[Congressional Record Volume 160, Number 15 (Monday, January 27, 2014)]
[House]
[Pages H1258-H1259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
LOS PADRES NATIONAL FOREST LAND CONVEYANCE
Mrs. LUMMIS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 3008) to provide for the conveyance of a small parcel of
National Forest System land in Los Padres National Forest in
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. 3008
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) Land Exchange.--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) Alternative 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
shall 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 gentlewoman from
Wyoming (Mrs. Lummis) and the gentleman from Arizona (Mr. Grijalva)
each will control 20 minutes.
The Chair recognizes the gentlewoman from Wyoming.
General Leave
Mrs. LUMMIS. 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
gentlewoman from Wyoming?
There was no objection.
Mrs. LUMMIS. Mr. Speaker, I yield myself such time as I may consume.
H.R. 3008 would authorize the Forest Service to exchange 5 acres of
the Los
[[Page H1259]]
Padres National Forest with the White Lotus Foundation to allow public
access to their property. The surrounding topography makes the land in
question the only practical access point. With no other options for
access, the foundation will be forced to cease operations. I would
encourage my colleagues to support this bill, which passed the House of
Representatives last Congress by voice vote.
Mr. Speaker, I reserve the balance of my time.
Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
The Los Padres conveyance bill is a technical fix needed to convey 5
acres of land to the White Lotus Foundation and remedy a longstanding
land dispute between the foundation and the U.S. Forest Service.
The Federal land in question was encroached on by a previous owner
without the foundation's knowledge. Upon discovery of the problem, the
foundation made an attempt to work with the Forest Service to remedy
the situation. Unfortunately, the fix requires authorization to sell
the land at fair market value. The bill simply grants authority to the
Secretary to do so.
Congresswoman Capps is to be commended for her leadership on this
legislation and her commitment to resolve this issue on behalf of her
constituents. We support H.R. 3008 and urge its adoption.
Mr. Speaker, I yield such time as she may consume to the gentlewoman
from California (Mrs. Capps), the sponsor of the legislation.
Mrs. CAPPS. Thank you to my colleague for yielding and to Chairman
Hastings and Ranking Member DeFazio for the work that has gone on in
bringing this bill to the floor today.
Mr. Speaker, I rise in support of my legislation, H.R. 3008. My
legislation will authorize the Forest Service to convey a small parcel
of land on the perimeter of the Los Padres National Forest in my
district to a local nonprofit organization, the White Lotus Foundation.
Over 30 years ago, the White Lotus Foundation purchased property on
the border of the Los Padres National Forest in the hills above Santa
Barbara, California. Soon after acquiring the property, the foundation
received notice of a small encroachment onto a piece of Forest Service
land that is detached from the rest of the forest. This encroachment is
located on the only road that allows White Lotus and the public access
to and from the foundation's property.
Due to the steep topography of the area, there are no other
reasonable alternatives that would retain public access to the
facility. One piece of the encroachment lies on flat ground that holds
equipment for fire and flood emergencies and provides access to a water
pump and other necessary equipment. There are no other viable areas to
move this equipment. So without this small piece of land, the facility
would be forced to close its doors.
White Lotus and the Forest Service have spent several years searching
for an administrative solution, but have determined that legislation is
the only viable way to permanently resolve this matter. My legislation
simply 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 will sell the small parcel of land to the foundation at fair
market value. Prior to the exchange or sale of this land, however, the
Forest Service must first certify that it is in the public interest,
and it can also impose additional conditions it deems appropriate.
Also, it is important to note that if the land sale does go forward,
it will not cost taxpayers a single dime. The legislation requires
White Lotus to pay for the land, the survey, and all administrative and
related costs. There are no exemptions from NEPA or any other
environmental laws, and the land in question is not protected
wilderness or any other specifically designated area.
This is a straightforward bill to provide a reasonable solution for
the White Lotus Foundation and the Forest Service. In fact, nearly
identical legislation, sponsored by our former Republican colleague,
Elton Gallegly, passed this House unanimously last Congress. The area
is now in my congressional district, and I am pleased to sponsor the
bill this Congress.
Again, I thank the chairman and the ranking member for bringing the
bill to the floor, and I do urge my colleagues to support this
legislation.
Mrs. LUMMIS. Mr. Speaker, I have no further speakers, if the
gentleman is prepared to close.
I reserve the balance of my time.
Mr. GRIJALVA. In closing, I thank the gentlelady from Wyoming as
well, and I yield back the balance of my time.
Mrs. LUMMIS. Mr. Speaker, I urge passage of H.R. 3008, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Wyoming (Mrs. Lummis) that the House suspend the rules
and pass the bill, H.R. 3008, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. LUMMIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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