[House Report 104-310]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-310
_______________________________________________________________________


 
          CLEVELAND NATIONAL FOREST LAND EXCHANGE ACT OF 1995

                                _______


November 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 207]

    The Committee on Resources, to whom was referred the bill 
(H.R. 207) to authorize the Secretary of Agriculture to enter 
into a land exchange involving the Cleveland National Forest, 
California, and to require a boundary adjustment for the 
national forest to reflect the land exchange, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cleveland National Forest Land 
Exchange Act of 1995''.

SEC. 2. LAND EXCHANGE, CLEVELAND NATIONAL FOREST, CALIFORNIA.

    (a) Conveyance by the Secretary of Agriculture.--
          (1) Conveyance.--In exchange for the conveyance described in 
        subsection (b), the Secretary of Agriculture (hereinafter 
        referred to as the ``Secretary'') shall convey to the Orange 
        County Council of the Boy Scouts of America all right, title, 
        and interest of the United States in and to the parcel of land 
        described in paragraph (2) located in the Cleveland National 
        Forest. The parcel conveyed by the Secretary shall be subject 
        to valid existing rights and to any easements that the 
        Secretary considers necessary for public and administrative 
        access.
          (2) Description of parcel.--The parcel of land referred to in 
        paragraph (1) consists of not more than 60 acres of land in 
        Section 28, Township 9 South, Range 4 East, San Bernardino 
        Meridian, in the unincorporated territory of San Diego County, 
        California.
    (b) Conveyance by the Boy Scouts of America.--
          (1) Conveyance.--In exchange for the conveyance described in 
        subsection (a), the Orange County Council of the Boy Scouts of 
        America shall convey to the United States all right, title, and 
        interest to the parcel of land described in paragraph (2). The 
        parcel conveyed under this subsection shall be subject to such 
        valid existing rights of record as may be acceptable to the 
        Secretary, and the title to the parcel shall conform with the 
        title approval standards applicable to Federal land 
        acquisitions.
          (2) Description of parcel.--The parcel of land referred to in 
        paragraph (1) shall be approximately equal in value to the 
        lands described in subsection (a)(2) and shall be at least the 
        Southerly 94 acres of the Westerly \1/2\ of Section 34, 
        Township 9 South, Range 4 East, San Bernardino Meridian, in the 
        unincorporated territory of San Diego County, California.
    (c) Boundary Adjustment.--Upon the completion of the land exchange 
authorized under this section, the Secretary shall adjust the 
boundaries of the Cleveland National Forest to exclude the parcel 
conveyed by the Secretary under subsection (a) and to include the 
parcel obtained by the Secretary under subsection (b). For purposes of 
section 7 of the Land and Water Conservation Fund Act of 1964 (16 
U.S.C. 460l-9), the boundary of the Cleveland National Forest, as 
modified by this Act, shall be considered the boundary of the forest as 
of January 1, 1965.
    (d) Incorporation Into Cleveland National Forest.--Upon acceptance 
of title by the Secretary, the parcel obtained by the Secretary under 
subsection (b) shall become part of the Cleveland National Forest and 
shall be subject to all laws applicable to such national forest.

                          purpose of the bill

    The purpose of H.R. 207 is to authorize the Secretary of 
Agriculture to enter into a land exchange involving the 
Cleveland National Forest, California, and to require a 
boundary adjustment to reflect the land exchange.

                  background and need for legislation

    H.R. 207 would clear up a problem between the Boy Scouts of 
America and the Cleveland National Forest. The Lost Valley 
Scout Reservation, located in a remote area of northern San 
Diego County and bordered by the Cleveland National Forest, is 
the principal summer camp for the 80,000 youth now served 
annually by the Orange County Council of the Boy Scouts of 
America. This 1,400-acre property was acquired by the Council 
in 1956 through deeds based on an 1880 survey.
    In 1987, the Forest Service surveyed the shared boundaries, 
and finding the 1880 surveys inaccurate, discovered a number of 
encroachments on Forest Service land. These include permanent 
buildings, a year-round residence, an unauthorized road, and 
buried water and electrical lines. The land is also heavily 
impacted by Scout use, as it lies between two camp activity 
centers.
    The bill would authorize the exchange of 43 acres of the 
Cleveland National Forest presently encroached upon or heavily 
impacted by the Lost Valley Scout Reservation for 94 acres now 
owned by the Council.

                            committee action

    H.R. 207 was introduced on January 4, 1995, by Congressman 
Christopher Cox. The bill was referred to the Committee on 
Resources, and within the Committee, to the Subcommittee on 
National Parks, Forests and Lands. The Subcommittee held a 
hearing on July 20, 1995, on various land exchange measures, 
including H.R. 207.
    The Subcommittee met to mark up H.R. 207 on October 17, 
1995. The bill was ordered reported to the Full Committee by 
voice vote, without amendment. Full Committee consideration and 
mark-up of H.R. 207 was held on October 25, 1995. During 
Committee consideration, an amendment in the nature of a 
substitute was offered by Mr. Hansen. The amendment was 
requested by the United States Forest Service to clarify what 
lands would be traded by the Federal Government and what lands 
would be traded by the Orange County Council of the Boy Scouts. 
The Hansen amendment was accepted by voice vote. The bill, as 
amended, was ordered reported to the House of Representatives 
by unanimous consent.

                      section-by-section analysis

Section 1. Short title

    This Act may be cited as the ``Cleveland National Forest 
Land Exchange Act of 1995.''

Section 2. Land exchange, Cleveland National Forest, California

    The Secretary of Agriculture shall convey to the Orange 
County Council of the Boy Scouts of America all right, title, 
and interest of the United States to approximately 43 acres of 
land described in the bill. In exchange for the approximately 
43 acres of land received by the Boy Scouts, the Orange County 
Council of the Boy Scouts of America shall convey to the 
Secretary of Agriculture all right, title, and interest to the 
approximately 94 acres of land as described. Upon the 
completion of the land exchange, the Secretary of Agriculture 
shall adjust the boundaries of the Cleveland National Forest to 
exclude the parcel conveyed by the Secretary and to include the 
parcel obtained by the Secretary. Upon acceptance of title by 
the Secretary of Agriculture, the parcel obtained by the 
Secretary shall become part of the Cleveland National Forest.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 207 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 207. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
207 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 207.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 207 
from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 3, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 207, the Cleveland National Forest Land Exchange 
Act of 1995, as ordered reported by the House Committee on 
Resources on October 25, 1995. Enacting H.R. 207 would have no 
significant impact on the federal budget. The bill would not 
affect direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    The bill would authorize the Secretary of Agriculture to 
exchange up to 60 acres of land in the Cleveland National 
Forest, California, for about 94 acres of land owned by the 
Orange County Council of the Boy Scouts. The bill also would 
adjust the boundary of the Cleveland National Forest to reflect 
the land exchange. The exchanges are to be of approximately 
equal value.
    The Orange County Council of the Boy Scouts is currently 
using the land in the Cleveland National Forest but pays no 
fees for its use. Therefore, no loss of offsetting receipts 
would occur as a result of the land exchange. The Forest 
Service estimates that the discretionary costs to carry out the 
surveys for the boundary adjustment would total about $100,000. 
Enacting H.R. 207 would have no significant impact on the 
budgets of state or local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Victoria V. 
Heid.
            Sincerely,
                                         June E. O'Neill, Director.

                        changes in existing law

    If enacted, H.R. 207 would make no changes in existing law.

                          departmental reports

    The Committee received an unfavorable report on H.R. 207 
from the Department of Agriculture on February 21, 1995. No 
other reports have been received.

                         Department of Agriculture,
                                   Office of the Secretary,
                                 Washington, DC, February 15, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
Washington, DC.
    Dear Mr. Chairman: This is in reply to your January 13, 
1995, request for our views on H.R. 207, a bill ``To authorize 
the Secretary of Agriculture to enter into a land exchange 
involving the Cleveland National Forest, California, and to 
require a boundary adjustment for the National Forest to 
reflect the land exchange, and for other purposes.''
    This Department would not object to H.R. 207, if amended. 
Although the approach taken in H.R. 207 is not our preferred 
solution, we have taken the liberty of drafting a substitute 
bill that addresses our concerns.
    H.R. 207 would direct the Secretary of Agriculture to 
convey approximately 43 acres of land located in the Cleveland 
National Forest to the Orange County Council of the Boy Scouts 
of America (BSA) in exchange for approximately 94 acres of land 
outside the National Forest boundary. The National Forest 
boundary would be adjusted to include the lands acquired by the 
United States. The lands conveyed to the United States would 
become part of the Cleveland National Forest.
    The 43-acre National Forest parcel is located adjacent to 
the Lost Valley Boy Scout Camp in a remote area of northern San 
Diego County. Improvements constructed by BSA in the late 
1950's and early 1960's were believed to be on land owned by 
the BSA until the Forest Service surveyed a portion of the 
National Forest boundary adjacent to the Camp in the late 
1980's. This partial survey revealed that a number of 
facilities, including permanent buildings, a year-around 
residence, a road, and utility lines had been constructed on 
National Forest Land.
    The BSA and the Forest Service could resolve these 
encroachments under existing authorities without adjusting the 
boundary of the Cleveland National Forest. This could be 
accomplished by exchanging the affected Federal land (the Lost 
Valley Boy Scout Camp) for non-Federal land within the Forest 
boundary and this would be our preferred solution.
    H.R. 207 would resolve this encroachment situation by 
directing an exchange for land owned by BSA outside the Forest 
boundary and would adjust the boundary to include this parcel 
within the Cleveland National Forest. Any resolution that would 
entail adjustment of a National Forest boundary would require 
legislation.
    We believe the public would be served best by exchanging 
the Federal land on which the encroachments are located for 
non-Federal land that has been identified by the Forest Service 
for acquisition within the existing Forest boundary. However, 
legislation involving the exchange of land owned by the BSA 
outside, but adjacent to, the boundary would be acceptable to 
the Department if it completely resolves the encroachment issue 
with the BSA.
    We are concerned that facilities and other improvements in 
addition to those that are located on the Federal land 
described in H.R. 207 may be encroaching on the Cleveland 
National Forest. The full extent of the encroachment has not 
yet been determined because the survey of the property lines 
around the Lost Valley Boy Scout Camp has not been completed.
    We would not object to legislation that provides the 
Department and the BSA with the flexibility to accommodate the 
results of a completed survey. This could be accomplished by 
avoiding any specific reference to the parcels to be exchanged. 
For your consideration, the enclosed supplemental statement 
contains a draft substitute bill for H.R. 207 that would 
address our concerns by requiring the Secretary to enter into 
negotiations with the BSA for the purpose of either exchanging 
or selling to the BSA the federally owned lands that are 
currently occupied and used by the BSA.
    The draft bill would also require that the BSA pay for and 
provide a survey of the affected Federal land and would 
authorize the Secretary of Agriculture, in the case of an 
exchange, to accept non-Federal land or interests in land 
within, or adjacent to, the Cleveland National Forest boundary.
    The Office of Management and Budget advises that there is 
no objection to the presentation of this report from the 
standpoint of the Administration's program.
            Sincerely,
                                       Richard E. Rominger,
                                                  Acting Secretary.

                         supplemental statement

     A BILL To require the Secretary of Agriculture to enter into 
   negotiations for the exchange or sale of certain lands within the 
           Cleveland National Forest, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled.

Section 1. Short title

    This act may be cited as the ``Cleveland National Forest 
Land Transfer Act of 1995.''

Section 2. Land exchange

    (a) In General.--The Secretary of Agriculture (hereafter 
``Secretary'') shall enter into negotiations with the Orange 
County Council of the Boy Scouts of America (hereafter ``BSA'') 
for the purpose of developing a mutual agreement for a land 
exchange or sale that would convey to the BSA certain Federally 
owned lands within the Cleveland National Forest which are 
currently occupied and used by the BSA.
    (b) Authority To Exchange; Boundary Adjustment.--The 
Secretary is authorized to accept in exchange for land conveyed 
by the United States under subsection (a), any land or interest 
in lands lying within or adjacent to the boundaries of the 
Cleveland National Forest: Provided that, upon conveyance, the 
boundaries of the Cleveland National Forest shall be deemed to 
encompass any lands conveyed by the BSA to the United States 
which may lie outside the existing boundaries. For purposes of 
section 7 of the Land and Water Conservation Fund Act of 1964 
(16 U.S.C. 4601-9), the boundary of the Cleveland National 
Forest, as modified by any exchange authorized by this Act, 
shall be considered the boundary of the forest as of January 1, 
1965.
    (c) Applicable Authorities.--Except as specifically 
provided in this section, any exchange shall be in conformity 
with existing exchange authorities and regulations of the 
Secretary, including provisions for equal value, title 
acceptable to the Secretary, and adequate legal description.

Section 3. Authority to sell

    (a) In General.--As an alternative to the land exchange 
authorized by section 2, the Secretary is authorized to sell 
and quitclaim to the BSA such lands and interests therein as 
are currently occupied and used by the BSA, the boundaries of 
which parcel are acceptable to the Secretary and, in 
consideration therefor, to receive monies from the BSA equal to 
the fair market value of the lands.
    (b) Deposit of Payment.--All monies so received shall be 
deposited into the fund provided by the Act of December 4, 1967 
(16 U.S.C. 484a), known as the Sisk Act, and shall, upon 
appropriation, be available for expenditure for the acquisition 
of lands pursuant to the Sisk Act.

Section 4. Surveys

    The Federal land and interests in land to be exchanged or 
sold by the United States under this Act shall be determined by 
a survey, including monumentation and preparation of plats, 
provided and paid for by the BSA and subject to the approval of 
the Secretary.

                      section-by-section analysis

Section 1

    Section 1 contains the short title of the bill.

Section 2

    Section 2(a) would require the Secretary of Agriculture 
(Secretary) to enter into negotiations with the Orange County 
Council of the Boy Scouts of America (BSA) for the purpose of 
developing a mutual agreement for the exchange or sale of 
certain federally owned lands within the Cleveland National 
Forest which are currently occupied and used by the BSA. This 
subsection accommodates the need to complete the landline 
survey in the vicinity of the Lost Valley Boy Scout Camp to 
ensure that the exchange resolves the entire boundary issue.
    Section 2(b) would authorize the Secretary to accept non-
Federal land or interests in land within, or adjacent to, the 
Cleveland National Forest boundary in exchange for the 
federally owned land conveyed under subsection (a). Subsection 
(b) would adjust the boundaries of the Cleveland National 
Forest to encompass any non-Federal land outside of the 
existing Forest boundary acquired in the exchange by the United 
States. Any new boundary would be considered the same as the 
1965 boundary of the Cleveland National Forest for purposes of 
section 7 of the Land and Water Conservation Fund Act of 1964 
(16 U.S.C. 4601-9), which only allows the use of the Fund to 
buy inholdings in National Forests ``as the boundaries of the 
Forest exist on January 1, 1965.''
    Section 2(c) would require any exchange to conform with the 
Secretary's existing exchange authorities and regulations, 
including section 206(b) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(b)), which requires that 
the exchanged lands or interests in land be either equal in 
value or equalized by a cash payment not to exceed 25 percent 
of the value of the Federal land. Title to the non-Federal 
lands or interests in lands conveyed by the BSA must be 
acceptable to the Secretary and contain an adequate legal 
description.

Section 3

    Section 3(a) would authorize the Secretary, as an 
alternative to the exchange under section 2, to sell and 
quitclaim to the BSA the same Federal land provided that the 
boundaries of the parcel to be conveyed are acceptable to the 
Secretary. The Secretary would be authorized to receive monies 
from the BSA equal to fair market value in consideration for 
the conveyance of the Federal land.
    Section 3(b) would require the deposit of monies received 
under subsection (a) into the fund provided by the Act of 
December 4, 1967 (16 U.S.C. 484a), known as the Sisk Act, and 
would make such monies available, upon appropriation, for the 
acquisition of lands under the Sisk Act.

Section 4

    Section 4 would require that the Federal land conveyed by 
the United States either under section 2 or section 3 be 
determined by a survey, including monumentation and preparation 
of plats, provided and paid for by the BSA and subject to the 
approval of the Secretary.

                                
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