[House Report 106-510]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-510
======================================================================

 
            KERN COUNTY CALIFORNIA LAND EXCHANGE ACT OF 2000

                                _______
                                

 March 2, 2000.--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. 1680]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 1680) to provide for the conveyance of Forest Service 
property in Kern County, California, in exchange for county 
lands suitable for inclusion in Sequoia National Forest, 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 ``Kern County California Land Exchange 
Act of 2000''.

SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PARCELS, KERN COUNTY, 
                    CALIFORNIA.

  (a) Exchange Required.--In exchange for the non-Federal lands and the 
additional consideration described in subsection (b), the Secretary of 
Agriculture shall convey to Kern County, California, all right, title, 
and interest of the United States in and to four parcels of land under 
the jurisdiction of the Forest Service in Kern County, as follows:
          (1) Approximately 70 acres known as Camp Owen.
          (2) Approximately 4 acres known as Wofford Heights Park.
          (3) Approximately 4 acres known as the French Gulch 
        maintenance yard.
          (4) Approximately 14 acres known as the Kernville Fish 
        Hatchery.
  (b) Consideration.--
          (1) Conveyance of non-federal lands.--As consideration for 
        the conveyance of the Federal lands referred to in subsection 
        (a), Kern County shall convey to the Secretary a parcel of land 
        consisting of approximately 52 acres of Greenhorn Mountain Park 
        in Kern County, California, which is owned by Kern County 
        within Sequoia National Forest.
          (2) Replacement facility.--As additional consideration for 
        the conveyance of the storage facility located at the 
        maintenance yard referred to in subsection (a)(3), Kern County 
        shall provide a replacement storage facility of comparable size 
        and condition, as acceptable to the Secretary, at the Greenhorn 
        Ranger District Lake Isabella Maintenance Yard property.
          (3) Cash equalization payment.--As additional consideration 
        for the conveyance of the Federal lands referred to in 
        subsection (a), Kern County shall tender a cash equalization 
        payment specified by the Secretary, but not to exceed $100,000. 
        Subject to such limitation, the cash equalization payment shall 
        be based upon an appraisal performed at the option of the 
        Forest Service pursuant to section 206(b) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
  (c) Conditions on Acceptance.--Title to the non-Federal lands to be 
conveyed under this section must be acceptable to the Secretary, and 
the conveyance shall be subject to valid existing rights of record. The 
non-Federal lands shall conform with the title approval standards 
applicable to Federal land acquisitions.
  (d) Time for Conveyance.--Subject to subsection (c), the Secretary 
shall complete the conveyance of the Federal lands under subsection (a) 
within three months after Kern County tenders to the Secretary the 
consideration required by subsection (b).
  (e) Status of Acquired Lands.--Upon approval and acceptance of title 
by the Secretary, the non-Federal lands conveyed to the United States 
under this section shall become part of Sequoia National Forest, and 
the boundaries of the national forest shall be adjusted to include the 
acquired lands. The Secretary shall manage the acquired lands for 
recreational purposes in accordance with the laws and regulations 
pertaining to the National Forest System. For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
the boundaries of the national forest, as adjusted pursuant to this 
section, shall be considered to be the boundaries of the national 
forest as of January 1, 1965.
  (f) Relationship to Environmental Liability.--In connection with the 
conveyances under this section, the Secretary may require such 
additional terms and conditions related to environmental liability as 
the Secretary considers appropriate to protect the interests of the 
United States.
  (g) Legal Descriptions.--The exact acreage and legal description of 
the real property to be exchanged under this section shall be 
determined by a survey or surveys satisfactory to the Secretary. The 
costs of any such survey, as well as other administrative costs 
incurred to execute the land exchange (other than costs incurred by 
Kern County to comply with subsection (h)), shall be divided equally 
between the Secretary and Kern County.
  (h) Treatment of Existing Utility Lines at Camp Owen.--Upon receipt 
of the Federal lands described in subsection (a)(1), Kern County shall 
grant an easement, and record the easement in the appropriate office, 
for permitted or licensed uses of those lands that are unrecorded as of 
the date of the conveyance.
  (i) Applicable Law.--Except as otherwise provided in this section, 
any exchange of National Forest System land under this section shall be 
subject to the laws (including regulations) applicable to the 
conveyance and acquisition of land for the National Forest System.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1680 is to provide for the conveyance 
of Forest Service property in Kern County, California, in 
exchange for county lands suitable for inclusion in Sequoia 
National Forest.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1680 provides for the exchange of land in the Sequoia 
National Forest for land and other items currently owned by 
Kern County, California.
    In the bill as introduced, the Sequoia National Forest 
lands to be conveyed included a 104-acre parcel known as Camp 
Owen, a juvenile justice facility which has been operated by 
Kern County for the last 50 years; Wofford Heights Park, 
consisting of approximately 4 acres in the small rural 
community of Wofford Heights; and the French Gulch maintenance 
yard (approximately 3.4 acres), which is used by Kern County 
for maintenance of its parks. A fish hatchery, operated by the 
State of California under permit from the Forest Service, is 
located across the road from Camp Owen and was included within 
the parcel to be transferred to County ownership. No disruption 
of operations is anticipated, since Kern County intends to 
continue the State's permit to operate the hatchery.
    Kern County owns and operates the Greenhorn Mountain Park, 
a 160-acre forested park located within the Sequoia National 
Forest. The Park includes camp sites, cabins, a recreational 
hall and mess halls, as well as an outdoor amphitheater. In 
addition, the Forest Service operates an emergency aid office 
there, uses the roads and water system to serve other national 
forest lands, and uses sheds on the site to store Forest 
Service equipment. In exchange for the federal lands to be 
conveyed, under the bill as introduced, the County would have 
transferred the entire 160-acre parcel to the Forest Service.
    As introduced, the legislation would eliminate an inholding 
in the Sequoia National Forest and enable the Forest Service to 
use the Greenhorn property without requiring a County permit. 
In exchange, Kern County would acquire Camp Owen and two minor 
properties which do not have forest characteristics, are not 
used by the Forest Service, and in which the County has 
invested both time and money. The exchange would also assure 
the continued operation of the Camp Owen juvenile justice 
facility by Kern County without the need for a special use 
permit.
    Following the hearing on this bill, the bill was amended at 
Full Committee to reflect a recent agreement between the County 
and the Forest Service. As reported, H.R. 1680 would provide 
that approximately 92 acres of National Forest land be conveyed 
to Kern County and approximately 52 acres of the County's 
Greenhorn Mountain Park be conveyed to the U.S. Forest Service 
(eliminating the developed acreage at Greenhorn Mountain Park 
from the exchange). It also provides for a cash equalization 
payment from Kern County to the Forest Service not to exceed 
$100,000. In addition, as consideration for the conveyance of a 
storage facility at the French Gulch maintenance yard, Kern 
County will provide a replacement storage facility of 
comparable size and condition. This requirement may be met by 
moving the existing facility or replacing it with a comparable 
one, to be installed on a prepared site at the Forest Service 
offices at Lake Isabella. The bill as reported also provides 
that an easement will be granted by Kern County for existing 
utility lines on the Camp Owen property. These changes were 
developed in final negotiations between Kern County and the 
Sequoia National Forest to address the Administration's 
concerns with the introduced bill and to provide continued 
access for the owner of existing utility lines at Camp Owen.

                            COMMITTEE ACTION

    H.R. 1680 was introduced on May 4, 1999, by Congressman 
William Thomas (R-CA). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On October 19, 1999, the 
Subcommittee held a hearing on the bill, where Rep. Thomas and 
the Forest Service testified. The Forest Service opposed the 
legislation as drafted and expressed its willingness to find a 
compromise. On November 2, 1999, the Subcommittee met to mark 
up the bill. No amendments were offered and the bill was 
ordered favorably reported to the Full Committee by voice vote. 
On February 16, 2000, the Full Resources Committee met to 
consider the bill. Chairman Don Young (R-AK) offered an 
amendment in the nature of a substitute, as described above. 
The amendment was adopted by voice vote. The bill as amended 
was then ordered favorably reported to the House of 
Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the bill, the ``Kern 
County California Land Exchange Act of 2000.''

Section 2. Land exchange, Camp Owen and related parcels, Kern County, 
        California

    Section 2 (as amended) provides for the exchange of 92 
acres of National Forest land to Kern County, California, and 
52 acres of County land to the U.S. Forest Service; a cash 
equalization payment; and conditions for acceptance and 
conveyance.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 1680 would result in increased offsetting 
receipts of approximately $30,000 to $50,000.
    3. Government Reform Oversight Findings. Under clause 
3(c)(4) of rule XIII 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 on this bill.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 29, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1680, the Kern 
County California Land Exchange Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contract is Deborah 
Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 1680--Kern County California Land Exchange Act of 2000

    CBO estimates that enacting H.R. 1680 would have no 
significant effect on the federal budget. Because the bill 
could increase offsetting receipts (a form of direct spending), 
pay-as-you-go procedures would apply, but CBO estimates that 
the one-time increase in receipts would be between $30,000 and 
$50,000 in fiscal year 2001. H.R. 1680 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. Any costs incurred by Kern County 
to achieve this exchange would be voluntary. Enactment of the 
bill would have no other significant impact on the budgets of 
state, local, or tribal governments.
    H.R. 1680 would provide for a property exchange between the 
federal government and Kern County, California, involving land 
and structures within the boundaries of the Sequoia National 
Forest. The bill would direct the Secretary of Agriculture to 
convey to the county about 92 acres of federal property in 
exchange for about 52 acres of county-owned land within Sequoia 
National Forest. In additional to land, the county also would 
convey a storage facility to the federal government, and a cash 
payment of up to $100,000.
    According to the Forest Service, the federal land to be 
conveyed to the county in the proposed exchange includes a 56-
acre site as a juvenile justice facility by Kern County under 
permit from the Forest Service. The federal acreage also 
includes a fish hatchery, a maintenance yard, and a maintenance 
building. Based on information provided by the Agency, CBO 
estimates that the difference in the value of the lands to be 
exchanged is between $30,000 and $50,000, necessitating a cash 
equalization payment to the federal government. The county land 
to be acquired is undeveloped land in Greenhorn Mountain Park. 
Administering the new acreage would not have any significant 
impact on the Forest Service budget. The land would remain 
undeveloped.
    The CBO staff contact is Deborah Reis. This estimate was 
approved by Peter H. Fontaine, Deputy Assistant Director for 
Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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