[Congressional Record Volume 165, Number 186 (Wednesday, November 20, 2019)]
[House]
[Pages H9074-H9075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
BIG BEAR LAND EXCHANGE ACT
Mr. HUFFMAN. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 255) 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. 255
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) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
subsection is not equal, the value may be equalized by--
(A) making a cash equalization payment to the Secretary or
to the owner of the non-Federal land, as appropriate, in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)); or
(B) reducing the acreage of the Federal land or the non-
Federal land to be exchanged, as appropriate.
(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 non-Federal land
acquired by the Secretary under subsection (a) shall be--
(1) added to, and managed as part of, San Bernardino
National Forest; and
(2) managed in accordance with--
(A) the Act of March 1, 1911 (16 U.S.C. 480 et seq.;
commonly known as the ``Weeks Act''); and
(B) any other laws, including regulations, pertaining to
National Forest System lands.
(h) Pacific Crest National Scenic Trail Relocation.--Not
later than three years after the date of enactment of this
Act, the Secretary, in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
other applicable laws (including regulations), 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.
(j) Applicable Law.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to
the land exchange authorized under subsection (a).
(k) Additional Terms and Conditions.--Any conveyance of
Federal land under this Act shall be subject to--
(1) valid existing rights;
(2) the terms of this Act; and
(3) such terms and conditions as the Secretary may require.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Huffman) and the gentleman from California (Mr.
McClintock) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Huffman).
{time} 1345
General Leave
Mr. HUFFMAN. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. HUFFMAN. Madam Speaker, I yield myself such time as I may
consume.
H.R. 255, introduced by Representative Cook, would authorize an equal
value exchange between the U.S. Forest Service and San Bernardino
County. This exchange would enable the county to build a resource
conservation and recovery facility. This will increase efficiency and
safety of timber processing and recycling in that area. In return, the
Forest Service would receive an undeveloped inholding in the San
Bernardino National Forest.
The bill is a perfect example of how, through a collaborative
process, we can meet the needs of local stakeholders while continuing
to protect our environment and public lands.
Mr. Speaker, I would like to congratulate and thank my colleague,
Representative Cook, for introducing this legislation, and I urge my
colleagues to support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
[[Page H9075]]
Mr. Speaker, H.R. 255, introduced by the gentleman from California
(Mr. Cook), authorizes a locally supported equal value land exchange
between the Forest Service and San Bernardino County. The county has
proposed to convey an inland parcel within the San Bernardino National
Forest to the Forest Service in exchange for land further north to be
conveyed by the county.
The land conveyed by the county will allow needed forest management
infrastructure to be located closer to the forest and promote road
safety by reducing the need to drive forest products down narrow,
winding roads.
H.R. 255 also authorizes cooperation between the county and the
Forest Service to relocate a portion of the Pacific Crest National
Scenic Trail, if needed, and requires that the trail relocation be
completed before the exchange is consummated.
This legislation is the result of a Congressman who has listened to
the voices of his community, an administration sympathetic to the
plight of our forest communities, and community members and their local
representatives putting forward a reasonable and workable plan that is
fair to all parties.
Mr. Speaker, I urge adoption of the measure, and I reserve the
balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from southern California (Mr. Aguilar).
Mr. AGUILAR. Mr. Speaker, I appreciate the gentleman from California
offering me some time, and I want to thank Representative Cook, as
well, for his efforts.
I rise in support of the Big Bear Land Exchange Act.
My community in San Bernardino County experiences some of the highest
levels of air pollution anywhere in the country, and, in order to
combat this pollution, we must find ways to reduce emissions in our
region. This bill will help us do just that.
This land exchange between the county and the Federal Government will
allow the establishment of a recycling and recovery center in my
neighboring district. This facility would decrease the long distances
that trucks have to travel to dispose of waste and will allow us to
divert this waste by repurposing recyclable materials.
This legislation is good for our communities and is a smart way to
help mitigate pollution and combat climate change.
Mr. Speaker, I would like to thank my colleague, Representative Cook,
for his work in championing this bill and for his bipartisan
collaboration. I have worked with Mr. Cook on a number of issues
representing San Bernardino County. Nobody is more thoughtful when it
comes to what our future direction holds. I know his heart is in San
Bernardino County, as well, and no one will ever doubt that about his
intent.
Just because he doesn't want to hang out here with us in this
facility oftentimes doesn't mean that he isn't publicly driven and
publicly minded in order to deliver for his constituents. This bill is
one of those examples.
Mr. Speaker, I look forward to working with my colleague the
remainder of the next 12 months and in the years ahead, and I want to
thank him for his efforts in this regard.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
I share my colleague's high words of praise and warmth for our
colleague, Mr. Cook, the author of this measure, and I am also somewhat
annoyed with him for his decision to leave the Congress at the end of
this session for the county board of supervisors.
Mr. Speaker, I yield such time as he may consume to the gentleman
from California (Mr. Cook).
Mr. COOK. Mr. Speaker, I thank Mr. McClintock for yielding his time.
I had my speech all prepared, but I am not sure whether it is a San
Bernardino lovefest or a beat up on Paul Cook because he is leaving
this institution.
This is an example. Everybody knows that you can work together; you
can put your differences aside and get things done. I pride myself on
that. I am very, very passionate about certain things.
This bill sounds simple, the pollution going up and down that hill;
but, more so, anyone who has lived in a mountain community knows how
dangerous it is, particularly in the winter, and more so with a truck
with timber on it, the number of accidents that we have on those roads
up there--just the deaths--every year. We have always had problems, and
it is something I am very, very concerned about.
I do want to commend working with the Pacific Crest Trail
Association, working together so we could iron out some of these
things.
The relocation, as I think was already mentioned, will include
environmental review and will take care before the exchange takes
place.
And we have got a lot of people on this: the city of Big Bear Lake,
the Friends of Big Bear Valley, Big Bear Fire Department.
By the way, there are big bears up there. If you haven't met one
there, stay off the highways.
Anyway, the Big Bear City Community Services Department, the water
district, the community healthcare, the chamber of commerce, and the
local Big Bear chapter of the Sierra Club--and they have been great on
this.
It passed out of the House Natural Resources Committee on a
unanimous, bipartisan vote. Last December, nearly identical language
passed out of the House as H.R. 5513 with overwhelming bipartisan
support.
I appreciate the comments--even the sarcastic comments--of my
colleagues, and I truly am going to miss this institution.
Mr. McCLINTOCK. Mr. Speaker, I yield myself the balance of my time.
I assure my friend, they are not sarcastic. He will be sorely missed
in this House.
Mr. Speaker, I urge adoption of this measure and urge my colleague to
change his mind and come back next session, and I yield back the
balance of my time.
Mr. HUFFMAN. Mr. Speaker, I yield myself such time as I may consume.
I want to associate myself with the other comments about how much we
are going to miss Colonel Cook. We respect him. We admire him. We are
amused by him.
Let the record show he just called the Sierra Club great. I want that
to be noted.
And although he has found a way, through this bill, to create an
equal value exchange, something tells me that in the exchange of
Colonel Cook, because we are losing him, the County of San Bernardino
is making out a lot better than this institution. So I wish him well
and urge a ``yes'' vote on his good bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Keating). The question is on the motion
offered by the gentleman from California (Mr. Huffman) that the House
suspend the rules and pass the bill, H.R. 255, 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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