[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4162 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4162

     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

                            October 27, 2005

 Mr. Gallegly introduced the following bill; which was referred to the 
                         Committee on 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 of 2005''.

SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.

    (a) Exchange Required.--If the United Water Conservation District 
of California (in this section referred to as the ``District'') conveys 
to the Secretary of Agriculture all right, title, and interest of the 
District in and to the lands described in subsection (b), the Secretary 
shall convey to the District, in exchange for such lands, 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) Maps and Corrections Authority.--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. By mutual 
agreement, the Secretary and the District may adjust the legal 
descriptions specified in subsections (b) and (c) and the boundaries 
depicted on the maps based upon survey or a determination that a 
modification would be in the public interest to correct errors or make 
minor adjustments in the lands to be exchanged under this section.
    (e) Processing of Land Exchange.--
            (1) Equal value exchange.--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) 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.
            (3) Completion.--The Secretary shall endeavor to complete 
        the land exchange under this section within one year after the 
        date of the enactment of this Act.
            (4) Environmental analyses.--Congress finds that the Forest 
        Service has conducted adequate analyses and reviews of the 
        environmental impacts of the land exchange authorized under 
        this section. No further administrative or environmental 
        analyses or examinations are required to carry out the land 
        exchange or any other activities authorized by this section.
    (f) 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.
    (g) 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.
    (h) Water Rights.--The land exchange under this section does not 
include any water rights owned by the District or the United States.
    (i) Cash Equalization.--
            (1) 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).
            (2) 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.
    (j) 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 (f)(2), or the costs to cure any title defects.
    (k) 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.
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