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111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-251
PISGAH NATIONAL FOREST BOUNDARY ADJUSTMENT ACT OF 2009
September 10, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
Mr. Peterson, from the Committee on Agriculture, submitted the
R E P O R T
[To accompany H.R. 1002]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 1002) to adjust the boundaries of Pisgah National Forest
in McDowell County, North Carolina, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
H.R. 1002 adjusts the boundaries of Pisgah National Forest
in McDowell County, North Carolina.
PURPOSE AND NEED
H.R. 1002 authorizes the Forest Service to alter the
boundaries of the Pisgah National Forest in North Carolina to
give better access to the Catawba Falls. The bill modifies the
boundaries of the forest to include a parcel of land consisting
of 301 acres.
In the 1990s, the Forest Service purchased 239 acres
adjacent to the falls to ensure its preservation. Recently,
another adjacent private parcel of 88 acres became available
making possible parking and trailhead expansion for the falls
area. The Foothills Conservancy purchased this land but would
like to sell it to the Forest Service and have it included
within the Pisgah boundary.
The bill would permit the sale of privately held land by
the Forest Service and alter the boundary of the National
Section 1. Short title
Short title; states that the Act may be cited as ``Pisgah
National Forest Boundary Adjustment Act of 2009''.
Section 2. Boundary adjustment, Pisgah National Forest, North Carolina
Modifies the boundaries of the Pisgah National Forest in
McDowell County, North Carolina, to include a parcel of land
consisting of 301 acres, of which approximately 213 acres are
owned by the United States and administered by the U.S. Forest
Subject to appropriations of funds and with the consent of
the owner of the private land located within the modified
boundaries, the Secretary of Agriculture may acquire the
Any federally owned lands that have been, or may be,
acquired for National Forest System purposes within the
modified boundaries are to be managed under the authority
provided to the Secretary of Agriculture by the Weeks Act, and
in accordance with other laws and regulations pertaining to the
National Forest System.
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on July 29, 2009, to consider H.R. 1002 and
other pending legislation.
Members were recognized and each made a statement in
support of the legislation.
There being no amendments, Mr. Lucas moved that H.R. 1002
be reported favorably to the House with the recommendation that
it do pass.
By a voice vote, and in the presence of a quorum, H.R. 1002
was ordered favorably reported to the House.
Chairman Peterson then advised Members that pursuant to the
rules of the House of Representatives that Members have 2
calendar days to file such views with the Committee. No Members
came forth with intent to file additional views.
Without objection, staff was given permission to make any
necessary clerical, technical or conforming changes to reflect
the intent of the Committee.
Chairman Peterson thanked all the Members and adjourned the
meeting subject to the call of the chair.
REPORTING THE BILL--ROLLCALL VOTES
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 1002 was reported by voice vote with a
majority quorum present. There was no request for a recorded
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
Congressional Budget Office,
Washington, DC, August 19, 2009.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1002, the Pisgah
National Forest Boundary Adjustment Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
H.R. 1002--Pisgah National Forest Boundary Adjustment Act of 2009
H.R. 1002 would expand the boundary of the Pisgah National
Forest in North Carolina by about 300 acres and authorize the
Forest Service to acquire private land within the new boundary.
Based on information provided by the Forest Service and
assuming the availability of appropriated funds, CBO estimates
that implementing H.R. 1002 would cost less than $1 million
over the next year or two. Enacting the legislation would not
affect direct spending or revenues.
The bill 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
Under H.R. 1002, about 213 acres of federal land already
administered by the Forest Service would be transferred into
the national forest, and 88 acres of private land would be
purchased from a local conservation group. The new parcels
would be used to improve public access to the national forest.
CBO estimates that acquiring the private property would
cost about $700,000 in 2010. Additional upfront costs related
to surveying, mapping, and signage (along with minor trail
development expenses) are estimated to total a few thousand
dollars over the next two years. We expect that the cost of
managing the national forest would not change significantly as
a result of the expansion.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirement of clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives, the
performance goals and objections of this legislation are to
adjust the boundaries of Pisgah National Forest in McDowell
County, North Carolina.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the
Constitutional authority for this legislation in Article I,
clause 8, section 18, that grants Congress the power to make
all laws necessary and proper for carrying out the powers
vested by Congress in the Constitution of the United States or
in any department or officer thereof.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
FEDERAL MANDATES STATEMENT
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
EARMARK STATEMENT REQUIRED BY CLAUSE 9 OF RULE XXI OF THE RULES OF
HOUSE OF REPRESENTATIVES
H.R. 1002 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 of the Rules of the