[House Report 106-422]
[From the U.S. Government Publishing Office]



106th Congress                                            Rept. 106-422
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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                 DUGGER MOUNTAIN WILDERNESS ACT OF 1999

                                _______
                                

October 28, 1999.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2632]

      [Including cost estimate of the Congressional Budget Office]

    The committee on Resources, to whom was referred the bill 
(H.R. 2632) to designate certain Federal lands in the Talladega 
National Forest in the State of Alabama as the Dugger Mountain 
Wilderness, 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. 2632 is to designate certain Federal 
lands in the Talladega National Forest in the State of Alabama 
as the Dugger Mountain Wilderness.

                  background and need for legislation

    The Talladega National Forest is located in central western 
and eastern Alabama. In the 18th century, when the first 
American settlers came to the area, the Talladega was situated 
in territory claimed by the Upper Creek Indian Nation. By 1840, 
the Trail of Tears had seen the Indians pass from the area and 
settlement accelerated. One man, Taylor Dugger, staked a 
homestead claim on a sizeable portion of the lowlands and 
northern slopes of a mountain in the area, and proceeded to set 
aside the slopes of his land as a wildlife refuge. While some 
of his actions met with opposition, local stories claim that he 
was a more than helpful neighbor, and as a result of Dugger's 
efforts, the mountain was named in his honor.
    Dugger Mountain is the second highest peak in Alabama with 
an elevation of 2,140 feet and features camping, hunting, and 
fishing sites, and many hiking trails, including a portion of 
the popular Pinhoti (from the Creek Indian Tribe word, pinwa, 
meaning ``turkey'' and, huti, meaning ``house'') Trail. Since 
1986, the Dugger Mountain area has been managed as a Wilderness 
Study Area. Some in the local community would like to see the 
area preserved as wilderness. Congressional action is required 
for this designation.

                            committee action

    H.R. 2632 was introduced on July 29, 1999, by Congressman 
Bob Riley (R-AL). The bill was referred to the Committee on 
Resources and within the Committee to the Subcommittee on 
Forests and Forest Health. It was also referred to the 
Committee on Agriculture.
    On August 3, 1999, the Subcommittee on Forests and Forest 
Health held a hearing at which Congressman Riley and the U.S. 
Forest Service testified in support of H.R. 2632. On October 
20, 1999, the Full Resources Committee met to consider the 
bill. The Subcommittee on Forests and Forest Health was 
discharged by unanimous consent from further consideration of 
the bill. No amendments were offered and the bill was ordered 
favorably reported to the House of Representatives by voice 
vote.

            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 in 
revenues or tax expenditures.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII of the rules of the House of 
Representatives, the Committee has received no report of 
oversight findings and recommendations from the Committee on 
Government Reform on this bill.
    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, October 25, 1999.
Hon. Don Young,
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. 2632, the Dugger 
Mountain Wilderness Act of 1999.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBS staff contact is Victoria Heid 
Hall.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 2632--Dugger Mountain Wilderness Act of 1999

    CBO estimates that enacting H.R. 2632 would have no 
significant impact on federal pay-as-you-go procedures would 
not apply. H.R. 2632 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would have no significant impact on the budgets of state, 
local, or tribal governments.
    H.R. 2632 would designate as wilderness approximately 9,200 
acres of federal land in the Talladega National Forest in the 
state of Alabama. According to the Forest Service, the land is 
currently being managed as a wilderness study area. Therefore, 
designating the land as wilderness would have little impact on 
how the land is currently being administered. Some small 
additional costs would be incurred to adjust maps and 
boundaries to reflect the new designation, but the amounts 
would not be significant. The bill would allow the Forest 
Service already plans to do under current law.
    The CBO staff contact is Victoria Heid Hall. 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.
                            A P P E N D I X

                              ----------                              

                          House of Representatives,
                                    Committee on Resources,
                                  Washington, DC, October 26, 1999.
Hon. Larry Combest,
Chairman, Committee on Agriculture, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: On October 20, 1999, the Committee on 
Resources ordered favorably reported without amendment H.R. 
2632, to designate certain federal lands in the Talladega 
National Forest in the State of Alabama as the Dugger Mountain 
Wilderness. The bill was referred primarily to the Committee on 
Resources, with an additional referral to the Committee on 
Agriculture.
    This bill has created no controversy in Committee and its 
author, Congressman Riley, would like to see it considered on 
the Floor before we end the first session of the 106th 
Congress. Knowing that we have only a few weeks at most left, I 
ask that you allow the Committee on Agriculture to be 
discharged from further consideration of the bill so that it 
may be scheduled under suspension of the rules as soon as 
possible.
    Thank you for your consideration of my request and I look 
forward to bringing H.R. 2632 to the Floor soon.
            Sincerely,
                                                 Don Young,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                                  Committee on Agriculture,
                                  Washington, DC, October 27, 1999.
Hon. Don Young,
Chairman, Committee on Resources, Longworth House Office Building, 
        Washington, DC.
    Dear Mr. Chairman: Thank you for forwarding a copy of the 
Committee report for H.R. 2632, a bill to designate certain 
Federal lands in the Talladega National Forest in the State of 
Alabama as the Dugger Mountain Wilderness, as ordered reported 
by your Committee.
    As you know, the Committee on Agriculture received an 
additional referral of H.R. 2632. After conferring with 
Chairman Goodlatte of the Subcommittee on Department 
Operations, Oversight, Nutrition, and Forestry, to which this 
bill was referred, I would be glad to waive further 
consideration of this measure to allow its timely consideration 
before the House.
    In addition, our waiver of consideration of H.R. 2632 
should not be considered as precedent for any future referrals 
of similar measures relating to provisions within this 
legislation, and if this bill or any similar bill is 
conferenced with the Senate, this Committee reserves the right 
to request to be included as conferees.
    Finally, I ask that you include copies of our 
correspondence in the Committee on Resources bill report. I 
appreciate your cooperation in this matter and look forward to 
working with you on matters of shared jurisdiction between our 
respective committees.
            Sincerely,
                                             Larry Combest,
                                                          Chairman.