[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 129 Reported in Senate (RS)]

                                                       Calendar No. 540
111th CONGRESS
  2d Session
                                H. R. 129

                          [Report No. 111-270]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             August 5, 2010

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
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,

<DELETED>SECTION 1. LAND CONVEYANCE AUTHORITY, LOS PADRES NATIONAL 
              FOREST, CALIFORNIA.</DELETED>

<DELETED>    (a) Conveyance Authority.--Subject to valid existing 
rights, the Secretary of Agriculture may convey to the White Lotus 
Foundation all right, title, and interest of the United States in and 
to the real property within the Los Padres National Forest in 
California described in subsection (b).</DELETED>
<DELETED>    (b) Description of Property.--The real property subject to 
conveyance under this Act is certain land located in Santa Barbara 
County, California, consisting of approximately 5 acres, as shown on 
the map titled ``San Marcos Pass Encroachment for Consideration of 
Legislative Remedy'', dated June 1, 2009.</DELETED>
<DELETED>    (c) Survey.--The exact acreage and legal description of 
the real property to be conveyed under this Act shall be determined by 
a survey satisfactory to the Secretary.</DELETED>
<DELETED>    (d) Valuation.--Any appraisal of the real property to be 
conveyed under this Act shall conform to the Uniform Appraisal 
Standards for Federal Land Acquisitions, and the appraisal shall be 
subject to the approval of the Secretary.</DELETED>
<DELETED>    (e) Consideration.--Consideration for conveyance of real 
property under this Act shall be in an amount not less than the 
appraised fair market value.</DELETED>
<DELETED>    (f) Treatment of Proceeds.--The gross proceeds from the 
conveyance of real property under this Act shall be deposited in the 
fund established by Public Law 90-171 (commonly known as the ``Sisk 
Act''; 16 U.S.C. 484a). The amount so deposited shall be available to 
the Secretary, without further appropriation, for expenditure in the 
Los Padres National Forest.</DELETED>
<DELETED>    (g) Pre-existing Rights.--As a condition of the conveyance 
authorized under subsection (a), the Secretary shall require the White 
Lotus Foundation to continue to allow existing access to any roadway 
that may be conveyed by this Act.</DELETED>
<DELETED>    (h) Additional Terms and Conditions.--The Secretary may 
require such additional terms and conditions in connection with the 
conveyance under this Act as the Secretary considers appropriate to 
protect the interests of the United States.</DELETED>
<DELETED>    (i) Survey and Administrative Costs.--The White Lotus 
Foundation shall pay the reasonable costs of
</DELETED>
            <DELETED>  </DELETED>
<DELETED> survey, appraisal, and any other administrative costs 
associated with the conveyance.</DELETED>

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.
                                                       Calendar No. 540

111th CONGRESS

  2d Session

                               H. R. 129

                          [Report No. 111-270]

_______________________________________________________________________

                                 AN ACT

To authorize the conveyance of certain National Forest System lands in 
             the Los Padres National Forest in California.

_______________________________________________________________________

                             August 5, 2010

                       Reported with an amendment