H. Rept. 113-295 - 113th Congress (2013-2014)
December 16, 2013, As Reported by the Natural Resources Committee

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House Report 113-295 - 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




[House Report 113-295]
[From the U.S. Government Publishing Office]


113th Congress }                                       {         Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                       {        113-295

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

 
  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.