[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.
          * * * * * * *