(This measure has not been amended since it was reported to the House on September 23, 2011. The summary of that version is repeated here.)
Authorizes the Secretary of Agriculture (USDA), if the White Lotus Foundation in Santa Barbara, California, offers to convey to the Secretary a parcel of non-federal land that is acceptable to the Secretary and the Secretary accepts the offer, to convey approximately five acres of certain identified National Forest System land in Santa Barbara County to the Foundation.
Subjects the land exchange to provisions under the Federal Land Policy and Management Act of 1976 related to exchanges of public lands and interests therein within the National Forest System.
Expresses the intent of Congress that the land exchange be completed within two years of enactment of this Act. Allows the Secretary to offer to sell to the White Lotus Foundation the federal land for fair market value if such exchange is not completed by such time.
Makes the land exchange and any such sale subject to specified additional terms and conditions, including to valid existing rights and the White Lotus Foundation paying the reasonable costs of surveys, appraisals, and other administrative costs associated with the exchange or sale.
Requires land conveyed by exchange or sale under this Act to be appraised by an independent appraiser selected by the Secretary and such an appraisal to be conducted in accordance with nationally recognized appraisal standards.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 241 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 241
To authorize the conveyance of certain National Forest System lands in
the Los Padres National Forest in California.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To authorize the conveyance of certain National Forest System lands in
the Los Padres National Forest in California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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) In General.--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).
(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) Authority of Secretary To Conduct 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 may
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) Disposition of Proceeds.--
(1) In general.--The Secretary shall deposit in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a) any amount received by the
Secretary as the result of--
(A) any cash equalization payment made under
subsection (b); and
(B) any sale carried out under subsection (d).
(2) Use of proceeds.--Amounts deposited under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition of land
or interests in land in the Los Padres National Forest.
(h) 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on National Parks, Forests and Public Lands.
Subcommittee Hearings Held.
Subcommittee on National Parks, Forests and Public Lands Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Unanimous Consent.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-216.
Reported (Amended) by the Committee on Natural Resources. H. Rept. 112-216.
Placed on the Union Calendar, Calendar No. 140.
Mr. Hastings (WA) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H3438-3439)
DEBATE - The House proceeded with forty minutes of debate on H.R. 241.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H3438)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3438)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.