
SENATE
2d Session 111-154
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CAMP HALE STUDY ACT
_______
March 2, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2330]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 2330) to direct the Secretary of the
Interior to carry out a study to determine the suitability and
feasibility of establishing Camp Hale as a unit of the National
Park System, having considered the same, reports favorably
thereon with an amendment and recommends that the Act, as
amended, do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Camp Hale Study Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Camp hale.--The term ``Camp Hale'' means the area
comprising approximately 200,000 acres on the White River and
San Isabel National Forests in west-central Colorado located
within portions of Eagle, Lake, Pitkin, and Summit counties.
(2) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 3. SPECIAL RESOURCE STUDY.
(a) In General.--The Secretaries shall conduct a study of Camp Hale
to determine--
(1) the suitability and feasibility of designating Camp Hale
as a unit of the National Park System, in accordance with
section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)); or
(2) any other designation or management option that would
provide for the protection of resources within Camp Hale,
including continued management of Camp Hale by the Forest
Service.
(b) Required Analysis.--The study under subsection (a) shall include
an analysis of--
(1) the significance of Camp Hale in relation to national
security during World War II and the Cold War, including--
(A) the use of Camp Hale for training of the 10th
Mountain Division and other elements of the United
States Armed Forces; and
(B) the use of Camp Hale for training by the Central
Intelligence Agency of Tibetan refugees seeking to
resist the Chinese occupation of Tibet;
(2) opportunities for public enjoyment and recreation at Camp
Hale; and
(3) any operational, management, or private property issues
relating to Camp Hale.
(c) Congressional Intent.--It is the intent of Congress that, in
conducting the study under subsection (a), the Secretaries not propose
any designation that would affect valid existing rights, including--
(1) all interstate water compacts in existence on the date of
enactment of this Act (including full development of any
apportionment made in accordance with the compacts);
(2) water rights--
(A) decreed at Camp Hale; or
(B) flowing within, below, or through Camp Hale;
(3) water rights in the State of Colorado;
(4) water rights held by the United States; and
(5) the management and operation of any reservoir, including
the storage, management, release, or transportation of water.
SEC. 4. REPORT.
Not later than 3 years after the date on which funds are made to
available to carry out this Act, the Secretaries shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives--
(1) the study conducted under section 3; and
(2) any recommendations of the Secretaries relating to Camp
Hale.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this Act.
PURPOSE
The purpose of H.R. 2330 is to authorize the Secretary of
the Interior to carry out a study to determine the suitability
and feasibility of establishing Camp Hale in Colorado as a unit
of the National Park System.
BACKGROUND AND NEED
Camp Hale was established during World War II as a training
facility for the Army's 10th Mountain Division and for other
elements of the U.S. Armed Forces. It is located in the
mountains of central Colorado, near Leadville, in Eagle County,
along the Eagle River. The geography of the area was ideal for
winter and high-altitude training, because of the region's
steep mountains and valley below, which was suitable for
housing.
From 1942 to 1965, the 10th Mountain Division and the 38th
Regimental Combat Team, 99th Infantry Battalion, and soldiers
from Fort Carson were trained at Camp Hale. Throughout this
time, the Army tested a variety of weapons and equipment at
Camp Hale. Between 1956 and 1965, the camp was also used by the
Central Intelligence Agency as a secret center for training
Tibetan refugees in guerilla warfare to resist the Chinese
occupation of their mountainous country.
In July 1965, Camp Hale was deactivated and control of the
lands was returned to the Forest Service in 1966. Today the
camp is part of the White River and San Isabel National
Forests. The U.S. Army Corps of Engineers is working to clean
up potentially hazardous munitions left over from weapons
testing at the camp, particularly in the East Fork. Camp Hale
was placed on the National Register of Historic Places in 1992.
H.R. 2330 would direct the Secretary of the Interior to
study the feasibility and suitability of establishing Camp Hale
as a unit of the national park system.
LEGISLATIVE HISTORY
H.R. 2330, sponsored by Rep. Lamborn, passed the House of
Representatives by a voice vote on June 2, 2009. The House of
Representatives also passed similar legislation in the 110th
Congress, H.R. 3336, by a voice vote on September 22, 2008.
Companion legislation, S. 1418, was introduced by Senators
Mark Udall and Bennet on July 8, 2009. The Subcommittee on
National Parks held a hearing on both bills on July 22, 2009
(S. Hrg. 111-129.) On December 16, 2009, the Committee on
Energy and Natural Resources ordered H.R. 2330 favorably
reported with an amendment in the nature of a substitute.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in open
business session on December 16, 2009, by a voice vote of a
quorum present, recommends that the Senate pass H.R. 2330, if
amended as described herein.
COMMITTEE AMENDMENT
During its consideration of H.R. 2330, the Committee
adopted an amendment in the nature of a substitute. The
amendment adds a section defining key terms in the bill, makes
clarifying changes relating to the special resource study, and
adds a section authorizing necessary appropriations. In
addition, the amendment includes a provision that it is the
intent of Congress that the Secretary of Agriculture and the
Secretary of the Interior not propose any designation that
would affect valid existing rights when conducting the resource
study. The amendment is explained in detail in the section-by-
section analysis, below.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title for the bill, the ``Camp
Hale Study Act''.
Section 2 defines key terms used in the bill.
Section 3 directs the Secretary of Agriculture and the
Secretary of the Interior (the Secretaries) to conduct a study
of Camp Hale to determine the suitability and feasibility of
designating the site as a unit of the National Park System or
any other designation or management option that would protect
the resources within Camp Hale. The study shall include
analysis relating to the history of the area, opportunities for
public enjoyment and any management issues. The section also
provides that it is the intent of Congress, in conducting the
study, that the Secretaries not propose any designation that
would affect valid existing rights.
Section 4 requires the Secretaries to submit the study and
any recommendations relating to Camp Hale to the House and
Senate authorizing committees no later than 3 years after the
date funds are made available.
Section 5 authorizes the necessary appropriations to carry
out this Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
H.R. 2330--Camp Hale Study Act
H.R. 2330 would require the National Park Service (NPS) and
U.S. Forest Service to conduct a study of Camp Hale, a former
military training area in Colorado, to determine the
feasibility and suitability of designating the site as a unit
of the National Park System or using some other means of
protecting the camp. Based on information provided by the NPS
and assuming the availability of appropriations, CBO estimates
that conducting the required study would cost less than
$500,000 over the next three years. Enacting H.R. 2330 would
not affect revenues or direct spending.
H.R. 2330 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.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Theresa Gullo, 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. 2330.
The Act 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. 2330.
CONGRESSIONALLY DIRECTED SPENDING
H.R. 2330, 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 Department of the Interior
was included in testimony received by the Committee at a
hearing on S. 1418 and H.R. 2330 on July 22, 2009.
Statement of Daniel N. Wenk, Acting Director, National Park Service,
Department of the Interior
Mr. Chairman and members of the Subcommittee, thank you for
the opportunity to appear before you today to present the
Department of the Interior's views on S. 1418 and H.R. 2330,
the Camp Hale Study Act. The U.S. Forest Service (White River
National Forest) currently manages Camp Hale as a part of the
National Forest System.
The Department supports both S. 1418 and H.R. 2330, with an
amendment to section two to include the U.S. Forest Service in
a joint study with the National Park Service for the future
management of Camp Hale and to delete section three. However,
we feel that priority should be given to the 47 previously
authorized studies for potential units of the National Park
System, potential new National Heritage Areas, and potential
additions to the National Trails System and National Wild and
Scenic River System that have not yet been transmitted to
Congress.
S. 1418 and H.R. 2330 are almost identical and both bills
would authorize the Secretary of the Interior (Secretary), to
conduct a special resource study to determine the suitability
and feasibility of designating Camp Hale as a unit in the
National Park System. The study would also determine the
methods and means for protection and interpretation of the Camp
Hale site by the National Park Service, other federal, State,
or local government entities, or private or nonprofit
organizations. Not later than three years after funds are made
available, the Secretary is directed to submit the results and
recommendations of the study to Congress. The bill includes
language to assure the study would not impact valid existing
water rights in place upon the date of enactment. S. 1418 also
specifies that the study would not impact the ability to
construct and operate infrastructure necessary to develop and
use those water rights. We estimate that this study will cost
approximately $300,000.
Located in and managed by the White River National Forest,
in west-central Colorado, Camp Hale was established in 1942 to
provide winter and mountain warfare training during World War
II, because of the natural setting of a large, flat valley
bottom, surrounded by steep hillsides suitable for training in
skiing, rock climbing and cold weather survival skills. The
size of Camp Hale varied between 5,000 and 247,243 acres when
it was an active military installation.
Managed by the U.S. Forest Service (White River National
Forest), The Camp Hale Formerly Used Defense Site, is now used
year-round by the public as a recreation area and is included
on the National Register of Historic Places.
Since the time Camp Hale was used for military training,
there have been numerous discoveries of unexploded ordinance
(UXO) there. As recently as 2003, during efforts to contain a
wildfire, UXO used during the training of U.S. troops in World
War II was found on the site.
Efforts to remediate public risk from any remaining UXO at
Camp Hale continue. The funding for any response actions at
Camp Hale will depend on how the UXO sites there rank
nationally. Depending on that rank, and available federal
dollars, the remedial investigations for some or all Camp Hale
munitions may not occur for several years. The Colorado
Department of Public Health and Environment has discussed
evaluating the hazard liabilities and remediating the site with
the U.S. Army Corps of Engineers prior to a transfer.
The story of Camp Hale and the men and women who trained
there reflects the adaptability our nation showed during the
last World War. Many of those who trained there went on to
develop alpine skiing as a recreational activity, significantly
influencing the economy of Colorado and many other western
States. Studying and determining how best to preserve and
protect Camp Hale and to commemorate the sacrifice and heroism
so many Americans exhibited as a result of their training is
laudable.
We suggest that both bills be amended in section two to
include the U.S. Forest Service in the study to determine the
future of Camp Hale and to remove section three, which includes
language concerning water rights. The study recommended in both
bills would examine the suitability and feasibility of
designating Camp Hale as a unit in the National Park System,
including evaluating all current uses and rights associated
with the land. Since the bill only authorizes a study of the
site, there is no possibility of the study having any affect on
any water rights. As such, we believe the water rights language
in both bills is unnecessary and redundant and we recommend the
section be deleted.
Mr. Chairman, this concludes my prepared remarks. I would
be happy to answer any questions you or any other members of
the subcommittee 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 Act H.R. 2330, as
ordered reported.