79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–197 

AUTHORIZING THE CONVEYANCE OF CERTAIN NATIONAL 

FOREST SYSTEM LANDS IN THE LOS PADRES NATIONAL FOREST IN CALIFORNIA 

JULY 10, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 129] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (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, 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. LAND CONVEYANCE AUTHORITY, LOS PADRES NATIONAL FOREST, CALIFORNIA. 

(a) CONVEYANCE AUTHORITY.—Subject to valid existing rights, the Secretary of 

Agriculture may convey to the White Lotus Foundation all right, title, and interest 

of the United States in and to the real property within the Los Padres National Forest in California described in subsection (b). 

(b) DESCRIPTION OF PROPERTY.—The real property subject to conveyance under 

this Act is certain land located in Santa Barbara County, California, consisting of 

approximately 5 acres, as shown on the map titled ‘‘San Marcos Pass Encroachment 

for Consideration of Legislative Remedy’’, dated June 1, 2009. 

(c) SURVEY.—The exact acreage and legal description of the real property to be 

conveyed under this Act shall be determined by a survey satisfactory to the Secretary. 

(d) VALUATION.—Any appraisal of the real property to be conveyed under this Act 

shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions, 

and the appraisal shall be subject to the approval of the Secretary. 

(e) CONSIDERATION.—Consideration for conveyance of real property under this Act 

shall be in an amount not less than the appraised fair market value. 

(f) TREATMENT OF PROCEEDS.—The gross proceeds from the conveyance of real 

property under this Act shall be deposited in the fund established by Public Law 

90–171 (commonly known as the ‘‘Sisk Act’’; 16 U.S.C. 484a). The amount so deposVerDate Nov 24 2008 05:29 Jul 11, 2009 Jkt 079006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR197.XXX HR197

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ited shall be available to the Secretary, without further appropriation, for expenditure in the Los Padres National Forest. 

(g) PRE-EXISTING RIGHTS.—As a condition of the conveyance authorized under 

subsection (a), the Secretary shall require the White Lotus Foundation to continue 

to allow existing access to any roadway that may be conveyed by this Act. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under this Act as the 

Secretary considers appropriate to protect the interests of the United States. 

(i) SURVEY AND ADMINISTRATIVE COSTS.—The White Lotus Foundation shall pay 

the reasonable costs of survey, appraisal, and any other administrative costs associated with the conveyance. 

PURPOSE OF THE BILL

The purpose of H.R. 129 is to authorize the conveyance of certain 

National Forest System lands in the Los Padres National Forest in 

California. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 129 would authorize the U.S. Forest Service (FS) to sell for 

fair market value five acres within the Los Padres National Forest. 

A yoga studio owned by the White Lotus Foundation encroaches 

on those five acres of the National Forest. The previous owner of 

the facility was aware of the encroachment; however, the White 

Lotus Foundation did not have any knowledge of the encroachment 

when it purchased the facility. Subsequent notices from the FS 

alerted the Foundation to the problem. 

H.R. 129 would make it possible for the White Lotus Foundation 

to purchase those acres from the FS. The five acres in question are 

separated from the majority of the Los Padres National Forest by 

a road. Currently, both the access road to the White Lotus Foundation yoga studio and a cabin sit on the land detailed in H.R. 129. 

COMMITTEE ACTION

H.R. 129 was introduced on January 6, 2009 by Representative 

Elton Gallegly (R–CA). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests and Public Lands. At a hearing before 

the Subcommittee on May 14, 2009, the Administration testified in 

opposition to the bill as a matter of general policy (since passage 

of the legislation would result in a net loss of lands to the federal 

government). 

On June 10, 2009, the Subcommittee was discharged from further consideration of H.R. 129 and the Full Natural Resources 

Committee met to consider the bill. Subcommittee Chairman 

Grijalva offered an amendment in the nature of a substitute, which 

was agreed to by unanimous consent. The bill, as amended, was 

then favorably reported to the House of Representatives by unanimous consent. 

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. 


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CONSTITUTIONAL AUTHORITY STATEMENT

Article IV, section 3 of the Constitution of the United States 

grants Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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. 

2. 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. 

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 authorize the conveyance of certain National Forest 

System lands in the Los Padres National Forest in California. 

4. Congressional Budget Office Cost Estimate. 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. 129—A bill to authorize the conveyance of certain National 

Forest System lands in the Los Padres National Forest in California 

H.R. 129 would authorize the Secretary of Agriculture to sell 5 

acres of land in the Los Padres National Forest to the White Lotus 

Foundation. The proceeds of the sale would be available to the Forest Service, without further appropriation, to acquire other lands 

within the Los Padres National Forest. Administrative costs of the 

sale would be borne by the foundation. 

CBO estimates that enacting H.R. 129 would have no significant 

net effect on the federal budget. CBO expects that proceeds from 

the sale would be collected in 2010 and that the Forest Service 

would spend the proceeds within the next five years. 

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 Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 


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EARMARK STATEMENT

H.R. 129 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. 

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. 

Æ 


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