[Congressional Record Volume 154, Number 150 (Monday, September 22, 2008)]
[House]
[Pages H8497-H8498]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     DEAFY GLADE LAND EXCHANGE ACT

  Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 6159) to provide for a land exchange involving certain 
National Forest System lands in the Mendocino National Forest in the 
State of California, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 6159

       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 ``Deafy Glade Land Exchange 
     Act''.

     SEC. 2. LAND EXCHANGE, MENDOCINO NATIONAL FOREST, CALIFORNIA.

       (a) Land Exchange Required.--If Solano County, California 
     (in this section referred to as the ``County'') conveys to 
     the Secretary of Agriculture all right, title, and interest 
     of the County in and to four parcels of land consisting of a 
     total of approximately 160 acres identified on the map 
     entitled ``Fouts Springs-Deafy Glade Federal and Non-Federal 
     Lands'' and dated July 17, 2008, the Secretary shall convey 
     to the County, in exchange, all right, title, and interest of 
     the United States in and to the parcel of land in the 
     Mendocino National Forest in the State of California 
     (including any improvements on the land) comprising 
     approximately 82 acres and known as the Fouts Springs Ranch, 
     as also depicted on the map.
       (b) Availability of Map.--The map referred to in subsection 
     (a) shall be on file and available for public inspection in 
     the Office of the Chief of the Forest Service. With the 
     agreement of the County, the Secretary may make technical 
     corrections to the map and the legal descriptions of the land 
     to be exchanged under this section.
       (c) Land Exchange Process.--Section 206 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1716) shall 
     apply to the land exchange under this section.
       (d) Survey and Administrative Costs.--The exact acreage and 
     legal description of the land to be exchanged under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary. The costs of the survey and any 
     administrative costs related to the land exchange shall be 
     borne by the County.
       (e) Condition on Use of Conveyed Land.--As a condition of 
     the conveyance to the County under subsection (a), the County 
     shall agree to continue to use the land acquired by the 
     County under such subsection for purposes consistent with the 
     purposes listed in the special use authorization for the 
     Fouts Springs Ranch in effect as of the date of the enactment 
     of this Act.
       (f) Easement Authority.--The Secretary may grant an 
     easement to provide continued access to, and maintenance and 
     use of, the facilities covered by the special use 
     authorization referred to in subsection (e) as necessary for 
     the continued operation of the Fouts Springs Ranch conveyed 
     under subsection (a).
       (g) Management of Acquired Land.--The lands acquired by the 
     Secretary under subsection (a) shall be added to and 
     administered as part of the Mendocino National Forest and 
     managed in accordance with the Act of March 1, 1911 (commonly 
     known as the Weeks Act; 16 U.S.C. 480 et seq.) and the laws 
     and regulations applicable to the National Forest System.
       (h) Additional Terms and Conditions.--The land exchange 
     under subsection (a) shall be subject to such additional 
     terms and conditions as the Secretary and the County may 
     agree upon.

     SEC. 3. SALE OR EXCHANGE OF NOAA PROPERTY IN NORFOLK, 
                   VIRGINIA.

       (a) In General.--The Secretary of Commerce may sell or 
     exchange to the City of Norfolk, Virginia, in accordance with 
     chapter 13 of title 40, United States Code, real

[[Page H8498]]

     property under the administrative jurisdiction of the 
     National Oceanic and Atmospheric Administration (in this 
     section referred to as ``NOAA''), including land and 
     improvements thereon, located at 538 Front Street, Norfolk, 
     Virginia, consisting of approximately 3.78 acres, if the 
     Secretary--
       (1) determines that the conveyance is in the best interests 
     of NOAA and the Federal Government; and
       (2) has provided prior notification to the Committee on 
     Natural Resources and the Committee on Appropriations of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on 
     Appropriations of the Senate.
       (b) Consideration.--
       (1) In general.--For any conveyance under this section the 
     Secretary shall require the City of Norfolk to provide 
     consideration to the United States that is not less than the 
     fair market value of the property conveyed by the United 
     States.
       (2) Form.--Consideration under this subsection may include 
     any combination of--
       (A) cash or cash equivalents;
       (B) other property (either real or personal); and
       (C) consideration in-kind, including--
       (i) provision of space, goods, or services of benefit to 
     NOAA including construction, repair, remodeling, or other 
     physical improvements of NOAA property;
       (ii) maintenance of NOAA property;
       (iii) provision of office, storage, or other useable space; 
     or
       (iv) relocation services associated with conveyance of 
     property under this section.
       (3) Determination of fair market value.--The Secretary 
     shall determine fair market value for purposes of paragraph 
     (1) based upon a highest- and best-use appraisal of the 
     property conveyed under subsection (a) conducted in 
     conformance with the Uniform Appraisal Standards for 
     Professional Appraisal Practice.
       (c) Use of Proceeds.--Amounts received under subsection 
     (b)(2)(A) by the United States as proceeds of any conveyance 
     under this section shall be available to the Secretary, 
     subject to appropriation, for--
       (1) activities related to the operations of, or capital 
     improvements, to NOAA property; or
       (2) relocation and other costs associated with the sale or 
     exchange.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance of property by the United States under 
     subsection (a) as the Secretary considers appropriate to 
     protect the interest of the United States, including the 
     recoupment of any profit the City of Norfolk may realize 
     within three years after the date of conveyance to the City 
     due to resale of the property
       (e) Termination.--The authority granted to the Secretary 
     under subsections (a) and (b) shall terminate at the end of 
     the 24-month period beginning on the date of enactment of 
     this Act if no contract for sale or exchange under subsection 
     (a) has been entered into by the City of Norfolk and the 
     United States.

  The SPEAKER pro tempore. Pursuant to the rule, gentlewoman from Guam 
(Ms. Bordallo) and the gentleman from Alaska (Mr. Young) each will 
control 20 minutes
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which 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 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Madam Speaker, H.R. 6159 provides for a land exchange 
between the Forest Service and Solano County, California.
  Solano County has a special use permit for the Fouts Springs Youth 
Correctional Facility on 82 acres of land in the Mendocino National 
Forest. The county has been working diligently for many years to 
acquire wilderness quality forest lands to exchange with the Forest 
Service in order to acquire the lands occupied by the youth 
correctional facility.
  Madam Speaker, we believe that there are numerous public benefits to 
this land exchange. An analysis produced by the Forest Service found 
that this land exchange would benefit their hazardous fuels program to 
reduce the threat of catastrophic fire, and the land exchange would be 
of equal value.
  Furthermore, the lands the Forest Service would acquire are 
wilderness-quality lands bordering the Snow Mountain Wilderness Area 
and have been identified as priority areas for land acquisition by the 
Forest Service dating as far back as 1992.

                              {time}  1330

  Madam Speaker, the chairman of the Committee on Education and Labor, 
Representative George Miller, is to be commended for his efforts on 
behalf of Solano County and this youth facility.
  I ask my colleagues to support passage of this measure.
  Madam Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, this is an effort that's been adequately explained, 
and I support the legislation.
  Mr. GEORGE MILLER of California. Madam Speaker, I rise in strong 
support of H.R. 6159, the Deafy Glade Land Exchange Act.
  The Fouts Springs Youth facility has been managed by Solano County, 
Colusa County, and their partners for nearly fifty years. The bill 
before the House today guarantees that they can continue their good 
work.
  Fouts Springs has helped rehabilitate California's young offenders, 
and provided youths from across the state with much-needed structure 
and significant vocational education opportunities.
  Presently, Solano County operates Fouts Springs on behalf of several 
other California counties under a special use authorization.
  H.R. 6159, the Deafy Glade Land Exchange Act, will give Solano County 
the 82 acres that they use at Fouts Springs, and in exchange would give 
to the Mendocino National Forest 160 acres of nearby land known as 
Deafy Glade.
  The Deafy Glade property has access to the Snow Mountain Wilderness 
Area, and has been a high priority for acquisition by the Forest 
Service since at least the early 1990s. As we learned in testimony 
before the Natural Resources Committee by Solano County Supervisor John 
Vasquez, the Deafy Glade parcels would be a key addition to the 
Mendocino National Forest's trail system.
  The bill before the House today contains several small changes from 
the legislation as introduced, which should ensure that Solano County 
can continue to operate Fouts Springs as they do today.
  I want to thank Chairman Nick Rahall, Subcommittee Chairman Raul 
Grijalva, and the Natural Resources Committee staff, for all of the 
time and energy they have spent with me and with my staff to improve 
this legislation and help move it forward. I also want to thank Ranking 
Members Don Young and Rob Bishop for their efforts. In particular, I 
want to recognize the efforts of Meghan Conklin and David Watkins from 
Chairman Grijalva's staff, as well as the work of my legislative 
director, Ben Miller.
  I urge my colleagues to support the Deafy Glade Land Exchange Act, 
and I look forward to passage of this legislation.
  Mr. YOUNG of Alaska. Madam Speaker, I yield back the balance of my 
time.
  Ms. BORDALLO. Madam Speaker, I again urge all of the Members to 
support the bill, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 6159, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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