[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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