[House Report 107-699]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-699
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JOHN L. BURTON TRAIL ACT
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September 26, 2002.--Referred to the House Calendar and ordered to be
printed
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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.