Los Padres National Forest Land Exchange Act - Authorizes the Secretary of Agriculture to convey specified National Forest System lands to the United Water Conservation District of California in exchange for the conveyance of specified non-federal lands to the Secretary.
Makes the completion of such land exchange a priority for the Forest Service and instructs the Forest Service to endeavor to complete the exchange within one year of enactment.
Requires the Secretary to reserve easements for all trails and roads considered necessary for administrative purposes and to ensure public access.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 281 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 281
To provide for an exchange of lands between the Secretary of
Agriculture and the United Water Conservation District of California to
eliminate certain private inholdings in the Los Padres National Forest,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2011
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for an exchange of lands between the Secretary of
Agriculture and the United Water Conservation District of California to
eliminate certain private inholdings in the Los Padres National Forest,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange.--In exchange for all right, title, and interest
of the United Water Conservation District of California (in this
section referred to as the ``District'') in and to the lands described
in subsection (b), the Secretary of Agriculture may convey to the
District all right, title, and interest of the United States in and to
the National Forest System lands described in subsection (c). The
conveyance of National Forest System lands under this section shall be
subject to valid existing rights and to such terms, conditions, and
reservations as may be required by this section or considered necessary
by the Secretary.
(b) Lands To Be Conveyed by District.--The lands to be conveyed by
the District under subsection (a) consist of approximately 340 acres
located within township 5 north, range 18 west, San Bernardino base and
meridian and are more fully described as follows:
(1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40
acres).
(2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40
acres).
(3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80
acres).
(4) ``Tract D''--NE1/4 of section 21 (approximately 160
acres).
(5) ``Tract E''--N1/2SW1/4SW1/4 of section 15
(approximately 20 acres).
(c) Lands To Be Conveyed by Secretary.--The National Forest System
lands to be conveyed by the Secretary under subsection (a) consist of
approximately 440 acres located within township 5 north, range 18 west,
San Bernardino base and meridian and are more fully described as
follows:
(1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80
acres).
(2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40
acres).
(3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15
(approximately 20 acres).
(5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15
(approximately 10 acres).
(6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately
2.5 acres).
(8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15
(approximately 5 acres).
(9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15
(approximately 2.5 acres).
(10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15
(approximately 10 acres).
(11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15
(approximately 10 acres).
(14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22
(approximately 10 acres).
(15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22
(approximately 2.5 acres).
(16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22
(approximately 2.5 acres).
(17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22
(approximately 20 acres).
(18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately
40 acres).
(19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately
80 acres).
(20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22
(approximately 20 acres).
(21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately
60 acres).
(22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27
(approximately 10 acres).
(d) Implementation of Land Exchange.--
(1) Maps; public availability.--The lands to be exchanged
under this section are depicted on maps entitled ``Los Padres
National Forest Land Exchange'' and dated June 1, 2005. The
maps shall be on file and available for public inspection in
appropriate offices of the Forest Service until completion of
the land exchange. The Secretary may also correct errors in the
maps or the accompanying legal descriptions.
(2) Modification of statutory terms of exchange.--By mutual
agreement to facilitate the land exchange under this section,
the Secretary and the District may reduce the number of tracts
of land involved in the land exchange or adjust the legal
descriptions specified in subsections (b) and (c) and the
boundaries depicted on the maps referred to in paragraph (1)
based upon the environmental analysis conducted and public
input obtained in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(3) Priority for completion.--The Secretary shall order
completion of the land exchange under this section to be a
priority for the Forest Service, which shall endeavor to
complete the land exchange within one year after the date of
the enactment of this Act.
(4) Administrative costs.--The costs of conducting the land
exchange under this section shall be shared equally by the
District and the Secretary. The costs to be shared include
expenditures incurred for survey, mapping, appraisals, closing
costs, recording fees, and similar expenditures, but do not
include staff salaries, administrative overhead, attorney fees,
the cost of construction required by subsection (e)(2), or the
costs to cure any title defects.
(5) Title standards.--The Secretary shall require that
title to the District lands to be acquired by the Secretary
under this section is in conformity with the title standards of
the Attorney General.
(e) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands under this section, the Secretary shall reserve
easements for all roads and trails that the Secretary considers
to be necessary or desirable to provide for administrative
purposes and to ensure public access to National Forest System
lands. In particular, the Secretary shall reserve perpetual
unrestricted rights of pedestrian and equestrian access over
all existing roads and trails.
(2) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands to provide access to the Potholes trail of the
Los Padres National Forest. The site design for the parking
area shall be subject to the approval by the Secretary. The
District may reasonably regulate vehicular access to the
parking area in accordance with rules and regulations
promulgated in accordance with applicable law.
(f) Partial Revocation of Withdrawals.--The public lands
withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat.
956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power
Project No. 2153, January 15, 1957, and Forest Service Land Order No.
3338, February 28, 1964, are hereby revoked insofar as they effect the
National Forest System lands conveyed under this section.
(g) Water Rights.--The land exchange under this section does not
include any water rights owned by the District or the United States.
(h) Cash Equalization.--
(1) Equal value exchange.--Subject to paragraph (2), the
land exchange under this section shall be conducted on an equal
value basis, as determined by the appraisal done in conformity
with the Uniform Appraisal Standards for Federal Lands
Standards for Acquisition and Forest Service appraisal
instructions.
(2) Limits waived.--The values of the lands to be exchanged
under this section may be equalized through the payment of a
cash equalization payment in an amount in excess of the
statutory limit specified in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(3) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation and until expended, for the acquisition,
construction, or improvement of administrative or recreational
facilities for the Los Padres National Forest in Ventura
County, Santa Barbara County, and San Luis Obispo County,
California, or for the acquisition of land or interests in land
in such counties.
(i) Effect of Exchange; Management of Acquired Lands.--For purposes
of section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as
adjusted as a result of the land exchange under this section, shall be
considered to be the boundaries of that national forest as of January
1, 1965. The District lands acquired by the Secretary under this
section shall be added to and administered as part of the Los Padres
National Forest in accordance with the laws and regulations applicable
to that national forest.
<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.
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