[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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