[House Report 114-769]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-769
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CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND ADJUSTMENT
_______
September 20, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Conaway, from the Committee on Agriculture, submitted the following
R E P O R T
[To accompany H.R. 470]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 470) to authorize the sale of certain National Forest
System land in the State of Georgia, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
BRIEF EXPLANATION
The Chattahoochee-Oconee National Forest Land Adjustment
Act, H.R. 470, authorizes the Secretary of Agriculture to sell
or exchange any or all interest of the United States in 30
tracts of National Forest System land in Georgia totaling
approximately 3,841 acres.
PURPOSE AND NEED FOR THE LEGISLATION
Currently, the U.S. Forest Service (USFS) owns numerous
tracts of land in Georgia that exist as small isolated parcels,
disconnected from the core lands of the Chattahoochee-Oconee
National Forest. Intervening growth and development hinders
efforts to bridge gaps between the core National Forest and
outlying lands and, thus, is the primary reason that many of
these tracts no longer warrant Federal ownership. The Committee
believes managing these tracts for public benefit and use is a
waste of taxpayer money.
At the same time, the USFS has identified critical
inholdings, edge-holdings, and connections that if added to
National Forest lands, would streamline land management, better
protect flora and fauna, and add value to the National Forest
as a recreational asset.
H.R. 470, the Chattahoochee-Oconee National Forest Land
Adjustment Act of 2015, will allow the sale of these isolated
parcels (30 in total; 3,841 acres; as identified as desired
disposal by the USFS). The proceeds from the sale of these
parcels will go into a Federal account that the USFS may use
only to buy critical inholdings from willing sellers. The funds
could only be spent inside the existing USFS proclamation
boundary in Georgia.
Georgia's lone National Forest is a huge economic
generator. Opportunities for hunting, fishing and hiking will
improve with the consolidation of Federal lands. H.R. 470 is a
pragmatic way to make the Chattahoochee-Oconee National Forest
a better place to recreate.
SECTION-BY-SECTION ANALYSIS OF LEGISLATION
Section 1. Short title
Section 1 of the bill designates the title of the bill as
the ``Chattahoochee-Oconee National Forest Land Adjustment Act
of 2015.''
Section 2. Findings and definitions
Section 2 of the bill provides Congressional findings
related to the public interest of disposing of certain tracts
of land in the National Forest System. The section further
defines the term ``Secretary'' as the Secretary of Agriculture.
Section 3. Land conveyance authority
Subsection (a) of section 3 gives the Secretary general
authority to sell or exchange rights, title, and interest of
the United States in certain National Forest System lands.
Subsection (b) identifies such land as 30 tracts, totaling
approximately 3,841 acres, in the Chattahoochee-Oconee National
Forest. The subsection further requires maps of such lands to
be on file and available for public inspection. Finally, the
subsection allows the Secretary to modify boundaries for the
purpose of land management considerations.
Subsection (c) requires the Secretary to sell the land by
quitclaim deed and allows for the reservation of rights-of-way
and other rights necessary for protecting the public interest.
Subsection (d) requires that the land be sold for no less
than market value, as determined by either appraisal or
competitive bid.
Subsection (e) requires cash consideration for the sale or
a cash equalization payment in excess of 25% of the value of
land in an exchange.
Subsection (f) establishes method of sale options and
allows for solicitations for sale or exchange of land.
Subsection (g) allows the use of brokers or third parties,
including the payment of any reasonable commission or fee.
Section 4. Treatment of proceeds
Subsection (a) of section 4 directs that upon the sale of
the land, any proceeds be deposited into the Sisk Act fund.
Subsection (b) requires that the Secretary may only use
such proceeds to purchase other tracts of land within the State
of Georgia.
COMMITTEE CONSIDERATION
I. Hearings
No hearings were held by the Committee on the
Chattahoochee-Oconee National Forest Land Adjustment Act of
2015.
II. Full Committee
The Committee on Agriculture met, pursuant to notice, with
a quorum present, on September 14, 2016, to consider H.R. 470,
the Chattahoochee-Oconee National Forest Land Adjustment Act of
2015.
Chairman Conaway asked unanimous consent that the
Subcommittee on Conservation and Forestry be discharged from
further consideration of H.R. 470, and without objection, it
was so ordered. H.R. 470 was then placed before the Committee
for consideration. Without objection, a first reading of the
bill was waived and it was open to amendment at any point.
Chairman Conaway, Mr. Peterson, and Mr. Allen were
recognized for statements. There being no amendments, Mr.
Peterson was recognized to offer a motion that the bill H.R.
470 be reported favorably to the House with recommendation that
it do pass. The motion was subsequently approved by voice vote.
At the conclusion of the meeting, Chairman Conaway advised
Members that, pursuant to the rules of the House of
Representatives, Members had until September 16, 2016 to file
any supplemental, minority, additional, or dissenting views
with the Committee. Without objection, staff was given
permission to make any necessary clerical, technical or
conforming changes to reflect the intent of the Committee.
Chairman Conaway thanked all the Members and adjourned the
meeting.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the House of
Representatives, H.R. 470 was reported by voice vote with a
majority quorum present. There was no request for a recorded
vote.
COMMITTEE OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee on Agriculture's
oversight findings and recommendations are reflected in the
body of this report.
BUDGET ACT COMPLIANCE (SECTIONS 308, 402, AND 423)
The provisions of clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives and section 308(a)(1) of the
Congressional Budget Act of 1974 (relating to estimates of new
budget authority, new spending authority, new credit authority,
or increased or decreased revenues or tax expenditures) are not
considered applicable. The estimate and comparison required to
be prepared by the Director of the Congressional Budget Office
under clause 3(c)(3) of rule XIII of the Rules of the House of
Representatives and sections 402 and 423 of the Congressional
Budget Act of 1974 submitted to the Committee prior to the
filing of this report are as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 16, 2016.
Hon. K. Michael Conaway,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 470, the
Chattahoochee-Oconee National Forest Land Adjustment Act of
2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
H.R. 470--Chattahoochee-Oconee National Forest Land Adjustment Act of
2015
H.R. 470 would authorize the Secretary of Agriculture to
convey, through sale or land exchange, roughly 3,800 acres of
National Forest System land in Georgia.
Enacting H.R. 470 would increase offsetting receipts, which
are treated as reductions in direct spending, from proceeds
generated by the sale of the affected lands and associated
direct spending; therefore, pay-as-you-go procedures apply.
However, CBO estimates that any net effect on direct spending
would be negligible. Enacting the bill would not affect
revenues.
CBO expects that the Forest Service would seek to sell the
affected lands rather than exchange them for nonfederal forest
lands. Based on an analysis of real estate listings for
comparable land in northern Georgia, CBO estimates that the
affected lands could be sold for an average of about $5,000 per
acre; the receipts from the sale of all 3,800 acres would total
about $20 million However, because the bill would authorize the
Forest Service to retain and spend any proceeds from such
sales, the net effect on the federal budget over the 2017-2026
period would be negligible.
CBO estimates that enacting H.R. 470 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 470 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
PERFORMANCE GOALS AND OBJECTIVES
H.R. 470 does not authorize funding, therefore clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives is inapplicable.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(2) of rule XIII of the Rules of the
House of Representatives, the Committee report incorporates the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to sections 402 and 423 of the
Congressional Budget Act of 1974.
ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
FEDERAL MANDATES STATEMENT
The Committee adopted as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (Public Law 104-4).
EARMARK STATEMENT REQUIRED BY CLAUSE 9 OF RULE XXI OF THE RULES OF THE
HOUSE OF REPRESENTATIVES
H.R. 470 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(e), 9(f), or 9(g) of rule XXI of the Rules of the
House of Representatives.
DUPLICATION OF FEDERAL PROGRAMS
This bill does not establish or reauthorize a program of
the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
DISCLOSURE OF DIRECTED RULE MAKINGS
The Committee does not believe that the legislation directs
an executive branch official to conduct any specific rule
making proceedings within the meaning of 5 U.S.C. 551.
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