99–006

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. 

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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:

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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-yougo 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. 

(4)

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. 

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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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