[House Report 111-227]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-227

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 BLUE RIDGE PARKWAY AND TOWN OF BLOWING ROCK LAND EXCHANGE ACT OF 2009

                                _______
                                

 July 24, 2009.--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. 1121]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1121) to authorize a land exchange to acquire lands 
for the Blue Ridge Parkway from the Town of Blowing Rock, North 
Carolina, 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 ``Blue Ridge Parkway and Town of Blowing 
Rock Land Exchange Act of 2009''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (2) Town.--The term ``Town'' means the Town of Blowing Rock 
        in the State of North Carolina.
          (3) Map.--The term ``map'' means the National Park Service 
        map titled ``Blue Ridge Parkway, Proposed Land Exchange with 
        Town of Blowing Rock'', numbered ``601/90,000A'', and dated 
        ``April, 2008''.
          (4) Exchange.--The term ``exchange'' means the exchange of 
        land authorized by section 3(a).

SEC. 3. LAND EXCHANGE.

  (a) In General.--Subject to subsection (d), the Secretary may 
exchange approximately 20 acres of land within the boundary of the Blue 
Ridge Parkway that are generally depicted on the map as ``Blowing Rock 
Reservoir'', for approximately 192 acres of land owned by the Town that 
are generally depicted on the map as ``Town of Blowing Rock Exchange 
Lands''.
  (b) Map Availability.--The map shall be on file and available for 
public inspection in the appropriate offices of the National Park 
Service.
  (c) Timing.--The Secretary shall seek to complete the land exchange 
not later than three years after the date of the enactment of this Act.
  (d) Applicable Laws; Terms and Conditions.--The exchange shall be 
subject to--
          (1) laws, regulations, and policies applicable to exchanges 
        of land administered by the National Park Service, including 
        those concerning land appraisals, equalization of values, and 
        environmental compliance; and
          (2) such terms and conditions as the Secretary considers 
        appropriate.
  (e) Equalization of Values.--If the lands proposed for exchange are 
found to be not equal in value, the equalization of values may be 
achieved by adjusting the acreage amounts identified in subsection (a).
  (f) Boundary Adjustment.--Upon completion of the exchange, the 
Secretary shall adjust the boundary of the Blue Ridge Parkway to 
reflect the exchanged lands.
  (g) Administration.--Lands acquired by the Secretary through the 
exchange shall be administered as part of the Blue Ridge Parkway in 
accordance with all applicable laws and regulations.
  (h) Future Disposition of Property.--If the Town desires to dispose 
of the reservoir property that is the subject of the exchange, the 
Secretary shall have the right of first refusal to acquire the property 
for the Blue Ridge Parkway.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1121 is to authorize the exchange of 
land between the Blue Ridge Parkway, a unit of the National 
Park System, and the Town of Blowing Rock, North Carolina.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1121 authorizes the exchange of approximately 20 acres 
of land within the Blue Ridge Parkway, containing the Blowing 
Rock Reservoir, for approximately 192 acres of nearby land 
owned by the Town of Blowing Rock, North Carolina.
    This land exchange is supported by both the Town of Blowing 
Rock (the Town) and the National Park Service (NPS). The land 
containing the reservoir was willed to the federal government 
in 1908 upon the death of prominent local resident Moses Cone, 
but was held in trust until its actual donation in 1949. In the 
intervening years, Mr. Cone's widow allowed the Town to remove 
water from a stream on the property and pipe it to the Town's 
water system. The NPS issued the Town a Special Use Permit to 
construct a dam on the stream in 1955, creating a small 
reservoir.
    Both parties agree that the best long-term resolution of 
the current situation would be to transfer the reservoir and 
its management to the Town, in exchange for other lands which 
support the mission and purposes of the Parkway.
    The approximately 192 acre parcel to be acquired by the NPS 
is undeveloped land owned by the Town. It is desirable to the 
National Park Service because it will provide a buffer between 
the Blue Ridge Parkway and adjacent developed areas. It will 
also protect scenic views and enhance recreational 
opportunities on the Parkway.

                            COMMITTEE ACTION

    H.R. 1121 was introduced on February 23, 2009 by 
Representative Virginia Foxx (R-NC). 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 April 23, 2009, the Subcommittee held a hearing on the bill 
during which the Administration testified in favor of the 
legislation with several proposed amendments.
    On July 9, 2009, the Subcommittee was discharged from 
further consideration of H.R. 1121 and the full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairman Grijalva (D-AZ) offered an amendment in the nature of 
a substitute to change the period in which the exchange should 
be completed to three years rather than two, to allow for the 
adjustment of exchanged acreage to equalize values, and to 
incorporate the correct map reference. The amendment was 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by voice 
vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    This section provides that this Act may be cited as the `` 
Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act 
of 2009.''

Section 2. Definitions

    This section provides definitions for several terms 
referenced in the bill.

Section 3. Land exchange

    Subsection 3(a) generally authorizes the Secretary of the 
Interior to exchange approximately 20 acres of land within the 
boundaries of the Blue Ridge Parkway for approximately 192 
acres of land owned by the Town of Blowing Rock, North 
Carolina.
    Subsection 3(b) provides that the National Park Service 
shall make the map of the exchanged lands available for public 
inspection in appropriate offices of the agency.
    Subsection 3(c) provides that the Secretary shall seek to 
complete the exchange of lands within three years.
    Subsection 3(d) requires that all laws, regulations, and 
policies regarding National Park Service land exchanges apply 
to this exchange; requires appropriate land appraisals, 
equalization of values, and environmental compliance; and 
allows the Secretary discretion to set other appropriate terms 
and conditions.
    Subsection 3(e) provides that acreage of either parcel to 
be exchanged may be adjusted after appraisal to equalize 
values. This section was added in response to a suggestion from 
the Administration. The Committee's intent in amending the bill 
to include this subsection is to ensure that the Department of 
the Interior has the appropriate mechanism to make an equitable 
exchange without requiring it to expend federal funds for Town 
lands.
    Subsection 3(f) directs the Secretary to adjust the 
boundary of the parkway after the exchange is complete.
    Subsection 3(g) requires that lands obtained by the 
National Park Service in the exchange be administered as part 
of the Blue Ridge Parkway in accordance with all applicable 
laws and regulations.
    Subsection 3(h) provides that if the Town later chooses to 
dispose of the land received in the exchange, the Secretary has 
the right of first refusal to reacquire the land for the Blue 
Ridge Parkway.

            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 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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to authorize the exchange of land 
between the Blue Ridge Parkway, a unit of the National Park 
System, and the Town of Blowing Rock, North Carolina.
    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. 1121--Blue Ridge Parkway and Town of Blowing Rock Land Exchange 
        Act of 2009

    H.R. 1121 would authorize the exchange of about 20 acres of 
federal land within the boundaries of the Blue Ridge Parkway in 
exchange for 192 acres of property owned by the town of Blowing 
Rock, North Carolina. Based on information provided by the 
National Park Service, which administers the parkway, CBO 
estimates that implementing H.R. 1121 would have no significant 
effect on discretionary spending and no effect on revenues or 
direct spending. We expect that the acreage to be added to the 
parkway (probably within the next three years) would remain 
open space.
    The bill 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 Deborah Reis. 
The 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. 1121 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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