[House Report 107-699]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-699

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



 
                        JOHN L. BURTON TRAIL ACT

                                _______
                                

 September 26, 2002.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3765]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3765) to designate the John L. Burton Trail in the 
Headwaters Forest Reserve, California, 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. 3765 is to designate the John L. Burton 
Trail in the Headwaters Forest Reserve, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    The 7,400 acres of the Headwaters Forest Reserve in 
Humboldt County, California, was created in 1999 following a 
landmark agreement between the Federal government and the State 
of California to protect ancient redwoods. Instrumental in the 
acquisition of the Headwaters property was former Congressman 
John Burton of California. Today, the Reserve is co-managed by 
the Bureau of Land Management and the State of California. 
While serving as a Member of Congress from 1974 to 1982, John 
L. Burton established himself as an environmental advocate. In 
1996, he was elected to the California State Senate 
representing Marin County and parts of San Francisco and Sonoma 
Counties. Today, Mr. Burton is the President Pro Tem of the 
California Senate.

                            COMMITTEE ACTION

    H.R. 3765 was introduced on February 14, 2002, by 
Congressman George Miller (D-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Recreation, and Public Lands. 
On September 12, 2002, the Full Resources Committee met to 
consider the bill. The Subcommittee on National Parks, 
Recreation, and Public Lands was discharged from further 
consideration of the bill by unanimous consent. No amendments 
were offered and the bill 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 grants 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 in 
revenues or tax expenditures.
    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, September 19, 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. 3765, the John L. 
Burton Trail Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3765--John L. Burton Trail Act

    H.R. 3765 would name a trail in the Headwaters Forest 
Reserve in California as the John L. Burton Trail. Based on 
information from the Department of the Interior, CBO estimates 
that H.R. 3765 would have no significant impact on the federal 
budget. The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. H.R. 3765 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would not 
affect the budgets of state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
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.

                            ADDITIONAL VIEWS

    The Headwaters Forest Reserve comprised of 7,400 acres of 
spectacular ancient redwoods was established in 1999 in 
Humboldt County, California, as a result of a landmark effort 
between the Federal government and the State of California to 
save the grove from timbering. Some of the trees within the 
redwood grove are 300 feet high and 2,200 years old. Coexisting 
with the redwoods are numerous plant and wildlife species, such 
as the Marbled Murrelet, and the forest protects the headwaters 
of several major stream systems that provide habitat for the 
threatened Coho Salmon.
    Yet, in 1986 when Charles Hurwitz's MAXXAM Corporation 
acquired Pacific Lumber Company, the owner of the Headwaters 
Forest, the future of the area hung on the brink when the 
company announced plans to harvest timber in the area. The 
ensuing national controversy gave rise to a 1996 negotiated 
agreement through which the Federal and State governments would 
acquire the forest for $380 million among other conditions in 
return of the Headwaters and a buffer totaling 7,400 acres. Of 
the purchase amount, $250 million was the Federal share and 
California contributed another $130 million.
    Today, the Headwaters Forest Reserve is co-managed by the 
Bureau of Land Management and the State of California for the 
benefit of current and future generations of Americans. 
However, this accomplishment might not have occurred if it was 
not for the dedication of one individual in California, who 
spearheaded the State's contribution to the acquisition. That 
person is John Burton, a former colleague of ours in the U.S. 
House of Representatives, and currently President Pro Tem of 
the California Senate.
    While a Member of the House of Representatives, John served 
on the Committee on Government Operations and the Committee on 
House Administration. After choosing not to seek reelection to 
the House in 1982, John returned to San Francisco and the 
practice of law. In 1988, he was elected to the California 
Assembly for the second time, having served in the Assembly 
prior to his election to Congress. California's ``Term-Limit'' 
provisions prohibited his reelection to the Assembly in 1996, 
and he successfully sought a seat in the California Senate. In 
1998 he was chosen by his Colleagues to serve as President Pro 
Tem, and he continues his service in that office today.
    John Burton was instrumental in forcing a long and 
deliberate debate over the acquisition of the Headwaters 
property and his leadership paved the way for the project to 
move forward. Senator Burton has been in public service to the 
State of California for over thirty years, and has made an 
indelible mark on public policy through his efforts and his 
leadership.
    In recognition of Senator Burton's efforts on behalf of 
establishing the Headwaters Forest Reserve, H.R. 3765 provides 
that any trail authorized by the final management plan for the 
area giving access to the southern end of the Headwaters Grove 
near the existing Salmon Trailhead shall be known as the ``John 
L. Burton Trail.''
                                   George Miller.
                                   Nick Rahall.

                                
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