[House Report 104-309]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-309
_______________________________________________________________________


 
       PROHIBITION ON CERTAIN TRANSFERS OF NATIONAL FOREST LANDS

                                _______


November 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 924]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 924) to prohibit the Secretary of Agriculture from 
transferring any national forest system lands in the Angeles 
National Forest in California out of Federal ownership for use 
as a solid waste landfill, 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. 924 is to prohibit the Secretary of 
Agriculture from transferring any National Forest System lands 
in the Angeles National Forest in California out of Federal 
ownership for use as a solid waste landfill.

                  background and need for legislation

    The Angeles National Forest is located in the Los Angeles, 
California, metropolitan area. It was established as the first 
forest reserve in California on December 20, 1892. Originally 
designated as the San Gabriel Timberland Reserve, it was 
renamed the Angeles National Forest in 1907. The forest 
consists of 694,187 acres and represents 72 percent of the open 
space located within Los Angeles County.
    The Angeles National Forest is within a two hour drive for 
more than 20,000,000 Southern Californians. It ranks second in 
the Nation in recreation use with approximately 32,000,000 
visits annually. Approximately 30 percent of the Angeles 
boundaries are shared with adjacent municipalities. Forest 
Service lands are typically viewed as vast, rural areas with 
limited interior development and facilities. A critical 
difference in the Angeles is its increasing perception as more 
of an urban park and recreation area. Since 1990, Forest 
Service officials have undertaken several projects designed to 
educate new and long-term Forest visitors about the unique 
amenities and personal safety measures which need to be 
considered by the many visitors to the Angeles.
    Elsmere Canyon, located at the western edge of the Angeles 
National Forest, was part of the original 1892 San Gabriel 
Timberland Reserve. Local residents were concerned about the 
potential loss of open space, wildlife habitat and watershed 
area over 100 years ago.
    In 1986, the United States Forest Service denied a proposal 
from the BKK Corporation to develop a landfill in Elsmere 
Canyon. The Forest Service based the denial on a 1970 
Environmental Assessment which referenced unstable geology, 
riparian destruction, loss of wildlife and potential pollution 
of the local groundwater supply.
    In 1987, the Forest Land and Resources Management Plan was 
published recognizing that the United States Forest Service 
might again be approached to site a landfill within the bounds 
of the Angeles National Forest. Specific standards and 
guidelines were developed which included a provision that other 
sites and practical alternatives on non-National Forest land 
had been exhausted.
    In July, 1987, Elsmere Corporation, a wholly owned 
subsidiary of BKK Corporation, again approached the Angeles 
National Forest to acquire Elsmere Canyon for use as a 
landfill. The 2,700 acre Elsmere Canyon Solid Waste Management 
Facility would include 1,643 acres presently under Forest 
Service ownership on behalf of the people of the United States. 
Under the proposal, private in-holdings of the Angeles National 
Forest would be exchanged for Elsmere Canyon. The Trust for 
Public Lands was identified as the conduit for obtaining the 
in-holdings and facilitating the exchange.
    The landfill would have a 190,000,000 ton capacity, 
receiving up to 33,000,000 pounds of garbage daily, with a 
projected life span of 32-50 years, dependent upon actual 
disposal rates. The facility would operate six days per week, 
24 hours per day, with approximately 1,500 vehicles into the 
facility each day.
    In February 1989, Representative Howard Berman of 
California introduced H.R. 998 which would have conveyed 
Federal lands, including Elsmere Canyon, to the City of Los 
Angeles. The Forest Service, mindful that the Federal 
legislation provided no assurance of receiving any compensation 
for Elsmere Canyon, agrees to conduct an environmental study on 
the feasibility of exchanging Elsmere Canyon for use as a 
landfill and gaining in-holdings within the Angeles in return.
    In 1989, the Angeles National Forest agreed to conduct a 
joint environmental review of the Elsmere proposal with the 
County of Los Angeles, Department of Regional Planning. As both 
Federal public lands and non-Federal private lands are under 
study, compliance with the California Environmental Quality Act 
and National Environmental Quality Act and National 
Environmental Policy Act is required.
    In January 1995, a Draft Environmental Impact Report/
Environmental Impact Statement was issued for public comment. 
The United States Forest Service preferred alternative as 
expressed in the environmental documents is the ``No Project 
(No Action) Alternative.''
    The Forest Service held three open houses in April and May 
of 1995 and the Los Angeles County Regional Planning Commission 
held a public hearing spanning six different days and venues. 
The meeting in the Santa Clarita Valley was attended by over 
3,000 people. The public comment period closed on August 4, 
1995. It is anticipated that it will take approximately six 
months to review and respond to the volumes of comments 
received relative to the draft environmental document.

                            committee action

    H.R. 924 was introduced on February 13, 1995, by 
Congressman Howard P. ``Buck'' McKeon. The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands. On September 
19, 1995, the Subcommittee held a hearing on H.R. 924, where 
testimony was heard from several different viewpoints. The 
Administration testified that they could not support H.R. 924. 
On October 17, 1995, the Subcommittee met to mark up H.R. 924. 
No amendments were offered and the bill was ordered favorably 
reported by voice vote to the Full Committee in the presence of 
a quorum. On October 25, 1995, the Full Resources Committee met 
to consider H.R. 924. No amendments were offered and the bill 
was ordered favorably reported to the House of Representatives 
by unanimous consent.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Subcommittee on National Parks, Forests and Lands held a 
hearing on H.R. 924 on September 19, 1995, and the Committee on 
Resources' oversight findings and recommendations are reflected 
in the body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 924 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) 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 
H.R. 924. However, clause 7(d) 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 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
924 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 924.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI 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 H.R. 924 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 924, a bill to prohibit the Secretary of 
Agriculture from transferring any national forest system lands 
in the Angeles National Forest in California out of federal 
ownership for use as a solid waste landfill, as ordered 
reported by the House Committee on Resources on October 25, 
1995. We estimate that enacting H.R. 924 would have no impact 
on the federal budget. The bill would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. Enacting the bill would have no direct impact on the 
budgets of state or local governments.
    The bill would require that for any transfers involving 
Angeles National Forest lands, the Secretary of Agriculture 
must include a restriction in the conveyance prohibiting the 
use of the land as a solid waste landfill. The bill is designed 
to prevent an exchange of private inholdings of the Angeles 
National Forest for about 1,673 federally owned acres in the 
Elsmere Canyon (located on the edge of the Angeles National 
Forest), which has been proposed for the purpose of 
establishing a landfill for the Los Angeles, California, 
metropolitan area.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoris V. 
Heid.
            Sincerely,
                                           June E. O'Neill,
                                                          Director.

                        changes in existing law

    If enacted, H.R. 924 would make no changes in existing law.

                          departmental reports

    The Committee has received no departmental reports on H.R. 
924.

                                
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