[Congressional Record Volume 148, Number 122 (Tuesday, September 24, 2002)]
[House]
[Pages H6503-H6504]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LOS PADRES NATIONAL FOREST LAND EXCHANGE ACT OF 2002
Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4917) to provide for an exchange of lands with the United
Water Conservation District of California to eliminate private
inholdings in the Los Padres National Forest, and for other purposes.
The Clerk read as follows:
H.R. 4917
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 2002''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST,
CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If the United Water Conservation District
of California (in this section referred to as the
``District'') conveys to the Secretary of Agriculture (in
this section referred to as the ``Secretary'') all of right,
title, and interest of the District in and to the lands
described in subsection (b)(1), 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 (b)(2).
(2) Existing rights.--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.
(3) Time for exchange.--The Secretary and the District
shall endeavor to complete the exchange in a timely manner.
(b) Exchange Lands.--
(1) Lands to be conveyed by district.--The lands to be
conveyed by the District under this section consist of
approximately 340 acres as follows:
(A) ``Tract A''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, NE\1/4\SE\1/4\,
San Bernardino base and meridian.
(B) ``Tract B''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, SE\1/4\NE\1/4\,
San Bernardino base and meridian.
(C) ``Tract C''--Approximately 80 acres, located in
township 5 north, range 18 west, section 16, S\1/2\SE\1/4\,
San Bernardino base and meridian.
(D) ``Tract D''--Approximately 160 acres, located in
township 5 north, range 18 west, section 21, NE\1/4\, San
Bernardino base and meridian.
(E) ``Tract E''--Approximately 20 acres, located in
township 5 north, range 18 west, section 15, N\1/2\SW\1/
4\SW\1/4\, San Bernardino base and meridian.
(2) Lands to be conveyed by secretary.--The National Forest
System lands to be conveyed by the Secretary under this
section consist of approximately 420 acres as follows:
(A) ``Tract 1''--Approximately 80 acres, located in
township 5 north, range 18 west, section 10, E\1/2\SW\1/4\,
San Bernardino base and meridian.
(B) ``Tract 2''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, NE\1/4\NW\1/4\,
San Bernardino base and meridian.
(C) ``Tract 3''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, SW\1/4\SE\1/4\,
San Bernardino base and meridian.
(D) ``Tract 4''--Approximately 10 acres, located in
township 5 north, range 18 west, section 22, SW\1/4\SW\1/
4\NE\1/4\, San Bernardino base and meridian.
(E) ``Tract 5''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, W\1/2\NW\1/
4\SE\1/4\, San Bernardino base and meridian.
(F) ``Tract 6''--Approximately 40 acres, located in
township 5 north, range 18 west, section 22, SW\1/4\SE\1/4\,
San Bernardino base and meridian.
(G) ``Tract 7''--Approximately 80 acres, located in
township 5 north, range 18 west, section 22, E\1/2\SW\1/4\,
San Bernardino base and meridian.
(H) ``Tract 8''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, N\1/2\NW\1/
4\SW\1/4\, San Bernardino base and meridian.
(I) ``Tract 9''--Approximately 80 acres, located in
township 5 north, range 18 west, section 27, W\1/2\NE\1/4\,
San Bernardino base and meridian.
(J) ``Tract 10''--Approximately 10 acres, located in
township 5 north, range 18 west, section 27, NE\1/4\SW\1/
4\NW\1/4\, San Bernardino base and meridian.
(3) Corrections to legal descriptions.--By mutual
agreement, the Secretary and the District may adjust the
legal descriptions contained in this subsection to correct
errors or to make minor adjustments in the lands to be
exchanged.
(c) Processing of Land Exchange.--
(1) In general.--Except as otherwise provided in this
section, the Secretary shall process the land exchange under
this section in accordance with Forest Service land exchange
regulations in subpart A of part 254 of title 36, Code of
Federal Regulations.
(2) Title standards.--The Secretary shall require that
title to the District lands acquired by the Secretary under
this section is in conformity with the title standards of the
Attorney General of the United States.
(d) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands authorized by 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
access to the Potholes trailhead of the Los Padres National
Forest.
(2) Accessibility.--In the case of the District lands
acquired by the Secretary under this section, the Secretary
shall provide reasonable access to privately owned inholdings
consistent with section 1323(a) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3210(a)).
(3) 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 for the Potholes trailhead of the Los
Padres National Forest, subject to the following
requirements:
(A) The District may reasonably regulate vehicular access
to the trailhead in accordance with rules and regulations
promulgated in accordance with applicable law.
(B) Foot traffic to the trailhead shall be perpetual and
unrestricted.
(e) Special Use Authorization and Easements.--All special
use authorizations and term easements issued by the Secretary
with respect to the National Forest System lands described in
subsection (b)(2) shall not be renewed or reauthorized after
the date of enactment of this Act.
(f) Water Rights.--The land exchange authorized by this
section does not include any water rights owned by the
District or the United States.
(g) Cash Equalization.--
(1) Limits waived.--The District or the Secretary, as
appropriate, may equalize the values of the lands to be
exchanged under this section by a cash payment without regard
to any statutory limit on the amount of such a cash
equalization payment.
(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, 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.
(h) Management of Acquired Lands.--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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Hansen) and the gentleman from West Virginia (Mr. Rahall)
each will control 20 minutes.
The Chair recognizes the gentleman from Utah (Mr. Hansen).
Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 4917, which provides for an exchange of lands
between the United States Water Conservation District of California and
the U.S. Forest Service, was authored by the gentleman from California
(Mr. Gallegly); and I yield such time as he may consume to him to
explain this legislation.
(Mr. GALLEGLY asked and was given permission to revise and extend his
remarks.)
Mr. GALLEGLY. Mr. Speaker, I would like to again thank the gentleman
from Utah (Mr. Hansen), the full committee chairman, and the gentleman
from Colorado (Mr. McInnis), the subcommittee chairman, for helping
bring this bill to the floor today.
Mr. Speaker, H.R. 4917, the Los Padres National Forest Land Exchange
Act, will facilitate a land exchange between the U.S. Forest Service
and the United Water Conservation District, a local public agency.
Under this legislation, the U.S. Forest Service will convey 420 acres
to United Water. Of that total, 290 acres are mud-flats surrounded by
Lake Piru, 80 acres are campground, and 50 acres are primarily two
separate sections of Blue Point Road. United Water will convey to the
Forest Service 340 acres. The land is open space within the Los Padres
National Forest previously leased for grazing.
Both the Forest Service and United Water benefit from the exchange.
The Blue Point Campground, which has been closed by the Forest Service
since 1995, will be opened on a limited basis by United Water. This
will provide additional recreational opportunities for families and
outdoor enthusiasts for
[[Page H6504]]
frequent trips to the forest. In addition, United Water has pledged to
increase patrols around the campground's arroyo toad habitat, which the
Forest Service admits does not have the resources necessary to
adequately patrol and maintain.
In addition, United Water will own all of the land surrounding Lake
Piru. This will allow the United Water district to better manage its
operations with less bureaucracy. The Forest Service will gain
ownership over the entire western part of the Lisk Ranch, which is
within the boundaries of the Los Padres and open space.
The cost of this exchange would be minimal. Both United Water and the
Forest Service have agreed to share the cost of the appraisals and land
surveys to be done after enactment. I believe this exchange is a win/
win for the public, the Los Padres National Forest, and the United
Water Conservation District; and I urge the House to adopt this
measure.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
We on the minority side have no problems with the legislation and we
support it.
Mr. Speaker, I yield back the balance of my time.
Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Hansen) that the House suspend the rules and
pass the bill, H.R. 4917.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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