[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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