39–006 

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). 


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(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. 


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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 NaVerDate Mar 15 2010 22:50 Dec 16, 2013 Jkt 039006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR295.XXX HR295

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tional 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. 

Æ 


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