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[House Report 111-197]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-197

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 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 deposited 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.

                   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.

                           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.

                                  
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