89–010 

Calendar No. 540 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–270 

LAND CONVEYANCE IN THE LOS PADRES NATIONAL 

FOREST IN CALIFORNIA 

AUGUST 5, 2010.—Ordered to be printed 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 129] 

The Committee on Energy and Natural Resources, to which was 

referred the Act (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, reports favorably thereon 

with an amendment and recommends that the Act, as amended, do 

pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

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) IN GENERAL.—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. 


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(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) AUTHORITY OF SECRETARY TO CONDUCT 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 may 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) DISPOSITION OF PROCEEDS.— (1) IN GENERAL.—The Secretary shall deposit in the fund established under 

Public Law 90–171 (commonly known as the ‘‘Sisk Act’’) (16 U.S.C. 484a) any 

amount received by the Secretary as the result of— 

(A) any cash equalization payment made under subsection (b); and 

(B) any sale carried out under subsection (d). 

(2) USE OF PROCEEDS.—Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation and until expended, for the 

acquisition of land or interests in land in the Los Padres National Forest. 

(h) 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

The purpose of H.R. 129 is to authorize the Secretary of Agriculture to convey certain National Forest System land in the Los 

Padres National Forest in California. 

BACKGROUND AND NEED

The White Lotus Foundation is a non-profit organization that 

provides yoga training and practice and other services at a retreat 

on private land near Santa Barbara, California, adjacent to the Los 

Padres National Forest, and near other developed land within the 

forest. A number of longstanding improvements associated with the 

private property (e.g., rock retaining walls and storage sheds) were 

located without authorization on National Forest land by the previous owner of the private land. In addition, current access to the 

property across National Forest System land from the nearby public road is no longer in compliance with the authorizations that 

were originally issued by the Forest Service. 

In 2008, the Forest Service informed the White Lotus Foundation 

that it would have to obtain special use permits for the unauthorized uses of the National Forest land, enter into a land exchange 

with the Forest Service, remove the improvements, or seek legislative relief. To resolve the conflict, H.R. 129 would authorize the 


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Forest Service to exchange or sell to the Foundation approximately 

5 acres of land on which the unauthorized uses occur. 

LEGISLATIVE HISTORY

H.R. 129 was sponsored by Representative Gallegly, and passed 

the House of Representative by a vote of 400–0 on July 16, 2009. 

The Subcommittee on Public Lands and Forests held a hearing 

on the H.R. 129 on October 29, 2009 (S. Hrg. 111–223). The Committee on Energy and Natural Resources considered the bill and 

adopted an amendment in the nature of a substitute at its business 

meeting on June 16, 2010. The Committee ordered H.R. 129 favorably reported, as amended, at its business meeting on June 21, 

2010. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on June 21, 2010, by a voice vote of a 

quorum present, recommends that the Senate pass H.R. 129, if 

amended as described herein. 

COMMITTEE AMENDMENT

During its consideration of H.R. 129, the Committee adopted an 

amendment in the nature of a substitute. The amendment authorizes the Secretary to convey National Forest System Land to the 

White Lotus Foundation in an exchange carried out in accordance 

with section 206 of the Federal Land Policy and Management Act 

(43 U.S.C. 1716). Only if the land exchange cannot be completed 

within two years of the date of enactment would the Secretary be 

authorized to sell the Federal land. The amendment also clarifies 

and adds a number of definitions to the Act, clarifies provisions relating to applicable law, the appraisal of the property, additional 

terms and conditions, and the management and status of any acquired land. The amendment is explained in detail in the sectionby-section analysis below. 

SECTION-BY-SECTION ANALYSIS

Section 1 defines key terms used in the Act. 

Section 2(a) authorizes the Secretary to convey approximately 5 

acres of National Forest System land in exchange for non-Federal 

land that is acceptable to the Secretary. 

Subsection (b) specifies that the land exchange must be carried 

out in accordance with section 206 of the Federal Land Policy and 

Management Act of 1976 (43 U.S.C. 1716). 

Subsection (c) provides that it is the intent of Congress that the 

land exchange be completed within two years after the date of the 

enactment of the Act. 

Subsection (d) authorizes the Secretary to sell the National Forest System land to the White Lotus Foundation for fair market 

value if a land exchange is not completed within two years of the 

date of enactment. Neither subsection (c) nor (d) precludes the Secretary from conveying the Federal land by exchange after two 

years from the date of enactment; subsection (d) merely provides 

additional discretion to the Secretary to convey the Federal land by 

sale after that period. 


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Subsection (e) states that the conveyance is subject to valid existing rights, a finding by the Secretary that the conveyance of the 

Federal land is in the public interest, and such terms and conditions as the Secretary considers appropriate. It also requires the 

Foundation to pay the survey, appraisal, and any other administrative costs of the conveyance. 

Subsection (f) requires the land to be appraised by an independent appraiser in accordance with nationally-recognized appraisal standards. 

Subsection (g) directs the Secretary to deposit any proceeds from 

the conveyance in the Sisk Act fund (16 U.S.C. 484a) to acquire 

other land or interests in land in the Los Padres National Forest. 

Subsection (h) directs the Secretary to manage the non-Federal 

land acquired from the Foundation in accordance with the Weeks 

Law (16 U.S.C. 480 et seq.) and any laws applicable to the National 

Forest System. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

H.R. 129—An act to authorize the conveyance of certain National 

Forest System lands in the Los Padres National Forest in California 

H.R. 129 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 federal land could be sold to the foundation, and 

the proceeds could be spent without further appropriation. Based 

on information from the Forest Service, CBO estimates that enacting H.R. 129 would have no significant net impact on the federal 

budget. 

The Statutory Pay-As-You-Go Act of 2010 establishes budget reporting and enforcement procedures for legislation affecting direct 

spending or revenues. If the Forest Service sold the affected land 

to the foundation, H.R. 129 would increase offsetting receipts (a 

credit against direct spending) and associated direct spending; 

therefore, pay-as-you-go procedures would apply. However, CBO estimates that enacting the legislation would have no significant net 

impact on direct spending. Enacting the legislation would not affect 

revenues. 

On June 26, 2009, CBO transmitted a cost estimate for H.R. 129, 

as ordered reported by the House Committee on Natural Resources 

on June 10, 2009. Both versions of the legislation would authorize 

the sale of federal land; however, the Senate version would authorize the Forest Service to sell the affected land if the agency cannot 

complete a land exchange within two years of the enactment of the 

legislation. 

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 Sam Papenfuss, Unit Chief for Income Security and Education Cost Estimates Unit, Budget Analysis Division. 


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REGULATORY IMPACT EVALUTION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

H.R. 129. 

The Act is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of H.R. 129, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

H.R. 129, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The views of the Administration were included in testimony received by the Committee at the October 29, 2009, subcommittee 

hearing on H.R. 129 (S. Hrg. 111–223), which is printed below: 

STATEMENT OF JOEL HOLTROP, DEPUTY CHIEF, NATIONAL

FOREST SYSTEM, FOREST SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman, Ranking Member Barrasso, and Members of the Subcommittee, I appreciate the opportunity to 

appear before you today to provide the Department’s views 

on H.R. 129, regarding conveyance with consideration of 

National Forest System lands located in the Los Padres 

National Forest. 

This legislation would authorize the Secretary to convey, 

subject to valid existing rights with consideration, all 

right, title, and interest in National Forest System land up 

to 5 acres within the Los Padres National Forest located 

in Santa Barbara County, California. The Department appreciates this Committee’s efforts to resolve this issue; 

however, we do not support H.R. 129 because there would 

be limited benefit to the public from this conveyance. This 

legislation would serve only a small, select group of citizens, the White Lotus Foundation. In addition, the conveyance would legitimize the Foundation’s long-standing encroachments on lands in the Los Padres National Forest 

by allowing the Foundation to acquire them through legislation for the Foundation’s private use and enjoyment. 

Adjacent landowners with similar long-standing encroachments on National Forest System lands in the Los 

Padres National Forest would not receive a remedy. These 

landowners are following H.R. 129 with interest, as the 

model for resolving their encroachment cases. Resolving 

the White Lotus Foundation encroachments through H.R. 


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129 would therefore set a precedent for resolution of other 

encroachment cases through case-specific legislation. 

Mr. Chairman and Members of the Subcommittee, this 

concludes my prepared statement. I am happy to answer 

any questions that you or Members of the Committee may 

have. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the Act H.R. 129, as ordered reported. 


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