[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

                                _______
                                

 September 7, 2004.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  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.

                                  
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