Congressional Record, Volume 141 Issue 125 (Monday, July 31, 1995)

[Congressional Record Volume 141, Number 125 (Monday, July 31, 1995)]
[House]
[Pages H8002-H8004]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MODIFYING BOUNDARIES OF TALLADEGA NATIONAL FOREST

Mr. EMERSON. Mr. Speaker, I ask unanimous consent to call up the
bill, H.R. 1874, to modify the boundaries of the Talladega National
Forest, Alabama, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
Mr. STENHOLM. Reserving the right to object, Mr. Speaker, I shall not
object, but I yield to the gentleman from Missouri [Mr. Emerson] for an
explanation of the bill.
Mr. EMERSON. Mr. Speaker, I thank the gentleman for yielding under
his reservation of objection.
Mr. Speaker, this bill would transfer land currently under the
jurisdiction of the Bureau of Land Management to the Forest Service.
The land is currently being managed by the Forest Service. Another
reason for the transfer is that the Penhody National Recreational Trail
runs through a portion of the land that we are transferring. This
transfer will enhance the management of the Penhody. The total amount
being transferred is 559 acres. It is my understanding that the
minority has no objection to this legislation, and that the
administration is in support.
Mr. Speaker, I will include a document titled ``Questions and
Answers, H.R. 1874, Talladega National Forest,'' for the Record.
Mr. de la GARZA. Mr. Speaker, I rise in support of H.R. 1874, a bill
to modify the boundaries of the Talladega National Forest. This bill is
a commonsense attempt to streamline and make more cost-efficient the
management of our national forests by transferring two small tracts of
adjacent Bureau of Land Management [BLM] land to the Talladega National
Forest in Alabama. I commend our colleague, Mr. Browder of Alabama, in
his efforts.
H.R. 1874 modifies the boundaries of the Talladega National Forest in
Alabama by transferring approximately 350 acres of Bureau of Land
Management [BLM] land to the Talladega National Forest. Both the U.S.
Forest Service and the BLM support the concept of the transfer. The
bill ensures that no existing rights of way, easement, lease license or
permit shall be affected by the transfer.
According to the U.S. Forest Service this transfer will actually
reduce the amount of boundary line the U.S. Forest Service will be
required to maintain. Further, because the BLM lands are adjacent to or
surrounded by the Talladega National Forest, the Congressional Budget
Office reports that there are no significant costs to the government
associated with the change in jurisdiction.
Mr. Speaker, I would also like included in the Record a document from
the U.S. Forest Service entitled ``Questions and Answers, H.R. 1874,
Talladega National Forest, Alabama,'' regarding the transfer.
Question and Answers, H.R. 1874, Talladega National Forest, Alabama

Q. Where is the Talladega National Forest located in
Alabama?

[[Page H 8003]]

A. The Talladega National Forest is broken up into two
divisions--the Oakmulgee Division, located in central Alabama
South and West of Birmingham, Alabama; and the Talladega
Division, located east central Alabama and being East of
Birmingham, Alabama.
Q. Which Division is effected by H.R. 1874?
A. The land is located on the Talladega Division.
Q. Where on the Talladega Division are the tracts mentioned
in H.R. 1874 located?
A. The first tract is located in Cleburne County and
contains 399.4 acres and is more particularly described as
Township 17 South, Range 8 East, Section 34, NE\1/4\, SW\1/
4\, and S\1/2\ NW\1/4\. This tract is located within the
existing Proclamation Boundary of the Talladega N.F. and
close to being surrounded by National Forest ownership.
The second tract is located in Calhoun County and contains
160 acres and is more particularly described as Township 13
South, Range 9 East, Section 28, SE\1/4\. This tract is
located just outside of the existing Proclamation Boundary of
Talladega N.F. but is adjacent to and contiguous with
National Forest ownership.
Q. What's presently located on these lands?
A. Both properties are forested tracts with pine and
hardwood. There are no known or surveyed cultural resource
sites or threatened or endangered species known to be located
on these tracts. However, the first and largest tract is
located inside a tentative Habitat Management Area for the
Red Cockaded Woodpecker, a listed endangered species. In
addition, the Pinhoti Trail, administered by the Forest
Service, runs through the largest tract.
Q. What is a Habitat Management Area (HMA)? and why is it
``tentative''?
A. This is an area that contains pine and pine-hardwood
forest types that will be managed for the recovery of the Red
Cockaded Woodpecker.
It is ``tentative'' until the Forest has completed its
Forest Plan Revision.
Q. Just what is the Pinhoti Trail?
A. The Pinhoti Trail is a National Recreation Trail that
was so designated back in 1977. It is a foot trail that
extends for 98.6 miles along the mountains, valleys, and
ridges of the Talladega Division, Talladega National Forest.
Q. Where does the Pinhoti Trail begin and end?
A. The trail starts on the Talladega Ranger District at
Clairmont Gap off of the Talladega Scenic Drive and ends on
the Northeastern boundary of the Shoal Creek Ranger District
at Highway 278.
Q. H.R. 1874 indicates that the first tract contains 339.4
acres while the description calls for 399.4 acres. Which is
correct?
A. The 399.4 acres is correct. There was probably a typo
error made while drafting the bill. However, the description
is accurate.
Q. Just what does the Bill do?
A. The Bill will transfer jurisdiction of these two tracts
totaling 559.4 acres from the Bureau of Land Management, U.S.
Department of Interior to the Forest Service, U.S. Department
of Agriculture.
Q. Why is this necessary?
A. As pointed out, the effected lands are adjacent to and
mixed in with existing National Forest lands. This would ease
the administration of these federal lands for both agencies.
Q. Does BLM Agee with this change of jurisdiction?
A. Yes. They have worked closely with the Forest Service on
this transfer for a number of years.
Q. Does the public have any concern about the change?
A. No. They already think the land is part of the National
Forest System because of their location. This is especially
true where the Pinhoti Trail runs through the larger tract in
Cleburne County. In fact, the Forests current Administrative
Map shows the 399 acre parcel as being national forest.
The county records in Cleburne County shows the property to
be owned by the ``USA Talladega NF''; while the Calhoun
County records shows it to be owned by the ``US Forestry
Division''.
Q. Why does the Administrative Map show this property to be
National Forest?
A. Probably an error was made when the map was last revised
since the property is government land, almost surrounded by
national forest land and has the Pinhoti Trail running
through it.
Q. Are there any right-of-ways, easements, leases, licenses
or permits on the lands being transferred?
A. There are no known right-of-ways, easements, etc. or
known claims (neither properties are adjacent to residential
development) on either of the properties. If there were, the
Forest Service has the necessary authority and regulations to
handle.
Q. What is the history of these Tracts?
A. The 160 acre parcel, located in Calhoun County, has
never been patented and was not withdrawn from the Public
Domain when the Talladega National Forest was established by
Proclamation 2190 dated 7/17/1936. This property has always
been owned by the United States.
The 399 acre parcel, located in Cleburne County, was
patented to the State of Alabama back in August 1941. A
clause in the Patent stated ``this patent is issued upon the
express condition that the land hereby granted shall revert
to the USA upon a finding by the Secretary of Interior that
for a period of five (5) consecutive years such land has not
been used by the said State of Alabama for park or
recreational purposes, or that such land or any part thereof
is being devoted to other uses.'' On November 14, 1978, the
State of Alabama Quitclaimed this land to the United States
and on February 9, 1979 title was accepted by the Bureau of
Land Management.
(NOTE: The 1891 Organic Act originally gave the President
the authority to place forest land into public reservations
by Proclamation. President Franklin Roosevelt issued a
Proclamation withdrawing the land now within our forest
boundary for public recreational use pursuant to the
Recreation and Public Purposes Act before the Talladega
National Forest was established by Presidential Proclamation
in 1936. A patent on the withdrawn lands was then issued to
the State in 1941 with a reversionary clause to the United
States. Alabama reconveyed by Quit Claim deed to the United
States in 1978 due to its non-use. The Proclamation creating
the Talladega National Forest included a provision that all
lands hereafter acquired by the United States under the Weeks
Act should be administered as a part of the Talladega
National Forest. This provision, however, only applied to
lands acquired under the Weeks Act, and not the BLM land
which simply reverted back to the United States. The
proclamation itself no longer had the force of law when the
United States regained title to the subject land due to the
repeal of the 1891 Act by section 704 of the Federal Land
Policy and Management Act of 1976. Hence, the subject land
reverted to the status of unappropriated public land, and
hence are not included within the Talladega National Forest
as they had been withdrawn in favor of the State of Alabama
prior to the proclamation and were later patented to the
State, thus entirely escaping federal control and the scope
of the proclamation.)
Q. What boundaries are being modified?
A. As previously indicated, the 160 acre parcel located in
Calhoun County is located adjacent to but west of and outside
of the existing Proclamation Boundary for the Talladega
National Forest. The Bill would extend this boundary to
incorporate the tract.
The 399.4 acre parcel located in Cleburne County is within
the Proclamation Boundary. Technically no boundary
modification is needed in this case as far as the
Proclamation Boundary is concerned. However, the land line
boundary would technically be changed in the jurisdictional
transfer.
Regardless of the technicality of boundary modification,
the Bill does effect the correct transfer of jurisdiction
being sought by both agencies.
Q. How many additional acres of lands does the BLM
presently have jurisdiction over that are within or adjacent
to the Talladega National Forest?
A. None to the best of our knowledge.
Q. How is BLM presently managing these lands to be
transferred to the Forest Service?
A. They are currently being managed for hunting and
dispersed recreation.
Q. How much will it cost the Forest Service to administer
these lands?
A. The main additional cost would be to maintain the
approximately 1 mile of additional boundary lines located on
the 160 acre parcel in Calhoun County. Estimated cost for
maintenance runs around $500 to $600 per mile. However, with
the tract located in Cleburne County, the Forest Service
would actually lose approximately 1\3/4\ miles of land lines.
Therefore there is a net loss of around \3/4\ miles of land
lines that the Forest Service will not have to maintain.
Since the lands are adjacent to and/or are within the
existing National Forest, there will be little or no
additional costs associated with the change of jurisdiction.
The 599 acres would be incorporated into the 229,772 acres
that currently makes up the Talladega Division, Talladega
National Forest. (Total for the entire Talladega National
Forest is 387,176 acres.)
Mr. STENHOLM. Mr. Speaker, I withdraw my reservation of objection.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Missouri?
There was no objection.
The Clerk read the bill, as follows:

H.R. 1874

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. EXPANSION OF TALLADEGA NATIONAL FOREST.

(a) Boundary Modification.--The exterior boundaries of the
Talladega National Forest is hereby modified to include the
following described lands:
Huntsville Meridian, Township 17 South, Range 8 East,
Section 34, NE\1/4\, SW\1/4\, and S\1/2\NW\1/4\, Cleburne
County, containing 399.40 acres, more or less.
Huntsville Meridian, Township 13 South, Range 9 East,
Section 28, SE\1/4\, Calhoun County, containing 160.00 acres,
more or less.
(b) Administration.--(1) Subject to valid existing rights,
all Federal lands described under subsection (a) are hereby
added to and shall be administered as part of the Talladega
National Forest, and the Secretary of the Interior shall
transfer, without reimbursement, administrative jurisdiction
over such lands to the Secretary of Agriculture.
(2) Nothing in this section shall be construed to affect
the validity of or the terms

[[Page H 8004]]
and conditions of any existing right-of-way, easement, lease, license,
or permit on lands transferred by subsection (a), except that
such lands shall be administered by the Forest Service.
Reissuance of any authorization shall be in accordance with
the laws and regulations generally applying to the Forest
Service, and the change of jurisdiction over such lands
resulting from the enactment of this Act shall not constitute
a ground for the denial of renewal or reissuance of such
authorization.

The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.

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