[House Report 112-216]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-216
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LOS PADRES NATIONAL FOREST CONVEYANCE
_______
September 23, 2011.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 241]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 241) to authorize the conveyance of certain
National Forest System lands in the Los Padres National Forest
in California, 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. 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) 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 OF THE BILL
The purpose of H.R. 241, as ordered reported, is to
authorize the conveyance of certain National Forest System
lands in the Los Padres National Forest in California.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 241 gives the Secretary of Agriculture authority to
convey for not less than the appraised market value
approximately five acres within the Los Padres National Forest
in California to the White Lotus Foundation. A short access
road that loops into U.S. Forest Service land is the only road
that allows White Lotus and the public access from San Marcos
Pass Road. Due to steep topography, there is no reasonable
alternative location for an access road and without this space
the White Lotus Foundation will be forced to cease its
operations.
COMMITTEE ACTION
H.R. 241 was introduced on January 7, 2011, by Congressman
Elton Gallegly (R-CA). 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
May 4, 2011, the Subcommittee on National Parks, Forests and
Public Lands held a hearing on the bill. On July 20, 2011, the
Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Forests and Public Lands was
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered an amendment; the amendment was adopted by unanimous
consent. The bill, as amended, 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 241--A bill to authorize the conveyance of certain National Forest
System lands in the Los Padres National Forest in California
H.R. 241 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 would be deposited in the
Treasury. Based on information from the Forest Service, CBO
estimates that enacting H.R. 241 would have no significant
impact on the federal budget because the agency is unlikely to
exchange or sell this parcel of land, and if it was sold or
exchanged, the net budgetary impact would be negligible.
If the Forest Service sold the affected land to the
foundation, enacting H.R. 241 would increase offsetting
receipts (a credit against direct spending); therefore, pay-as-
you-go procedures apply. Based on information provided by the
Forest Service, CBO estimates that enacting the legislation
could increase offsetting receipts by less than $150,000 after
2013. Enacting the legislation would not affect revenues.
H.R. 241 contains no intergovernmental or private-sector
mendates 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 Peter H. Fontaine, Assistant Director
for Budget Analysis.
2. Section 308(a) of 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. CBO estimates that
enacting H.R. 241 would have no significant impact on the
federal budget because the agency is unlikely to exchange or
sell the specified 5 acres of land in the Los Padres National
Forest, and if it was sold or exchanged, the net budgetary
impact would be negligible.
If the Forest Service sold the affected land to the
foundation, enacting H.R. 241 would increase offsetting
receipts (a credit against direct spending); therefore, pay-as-
you-go procedures apply. Based on information provided by the
Forest Service, CBO estimates that enacting the legislation
could increase offsetting receipts by less than $150,000 after
2013. Enacting the legislation would not affect revenues.
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.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
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.