[House Report 110-553]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-553

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            HELP TO ACCESS LAND FOR THE EDUCATION OF SCOUTS

                                _______
                                

 March 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2675]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2675) to provide for the conveyance of 
approximately 140 acres of land in the Ouachita National Forest 
in Oklahoma to the Indian Nations Council, Inc., of the Boy 
Scouts of America, and for other purposes, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Help to Access Land for the Education 
of Scouts'' or ``HALE Scouts Act''.

SEC. 2. LAND CONVEYANCE, OUACHITA NATIONAL FOREST, OKLAHOMA.

  (a) Finding.--Congress finds that it is in the public interest to 
provide for the sale of certain federally owned land in the Ouachita 
National Forest in Oklahoma to the Indian Nations Council, Inc., of the 
Boy Scouts of America, for market value consideration.
  (b) Conveyance Required.--Subject to valid existing rights, the 
Secretary of Agriculture shall convey, by quitclaim deed, to the Indian 
Nations Council, Inc., of the Boy Scouts of America (in this section 
referred to as the ``Council'') all right, title, and interest of the 
United States in and to certain National Forest System land in the 
Ouachita National Forest in the State of Oklahoma consisting of 
approximately 140 acres, depending on the final measurement of the road 
set back and the actual size of the affected sections, as more fully 
described in subsection (c). The conveyance may not include any land 
located within the Indian Nations National Scenic and Wildlife Area 
designated by section 10 of the Winding Stair Mountain National 
Recreation and Wilderness Area Act (16 U.S.C. 460vv-8).
  (c) Covered Lands.--The National Forest System land to be conveyed 
under subsection (b) is depicted on the map entitled ``Boy Scout Land 
Request--Ouachita NF''. The map shall be on file and available for 
public inspection in the Forest Service Regional Office in Atlanta, 
Georgia.
  (d) Consideration.--As consideration for the land conveyed under 
subsection (b), the Council shall pay to the Secretary an amount equal 
to the fair market value of the land, as determined by an appraisal 
approved by the Secretary and done in conformity with the Uniform 
Appraisal Standards for Federal Land Acquisitions and section 206 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
  (e) Use of Proceeds.--The consideration received under subsection (d) 
shall be deposited in the fund established by Public Law 90-171 
(commonly known as the ``Sisk Act''; 16 U.S.C. 484a). The amount so 
deposited shall be available to the Secretary, without further 
appropriation, for expenditure for the acquisition of land and 
interests in land in the Ouachita National Forest.
  (f) Survey and Administrative Costs.--The exact acreage and legal 
description of the land to be conveyed under subsection (b) shall be 
determined by a survey satisfactory to the Secretary. The Council shall 
pay the reasonable costs of survey, appraisal, and any administrative 
analyses required by law.
  (g) Access.--Access to the land conveyed under subsection (b) shall 
be from the adjacent land of the Council or its successor. 
Notwithstanding section 1323(a) of the Alaska National Interest Lands 
Conservation Act (16 U.S.C. 3210(a)), the Secretary shall not be 
required to provide additional access to the conveyed land.
  (h) Additional Terms and Conditions.--The Secretary may prescribe 
such terms and conditions on the conveyance under subsection (b) as the 
Secretary considers in the public interest, including the reservation 
of access rights to the conveyed land for administrative purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2675 is to provide for the conveyance 
of approximately 140 acres of land in the Ouachita National 
Forest in Oklahoma to the Indian Nations Council, Inc., of the 
Boy Scouts of America, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1963, the Indian Nations Council acquired 480 acres of 
wilderness area in the Ouachita National Forest from the State 
of Oklahoma and U.S. Forest Service to establish Camp Tom Hale. 
According to the president of the Indian Nations Council of the 
Boy Scouts, this adventure camp currently serves over 6,300 
scouts per summer (as well as many adult leader training 
courses) covering a wide variety of outdoor and first aid 
skills.
    The organization has worked with the Forest Service over 
the last four years to coordinate the purchase of an additional 
140 acres of U.S. Forest Service land immediately adjacent to 
the existing Camp Tom Hale facility. Funding has been approved 
by the Indian Nations Council Board for the purchase including 
the immediate construction of infrastructure and facilities to 
camp 180 additional scouts per week, once the acquisition is 
completed. Additional camping and program facilities on this 
addition are anticipated in the near future.

                            COMMITTEE ACTION

    H.R. 2675 was introduced on June 12, 2007, by 
Representative Dan Boren (D-OK). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
March 6, 2008, the Subcommittee held a hearing on the bill 
during which the Administration testified in support of the 
legislation. On March 12, 2008, the Full Natural Resources 
Committee met to consider the bill. The Subcommittee was 
discharged from further consideration of H.R. 2675. 
Representative Boren (D-OK) offered an amendment in the nature 
of a substitute to identify maps relevant to the land transfer 
and ensure that the land appraisal process is accomplished in 
accordance with the Federal Land Policy and Management Act of 
1976. The Boren amendment was adopted by unanimous consent. The 
bill, as amended, was then ordered favorably reported to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 titles the act as the ``Help to Access Land for 
the Education of Scouts'' or ``HALE Scouts Act.''

Section 2. Land conveyance, Ouachita National Forest, Oklahoma

    Section 2(a) states the finding of Congress that the 
proposed land transfer is in the public interest.
    Section 2(b) requires the Secretary of Agriculture 
(``Secretary'') to convey to the Indian Nations Council, Inc., 
of the Boy Scouts of America (``Council'') all right, title and 
interest of the United States to approximately 140 acres of 
land in the Ouachita National Forest. The conveyance may not 
include any land located within the Indian Nations National 
Scenic and Wildlife Area.
    Section 2(c) of H.R. 2675 identifies the National Forest 
System lands to be conveyed and identifies the location of the 
map of these parcels.
    Section 2(d) requires that the Council pay the Secretary an 
amount equal to fair market value for the land, as determined 
by the Secretary in conformity with the Uniform Appraisal 
Standards for Federal Land Acquisitions and the Federal Land 
Policy and Management Act of 1976.
    Section 2(e) requires that the proceeds from the land 
conveyance shall be made available to the Secretary for 
expenditure for acquisition of land and interests in land in 
the Ouachita National Forest.
    Section 2(f) requires that the land to be conveyed be 
surveyed and legally described and that such costs will be paid 
by the Council.
    Section 2(g) states that access to the land conveyed by 
this Act shall be from the adjacent land of the Council or its 
successor and that the Secretary will not be required to 
provide access to the conveyed land.
    Section 2(h) authorizes the Secretary prescribe such terms 
and conditions to the conveyance that are deemed necessary to 
protect the public interest.

            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 Natural 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the conveyance of 
approximately 140 acres of land in the Ouachita National Forest 
in Oklahoma to the Indian Nations Council, Inc., of the Boy 
Scouts of America.
    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:

H.R. 2675--HALE Scouts Act

    H.R. 2675 would require the Secretary of Agriculture to 
convey, at fair market value, approximately 140 acres of land 
in the Ouachita National Forest, Oklahoma, to the Indian 
Nations Council, Inc. (a chartered council of the Boy Scouts of 
America).
    Based on information from the Forest Service, CBO estimates 
that implementing this legislation would have no significant 
effect on the federal budget. The council would be required to 
pay any administrative costs associated with the conveyance. 
Further, the Forest Service would be able to retain the 
proceeds from the sale of the land to acquire other land. 
Enacting the legislation would not affect revenues.
    H.R. 2675 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.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 2675 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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