[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4162 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4162

    To provide for an exchange of lands with San Bernardino County, 
 California, to enhance management of lands within the San Bernardino 
                National Forest, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 13, 2007

   Mr. Lewis of California introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To provide for an exchange of lands with San Bernardino County, 
 California, to enhance management of lands within the San Bernardino 
                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 AND PURPOSES.

    (a) Short Title.--This Act may be cited as the ``San Bernardino 
Biomass Use Facilitation Act''.
    (b) Purpose.--The purpose of this Act is to facilitate an exchange 
of land between the Federal Government and San Bernardino County, 
California, to make available to the County land for biomass 
utilization facilities, biomass recycling activities, and industrial 
resource recovery and recycling activities.

SEC. 2. LAND EXCHANGE, SAN BERNARDINO NATIONAL FOREST, CALIFORNIA.

    (a) Definitions.--In this section:
            (1) County.--The term ``County'' means the County of San 
        Bernardino, California.
            (2) Federal land.--The term ``Federal land'' means the land 
        identified in subsection (c)(2), which is National Forest 
        System land within the San Bernardino National Forest, 
        California, available for exchange under this section.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land identified in subsection (c)(1), which is land owned 
        by the County and available for exchange under this section.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Land Exchange.--If the County conveys to the Secretary all 
right, title, and interest of the County in and to the non-Federal land 
described in subsection (c)(1), the Secretary shall convey and 
quitclaim to the County, in exchange for such non-Federal land, all 
right, title, and interest of the United States in and to the Federal 
land described in subsection (c)(2). The conveyance shall be made 
without further environmental analysis and shall be subject to any 
valid existing rights and such additional terms, conditions, and 
reservations as the Secretary may require.
    (c) Lands To Be Exchanged.--
            (1) Non-federal land.--The non-Federal land to be exchanged 
        are approximately 71 acres located in section 36, Township 3 
        North, Range 1 East, San Bernardino Meridian, as described by 
        the County Assessor as parcel APN# 0447-071-11-0000.
            (2) Federal land.--The Federal land to be exchanged are 
        approximately 53 acres located in section 31, Township 3 North, 
        Range 2 East, San Bernardino Meridian.
    (d) Maps and Correction Authority.--The Federal land and non-
Federal land are generally described on maps entitled ``Doble 
expansion-County of San Bernardino'' and dated June 10, 2005, which 
shall be on file and available for public inspection in the Offices of 
the Chief of the Forest Service and of the Supervisor of San Bernardino 
National Forest until such time as the lands are conveyed. The County 
and the Secretary may by mutual agreement make adjustments in the 
descriptions of the Federal land and non-Federal land to be exchanged.
    (e) Timing.--It is the intent of Congress that the land exchange 
under this section be completed not later than one year after the date 
of the enactment of this Act.
    (f) Valuation.--The Federal land and non-Federal land shall be 
valued through an appraisal done in conformity with the Uniform 
Appraisal Standards for Federal Land Acquisitions.
    (g) Equal Value and Cash Equalization.--
            (1) Equal value exchange.--The land exchange under this 
        section shall be for equal value, or the values shall be 
        equalized by a cash payment as provided for under this 
        subsection.
            (2) Cash equalization payment.--The County or the 
        Secretary, as appropriate, may equalize the values of the lands 
        to be exchanged under this section by cash payment without 
        regard to any statutory limit on the amount of such a cash 
        equalization payment.
            (3) Deposit and use of funds received from county.--Any 
        cash equalization payment received by the Secretary under this 
        subsection shall be deposited in the fund established under 
        Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk 
        Act). The funds so deposited shall remain available to the 
        Secretary, until expended, for the acquisition of lands, 
        waters, and interests in land for the San Bernardino National 
        Forest.
            (4) Source of funds for payment by secretary.--If the 
        Secretary will make a cash equalization payment to the County 
        under this subsection, the Secretary may use funds available 
        from the Land and Water Conservation Fund, the Act of June 15, 
        1938 (Chapter 438; 52 Stat. 699, commonly known as the Receipts 
        Act of 1938), or capital improvement funds.
    (h) Land Title and Survey Standards.--Title to the non-Federal land 
shall conform with the title approval standards of the Attorney General 
applicable to Federal land acquisitions and shall otherwise be 
acceptable to the Secretary. Before completing the exchange, the 
Secretary shall inspect the non-Federal lands to assure that the land 
meets Federal standards, including hazardous materials and land line 
surveys.
    (i) Implementation Costs.--The costs of implementing the land 
exchange under this section shall be shared equally by the Secretary 
and the County, except that with respect to the Federal land conveyed 
to the County, the County shall also pay for the costs of survey, 
monumenting the property lines, and recording deeds of conveyance, as 
well as any costs incurred with the issuance of easements by the 
Secretary for existing uses on the Federal land.
    (j) Management of Acquired Lands.--The Secretary shall manage the 
non-Federal land acquired under this section in accordance with the Act 
of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks 
Act) and other laws and regulations pertaining to National Forest 
System.
    (k) Pacific Crest National Scenic Trail Relocation.--Before 
completing the land exchange under this section, the Secretary shall 
relocate the portion of the Pacific Crest National Scenic Trail located 
on the Federal land to adjacent National Forest System land. The trail 
relocation shall be conducted without further environmental analysis.
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