[House Report 111-197]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-197
======================================================================
AUTHORIZING THE CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LANDS IN
THE LOS PADRES NATIONAL FOREST IN CALIFORNIA
_______
July 10, 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. 129]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (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, 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. LAND CONVEYANCE AUTHORITY, LOS PADRES NATIONAL FOREST,
CALIFORNIA.
(a) Conveyance Authority.--Subject to valid existing rights, the
Secretary of Agriculture may convey to the White Lotus Foundation all
right, title, and interest of the United States in and to the real
property within the Los Padres National Forest in California described
in subsection (b).
(b) Description of Property.--The real property subject to conveyance
under this Act is certain land located in Santa Barbara County,
California, consisting of approximately 5 acres, as shown on the map
titled ``San Marcos Pass Encroachment for Consideration of Legislative
Remedy'', dated June 1, 2009.
(c) Survey.--The exact acreage and legal description of the real
property to be conveyed under this Act shall be determined by a survey
satisfactory to the Secretary.
(d) Valuation.--Any appraisal of the real property to be conveyed
under this Act shall conform to the Uniform Appraisal Standards for
Federal Land Acquisitions, and the appraisal shall be subject to the
approval of the Secretary.
(e) Consideration.--Consideration for conveyance of real property
under this Act shall be in an amount not less than the appraised fair
market value.
(f) Treatment of Proceeds.--The gross proceeds from the conveyance of
real property under this Act 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 in the Los Padres
National Forest.
(g) Pre-Existing Rights.--As a condition of the conveyance authorized
under subsection (a), the Secretary shall require the White Lotus
Foundation to continue to allow existing access to any roadway that may
be conveyed by this Act.
(h) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
this Act as the Secretary considers appropriate to protect the
interests of the United States.
(i) Survey and Administrative Costs.--The White Lotus Foundation
shall pay the reasonable costs of survey, appraisal, and any other
administrative costs associated with the conveyance.
PURPOSE OF THE BILL
The purpose of H.R. 129 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. 129 would authorize the U.S. Forest Service (FS) to
sell for fair market value five acres within the Los Padres
National Forest.
A yoga studio owned by the White Lotus Foundation
encroaches on those five acres of the National Forest. The
previous owner of the facility was aware of the encroachment;
however, the White Lotus Foundation did not have any knowledge
of the encroachment when it purchased the facility. Subsequent
notices from the FS alerted the Foundation to the problem.
H.R. 129 would make it possible for the White Lotus
Foundation to purchase those acres from the FS. The five acres
in question are separated from the majority of the Los Padres
National Forest by a road. Currently, both the access road to
the White Lotus Foundation yoga studio and a cabin sit on the
land detailed in H.R. 129.
COMMITTEE ACTION
H.R. 129 was introduced on January 6, 2009 by
Representative 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.
At a hearing before the Subcommittee on May 14, 2009, the
Administration testified in opposition to the bill as a matter
of general policy (since passage of the legislation would
result in a net loss of lands to the federal government).
On June 10, 2009, the Subcommittee was discharged from
further consideration of H.R. 129 and the Full Natural
Resources Committee met to consider the bill. Subcommittee
Chairman Grijalva offered an amendment in the nature of a
substitute, which was agreed to by unanimous consent. The bill,
as amended, was then 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.
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 conveyance of
certain National Forest System lands in the Los Padres National
Forest in California.
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. 129--A bill to authorize the conveyance of certain National Forest
System lands in the Los Padres National Forest in California
H.R. 129 would authorize the Secretary of Agriculture to
sell 5 acres of land in the Los Padres National Forest to the
White Lotus Foundation. The proceeds of the sale would be
available to the Forest Service, without further appropriation,
to acquire other lands within the Los Padres National Forest.
Administrative costs of the sale would be borne by the
foundation.
CBO estimates that enacting H.R. 129 would have no
significant net effect on the federal budget. CBO expects that
proceeds from the sale would be collected in 2010 and that the
Forest Service would spend the proceeds within the next five
years.
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 Peter H. Fontaine, Assistant Director
for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 129 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.