[Congressional Record Volume 152, Number 74 (Monday, June 12, 2006)]
[House]
[Pages H3727-H3728]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          LOS PADRES NATIONAL FOREST LAND EXCHANGE ACT OF 2005

  Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 4162) to provide for an exchange of lands between the Secretary 
of Agriculture and the United Water Conservation District of California 
to eliminate certain private inholdings in the Los Padres National 
Forest, and for other purposes, as amended.
  The Clerk read as follows:

                               H.R. 4162

       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 2005''.

     SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, 
                   CALIFORNIA.

       (a) Exchange Required.--If the United Water Conservation 
     District of California (in this section referred to as the 
     ``District'') conveys to the Secretary of Agriculture all 
     right, title, and interest of the District in and to the 
     lands described in subsection (b), 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 (c). 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.
       (b) Lands to Be Conveyed by District.--The lands to be 
     conveyed by the District under subsection (a) consist of 
     approximately 340 acres located within township 5 north, 
     range 18 west, San Bernardino base and meridian and are more 
     fully described as follows:
       (1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40 
     acres).
       (2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40 
     acres).
       (3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80 
     acres).
       (4) ``Tract D''--NE1/4 of section 21 (approximately 160 
     acres).
       (5) ``Tract E''--N1/2SW1/4SW1/4 of section 15 
     (approximately 20 acres).
       (c) Lands to Be Conveyed by Secretary.--The National Forest 
     System lands to be conveyed by the Secretary under subsection 
     (a) consist of approximately 440 acres located within 
     township 5 north, range 18 west, San Bernardino base and 
     meridian and are more fully described as follows:
       (1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80 
     acres).
       (2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40 
     acres).
       (3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15 
     (approximately 5 acres).
       (4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15 
     (approximately 20 acres).
       (5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15 
     (approximately 10 acres).
       (6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15 
     (approximately 5 acres).
       (7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately 
     2.5 acres).
       (8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15 
     (approximately 5 acres).
       (9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15 
     (approximately 2.5 acres).
       (10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15 
     (approximately 10 acres).
       (11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15 
     (approximately 2.5 acres).
       (12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15 
     (approximately 2.5 acres).
       (13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15 
     (approximately 10 acres).
       (14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22 
     (approximately 10 acres).
       (15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22 
     (approximately 2.5 acres).
       (16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22 
     (approximately 2.5 acres).
       (17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22 
     (approximately 20 acres).
       (18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately 
     40 acres).
       (19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately 
     80 acres).
       (20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22 
     (approximately 20 acres).
       (21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately 
     60 acres).
       (22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27 
     (approximately 10 acres).
       (d) Maps and Corrections Authority.--The lands to be 
     exchanged under this section are depicted on maps entitled 
     ``Los Padres National Forest Land Exchange'' and dated June 
     1, 2005. The maps shall be on file and available for public 
     inspection in appropriate offices of the Forest Service until 
     completion of the land exchange. By mutual agreement, the 
     Secretary and the District may adjust the legal descriptions 
     specified in subsections (b) and (c) and the boundaries 
     depicted on the maps based upon survey or a determination 
     that a modification would be in the public interest to 
     correct errors or make minor adjustments in the lands to be 
     exchanged under this section.
       (e) Processing of Land Exchange.--
       (1) Equal value exchange.--The land exchange under this 
     section shall be conducted on an equal value basis, as 
     determined by the appraisal done in conformity with the 
     Uniform Appraisal Standards for Federal Lands Standards for 
     Acquisition and Forest Service appraisal instructions.
       (2) Title standards.--The Secretary shall require that 
     title to the District lands to be acquired by the Secretary 
     under this section is in conformity with the title standards 
     of the Attorney General.
       (3) Completion.--The Secretary shall endeavor to complete 
     the land exchange under this section within one year after 
     the date of the enactment of this Act.
       (f) Easements and Access.--
       (1) Reservation.--In the conveyance of the National Forest 
     System lands under 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 and 
     equestrian access over all existing roads and trails.
       (2) 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 to provide access to the Potholes trail 
     of the Los Padres National Forest. The site design for the 
     parking area shall be subject to the approval by the 
     Secretary. The District may reasonably regulate vehicular 
     access to the parking area in accordance with rules and 
     regulations promulgated in accordance with applicable law.
       (g) Partial Revocation of Withdrawals.--The public lands 
     withdrawals provided by the Act of May 29, 1928 (Chapter 868; 
     45 Stat. 956), Power Site Classification No. 414-USGS, June 
     22, 1951, FERC Power Project No. 2153, January 15, 1957, and 
     Forest Service Land Order No. 3338, February 28, 1964, are 
     hereby revoked insofar as they effect the National Forest 
     System lands conveyed under this section.
       (h) Water Rights.--The land exchange under this section 
     does not include any water rights owned by the District or 
     the United States.
       (i) Cash Equalization.--
       (1) Limits waived.--The values of the lands to be exchanged 
     under this section may be equalized through the payment of a 
     cash equalization payment in an amount in excess of the 
     statutory limit specified in section 206 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1716).
       (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 and until expended, 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.
       (j) Administrative Costs.--The costs of conducting the land 
     exchange under this section shall be shared equally by the 
     District and the Secretary. The costs to be shared include 
     expenditures incurred for survey, mapping, appraisals, 
     closing costs, recording fees, and similar expenditures, but 
     do not include staff salaries, administrative overhead,

[[Page H3728]]

     attorney fees, the cost of construction required by 
     subsection (f)(2), or the costs to cure any title defects.
       (k) Effect of Exchange; Management of Acquired Lands.--For 
     purposes of section 7 of the Land and Water Conservation Fund 
     Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Los 
     Padres National Forest, as adjusted as a result of the land 
     exchange under this section, shall be considered to be the 
     boundaries of that national forest as of January 1, 1965. 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 
Arizona (Mr. Renzi) and the gentlewoman from South Dakota (Ms. Herseth) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona.


                             General Leave

  Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 4162 would provide for the exchange of lands 
between the Los Padres National Forest in the State of California and 
the United Water Conservation District of California.
  Mr. Speaker, the land exchange will eliminate some private inholdings 
within the national forest and would also aid the local water district 
by consolidating land it needs to more easily deliver water to its 
users.
  More specifically, the conservation district would receive 
approximately 440 acres and the Los Padres National Forest would 
receive approximately 340 acres. The lands to be exchanged are of 
approximate equal value.
  The amendment proposed deletes a portion of the bill concerning 
environmental analysis objected to by the minority. With this change 
there is no objection to the bill.
  Mr. Speaker, I urge passage of this important noncontroversial 
legislation, which was considered by the House of Representatives 
during the 108th Congress.
  Mr. Speaker, I reserve the balance of my time.
  Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. HERSETH asked and was given permission to revise and extend her 
remarks.)
  Ms. HERSETH. Mr. Speaker, as the gentleman from Arizona (Mr. Renzi) 
explained, H.R. 4162, the Los Padres National Forest Land Exchange Act, 
provides for the exchange of lands between the Secretary of Agriculture 
and the United Water Conservation District of California.
  The legislation consolidates the land ownership surrounding Lake Piru 
in Congressman Gallegly's district.
  We note with appreciation that the bill, as amended, does not include 
language that would have exempted this land exchange from the 
requirements of the National Environmental Policy Act of 1969.
  Mr. Speaker, we have no objection to the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RENZI. 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 Arizona (Mr. Renzi) that the House suspend the rules and 
pass the bill, H.R. 4162, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________