Los Padres Conservation and Recreation Act of 2012 - Designates specified National Forest System lands in California that are administered as part of the Los Padres National Forest as wilderness and as additions to existing components of the National Wilderness Preservation System.
Amends the Wild and Scenic Rivers Act to designate specified creek segments in California as wild, scenic, or recreational rivers.
Establishes the Condor Ridge Scenic Area within the National Forest. Requires the Secretary of Agriculture (USDA) to develop a comprehensive management plan for such area.
Designates within the National Forest: (1) specified roads and trails for certain off-highway vehicle use, and (2) specified areas as off-highway vehicle areas.
Directs the Secretary to study and report on the feasibility of and the public interest in the construction of specified new trails respecting the National Forest.
Los Padres National Forest Land Exchange Act - Directs the Secretary 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.
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. 4109 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4109
To designate additional National Forest System land in the Los Padres
National Forest in the State of California as wilderness, to make
certain wild and scenic river designations in that National Forest, to
designate the Condor Ridge Scenic Area, to address off highway vehicle
use in that National Forest, to facilitate a land exchange with the
United Water Conservation District of California, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 29, 2012
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To designate additional National Forest System land in the Los Padres
National Forest in the State of California as wilderness, to make
certain wild and scenic river designations in that National Forest, to
designate the Condor Ridge Scenic Area, to address off highway vehicle
use in that National Forest, to facilitate a land exchange with the
United Water Conservation District of California, 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 AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Los Padres
Conservation and Recreation Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
Sec. 3. Findings, purpose, recreational opportunities and access, and
effect on existing uses.
Sec. 4. False surveys within the National Forest.
TITLE I--ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of wilderness, Los Padres National Forest.
Sec. 102. Administration.
TITLE II--ADDITIONS TO NATIONAL WILD AND SCENIC RIVER SYSTEM
Sec. 201. Designation of wild and scenic rivers.
TITLE III--CONDOR RIDGE SCENIC AREA
Sec. 301. Condor Ridge Scenic Area, Los Padres National Forest.
Sec. 302. Administration.
TITLE IV--OFF HIGHWAY VEHICLE USE
Sec. 401. Designation of roads and trails for off highway vehicle use.
Sec. 402. Designation of off highway vehicle areas.
Sec. 403. Construction of new trails.
TITLE V--LAND EXCHANGE
Sec. 501. Short title.
Sec. 502. Land exchange, Los Padres National Forest.
SEC. 2. DEFINITIONS.
In this Act:
(1) National forest.--The term ``National Forest'' means
the Los Padres National Forest in the State of California.
(2) Overview map.--The term ``overview map'' means the map
entitled ``Wilderness, Scenic Area, OHV Area and Route
Proposal-Los Padres Conservation and Recreation Act, 2012'',
which was created February 27, 2012, by Forest Service, Region
5 Geospatial Services and is available for inspection at the
Pacific Southwest Regional Office in Vallejo, California.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. FINDINGS, PURPOSE, RECREATIONAL OPPORTUNITIES AND ACCESS, AND
EFFECT ON EXISTING USES.
(a) Findings.--Congress makes the following findings:
(1) The Los Padres National Forest contains important
recreational, ecological, and scenic values, and provides
opportunities for a wide array of recreational activities,
including fishing, hiking, hunting, the use of motorized
vehicles, camping, rock hounding, mountain biking, sport
shooting, and nature observation.
(2) The wilderness and wild and scenic river designations
made by this Act have been carefully reviewed to ensure that
the designations will not adversely affect motorized vehicle
access to the National Forest.
(3) This Act will protect important recreational
opportunities within the National Forest through the
establishment of recreation areas, wilderness areas, and other
measures.
(4) The wilderness areas, scenic area, and wild and scenic
rivers established by this Act have outstanding ecological,
recreational, and scenic values and will provide important
benefits to communities surrounding the National Forest.
(5) This Act will not affect use of motorized vehicles on
current legal routes, as established by the Los Padres National
Forest Motor Vehicle Use Maps.
(6) This Act will not affect current, legal access, as
established by the Los Padres National Forest, for rockhounding
within the National Forest.
(b) Purpose.--The purpose of this Act is to conserve, protect, and
enhance the outstanding recreational, ecological, scenic,
archaeological, cultural, historic, and other resources of the Los
Padres National Forest in the State of California.
(c) Recreational Opportunities and Values.--
(1) Recreational opportunities.--It is the intent of
Congress that the Secretary of Agriculture should maintain
diverse recreational opportunities within the National Forest.
(2) Recreational values.--It is the intent of Congress that
there should be no net loss of recreational values, including
(but not limited to) motorized recreation, in the National
Forest.
(d) Access for Persons With Disability.--The Secretary shall
endeavor to expand access to the National Forest to all people,
including people with disabilities.
(e) Trail Construction, Maintenance, and Repair.--It is the sense
of Congress that, with respect to the National Forest, the Secretary
should fully utilize existing partnership authorities--
(1) to construct the trails required by section 403; and
(2) to maintain and repair roads and trails (including
maintenance and repair to prevent the need to close a road or
trail for disrepair) for off highway vehicles.
SEC. 4. FALSE SURVEYS WITHIN THE NATIONAL FOREST.
The Secretary of Agriculture shall endeavor to correct all
incorrect land surveys involving lands located in the Los Padres
National Forest.
TITLE I--ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF WILDERNESS, LOS PADRES NATIONAL FOREST.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), the following National Forest System
lands in the State of California administered as part of the Los Padres
National Forest are designated as wilderness and as additions to
existing components of the National Wilderness Preservation System:
(1) Certain National Forest System lands comprising
approximately 1,878 acres, as generally depicted as the
``Proposed Additions to Dick Smith Wilderness--East'' on the
overview map and approximately 32,676 acres, as generally
depicted as the ``Proposed Additions to Dick Smith Wilderness
Additions--South & West'' on the overview map, which are added
to and shall be administered as part of the Dick Smith
Wilderness designated by section 101(a)(6) of the California
Wilderness Act of 1984 (Public Law 98-425; 98 Stat. 1620).
(2) Certain National Forest System lands comprising
approximately 15,382 acres, as generally depicted as the
``Proposed Additions to Matilija Wilderness Additions--North &
East'' on the overview map, which are added to and shall be
administered as part of the Matilija Wilderness designated by
section 2(2) of Public Law 102-301 (106 Stat. 242).
(3) Certain National Forest System lands comprising
approximately 4,926 acres, as generally depicted as the
``Proposed Additions to Sespe Wilderness Additions--North'' on
the overview map and approximately 8,714 acres, as generally
depicted as the ``Proposed Additions to Sespe Wilderness
Additions--West'' on the overview map, which are added to and
shall be administered as part of the Sespe Wilderness
designated by section 2(1) of Public Law 102-301 (106 Stat.
242).
(b) Maps and Legal Descriptions.--
(1) Filing.--The Secretary of Agriculture shall file the
overview map and a map and a legal description of each
wilderness area expanded by this section with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law; corrections.--The overview map and the
maps and legal descriptions filed under paragraph (1) shall
have the same force and effect as if included in this section,
except that the Secretary may correct any technical errors in
the maps and legal descriptions.
(3) Public availability.--The overview map and the maps and
legal descriptions filed under paragraph (1) shall be on file
and available for public inspection in the appropriate offices
of the Forest Service.
(c) Roadway Setback.--In preparing the maps and legal descriptions
required by subsection (b), the Secretary shall ensure that there is a
setback of at least 1,000 feet from the center-line of California State
Route 33 to the boundary of the land designated as wilderness by this
section.
SEC. 102. ADMINISTRATION.
(a) In General.--Subject to valid existing rights, the land
designated as wilderness by this title shall be administered by the
Secretary of Agriculture in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), except that, with respect to such land, any
reference in the Wilderness Act to the effective date of the Wilderness
Act shall be considered to be a reference to the date of the enactment
of this Act.
(b) Incorporation of Acquired Land and Interests.--Any land within
the boundary of a wilderness area expanded by this title that is
acquired by the United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be managed in accordance with this Act and any other
applicable law; and
(3) not allow for new power to regulate wilderness laws on
adjoining private land.
(c) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of land as wilderness by this title to lead to the
creation of protective perimeters or buffer zones beyond the
border of each wilderness area expanded by this title.
(2) Activities or uses up to boundaries.--The fact that
non-wilderness activities or uses can be seen or heard from
land designated as wilderness by this title shall not preclude
or provide the basis to regulate the activities or uses up to
the boundary of each wilderness area expanded by this title.
(d) Fish and Wildlife.--Nothing in this section affects the
jurisdiction or responsibilities of the State of California with
respect to fish and wildlife.
(e) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures with
respect to land designated as wilderness by this title, as are
necessary for the prevention and control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Authorized measures for fire suppression and
presuppression.--For purposes of responding to a wildfire that
threatens a community, the designation of land as wilderness by
this title shall not be construed as interfering with, or
preventing, the use by the Secretary, the Forest Supervisor, or
a Federal Incident Commander of any modern method of fire
suppression and prevention on the designated land, including
methods involving the use of mechanized heavy equipment.
(3) Fire pre-suppression policy.--The Secretary shall use
existing authority and available resources to implement fire
pre-suppression activities to reduce the risk posed to
neighboring communities by wildfire and by post-wildfire
hazards on the land designated as wilderness by this title.
(4) Pre-suppression activities.--
(A) In general.--In carrying out pre-suppression
activities on the land designated as wilderness by this
title, the Secretary may use motorized equipment and
mechanized transport, including chainsaws, helicopters,
portable water pumps, heavy equipment, and motorized
vehicles.
(B) Implementation.--Implementation of pre-
suppression activities under subparagraph (A) shall be
consistent with wilderness values and shall consider
the impact of the pre-suppression activities on
wildfire management of adjacent non-Federal lands.
(f) Coordination With California Department of Transportation.--In
managing the land designated as wilderness by this title located along
California State Route 33, the Secretary shall coordinate with the
California Department of Transportation in order to identify, and
mutually agree upon, mechanisms by which the California Department of
Transportation can continue to maintain and operate State Route 33
without interruption, especially during expedited emergency lifeline
repair projects, while concurrently working to address and achieve the
management goals of these wilderness designations.
(g) Overflights.--Nothing in this Act shall preclude low-level
overflights of military aircraft, the designation of new units of
special airspace, or the use or establishment of military flight
training routes over the land designated as wilderness by this title.
(h) Grazing.--With respect to the land designated as wilderness by
this title, the grazing of livestock and the maintenance of existing
structures that are used for grazing, in areas in which grazing is
established as of the date of enactment of this Act shall be allowed to
continue consistent with section 4(d)(4) of the Wilderness Act (16
U.S.C. 133(d)(4)) and the guidelines described in Appendix A of House
Report 101-405.
(i) Applicability to Entire Wilderness Area.--The provisions of
this section shall apply to the entirety of each wilderness area
expanded by this title, not just to land designated as wilderness by
this title.
(j) Private Land Isolated Inside New Wilderness Additions.--If
private lands are in any way made inaccessible by motorized vehicles
due to the designation of land as wilderness by this title, the lawful
owner of such property shall be allowed right of way to their property
with motor vehicles in a manner to which they were accustomed before
the date of the enactment of this Act.
TITLE II--ADDITIONS TO NATIONAL WILD AND SCENIC RIVER SYSTEM
SEC. 201. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end of the following:
``(___) Upper piru creek, california.--
``(A) Designation.--Approximately 38.5 miles of
Upper Piru Creek from its headwaters within the Sespe
Wilderness in the southwest corner of Sec 3,T6N, R22W,
SBBM, to the confluence with Buck Creek, to be
administered by the Secretary of Agriculture in the
following classes:
``(i) The approximately 5.8-mile segment
from its headwaters within the Sespe Wilderness
in the southwest corner of Section 3, T6N,
R22W, SBBM, to the eastern edge of Section 31,
T7N, R21W, SBBM, as a wild river.
``(ii) The approximately 20.4-mile segment
from the Sespe Wilderness boundary along the
eastern edge of Sec 31, T7N, R21W, SBBM, to
one-quarter mile below Gold Hill crossing in
Sec 18, T7N, R19W, SBBM), as a scenic river.
``(iii) The approximately 4.7-mile segment
from one-quarter mile below Gold Hill crossing
Sec 18, T7N, R19W, SBBM to the Castaic Mine
located on private land in Sec 22, T7N, R19W,
SBBM, as a wild river.
``(iv) The approximately 7.25-mile segment
from Castaic Mine located on private land in
Sec 22, T7N, R19W, SBBM, to the confluence with
Buck Creek, as a scenic river.
``(B) Effect of designation.--Nothing in
subparagraph (A) shall affect the designated use,
including motorized and mechanized vehicles, of all
trails adjacent to and crossing Upper Piru Creek.
``(__) Upper sespe creek, california.--
``(A) Designation.--Approximately 11.5 miles of
Upper Sespe Creek from the confluence of Chorro Grande
Canyon to the confluence of Rock Creek in the northwest
\1/4\ of Sec 5. T5N, R22W, SBBM, to be administered by
the Secretary of Agriculture in the following classes:
``(i) The approximately 9.5-mile segment
from the confluence of Chorro Grande Canyon to
the section line dividing Sec 1, T5N, R23W, and
Sec 6, T5N, R22W, SBBM, as a recreational
river.
``(ii) The approximately 2.0-mile segment
from the section line dividing Sec 1, T5N,
R23Wand Sec 6, T5N, R22W, SBBM to the
confluence of Rock Creek in the northwest \1/4\
of Sec 5, T5N, R22W, SBBM, as a scenic river.
``(B) Effect of designation.--Nothing in
subparagraph (A) shall effect the maintenance, repair,
or improvements of California Highway 33 by the
California Department of Transportation.
``(__) Mono creek, california.--Approximately 24.2 miles of
Mono Creek from the source to the upper extent of the Mono
Debris Basin in the northeast corner of Township 5 N., Range 26
W., Section 5, SBBM, to be administered by the Secretary of
Agriculture in the following classes:
``(A) The approximately 4.5-mile segment from the
source of Mono Creek to the boundary of the Dick Smith
Wilderness in Sec 28, T 7N, R25W, SBBM, as a wild
river.
``(B) The approximately 19.7-mile segment from the
boundary of the Dick Smith Wilderness to the upper
extent of the Mono Debris Basin in the northeast corner
of Sec 5, T5N, R26W, SBBM, as a scenic river.
``(__) Indian creek, california.--Approximately 14.7 miles
of Indian Creek from a point in the Dick Smith Wilderness near
Bluff Camp in Sec 19, T7N, R26W, SBBM to the upstream extent of
the Mono Debris Basin in the northeast corner of Sec 6, T5N,
R26W, SBBM, to be administered by the Secretary of Agriculture
as a wild river.''.
TITLE III--CONDOR RIDGE SCENIC AREA
SEC. 301. CONDOR RIDGE SCENIC AREA, LOS PADRES NATIONAL FOREST.
(a) Establishment and Purposes.--
(1) Establishment.--Subject to valid existing rights, there
is established within the Los Padres National Forest the Condor
Ridge Scenic Area (in this title referred to as the ``scenic
area'').
(2) Area included.--The scenic area shall consist of
approximately 18,520 acres of National Forest System land in
the Los Padres National Forest, as generally depicted on the
overview map.
(3) Purposes.--The purposes of the scenic area are to
conserve, protect, and enhance the outstanding ecological,
geological, scenic, recreational, archaeological, cultural,
historic, and other resources of the scenic area.
(b) Map and Description.--
(1) Preparation and submission.--The Secretary of
Agriculture shall file a map and legal description of the
scenic area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law; corrections.--The map and legal
descriptions filed under paragraph (1) shall have the same
force and effect as if included in this section, except that
the Secretary may correct any technical errors in the map and
legal descriptions.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Existing Uses.--Nothing in this title shall affect recreational
uses, including roads, water developments and associated facilities,
grazing, mountain bikes, hunting, rock hounding, sport shooting,
camping and uses under special use authorizations in the scenic area in
existence on the date of enactment of this Act.
SEC. 302. ADMINISTRATION.
(a) In General.--The Secretary of Agriculture shall--
(1) administer the scenic area--
(A) in furtherance of the purposes of the scenic
area described in section 301; and
(B) in accordance with this section and any laws
(including regulations) relating to the National Forest
System; and
(2) only allow such uses in the scenic area as are
consistent with the purposes of the scenic area.
(b) Motorized Vehicles.--
(1) In general.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to respond
to an emergency, and as provided in subsection (c), the use of
motorized vehicles in the scenic area shall be permitted only
on roads and trails designated for use by such vehicles as of
the date of enactment of this Act.
(2) Limitation.--Nothing in this section shall be construed
as precluding the Secretary from closing any road, trail, or
area from use for purposes of resource protection or public
safety.
(c) Wildfire Operations.--Nothing in this section prohibits the
Secretary, in cooperation with other Federal, State, and local
agencies, as appropriate, from conducting wildland fire operations in
the scenic area, consistent with the purposes of the scenic area.
(d) Trail Maintenance.--Nothing in this section shall limit the use
of motorized or mechanized equipment for the maintenance of trails
within the scenic area, consistent with the purposes of the scenic
area.
(e) Management Plan.--
(1) In general.--Within three years after the date of
enactment of this Act, the Secretary shall develop a
comprehensive management plan for the long-term management of
the scenic area.
(2) Additional requirement.--The management plan shall
describe measures necessary to prevent the unauthorized use of
motorized vehicles within the scenic area.
(f) Grazing.--The grazing of livestock in the scenic area, where
established before the date of enactment of this Act, shall be
permitted to continue--
(1) subject to applicable law; and
(2) in a manner consistent with the purposes of the scenic
area.
(g) Withdrawal.--Subject to valid existing rights, any Federal land
within the scenic area is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws; and
(2) location, entry, and patent under the mining laws.
TITLE IV--OFF HIGHWAY VEHICLE USE
SEC. 401. DESIGNATION OF ROADS AND TRAILS FOR OFF HIGHWAY VEHICLE USE.
(a) Designation.--Except as provided in subsection (e), the
following roads and trails in the Los Padres National Forest, as
generally depicted as the ``Wilderness, Special Management Area, OHV
Area and Route Proposal'' on the overview map are hereby added to the
Motor Vehicle Use Map for the Los Padres National Forest and are
designated for the following use:
(1) Forest Road 8N08 from junction with Forest Road 8N09
south including McKinley fire trail and until junction of
Forest Road 6N14 and Forest Road 9N11 shall be open to all
vehicles 50 inches or less.
(2) Forest Road 6N17 from junction with 5N15 to junction
with 6N03 Potrero Seco Road shall be open to high clearance
vehicles.
(3) Forest Road 5N20 connection 5N12 and 5N18 shall be open
to highway legal vehicles.
(4) Forest Road 5N01 from junction with Forest Roads 5N16
and 5N15 to junction with Potrero Seco Road (6N03) shall be
open to high clearance vehicles.
(5) Potrero Seco Road (6N03) from junction with Forest Road
5N13 to junction with Forest Road 6N17 shall be open to high
clearance vehicles.
(6) Ortega Trail shall be open for following uses:
(A) Forest Road 6N01.1 shall be open to highway
legal vehicles.
(B) Northern segment of Forest Road 23W08 shall be
open to vehicles 50 inches or less.
(C) Southern segment of Forest Road 23W08 shall be
open to motorcycles only.
(b) Establishment of Seasons of Use.--The Secretary may establish
such seasons of use for the protection of forest resources on the roads
and trails designated by subsection (a) as the Secretary considers to
be necessary.
(c) Enforcement.--Upon opening a road or trail designated under
subsection (a), the Secretary shall develop an enforcement plan to
minimize resource damage and prevent intrusions into wilderness areas.
(d) Compliance.--In carrying out this section, the Secretary shall
comply with all laws (including regulations) that apply to the National
Forest System. Nothing in this section affects authority, otherwise
available to the Secretary, to close or reroute trails or roads in
accordance with existing law (including regulations).
(e) Exception.--Nothing in this section requires the Secretary to
open any road or trail that is closed to prevent adverse impacts to any
threatened or endangered species that is protected under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 402. DESIGNATION OF OFF HIGHWAY VEHICLE AREAS.
(a) Designation.--The following areas in the National Forest are
hereby designated as off highway vehicle areas:
(1) Ballinger Canyon OHV Area, as generally depicted on the
map entitled ``Proposed Ballinger Canyon OHV Area-Los Padres
Conservation and Recreation Act, 2012'', which was created on
February 27, 2012, by Forest Service, Region 5 Geospatial
Services, and is available for inspection at the Pacific
Southwest Regional Office in Vallejo, California.
(2) Mt. Pinos OHV Area, as generally depicted on the map
entitled ``Proposed Mt Pinos OHV Area-Los Padres Conservation
and Recreation Act, 2012'', which was created on February 27,
2012, by Forest Service, Region 5 Geospatial Services, and is
available for inspection at the Pacific Southwest Regional
Office in Vallejo, California.
(b) Purpose.--The purpose of the off-highway vehicle recreation
areas designated under subsection (a) is to preserve and enhance the
recreational opportunities (including opportunities for off-highway
vehicle recreation), while conserving the wildlife and other natural
resource values of the areas.
(c) Management.--
(1) Enforcement.--Nothing in this section affects
authority, otherwise available to the Secretary, to close or
reroute trails or roads in accordance with existing law
(including regulations).
(2) Condor protection.--If it can be demonstrated to the
Secretary that off highway vehicle activity has caused a
decline in the local California Condor population, the
Secretary may close trails within an off highway vehicle area
designated by subsection (b) as the Secretary considers
necessary.
(3) Motorized vehicles.--Except in cases in which motorized
vehicles are needed for administrative purposes, or to respond
to an emergency, the use of motorized vehicles in the off
highway vehicle areas designated by subsection (a) shall be
permitted only on roads and trails designated for the use of
motorized vehicles.
(d) Recreational Values.--There shall be no net loss of
recreational values, including off-highway vehicle recreational values,
within the off-highway vehicle recreation areas designated under
subsection (a).
SEC. 403. CONSTRUCTION OF NEW TRAILS.
(a) Study of Feasibility and Interest in New Trails.--Not later
than 18 months after the date of enactment of this Act, but subject to
the availability of funds for this purpose, the Secretary shall conduct
a study and prepare a report on the feasibility and public interest of
constructing the following new trails:
(1) A new trail to be known as the ``Divide Peak Trail''
from junction with Forest Road 5N12 to intersection with Forest
Roads 6N03 and 5N13. The trail shall be open to all motor
vehicles 50 inches or less in width.
(2) A new trail connecting Forest Service Highway 95 to the
existing trail system in the Ballinger Canyon OHV area. The
trail shall be open to all vehicles 50 inches or less in width.
(3) A new trail through Lockwood Valley connecting the
Ballinger Canyon OHV area and the Mt. Pinos OHV area, from
junction with Lockwood Valley road through junction with Forest
Road 8N40, continuing through junction with Forest Road 8N06,
and ending at junction with Forest Road 9N09A. The trail shall
be open to all vehicles 50 inches or less in width.
(b) Construction of Trails.--
(1) Construction authorized.--Subject to paragraph (2), if
the Secretary determines under subsection (a) that the
construction of a trail described in such subsection is
feasible and in the public interest, the Secretary may provide
for the construction the trail.
(2) Use of volunteer services and contributions.--A trail
may be constructed under this subsection only through the
acceptance of volunteer services and contributions from non-
Federal sources to eliminate the need for Federal expenditures
to construct the trail.
(3) Establishment of seasons for use.--The Secretary may
establish such seasons of use for the protection of forest
resources on the trails constructed under this subsection as
the Secretary considers to be necessary.
(c) Effect.--Upon final construction and incorporation of the trail
required by subsection (a)(3) into the Motor Vehicle Use Map for the
Los Padres National Forest, the Toad Springs road corridor, as
generally depicted on the overview map, shall be automatically
incorporated in and managed as part of the Chumash Wilderness in
accordance with section 2(a)(5) of Public Law 102-301 (106 Stat. 243).
(d) Compliance.--In carrying out this section, the Secretary shall
comply with all laws (including regulations) that apply to the National
Forest System.
TITLE V--LAND EXCHANGE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Los Padres National Forest Land
Exchange Act''.
SEC. 502. LAND EXCHANGE, LOS PADRES NATIONAL FOREST.
(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 shall 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 subjection (g), 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.--SE\1/4\NE\1/4\ of section 16 (approximately
40 acres).
(2) Tract b.--NE\1/4\SE\1/4\ of section 16 (approximately
40 acres).
(3) Tract c.--S\1/2\SE\1/4\ of section 16 (approximately 80
acres).
(4) Tract d.--NE\1/4\ of section 21 (approximately 160
acres).
(5) Tract e.--N\1/2\SW\1/4\SW\1/4\ 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.--E\1/2\SW\1/4\ of section 10 (approximately 80
acres).
(2) Tract 2.--NE\1/4\NW\1/4\ of section 15 (approximately
40 acres).
(3) Tract 3.--S\1/2\SW\1/4\SW\1/4\SE\1/4\ of section 15
(approximately 5 acres).
(4) Tract 4.--N\1/2\S\1/2\S\1/2\SE\1/4\ of section 15
(approximately 20 acres).
(5) Tract 5.--S\1/2\N\1/2\SW\1/4\SE\1/4\ of section 15
(approximately 10 acres).
(6) Tract 6.--N\1/2\NW\1/4\SW\1/4\SE\1/4\ of section 15
(approximately 5 acres).
(7) Tract 7.--NW\1/4\NE\1/4\SW\1/4\SE\1/4\ of section 15
(approximately 2.5 acres).
(8) Tract 8.--S\1/2\NW\1/4\SE\1/4\SE\1/4\ of section 15
(approximately 5 acres).
(9) Tract 9.--SW\1/4\NE\1/4\SE\1/4\SE\1/4\ of section 15
(approximately 2.5 acres).
(10) Tract 10.--W\1/2\W\1/2\NW\1/4\SE\1/4\ of section 15
(approximately 10 acres).
(11) Tract 11.--SE\1/4\SW\1/4\NW\1/4\SE\1/4\ of section 15
(approximately 2.5 acres).
(12) Tract 12.--SW\1/4\SE\1/4\NW\1/4\SE\1/4\ of section 15
(approximately 2.5 acres).
(13) Tract 13.--W\1/2\W\1/2\SW\1/4\NE\1/4\ of section 15
(approximately 10 acres).
(14) Tract 14.--SW\1/4\SW\1/4\NE\1/4\ of section 22
(approximately 10 acres).
(15) Tract 15.--NW\1/4\NW\1/4\NW\1/4\NE\1/4\ of section 22
(approximately 2.5 acres).
(16) Tract 16.--SW\1/4\NW\1/4\SW\1/4\NE\1/4\ of section 22
(approximately 2.5 acres).
(17) Tract 17.--W\1/2\NW\1/4\SE\1/4\ of section 22
(approximately 20 acres).
(18) Tract 18.--SW\1/4\SE\1/4\ of section 22 (approximately
40 acres).
(19) Tract 19.--E\1/2\SW\1/4\ of section 22 (approximately
80 acres).
(20) Tract 20.--N\1/2\NW\1/4\SW\1/4\ of section 22
(approximately 20 acres).
(21) Tract 21.--W\1/2\NE\1/4\ of section 27 (approximately
60 acres).
(22) Tract 22.--NE\1/4\SW\1/4\NW\1/4\ 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 as the ``Los Padres National
Forest Land Exchange'' on the overview map. The map 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 map 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 make de minimis changes to
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 overview map 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 make the
land exchange under this section a priority by endeavoring to
complete the land exchange within two years after the date of
the enactment of this Act.
(4) Administrative costs.--The District shall pay the costs
of conducting the land exchange under this section, including
the costs incurred for environmental analysis, survey, mapping,
appraisals, closing costs, recording fees, and similar
expenditures, but not including the costs of 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 and 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) Equal Value Exchange.--
(1) Appraisal.--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) Cash equalization.--If the value of the lands to be
conveyed by the District under subsection (a) is less than the
value of the lands to be conveyed by the Secretary, the values
of the lands may be equalized through the payment by the
District of a cash equalization payment. The amount of the cash
equalization payment paid by the District may exceed the
statutory limit specified in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716). The
Secretary may not make a cash equalization payment.
(3) Deposit of proceeds.--Any cash equalization payment or
other proceeds received by the Secretary as a result of the
land exchange under this section shall be deposited in the
general fund of the Treasury.
(i) 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.
(j) Effect of Exchange.--The District shall comply with all
applicable requirements of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) relating to the land conveyed to it under this
section.
<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.
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