[House Report 110-861]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-861
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DEAFY GLADE LAND EXCHANGE ACT
_______
September 18, 2008.--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. 6159]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 6159) to provide for a land exchange involving
certain National Forest System lands in the Mendocino National
Forest in the State of 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. SHORT TITLE.
This Act may be cited as the ``Deafy Glade Land Exchange Act''.
SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange Required.--If Solano County, California (in this
section referred to as the ``County'') conveys to the Secretary of
Agriculture all right, title, and interest of the County in and to four
parcels of land consisting of a total of approximately 160 acres
identified on the map entitled ``Fouts Springs-Deafy Glade Federal and
Non-Federal Lands'' and dated July 17, 2008, the Secretary shall convey
to the County, in exchange, all right, title, and interest of the
United States in and to the parcel of land in the Mendocino National
Forest in the State of California (including any improvements on the
land) comprising approximately 82 acres and known as the Fouts Springs
Ranch, as also depicted on the map.
(b) Availability of Map.--The map referred to in subsection (a) shall
be on file and available for public inspection in the Office of the
Chief of the Forest Service. With the agreement of the County, the
Secretary may make technical corrections to the map and the legal
descriptions of the land to be exchanged under this section.
(c) Land Exchange Process.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange under this section.
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be exchanged under subsection (a) shall be
determined by a survey satisfactory to the Secretary. The costs of the
survey and any administrative costs related to the land exchange shall
be borne by the County.
(e) Condition on Use of Conveyed Land.--As a condition of the
conveyance to the County under subsection (a), the County shall agree
to continue to use the land acquired by the County under such
subsection for purposes consistent with the purposes listed in the
special use authorization for the Fouts Springs Ranch in effect as of
the date of the enactment of this Act. For a period of 10 years
commencing on the date of the enactment of this Act, the County shall
continue to pay the Secretary the special use permit fee in effect as
of that date.
(f) Easement Authority.--The Secretary may grant an easement to
provide continued access to, and maintenance and use of, the facilities
covered by the special use authorization referred to in subsection (e)
as necessary for the continued operation of the Fouts Springs Ranch
conveyed under subsection (a).
(g) Management of Acquired Land.--The lands acquired by the Secretary
under subsection (a) shall be added to and administered as part of the
Mendocino National Forest and managed in accordance with the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
and the laws and regulations applicable to the National Forest System.
(h) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to such additional terms and conditions
as the Secretary and the County may agree upon.
PURPOSE OF THE BILL
The purpose of H.R. 6159 is to provide for a land exchange
involving certain National Forest System lands in the Mendocino
National Forest in the State of California, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 6159 provides for a land exchange between the Forest
Service and Solano County, California. Solano County currently
has a special use permit for the Fouts Springs Youth
Correctional Facility on 82 acres of land in the Mendocino
National Forest. The County has been working diligently for
years to acquire wilderness quality forest lands to exchange
with the Forest Service in order to acquire the lands occupied
by the youth correctional facility.
Solano County, which operates the youth facility, is
located on the east side of the San Francisco Bay Area.
However, the land to be exchanged is located in Colusa County,
which lies north of San Francisco. Both Solano County and
Colusa County support H.R. 6159.
In June of 2006, the Forest Service prepared a Feasibility
Analysis on the proposed Fouts Springs Land Exchange. The
Feasibility Analysis found that ``the subject appraisals . . .
demonstrate the potential for an equal value exchange,'' and
that ``the hazardous fuels program would benefit from the
exchange.'' Furthermore, the lands the Forest Service would
acquire are wilderness-quality lands bordering the Snow
Mountain Wilderness Area and have been identified as priority
areas for land acquisition by the Forest Service dating as far
back as 1992. Nevertheless, the Forest Service has raised
concerns about the land exchange due to the potential impact it
may have on off-highway vehicle (OHV) use in the area. The
Feasibility Analysis concluded that the proposed land exchange
should not move forward and that ``the OHV user community would
likely be opposed to the exchange.'' H.R. 6159, however,
recognizes the public benefits of the land exchange.
COMMITTEE ACTION
H.R. 6159 was introduced on May 22, 2008 by Representative
George Miller (D-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. On July 15, 2008,
the Subcommittee held a legislative hearing on the bill during
which the Administration testified in opposition to the
legislation.
On July 23, 2008, the Subcommittee was discharged from
further consideration and the Full Natural Resources Committee
met to consider the bill. Representative Miller offered an
amendment in the nature of a substitute to update the map for
H.R. 6159; require that the County continue to use the land
conveyed for the purposes listed in the special use permit they
currently have to operate the Fouts Springs Youth Correctional
Facility; require the County to continue to pay the current
special use permit fee to the Forest Service for a period of 10
years; and authorize the Secretary to grant an easement to
provide continued access to, and maintenance and use of,
facilities necessary for the continued operation of the Fouts
Springs Youth Correctional Facility. It was adopted by voice
vote. The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Deafy
Glade Land Exchange Act''.
Section 2. Land Exchange, Mendocino National Forest, California
Section 2(a) requires Solano County to convey four parcels
of approximately 160 acres of wilderness-quality lands
bordering the Snow Mountain Wilderness Area in exchange for the
82-acre parcel of Mendocino National Forest land currently
occupied by the Fouts Springs Youth Correctional Facility.
Section 2(b) requires that the map for the land exchange
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service.
Section 2(c) requires that Section 206 of the Federal Land
Policy Management Act of 1976 (43 U.S.C. 1716) apply to this
land exchange. Therefore, the land exchange would be conducted
according to standards in the Federal Land Policy Management
Act related to equal-value exchanges and Uniform Appraisal
Standards.
Section 2(d) states that the exact acreage and legal
description of the land to be exchanged shall be determined by
a survey satisfactory to the Secretary. It further states that
the costs of the survey and any administrative costs related to
the land exchange shall be borne by the County.
Section 2(e) requires that as a condition of the land
exchange, the County shall agree to continue to use the land
acquired for purposes consistent with the purposes listed in
the special use authorization for the Fouts Springs Ranch is in
effect as of the date of enactment of this Act. Furthermore,
for a period of 10 years, the County shall continue to pay the
Secretary the current special use permit fee.
The current special use authorization for the Fouts Spring
Ranch is dated June 27, 2000, and there was an amendment on
February 25, 2008. Under the special use authorization, Solano
County pays the Secretary an annual special use permit fee of
$6,250.00. H.R. 6159 requires that the special use permit fee
continue to be paid for a period of 10 years in order to
satisfy House ``pay as you go'' requirements.
The Committee expects that Solano County, California, will
utilize the lands they acquire pursuant to H.R. 6159 for the
purposes of operation of the Fouts Springs Youth Correctional
Facility.
Section 2(f) authorizes the Secretary to grant an easement
to provide continued access to, and maintenance and use of,
facilities necessary for the continued operation of the Fouts
Springs Ranch.
Section 2(g) requires that the land exchange be subject to
such additional terms and conditions as the Secretary and the
County may agree upon.
The Committee expects the Secretary and the County to come
to agreement regarding water rights. The Committee recommends
that the County acquire the water rights associated with the
property, and that any water not necessary for the operation of
the Fouts Springs facility or put to reasonable and beneficial
use should be dedicated for instream beneficial uses. The
County shall be responsible for obtaining any necessary change
in use.
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 I, section 8 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 provide for a land exchange
involving certain National Forest System lands in the Mendocino
National Forest in the State of 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. 6159--Deafy Glade Land Exchange Act
H.R. 6159 would authorize the Secretary of Agriculture to
exchange 82 acres of land in the Mendocino National Forest for
160 acres owned by Solano County, California. Under current
law, the county pays the Forest Service about $6,000 per year
for the use of facilities on Forest Service land. As a
condition of the proposed land exchange, the county would be
required to continue to pay the $6,000 per year for 10 years
after the date of enactment of the legislation, but would have
no payment obligation after that point. In addition, the
administrative costs of the exchange would be paid for by the
county.
Based on information from the Forest Service, CBO estimates
that implementing H.R. 6159 would have a negligible effect on
direct spending and no effect on revenues or discretionary
outlays. The transactions authorized by the bill would reduce
offsetting receipts from existing fees by about $60,000 over
the 2009-2018 period, but most of that cost would be offset by
the amounts paid by the county as a condition of the exchange.
By selling the land to Solano County on an installment basis,
the federal government would effectively provide a direct loan
to the county for the purposes of completing the property sale.
Following the requirements of the Federal Credit Reform Act,
which specifies how to account for the costs of government
loans and loan guarantees, the budget would record an upfront
payment equivalent to the net present value of the county's
future payments, adjusted for any risk of defaults. Based on
information about the credit risk of such loans, CBO estimates
that the net present value of the county payments would total
$45,000. Thus, CBO estimates that enacting this bill would
increase net direct spending by $15,000 over the next 10 years.
H.R. 6159 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Tyler Kruzich.
This 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. 6159 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.