[Congressional Record Volume 158, Number 83 (Tuesday, June 5, 2012)]
[House]
[Pages H3438-H3439]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AUTHORIZATION OF CONVEYANCE OF CERTAIN LANDS IN LOS PADRES NATIONAL
FOREST
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 241) to authorize the conveyance of certain
National Forest System lands in the Los Padres National Forest in
California, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 241
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) Federal land.--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) Foundation.--The term ``Foundation'' means the White
Lotus Foundation, a nonprofit foundation located in Santa
Barbara, California.
(3) Map.--The term ``map'' means the map entitled ``San
Marcos Pass Encroachment for Consideration of Legislative
Remedy'' and dated June 1, 2009.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 2. LAND CONVEYANCE.
(a) In General.--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) Applicable Law.--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 Exchange.--It 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
Land.--If 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 Conditions.--The 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) Appraisals.--
(1) In general.--The land conveyed under subsection (a) or
(d) shall be appraised by an independent appraiser selected
by the Secretary.
(2) Requirements.--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) Management and Status of Acquired Land.--Any 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. 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 Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself such time as I may
consume.
Mr. Speaker, H.R. 241 authorizes the Forest Service to convey, for
appraised market value, approximately 5 acres of the Los Padres
National Forest to the White Lotus Foundation.
Due to steep topography, there is limited access to the White Lotus
Foundation other than a short access road that crosses Forest Service
land. This bill would allow the foundation to acquire this parcel and
ensure public access to their facility.
So I urge my colleagues to support this legislation, as authored by
our colleague from California (Mr. Gallegly), and I reserve the balance
of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 241, sponsored by the gentleman from California,
provides for the conveyance of 5 acres of land from Los Padres National
Forest to the White Lotus Foundation. This conveyance allows for better
access to a retreat area owned by the foundation.
We have no objections to this legislation, and I reserve the balance
of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield
such time as he may consume to the author of this legislation, the
gentleman from California (Mr. Gallegly).
Mr. GALLEGLY. I thank the gentleman for yielding.
Mr. Speaker, I rise today in support of my legislation, H.R. 241.
This bill will authorize the Forest Service to convey a small parcel of
land on the perimeter of the Los Padres National Forest to a nonprofit
organization, the White Lotus Foundation.
In 1983, the White Lotus Foundation inherited property in the hills
above Santa Barbara, California, on the border of the Los Padres
National Forest. After operating at this location for over 25 years,
the Forest Service sent a letter to the foundation notifying them of a
1/20-of-an-acre encroachment on Forest Service land.
The encroachment in question is located on a loop of the only road
that allows White Lotus and the rest of the public access to and from
the White Lotus property. Due to the steep topography, the foundation
no longer has any other reasonable alternatives.
The loop lies on flat ground which holds equipment storage for fire
and flood emergencies and provides access to a water pump and other
necessary equipment. There is no other flat ground on which to move
these items, and without this space, the foundation will be forced to
cease operations.
My legislation authorizes the Forest Service to enter into a land
exchange with the White Lotus Foundation for land worth no less than
the appraised market value. If this land exchange does not occur within
2 years, the Forest Service is allowed to convey the land that would
benefit White Lotus and to determine the amount to be conveyed. If the
Forest Service does not feel that this land conveyance is in its best
interest, it does not have to sell any Federal land to White Lotus.
However, if the land sale does move ahead, my legislation will not cost
the taxpayers a single penny. White Lotus will pay for the land, the
survey, and all administrative costs and related costs.
There are no exemptions from NEPA or any other environmental laws.
The land in question is not protected wilderness or any other
specifically designated area.
In closing, I want to thank the chairman, the ranking member, and my
colleagues for allowing this to be brought to the floor today.
I urge the support for my legislation, H.R. 241.
Mr. GRIJALVA. Mr. Speaker, I yield back the balance of my time.
[[Page H3439]]
Mr. HASTINGS of Washington. Mr. Speaker, I yield back the balance of
my time and urge adoption of the measure.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 241, 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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