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107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-636
LOS PADRES NATIONAL FOREST LAND EXCHANGE ACT OF 2002
September 4, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4917]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4917) to provide for an exchange of lands with the United
Water Conservation District of California to eliminate private
inholdings in the Los Padres National Forest, and for other
purposes, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 4917 is to provide for an exchange of
lands with the United Water Conservation District of California
to eliminate private inholdings in the Los Padres National
Forest, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4917 would provide for the exchange of land between
the Secretary of Agriculture (U.S. Forest Service) and the
United Water Conservation District of California (District).
The exchange would eliminate private inholdings within National
Forest lands as well as consolidate interior land boundaries on
the Ojai Ranger District, providing the District with
contiguous ownership around Lake Piru. Once the land exchange
is completed, the District will own all the land associated
with the management and operation of the Santa Felicia Dam,
which provides power to about 1,000 homes.
Under the bill, the District would convey approximately 340
acres to the U.S. Forest Service and approximately 420 acres of
National Forest lands in the Los Padres National Forest will be
conveyed to the District. The tracts of land are specified in
The bill further provides for an equal value exchange by
allowing the Secretary to accept a cash equalization payment of
greater than 25 percent if necessary. If a cash equalization
payment is made, those funds will be available to the Secretary
and deposited into the Sisk Act fund for expenditure without
further appropriation for the acquisition, construction, or
improvement of administrative or recreational facilities for
the Los Padres National Forest, or for the acquisition of land.
H.R. 4917 was introduced on June 12, 2002 by Congressman
Elton Gallegly (R-CA) and was referred to the Committee on
Resources. On June 18, 2002, the bill was referred within the
Committee to the Subcommittee on Forests and Forest Health. On
June 20, 2002, the Subcommittee held a hearing on the bill. On
June 24, 2002, the Full Resources Committee met to consider the
bill. The Subcommittee was discharged from further
consideration by unanimous consent. There were no amendments
offered and the bill, as introduced, was ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and article IV, section 3 of the
Constitution of the United States, grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease tax
expenditures. According to the Congressional Budget Office,
this bill would affect direct spending. However, the effects
are estimated to be negligible.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Congressional Budget Office,
Washington, DC, August 12, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4917, the Los
Padres National Forest Land Exchange Act of 2002.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Robert A. Sunshine
(For Dan L. Crippen, Director).
H.R. 4917--Los Padres National Forest Land Exchange Act of 2002
CBO estimates that enacting H.R. 4917 would have no
significant impact on the federal budget. The bill would affect
direct spending (including offsetting receipts); therefore,
pay-as-you-go procedures would apply, but we estimate that the
effects would be negligible.
H.R. 4917 would authorize a land exchange between the
United Water Conservation District of California and the
Secretary of Agriculture. Specifically, if the district conveys
340 acres of land to the Secretary, the Secretary would convey
to the district, subject to valid existing rights, about 420
acres of federal lands within the Los Padres National Forest in
California. If the values of those lands are not equal, the
bill would authorize the Secretary to make or accept cash
equalization payments in excess of the statutory limit on such
payments. Under H.R. 4917, the Secretary could use receipts
from such payments to acquire, construct, or improve
administrative or recreational facilities within the Los Padres
National Forest. The bill would direct the Secretary to reserve
easements through the land transferred to the district for
administrative purposes or to ensure public access to federal
lands and specifies that acquired lands would be managed as
part of the Los Padres National Forest.
According to the Forest Service, the federal lands to be
conveyed under H.R. 4917 currently generate no significant
receipts and are not expected to over the next 10 years. Based
on information from the agency about the estimated value of the
lands to be exchanged, CBO estimates that the Forest Service
would receive a cash equalization payment of up to $100,000
during fiscal year 2003. We also estimate that the agency would
spend most of that amount in that year for purposes authorized
by the bill. Hence, we estimate that the net change in direct
spending under H.R. 4917 would be negligible.
H.R. 4917 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.
This exchange would be voluntary on the part of the water
district. Any costs the district might incur to complete the
exchange also would be voluntary.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs), and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing