[House Report 107-636]
[From the U.S. Government Publishing Office]



                                                                       
107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-636

======================================================================



 
          LOS PADRES NATIONAL FOREST LAND EXCHANGE ACT OF 2002

                                _______
                                

 September 4, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4917]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 4917) to provide for an exchange of lands with the United 
Water Conservation District of California to eliminate private 
inholdings in the Los Padres National Forest, and for other 
purposes, 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. 4917 is to provide for an exchange of 
lands with the United Water Conservation District of California 
to eliminate private inholdings in the Los Padres National 
Forest, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 4917 would provide for the exchange of land between 
the Secretary of Agriculture (U.S. Forest Service) and the 
United Water Conservation District of California (District). 
The exchange would eliminate private inholdings within National 
Forest lands as well as consolidate interior land boundaries on 
the Ojai Ranger District, providing the District with 
contiguous ownership around Lake Piru. Once the land exchange 
is completed, the District will own all the land associated 
with the management and operation of the Santa Felicia Dam, 
which provides power to about 1,000 homes.
    Under the bill, the District would convey approximately 340 
acres to the U.S. Forest Service and approximately 420 acres of 
National Forest lands in the Los Padres National Forest will be 
conveyed to the District. The tracts of land are specified in 
the legislation.
    The bill further provides for an equal value exchange by 
allowing the Secretary to accept a cash equalization payment of 
greater than 25 percent if necessary. If a cash equalization 
payment is made, those funds will be available to the Secretary 
and deposited into the Sisk Act fund for expenditure without 
further appropriation for the acquisition, construction, or 
improvement of administrative or recreational facilities for 
the Los Padres National Forest, or for the acquisition of land.

                            COMMITTEE ACTION

    H.R. 4917 was introduced on June 12, 2002 by Congressman 
Elton Gallegly (R-CA) and was referred to the Committee on 
Resources. On June 18, 2002, the bill was referred within the 
Committee to the Subcommittee on Forests and Forest Health. On 
June 20, 2002, the Subcommittee held a hearing on the bill. On 
June 24, 2002, the Full Resources Committee met to consider the 
bill. The Subcommittee was discharged from further 
consideration by unanimous consent. There were no amendments 
offered and the bill, as introduced, was ordered favorably 
reported to the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and article IV, section 3 of the 
Constitution of the United States, grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease tax 
expenditures. According to the Congressional Budget Office, 
this bill would affect direct spending. However, the effects 
are estimated to be negligible.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 12, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4917, the Los 
Padres National Forest Land Exchange Act of 2002.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4917--Los Padres National Forest Land Exchange Act of 2002

    CBO estimates that enacting H.R. 4917 would have no 
significant impact on the federal budget. The bill would affect 
direct spending (including offsetting receipts); therefore, 
pay-as-you-go procedures would apply, but we estimate that the 
effects would be negligible.
    H.R. 4917 would authorize a land exchange between the 
United Water Conservation District of California and the 
Secretary of Agriculture. Specifically, if the district conveys 
340 acres of land to the Secretary, the Secretary would convey 
to the district, subject to valid existing rights, about 420 
acres of federal lands within the Los Padres National Forest in 
California. If the values of those lands are not equal, the 
bill would authorize the Secretary to make or accept cash 
equalization payments in excess of the statutory limit on such 
payments. Under H.R. 4917, the Secretary could use receipts 
from such payments to acquire, construct, or improve 
administrative or recreational facilities within the Los Padres 
National Forest. The bill would direct the Secretary to reserve 
easements through the land transferred to the district for 
administrative purposes or to ensure public access to federal 
lands and specifies that acquired lands would be managed as 
part of the Los Padres National Forest.
    According to the Forest Service, the federal lands to be 
conveyed under H.R. 4917 currently generate no significant 
receipts and are not expected to over the next 10 years. Based 
on information from the agency about the estimated value of the 
lands to be exchanged, CBO estimates that the Forest Service 
would receive a cash equalization payment of up to $100,000 
during fiscal year 2003. We also estimate that the agency would 
spend most of that amount in that year for purposes authorized 
by the bill. Hence, we estimate that the net change in direct 
spending under H.R. 4917 would be negligible.
    H.R. 4917 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
This exchange would be voluntary on the part of the water 
district. Any costs the district might incur to complete the 
exchange also would be voluntary.
    The CBO staff contacts for this estimate are Megan Carroll 
(for federal costs), and Marjorie Miller (for the state and 
local impact). This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
