[House Report 110-553]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-553
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HELP TO ACCESS LAND FOR THE EDUCATION OF SCOUTS
_______
March 31, 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. 2675]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2675) to provide for the conveyance of
approximately 140 acres of land in the Ouachita National Forest
in Oklahoma to the Indian Nations Council, Inc., of the Boy
Scouts of America, 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 ``Help to Access Land for the Education
of Scouts'' or ``HALE Scouts Act''.
SEC. 2. LAND CONVEYANCE, OUACHITA NATIONAL FOREST, OKLAHOMA.
(a) Finding.--Congress finds that it is in the public interest to
provide for the sale of certain federally owned land in the Ouachita
National Forest in Oklahoma to the Indian Nations Council, Inc., of the
Boy Scouts of America, for market value consideration.
(b) Conveyance Required.--Subject to valid existing rights, the
Secretary of Agriculture shall convey, by quitclaim deed, to the Indian
Nations Council, Inc., of the Boy Scouts of America (in this section
referred to as the ``Council'') all right, title, and interest of the
United States in and to certain National Forest System land in the
Ouachita National Forest in the State of Oklahoma consisting of
approximately 140 acres, depending on the final measurement of the road
set back and the actual size of the affected sections, as more fully
described in subsection (c). The conveyance may not include any land
located within the Indian Nations National Scenic and Wildlife Area
designated by section 10 of the Winding Stair Mountain National
Recreation and Wilderness Area Act (16 U.S.C. 460vv-8).
(c) Covered Lands.--The National Forest System land to be conveyed
under subsection (b) is depicted on the map entitled ``Boy Scout Land
Request--Ouachita NF''. The map shall be on file and available for
public inspection in the Forest Service Regional Office in Atlanta,
Georgia.
(d) Consideration.--As consideration for the land conveyed under
subsection (b), the Council shall pay to the Secretary an amount equal
to the fair market value of the land, as determined by an appraisal
approved by the Secretary and done in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions and section 206 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
(e) Use of Proceeds.--The consideration received under subsection (d)
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 for the acquisition of land and
interests in land in the Ouachita National Forest.
(f) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be conveyed under subsection (b) shall be
determined by a survey satisfactory to the Secretary. The Council shall
pay the reasonable costs of survey, appraisal, and any administrative
analyses required by law.
(g) Access.--Access to the land conveyed under subsection (b) shall
be from the adjacent land of the Council or its successor.
Notwithstanding section 1323(a) of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3210(a)), the Secretary shall not be
required to provide additional access to the conveyed land.
(h) Additional Terms and Conditions.--The Secretary may prescribe
such terms and conditions on the conveyance under subsection (b) as the
Secretary considers in the public interest, including the reservation
of access rights to the conveyed land for administrative purposes.
PURPOSE OF THE BILL
The purpose of H.R. 2675 is to provide for the conveyance
of approximately 140 acres of land in the Ouachita National
Forest in Oklahoma to the Indian Nations Council, Inc., of the
Boy Scouts of America, and for other purposes.
BACKGROUND AND NEED FOR LEGISLATION
In 1963, the Indian Nations Council acquired 480 acres of
wilderness area in the Ouachita National Forest from the State
of Oklahoma and U.S. Forest Service to establish Camp Tom Hale.
According to the president of the Indian Nations Council of the
Boy Scouts, this adventure camp currently serves over 6,300
scouts per summer (as well as many adult leader training
courses) covering a wide variety of outdoor and first aid
skills.
The organization has worked with the Forest Service over
the last four years to coordinate the purchase of an additional
140 acres of U.S. Forest Service land immediately adjacent to
the existing Camp Tom Hale facility. Funding has been approved
by the Indian Nations Council Board for the purchase including
the immediate construction of infrastructure and facilities to
camp 180 additional scouts per week, once the acquisition is
completed. Additional camping and program facilities on this
addition are anticipated in the near future.
COMMITTEE ACTION
H.R. 2675 was introduced on June 12, 2007, by
Representative Dan Boren (D-OK). 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
March 6, 2008, the Subcommittee held a hearing on the bill
during which the Administration testified in support of the
legislation. On March 12, 2008, the Full Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged from further consideration of H.R. 2675.
Representative Boren (D-OK) offered an amendment in the nature
of a substitute to identify maps relevant to the land transfer
and ensure that the land appraisal process is accomplished in
accordance with the Federal Land Policy and Management Act of
1976. The Boren amendment was adopted by unanimous consent. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 titles the act as the ``Help to Access Land for
the Education of Scouts'' or ``HALE Scouts Act.''
Section 2. Land conveyance, Ouachita National Forest, Oklahoma
Section 2(a) states the finding of Congress that the
proposed land transfer is in the public interest.
Section 2(b) requires the Secretary of Agriculture
(``Secretary'') to convey to the Indian Nations Council, Inc.,
of the Boy Scouts of America (``Council'') all right, title and
interest of the United States to approximately 140 acres of
land in the Ouachita National Forest. The conveyance may not
include any land located within the Indian Nations National
Scenic and Wildlife Area.
Section 2(c) of H.R. 2675 identifies the National Forest
System lands to be conveyed and identifies the location of the
map of these parcels.
Section 2(d) requires that the Council pay the Secretary an
amount equal to fair market value for the land, as determined
by the Secretary in conformity with the Uniform Appraisal
Standards for Federal Land Acquisitions and the Federal Land
Policy and Management Act of 1976.
Section 2(e) requires that the proceeds from the land
conveyance shall be made available to the Secretary for
expenditure for acquisition of land and interests in land in
the Ouachita National Forest.
Section 2(f) requires that the land to be conveyed be
surveyed and legally described and that such costs will be paid
by the Council.
Section 2(g) states that access to the land conveyed by
this Act shall be from the adjacent land of the Council or its
successor and that the Secretary will not be required to
provide access to the conveyed land.
Section 2(h) authorizes the Secretary prescribe such terms
and conditions to the conveyance that are deemed necessary to
protect the public interest.
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 the conveyance of
approximately 140 acres of land in the Ouachita National Forest
in Oklahoma to the Indian Nations Council, Inc., of the Boy
Scouts of America.
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. 2675--HALE Scouts Act
H.R. 2675 would require the Secretary of Agriculture to
convey, at fair market value, approximately 140 acres of land
in the Ouachita National Forest, Oklahoma, to the Indian
Nations Council, Inc. (a chartered council of the Boy Scouts of
America).
Based on information from the Forest Service, CBO estimates
that implementing this legislation would have no significant
effect on the federal budget. The council would be required to
pay any administrative costs associated with the conveyance.
Further, the Forest Service would be able to retain the
proceeds from the sale of the land to acquire other land.
Enacting the legislation would not affect revenues.
H.R. 2675 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 Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 2675 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.