[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1834. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 4049, to authorize appropriations for
fiscal year 2021 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.
(a) Definitions.--In this section:
(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 generally depicted as
``Federal Land Proposed for Exchange'' on the map entitled
``Big Bear Land Exchange'' and dated August 6, 2018.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 71 acres of land owned by the County
generally depicted as ``Non-Federal Land Proposed for
Exchange'' on the map referred to in paragraph (2).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Exchange Authorized.--Subject to valid existing rights
and this section, not later than 1 year after the date on
which the portion of the Pacific Crest National Scenic Trail
is relocated in accordance with subsection (i), 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.
(c) Equal Value and Cash Equalization.--
(1) Equal value exchange.--
(A) In general.--The land exchange under this section shall
be for equal value, or the values of the land exchanged under
this section shall be equalized by--
(i) a cash payment in accordance with this subsection; or
(ii) an adjustment in acreage.
(B) Gift.--At the option of the County, any amount by which
the value of the non-Federal land exceeds the value of the
Federal land may be considered a gift to the United States.
(2) Cash equalization payment.--The County may equalize the
values of the land to be exchanged under this section by cash
payment without regard to any statutory limitation 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--
(A) be deposited in the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a);
and
(B) remain available to the Secretary, until expended, for
the acquisition of land, water, and interests in land for the
San Bernardino National Forest.
(d) Appraisal.--The Secretary shall complete an appraisal
of the land to be exchanged under this section in accordance
with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal
Practice.
(e) Title Approval.--Title to the land to be exchanged
under this section shall be in a format acceptable to the
Secretary and the County.
(f) Survey of Non-Federal Land.--Before completing the
exchange under this section, the Secretary shall inspect the
non-Federal land to ensure that the land meets Federal
standards, including with respect to hazardous materials and
land line surveys.
(g) Costs of Conveyance.--As a condition of the conveyance
of the Federal land under this section, any costs related to
the exchange under this section shall be paid by the County.
(h) Management of Acquired Lands.--The Secretary shall
manage the non-Federal land acquired under this section in
accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Law'') (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.);
and
(2) other laws and regulations applicable to National
Forest System land.
(i) Pacific Crest National Scenic Trail Relocation.--Not
later than 3 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--
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County
approval;
(3) to land within the Federal land, subject to County
approval; or
(4) in a manner that combines 2 or more of the options
described in paragraphs (1), (2), and (3).
(j) Map and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare a map and
legal descriptions of all land to be conveyed under this
section.
(2) Corrections.--The Secretary may correct any minor
errors in the map or in the legal descriptions prepared under
paragraph (1).
(3) Public availability.--The map and legal descriptions
prepared under paragraph (1) shall be on file and available
for public inspection in appropriate offices of the Forest
Service.
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