[Senate Report 111-270]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 540
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-270

======================================================================



 
    LAND CONVEYANCE IN THE LOS PADRES NATIONAL FOREST IN CALIFORNIA

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 129]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 129) to authorize the conveyance of 
certain National Forest System lands in the Los Padres National 
Forest in California, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
Act, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. DEFINITIONS.

    In this Act:
          (1) Federal land.--The term ``Federal land'' means the 
        approximately 5 acres of National Forest System land in Santa 
        Barbara County, California, as generally depicted on the map.
          (2) Foundation.--The term ``Foundation'' means the White 
        Lotus Foundation, a nonprofit foundation located in Santa 
        Barbara, California.
          (3) Map.--The term ``map'' means the map entitled ``San 
        Marcos Pass Encroachment for Consideration of Legislative 
        Remedy'' and dated June 1, 2009.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.

SEC. 2. LAND CONVEYANCE.

    (a) In General.--Subject to the provisions of this section, if the 
Foundation offers to convey to the Secretary all right, title, and 
interest of the Foundation in and to a parcel of non-Federal land that 
is acceptable to the Secretary--
          (1) the Secretary shall accept the offer; and
          (2) on receipt of acceptable title to the non-Federal land, 
        the Secretary shall convey to the Foundation all right, title, 
        and interest of the United States in and to the Federal land.
    (b) Applicable Law.--The land exchange authorized under subsection 
(a) shall be subject to section 206 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716).
    (c) Time for Completion of Land Exchange.--It is the intent of 
Congress that the land exchange under subsection (a) shall be completed 
not later than 2 years after the date of enactment of this Act.
    (d) Authority of Secretary To Conduct Sale of Federal Land.--If the 
land exchange under subsection (a) is not completed by the date that is 
2 years after the date of enactment of this Act, the Secretary may 
offer to sell to the Foundation the Federal land for fair market value.
    (e) Additional Terms and Conditions.--The land exchange under 
subsection (a) and any sale under subsection (d) shall be subject to--
          (1) valid existing rights;
          (2) the Secretary finding that the public interest would be 
        well served by making the exchange or sale;
          (3) any terms and conditions that the Secretary may require; 
        and
          (4) the Foundation paying the reasonable costs of any 
        surveys, appraisals, and any other administrative costs 
        associated with the land exchange or sale.
    (f) Appraisals.--
          (1) In general.--The land conveyed under subsection (a) or 
        (d) shall be appraised by an independent appraiser selected by 
        the Secretary.
          (2) Requirements.--An appraisal under paragraph (1) shall be 
        conducted in accordance with nationally recognized appraisal 
        standards, including--
                  (A) the Uniform Appraisal Standards for Federal Land 
                Acquisitions; and
                  (B) the Uniform Standards of Professional Appraisal 
                Practice.
    (g) Disposition of Proceeds.--
          (1) In general.--The Secretary shall deposit in the fund 
        established under Public Law 90-171 (commonly known as the 
        ``Sisk Act'') (16 U.S.C. 484a) any amount received by the 
        Secretary as the result of--
                  (A) any cash equalization payment made under 
                subsection (b); and
                  (B) any sale carried out under subsection (d).
          (2) Use of proceeds.--Amounts deposited under paragraph (1) 
        shall be available to the Secretary, without further 
        appropriation and until expended, for the acquisition of land 
        or interests in land in the Los Padres National Forest.
    (h) Management and Status of Acquired Land.--Any non-Federal land 
acquired by the Secretary under this Act shall be managed by the 
Secretary in accordance with--
          (1) the Act of March 1, 1911 (commonly known as the ``Weeks 
        Law'') (16 U.S.C. 480 et seq.); and
          (2) any laws (including regulations) applicable to the 
        National Forest System.

                                PURPOSE

    The purpose of H.R. 129 is to authorize the Secretary of 
Agriculture to convey certain National Forest System land in 
the Los Padres National Forest in California.

                          BACKGROUND AND NEED

    The White Lotus Foundation is a non-profit organization 
that provides yoga training and practice and other services at 
a retreat on private land near Santa Barbara, California, 
adjacent to the Los Padres National Forest, and near other 
developed land within the forest. A number of longstanding 
improvements associated with the private property (e.g., rock 
retaining walls and storage sheds) were located without 
authorization on National Forest land by the previous owner of 
the private land. In addition, current access to the property 
across National Forest System land from the nearby public road 
is no longer in compliance with the authorizations that were 
originally issued by the Forest Service.
    In 2008, the Forest Service informed the White Lotus 
Foundation that it would have to obtain special use permits for 
the unauthorized uses of the National Forest land, enter into a 
land exchange with the Forest Service, remove the improvements, 
or seek legislative relief. To resolve the conflict, H.R. 129 
would authorize the Forest Service to exchange or sell to the 
Foundation approximately 5 acres of land on which the 
unauthorized uses occur.

                          LEGISLATIVE HISTORY

    H.R. 129 was sponsored by Representative Gallegly, and 
passed the House of Representative by a vote of 400-0 on July 
16, 2009.
    The Subcommittee on Public Lands and Forests held a hearing 
on the H.R. 129 on October 29, 2009 (S. Hrg. 111-223). The 
Committee on Energy and Natural Resources considered the bill 
and adopted an amendment in the nature of a substitute at its 
business meeting on June 16, 2010. The Committee ordered H.R. 
129 favorably reported, as amended, at its business meeting on 
June 21, 2010.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 21, 2010, by a voice vote of a 
quorum present, recommends that the Senate pass H.R. 129, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 129, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
authorizes the Secretary to convey National Forest System Land 
to the White Lotus Foundation in an exchange carried out in 
accordance with section 206 of the Federal Land Policy and 
Management Act (43 U.S.C. 1716). Only if the land exchange 
cannot be completed within two years of the date of enactment 
would the Secretary be authorized to sell the Federal land. The 
amendment also clarifies and adds a number of definitions to 
the Act, clarifies provisions relating to applicable law, the 
appraisal of the property, additional terms and conditions, and 
the management and status of any acquired land. The amendment 
is explained in detail in the section-by-section analysis 
below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 defines key terms used in the Act.
    Section 2(a) authorizes the Secretary to convey 
approximately 5 acres of National Forest System land in 
exchange for non-Federal land that is acceptable to the 
Secretary.
    Subsection (b) specifies that the land exchange must be 
carried out in accordance with section 206 of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1716).
    Subsection (c) provides that it is the intent of Congress 
that the land exchange be completed within two years after the 
date of the enactment of the Act.
    Subsection (d) authorizes the Secretary to sell the 
National Forest System land to the White Lotus Foundation for 
fair market value if a land exchange is not completed within 
two years of the date of enactment. Neither subsection (c) nor 
(d) precludes the Secretary from conveying the Federal land by 
exchange after two years from the date of enactment; subsection 
(d) merely provides additional discretion to the Secretary to 
convey the Federal land by sale after that period.
    Subsection (e) states that the conveyance is subject to 
valid existing rights, a finding by the Secretary that the 
conveyance of the Federal land is in the public interest, and 
such terms and conditions as the Secretary considers 
appropriate. It also requires the Foundation to pay the survey, 
appraisal, and any other administrative costs of the 
conveyance.
    Subsection (f) requires the land to be appraised by an 
independent appraiser in accordance with nationally-recognized 
appraisal standards.
    Subsection (g) directs the Secretary to deposit any 
proceeds from the conveyance in the Sisk Act fund (16 U.S.C. 
484a) to acquire other land or interests in land in the Los 
Padres National Forest.
    Subsection (h) directs the Secretary to manage the non-
Federal land acquired from the Foundation in accordance with 
the Weeks Law (16 U.S.C. 480 et seq.) and any laws applicable 
to the National Forest System.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 129--An act to authorize the conveyance of certain National Forest 
        System lands in the Los Padres National Forest in California

    H.R. 129 would authorize the exchange of 5 acres of land in 
the Los Padres National Forest for unspecified lands owned by 
the White Lotus Foundation. If the land exchange does not occur 
within two years, the federal land could be sold to the 
foundation, and the proceeds could be spent without further 
appropriation. Based on information from the Forest Service, 
CBO estimates that enacting H.R. 129 would have no significant 
net impact on the federal budget.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget 
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. If the Forest Service sold the 
affected land to the foundation, H.R. 129 would increase 
offsetting receipts (a credit against direct spending) and 
associated direct spending; therefore, pay-as-you-go procedures 
would apply. However, CBO estimates that enacting the 
legislation would have no significant net impact on direct 
spending. Enacting the legislation would not affect revenues.
    On June 26, 2009, CBO transmitted a cost estimate for H.R. 
129, as ordered reported by the House Committee on Natural 
Resources on June 10, 2009. Both versions of the legislation 
would authorize the sale of federal land; however, the Senate 
version would authorize the Forest Service to sell the affected 
land if the agency cannot complete a land exchange within two 
years of the enactment of the legislation.
    H.R. 129 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no cost on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Sam Papenfuss, Unit Chief for Income 
Security and Education Cost Estimates Unit, Budget Analysis 
Division.

                      REGULATORY IMPACT EVALUTION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out H.R. 129.
    The Act is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of H.R. 129, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 129, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at the October 29, 2009, subcommittee 
hearing on H.R. 129 (S. Hrg. 111-223), which is printed below:

Statement of Joel Holtrop, Deputy Chief, National Forest System, Forest 
                   Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, and Members of the 
Subcommittee, I appreciate the opportunity to appear before you 
today to provide the Department's views on H.R. 129, regarding 
conveyance with consideration of National Forest System lands 
located in the Los Padres National Forest.
    This legislation would authorize the Secretary to convey, 
subject to valid existing rights with consideration, all right, 
title, and interest in National Forest System land up to 5 
acres within the Los Padres National Forest located in Santa 
Barbara County, California. The Department appreciates this 
Committee's efforts to resolve this issue; however, we do not 
support H.R. 129 because there would be limited benefit to the 
public from this conveyance. This legislation would serve only 
a small, select group of citizens, the White Lotus Foundation. 
In addition, the conveyance would legitimize the Foundation's 
long-standing encroachments on lands in the Los Padres National 
Forest by allowing the Foundation to acquire them through 
legislation for the Foundation's private use and enjoyment.
    Adjacent landowners with similar long-standing 
encroachments on National Forest System lands in the Los Padres 
National Forest would not receive a remedy. These landowners 
are following H.R. 129 with interest, as the model for 
resolving their encroachment cases. Resolving the White Lotus 
Foundation encroachments through H.R. 129 would therefore set a 
precedent for resolution of other encroachment cases through 
case-specific legislation.
    Mr. Chairman and Members of the Subcommittee, this 
concludes my prepared statement. I am happy to answer any 
questions that you or Members of the Committee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the Act H.R. 129, as 
ordered reported. 


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