[Congressional Record Volume 164, Number 194 (Monday, December 10, 2018)]
[House]
[Pages H9774-H9775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BIG BEAR LAND EXCHANGE ACT
Mr. BISHOP of Utah. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 5513) to provide for an exchange of lands with San
Bernardino County, California, to enhance management of lands within
the San Bernardino National Forest, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5513
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 ``Big Bear Land Exchange
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means the County of San
Bernardino, California.
(2) Federal land.--The term ``Federal land'' means the
approximately 73 acres of Federal land administered by the
Forest Service generally depicted as ``Federal Land Proposed
for Exchange'' on the Map.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 71 acres owned by the County generally
depicted as ``Non-Federal Land Proposed for Exchange'' on the
Map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Map.--The term ``Map'' means the map titled ``Big Bear
Land Exchange'' and dated August 6, 2018.
SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.
(a) Exchange Authorized.--Subject to valid existing rights
and the terms of this Act, no later than one year after the
date that the portion of the Pacific Crest National Scenic
Trail is relocated in accordance with subsection (h), if the
County offers to convey the non-Federal land to the United
States, the Secretary shall--
(1) convey to the County all right, title, and interest of
the United States in and to the Federal land; and
(2) accept from the County a conveyance of all right,
title, and interest of the County in and to the non-Federal
land.
(b) Equal Value and Cash Equalization.--
(1) Equal value exchange.--The land exchange under this
section shall be for equal value, or the values shall be
equalized by a cash payment as provided for under this
subsection or an adjustment in acreage. At the option of the
County, any excess value of the non-Federal lands may be
considered a gift to the United States.
(2) Cash equalization payment.--The County may equalize the
values of the lands to be exchanged under this section by
cash payment without regard to any statutory limit on the
amount of such a cash equalization payment.
(3) Deposit and use of funds received from county.--Any
cash equalization payment received by the Secretary under
this subsection shall be deposited in the fund established
under Public Law 90-171 (16 U.S.C. 484a; commonly known as
the Sisk Act). The funds so deposited shall remain available
to the Secretary, until expended, for the acquisition of
lands, waters, and interests in land for the San Bernardino
National Forest.
(c) Appraisal.--The Secretary shall complete an appraisal
of the land to be exchanged under subsection (a) in
accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal
Practice.
(d) Title Approval.--Title to the land to be exchanged
under this Act shall be in a format acceptable to the
Secretary and the County.
(e) Survey of Non-Federal Lands.--Before completing the
exchange under this Act, the Secretary shall inspect the non-
Federal lands to ensure that the land meets Federal
standards, including hazardous materials and land line
surveys.
(f) Costs of Conveyance.--As a condition of conveyance, any
costs related to the exchange under this section shall be
paid by the County.
(g) Management of Acquired Lands.--The Secretary shall
manage the non-Federal land acquired under this section in
accordance with the Act of March 1, 1911 (16 U.S.C. 480 et
seq.; commonly known as the Weeks Act), and other laws and
regulations pertaining to National Forest System lands.
(h) Pacific Crest National Scenic Trail Relocation.--No
later than three years after the date of enactment of this
Act, the Secretary, in accordance with applicable laws, shall
relocate the portion of the Pacific Crest National Scenic
Trail located on the Federal land to--
(1) adjacent National Forest System land;
(2) land owned by the County, subject to County approval;
(3) land within the Federal land, subject to County
approval; or
(4) a combination of paragraphs (1), (2), and (3).
(i) Map and Legal Descriptions.--As soon as practicable
after the date of the enactment of this Act, the Secretary
shall finalize a map and legal descriptions of all land to be
conveyed under this Act. The Secretary may correct any minor
errors in the map or in the legal descriptions. The map and
legal descriptions shall be on file and available for public
inspection in appropriate offices of the Forest Service.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Utah (Mr. Bishop) and the gentleman from Arizona (Mr. Gallego) each
will control 20 minutes.
The Chair recognizes the gentleman from Utah.
General Leave
Mr. BISHOP of Utah. 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 Utah?
There was no objection.
Mr. BISHOP of Utah. Mr. Speaker, I yield such time as he may consume
to the gentleman from California (Mr. Cook), the sponsor of this piece
of legislation, to explain why we should actually deal with this
particular piece.
Mr. COOK. Mr. Speaker, I thank Chairman Bishop for yielding me time.
Mr. Speaker, I would like to take a few minutes to talk about my
bill, H.R. 5513, the Big Bear Land Exchange Act. This bill would
authorize a land exchange of approximately 71 acres of land in the San
Bernardino National Forest for approximately 73 acres of land currently
owned by San Bernardino County.
This land would be used by the county to build a timber processing
facility that would serve the mountain communities. Currently, trees
and other forest waste are driven down the mountain through a narrow
and winding pass to a processing facility in the valley, resulting in
increased traffic congestion, significant wear and tear on mountain
roads, and numerous traffic accidents. This has been exacerbated this
week. We had quite a bit of snow, and, once again, it was very, very
treacherous. Safety is always a problem on these mountain roads.
This land exchange would require the relocation of a small portion of
the Pacific Crest Trail. I have worked closely with the Pacific Crest
Trail Association to include language ensuring that the relocation
would include environmental review and will occur before the exchange
takes place.
This land exchange has virtually unanimous local support, including
the city of Big Bear Lake, the Friends of Big Bear Valley, the Big Bear
Fire Department, the Big Bear City Community Services Department, the
Big Bear Municipal Water District, the Bear Valley Community Healthcare
District, the Big Bear Chamber of Commerce, and the local Big Bear
Group chapter of the Sierra Club. We haven't heard from the local bear
associations at all. That is a bad joke. It passed out of the House
Natural Resources Committee on a unanimous vote.
Mr. GALLEGO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 5513. This bill authorizes an
equal value land exchange between the U.S. Forest Service and San
Bernardino County.
The exchange would allow the county to build a resource conservation
and recovery facility adjacent to the current transfer station. The
Forest Service would receive an undeveloped parcel currently surrounded
by the San Bernardino National Forest.
H.R. 5513 is supported by the nearby city of Big Bear, by the Friends
of Big
[[Page H9775]]
Bear Valley, and by the local chapter of the Sierra Club.
I thank my colleague, Representative Cook, for working to address
some of our concerns with earlier drafts of this bill. Thanks to his
efforts, we have ensured this exchange will be subject to existing law,
that it will preserve critical and occupied habitat for endangered
species, and that the exchange will have minimal impacts on the Pacific
Crest National Scenic Trail.
H.R. 5513 demonstrates how a collaborative process can meet the
interests of local stakeholders, while protecting the integrity of our
environment and public lands.
Mr. Speaker, I urge my colleagues to support this piece of
legislation, and I yield back the balance of my time.
Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this is a perfect example of how to do something well. I
commend Congressman Cook for listening to his local constituents,
trying to get their input, and getting a bill that has total local
support. It is the way things should be done, solving a problem for
both the Forest Service, as well as San Bernardino County.
Not only will the Forest Service get a small parcel of land which
solves the problem of in-holdings within their property, but San
Bernardino County gets the ability of solving significant problems they
have in the area of public safety. This is one of those things that is
a win-win situation: a win-win situation which actually provides
safety, as well as the changing of that trail, if absolutely necessary,
but that has to be worked out before any of this is concluded.
The bottom line here is that we have realized there is a significant
problem, we have recognized this is a significant problem, and, by
working with local communities to get their input trying to come up
with a locally-driven solution to that problem, this is the way
government should operate. Unfortunately, it doesn't operate that way
all the time, but Congressman Cook has worked very hard to make sure
that this is one of those positive efforts. This bill is one of those
things that is a win for all of us.
Mr. Speaker, I heartily ask my colleagues to vote in favor of this,
and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Utah (Mr. Bishop) that the House suspend the rules and
pass the bill, H.R. 5513, 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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