[House Report 104-371]
[From the U.S. Government Publishing Office]
104th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 104-371
_______________________________________________________________________
BIG THICKET NATIONAL PRESERVE LAND EXCHANGES
_______
November 30, 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. 826]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 826) to extend the deadline for the completion of certain
land exchanges involving the Big Thicket National Preserve in
Texas, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. FINDINGS.
The Congress finds that--
(1) under the Big Thicket National Preserve Addition Act of
1993 (Public Law 103-46), Congress increased the size of the
Big Thicket National Preserve through authorized land
exchanges;
(2) such land exchanges were not consummated by July 1, 1995,
as required by Public Law 103-46; and
(3) failure to consummate such land exchanges by the end of
the three-year extension provided by this Act will necessitate
further intervention and direction from Congress concerning
such land exchanges.
SEC. 2. TIME PERIOD FOR LAND EXCHANGE.
(a) Extension.--The last sentence of subsection (d) of the first
section of the Act entitled ``An Act to authorize the establishment of
the Big Thicket National Preserve in the State of Texas, and for other
purposes'', approved October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ``two years after date of enactment'' and inserting ``five
years after the date of enactment''.
(b) Independent Appraisal.--Subsection (d) of the first section of
such Act (16 U.S.C. 698(d)) is further amended by adding at the end the
following: ``The Secretary, in considering the values of the private
lands to be exchanged under this subsection, shall consider independent
appraisals submitted by the owners of the private lands.''.
(c) Limitation.--Subsection (d) of the first section of such Act (16
U.S.C. 698(d)), as amended by subsection (b), is further amended by
adding at the end the following: ``The authority to exchange lands
under this subsection shall expire on July 1, 1998.''.
SEC. 3. REPORTING REQUIREMENT.
Not later than six months after the date of the enactment of this Act
and every six months thereafter until the earlier of the consummation
of the exchange or July 1, 1998, the Secretary of the Interior and the
Secretary of Agriculture shall each submit a report to the Committee on
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate concerning the progress in
consummating the land exchange authorized by the amendments made by Big
Thicket National Preserve Addition Act of 1993 (Public Law 103-46).
SEC. 4. LAND EXCHANGE IN LIBERTY COUNTY, TEXAS.
If, within one year after the date of the enactment of this Act--
(1) the owners of the private lands described in subsection
(b)(1) offer to transfer all their right, title, and interest
in and to such lands to the Secretary of the Interior, and
(2) Liberty County, Texas, agrees to accept the transfer of
the Federal lands described in subsection (b)(2),
the Secretary shall accept such offer of private lands and, in exchange
and without additional consideration, transfer to Liberty County,
Texas, all right, title, and interest of the United States in and to
the Federal lands described in subsection (b)(2).
(b) Lands Described.--
(1) Private lands.--The private lands described in this
paragraph are approximately 3.76 acres of lands located in
Liberty County, Texas, as generally depicted on the map
entitled ``Big Thicket Lake Estates Access--Proposed''.
(2) Federal lands.--The Federal lands described in this
paragraph are approximately 2.38 acres of lands located in
Menard Creek Corridor Unit of the Big Thicket National
Preserve, as generally depicted on the map referred to in
paragraph (1).
(c) Administration of Lands Acquired by the United States.--The lands
acquired by the Secretary under this section shall be added to and
administered as part of the Menard Creek Corridor Unit of the Big
Thicket National Preserve.
Amend the title so as to read:
A bill to extend the deadline for the completion of
certain land exchanges involving the Big Thicket National
Preserve in Texas, and for other purposes.
Purpose of the Bill
The purpose of H.R. 826 is to extend the deadline for the
completion of certain land exchanges involving the Big Thicket
National Preserve in Texas.
Background and Need for Legislation
The Big Thicket National Preserve was the first
``preserve'' established for management by the National Park
Service in 1974 (Public Law 93-439). This area of East Texas
has been called the ``biological crossroads of North America''
and contains plants and animals characteristic of many regions
of the country including: moist eastern hardwood forests,
tropical coastal marshes, central prairies, and southwest
deserts.
The establishment legislation for the preserve permits oil
and gas exploration and extraction, grazing, agriculture,
hunting, fishing and trapping. Regulations have been
established by the National Park Service to control these
activities.
The preserve has 12 units--eight tracts and four
corridors--comprising a total of 84,550 acres. Most of these
lands were under private ownership at the time of the
preserve's establishment. Virtually all of the preserve lands
have now been acquired by the Federal Government at an
estimated cost of approximately $96 million. The effective
management of these 12 widely-separated units requires
considerable time, effort and cost.
Nearly all of the Big Thicket has been logged to some
degree. Big Thicket is also crisscrossed by numerous oil and
gas pipelines. There have been over 150 wells drilled within
the park, and many of these remain in production. Forest
products and petrochemical industries remain the primary
contributors to the region's economy.
S. 80, which passed during the 103d Congress, authorized an
exchange of Forest Service lands (to be acquired by the timber
companies) for timber company lands (to be acquired by the
National Park Service). This equal value land exchange
consisting of approximately 11,000 acres was to be completed in
two years. Very little has been completed by the agencies and
it is quite clear that the Forest Service has dragged their
feet in the process because they are the net losers of acreage
in this exchange.
Committee Action
H.R. 826 was introduced on February 3, 1995, by Congressman
Charles Wilson of Texas. The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
National Parks, Forests and Lands. On May 18, 1995, the
Subcommittee held a hearing on H.R. 826, where testimony was
received in favor of the legislation. The Administration
testified in support of H.R. 826. On October 17, 1995, the
Subcommittee met to mark up H.R. 826. An amendment in the
nature of a substitute was offered by Congressman James V.
Hansen. The Hansen amendment extends the authorization by three
years and then terminates the exchange authority if not
completed by the deadline. Additionally, a six month progress
report is now required. Lastly, the Subcommittee added a small
exchange of 3.67 acres of private land for 2.38 acres of
Federal land for emergency access for a private holder. Mr.
Hansen then offered a unanimous motion to make a technical
correction to the amendment in the nature of a substitute. The
motion was agreed to, and the amendment in the nature of a
substitute was adopted by voice vote. The bill was then ordered
favorably reported by a 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. 826. No amendments were offered
and the bill as amended was ordered favorably reported to the
House of Representatives by unanimous consent.
Section-by-Section Analysis
Sec. 1. Findings
This section provides the findings for the bill.
Sec. 2. Time period for land exchange
This section amends 16 U.S.C. 698(d) to extend the
authorization for land exchanges from two to five years. It
also instructs the Secretary of the Interior to consider
independent appraisals submitted by private landowners.
Furthermore, an expiration date of July 1, 1998, is established
on the authority of the Secretary to exchange these lands.
Sec. 3. Reporting requirement
After the date of enactment, it is required that the
Secretary of the Interior and the Secretary of Agriculture each
submit a progress report to the House Committee on Resources
and the Senate Energy and Natural Resources Committee every six
months until the earlier of the exchange completion or July 1,
1998.
Sec. 4. Land exchange in Liberty County, Texas
This section authorizes the exchange of approximately 3.67
acres of privately owned land in Liberty County, Texas, for
approximately 2.38 acres of Federal lands located in the Menard
Creek Corridor Unit of the Big Thicket National Preserve. The
Secretary of the Interior is instructed to accept the offer of
private lands and transfer all right, title, and interest of
the U.S. in and to the Federal lands to Liberty County, Texas.
The lands acquired by the Secretary shall be added to and
administered as part of the Menard Creek Corridor Unit of the
Big Thicket National Preserve.
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. 826 on May 18, 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. 826 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. 826. 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.
826 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. The bill will reduce offsetting receipts by about
$500,000 annually but reduce Federal payments to the State of
Texas.
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. 826.
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. 826
from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 28, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
reviewed H.R. 826, a bill to extend the deadline for the
completion of certain land exchanges involving the Big Thicket
National Preserve in Texas, and for other purposes, as ordered
reported by the House Resources Committee on October 25, 1995.
The bill would extend until July 1, 1998, the deadline for
completing certain land exchanges in the Big Thicket National
Preserve in Texas. The bill also would direct the Secretary of
the Interior to accept, if offered, the transfer of about four
acres of private land in Liberty County, Texas, in exchange for
about two acres of federal land in the preserve.
Enacting H.R. 826 would affect direct spending. Therefore,
pay-as-you-go procedures would apply to the bill. The increase
in direct spending would be less than $500,000 a year beginning
in fiscal year 1997.
Beginning in 1993 and continuing through July 1, 1995, the
Secretary of the Interior, in cooperation with the Secretary of
Agriculture, was authorized to transfer to private ownership
about 5,000 acres of federally owned timber lands (administered
by the Forest Service) in the vicinity of the Big Thicket
National Preserve. In exchange, the National Park Service was
to receive 10,766 acres of privately owned commercial timber
lands within the boundary of the preserve. During the two-year
period of authorization, however, no acreage was exchanged.
This bill would extend that authorization another three years,
until July 1, 1998.
Federal Budgetary Impact.--Based on information from the
Department of the Interior, CBO estimates that enacting H.R.
826 would reduce offsetting receipts from timber harvesting by
about $500,000 annually. The land exchange would enlarge the
preserve (administered by the National Park Service) but reduce
the amount of timber acreage now administered by the Forest
Service. Since timber harvesting is planned on the currently
held federal land, but would not be permitted on the preserve,
this land exchange would reduce offsetting receipts to the
federal government. After accounting for payments to states
equal to 25 percent of the gross receipts, we estimate that
federal outlays would increase by about $375,000 annually.
Because of the need for additional time to complete land
surveys and timber appraisals, CBO estimates that the exchange
would take place by the end of fiscal year 1996 and the loss of
receipts would begin in fiscal year 1997.
According to the Forest Service, $500,000 in appropriated
funds was transferred from the National Park Service to the
Forest Service in fiscal year 1995 to carry out the exchange,
and the agency believes that additional funds may be required
from the National Park Service in fiscal year 1996 to complete
the exchange. Based on information from the Forest Service, CBO
estimates that completing the land exchange would cost about
$275,000, to be transferred from funds already appropriated to
the Park Service for this land exchange.
In addition, payments in lieu of taxes (PILT) to local
governments within Texas would increase, subject to
appropriations of the necessary amounts, because the bill would
increase the amount of federally owned land in the state. The
amount of such an increase would not be significant.
We estimate that the proposed land exchange in Liberty
County, Texas, also included in this bill, would not affect
direct spending or receipts and would have no significant
impact on discretionary spending.
State and Local Government Budgetary Impact.--Because we
estimate that this bill would reduce federal receipts from
timber harvesting, we also estimate that it would reduce
federal payments to the state of Texas. (State and local
governments receive 25 percent of timber receipts.) As a
result, Texas would lose about $125,000 annually. Implementing
this bill would increase PILT to local governments in Texas
because it would increase the amount of federally owned land in
the state, but the increase would not be significant.
If you wish further details on this estimate, we will be
pleased to provide them. The staff contact is Victoria V. Heid
and, for State and local impacts, Marjorie Miller.
Sincerely,
June E. O'Neill, Director.
Departmental Reports
The Committee has received no departmental reports on H.R.
826.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):
ACT OF OCTOBER 11, 1974
AN ACT To authorize the establishment of the Big Thicket National
Preserve in the State of Texas, and for other purposes
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That (a) *
* *
* * * * * * *
(d) Within sixty days after the date of enactment of this
subsection, the Secretary and the Secretary of Agriculture
shall identify lands within their jurisdiction located within
the vicinity of the preserve which may be suitable for exchange
for commercial timber lands within the preserve. In so doing,
the Secretary of Agriculture shall seek to identify for
exchange National Forest lands that are near or adjacent to
private lands that are already owned by the commercial timber
companies. Such National Forest lands shall be located in the
Sabine National Forest in Sabine County, Texas, in the Davy
Crockett National Forest south of Texas State Highway 7, or in
other sites deemed mutually agreeable, and within reasonable
distance of the timber companies' existing mills. In exercising
this exchange authority, the Secretary and the Secretary of
Agriculture may utilize any authorities or procedures otherwise
available to them in connection with land exchanges, and which
are not inconsistent with the purposes of this Act. Land
exchanges authorized pursuant to this subsection shall be of
equal value and shall be completed as soon as possible, but no
later than [two years after date of enactment] five years after
the date of enactment of this subsection. The Secretary, in
considering the values of the private lands to be exchanged
under this subsection, shall consider independent appraisals
submitted by the owners of the private lands. The authority to
exchange lands under this subsection shall expire on July 1,
1998.
* * * * * * *