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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 
                               following

                              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.

                           BRIEF EXPLANATION

    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 
Forest.

                           SECTION-BY-SECTION

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 
Service.
    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 
private land.
    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.

                        COMMITTEE CONSIDERATION

    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 
vote.

                      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:

                                     U.S. Congress,
                               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.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

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 
governments.
    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 
legislation.

                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 
104-1).

                       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 
House Representatives.