[Congressional Record Volume 141, Number 127 (Wednesday, August 2, 1995)]
[House]
[Pages H8306-H8307]
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?
       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 

[[Page H8307]]
     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 339.40 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.
       (2) Nothing in this section shall be construed to affect 
     the validity of or the terms 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.


           committee amendment in the nature of a substitute

  The SPEAKER pro tempore. The Clerk will report the Committee 
amendment in the nature of a substitute.
  The Clerk read as follows:
  Committee amendment in the nature of a substitute:
  Strike out all after the enacting clause and insert:

     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 339.40 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 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.

  Mr. EMERSON (during the reading). Mr. Speaker, I ask unanimous 
consent that the Committee amendment in the nature of a substitute be 
considered as read and printed in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Missouri?
  There was no objection.
  The SPEAKER pro tempore. The question is on the Committee amendment 
in the nature of a substitute.
  The Committee amendment in the nature of a substitute was agreed to.
  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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