99–006

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. 

2

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

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 

4

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.

Æ

2

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

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 

4

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.

Æ