[House Report 113-295]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 113-295
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TO PROVIDE FOR THE CONVEYANCE OF A SMALL PARCEL OF NATIONAL FOREST
SYSTEM LAND IN LOS PADRES NATIONAL FOREST IN CALIFORNIA, AND FOR OTHER
PURPOSES
_______
December 16, 2013.--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. 3008]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3008) to provide for the conveyance of a small
parcel of National Forest System land in Los Padres National
Forest in California, 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. 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) Land Exchange.--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) Alternative 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 shall 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. 3008 is to provide for the conveyance
of a small parcel of National Forest System land in Los Padres
National Forest in California.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3008 gives the Secretary of Agriculture authority to
exchange, or 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. 3008 was introduced on August 2, 2013, by
Congresswoman Lois Capps (D-CA). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
November 14, 2013, the Natural Resources Committee met to
consider the bill. The Subcommittee on Public Lands and
Environmental Regulation was discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered an amendment in the
nature of a substitute to the bill; the amendment was adopted
by voice vote. The bill, as amended, was then adopted and
ordered favorably reported to the House of Representatives by
voice vote.
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. 3008--A bill to provide for the conveyance of a small parcel of
National Forest System land in Los Padres National Forest in
California, and for other purposes
CBO estimates that enacting H.R. 3008 would have a
negligible impact on the budget. The bill 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 Forest
Service would offer to sell the land to the foundation, and the
proceeds would be deposited in the Treasury.
If the Forest Service sold the affected land to the
foundation, enacting H.R. 3008 would increase offsetting
receipts, which are treated as reductions in direct spending;
therefore, pay-as-you-go procedures apply. Based on information
regarding the value of lands near the affected federal land,
CBO estimates that enacting the legislation could increase
offsetting receipts by less than $300,000 after 2015. Enacting
the legislation would not affect revenues.
H.R. 3008 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy 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. 3008 would have a negligible impact on the
budget.
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 provide for the conveyance of a
small parcel of National Forest System land in Los Padres
National Forest in California.
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.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.