[House Report 112-216]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-216

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



 
                 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.

                                  
