1.Land conveyance authority,
Los Padres National Forest, California
(a)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).
(b)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.
(c)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.
(d)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.
(e)Consideration
for conveyance of real property under this Act shall be in an amount not less
than the appraised fair market value.
(f)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.
(g)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.
(h)Additional terms
and conditionsThe 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.
(i)Survey and
administrative costsThe White Lotus Foundation shall pay the
reasonable costs of survey, appraisal, and any other
administrative costs associated with the conveyance.
1.In this Act:
(1)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)The
term Foundation means the White Lotus Foundation, a nonprofit
foundation located in Santa Barbara, California.
(3)The
term map means the map entitled San Marcos Pass
Encroachment for Consideration of Legislative Remedy
and dated June 1,
2009.
(4)The
term Secretary means the Secretary of Agriculture.
2.
(a)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)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 exchangeIt 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 landIf 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
conditionsThe 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)
(1)The land conveyed under subsection (a) or (d) shall be
appraised by an independent appraiser selected by the Secretary.
(2)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)
(1)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)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 landAny 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.
August 5, 2010
Reported with an amendment