[House Report 108-654]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-654
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CONVEYANCE OF PROPERTY IN POPE COUNTY, ARKANSAS
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September 7, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 1537]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(S. 1537) to direct the Secretary of Agriculture to convey to
the New Hope Cemetery Association certain land in the State of
Arkansas for use as a cemetery, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
S. 1537 would direct the Secretary of Agriculture to convey
to the New Hope Cemetery Association certain land in the State
of Arkansas for use as a cemetery.
BACKGROUND AND NEED FOR LEGISLATION
The existing New Hope Cemetery is roughly four to five
acres and nearly full. It abuts National Forest System land in
Pope County, Arkansas. The Forest Service initially identified
1.1 acres of surplus land which could be conveyed to the New
Hope Cemetery Association to expand the cemetery under existing
law, but the land was appraised for far more than the
Association could afford.
This is an important and emotional issue for the affected
community. The Cemetery does not charge for burial, so there is
no profit motive. Additionally, this is a rural and somewhat
poor area, and the New Hope Cemetery has become an important
issue for aging residents who wish to be buried close to
family. The conveyance would not create additional management
boundaries for the Forest Service and the agency has no need
for the land. Accordingly, under the bill, the Forest Service
would convey the 1.1 acres at no cost to the Association for
use as a cemetery. If the Association discontinues this use,
the land would, at the option of the Secretary of Agriculture,
revert back to the Forest Service.
COMMITTEE ACTION
S. 1537 was introduced on July 31, 2003, by Senator Blanche
Lincoln (D-AR). On November 24, 2003, the Senate passed the
bill by unanimous consent. In the House of Representatives, the
bill was referred to the Committee on Resources, and within the
Committee to the Subcommittee on Forests and Forest Health. On
April 28, 2004, the Subcommittee held a hearing on the bill. On
July 14, 2004, the Full Resources Committee met to consider the
bill. The Subcommittee 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 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, credit
authority, or an increase or decrease in revenues or tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could affect direct spending, but any
such effect would be ``negligible.''
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:
S. 1537--An act to direct the Secretary of Agriculture to convey to the
New Hope Cemetery Association certain land in the state of
Arkansas for use as a cemetery
CBO estimates that enacting S. 1537 would have no
significant impact on the federal budget. The bill could affect
direct spending, but we estimate that any such effects would be
negligible. S. 1537 would not affect revenues. S. 1537 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.
S. 1537 would direct the Secretary of Agriculture to
convey, for no consideration, 1.1 acres of federal land in Pope
County, Arkansas, to the New Hope Cemetery Association for use
as a cemetery. According to the Forest Service, the land to be
conveyed currently generates no significant receipts and is not
expected to do so over the next 10 years. Hence, CBO estimates
that conveying it would not significantly affect offsetting
receipts (a credit against direct spending). Based on
information from the Forest Service, we also estimate that the
agency would spend less than $50,000 in 2005 to complete the
proposed conveyance, assuming the availability of appropriated
funds.
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.