[Senate Report 106-444]
[From the U.S. Government Publishing Office]
Calendar No. 889
106th Congress Report
SENATE
2d Session 106-444
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KERN COUNTY CALIFORNIA LAND EXCHANGE ACT OF 2000
_______
September 29, 2000--Ordered to be printed
Filed under authority of the order of the Senate of September 28
(legislative day, September 22), 2000
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1680]
The Committee on Energy and Natural Resources, to which was
referred the Act (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, reports favorably thereon
with an amendment and recommends that the Act, 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 as depicted on
the map entitled ``Camp Owen'', dated June 15, 2000.
(2) Approximately 4 acres known as Wofford Heights Park as
depicted on the map entitled ``Wofford Heights Park'', dated
June 15, 2000.
(3) Approximately 4 acres known as French Gulch maintenance
yard as depicted on the map entitled ``French Gulch Maintenance
Yard'', dated June 15, 2000.
(4) Approximately 14 acres known as the Kernville Fish
Hatchery as depicted on the map entitled ``Kernville Fish
Hatchery'', dated June 15, 2000.
(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
for fair market value consisting of approximately 52 acres as
depicted on the map entitled ``Greenhorn Mountain Park'',
located in Kern County, California, dated June 18, 2000.
(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. 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 3 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. 4601-9),
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 measure
H.R. 1680 provides 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 directs 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 addition to land, the county also would provide a
storage facility to the Federal Government, and a cash
equalization payment if necessary.
background and need
H.R. 1680 provides for the transfer of three parcels of
land on the Sequoia National Forest, totaling approximately 92
acres, to Kern County, California, in exchange for one parcel
of approximately 52 acres of land currently owned by Kern
County and a storage facility.
The National Forest System lands to be conveyed include a
70-acre parcel known as Camp Owen, a juvenile justice facility
which has been operated by Kern County for the last fifty
years; Wofford Heights Park, consisting of approximately 4
acres in the small rural community of Wofford Heights; and the
French Gulch maintenance yard, approximately 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 included within the parcel to be transferred to County
ownership. No disruption of operations is anticipated because
Kern County intends to continue the State's permit to operate
the hatchery.
In exchange for the Federal lands to be conveyed, the
County would transfer the Greenhorn Mountain Park to the Forest
Service. Kern County owns and operates the Greenhorn Mountain
Park, a 52-acre forested park located within the Sequoia
National Forest. The park includes campsites, cabins, a
recreational hall and mess halls, as well as an outdoor
amphitheater. In addition, the Forest Service operates an
emergency aid office, uses the roads and water system to serve
other National Forest System lands, and uses sheds on the site
to store Forest Service equipment.
The legislation eliminates an inholding on the National
Forest and enables the Forest Service to use the Greenhorn
property without 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 also would assure the continued operation
of the Camp Owen juvenile justice facility by Kern County
without the need for a special use permit.
legislative history
H.R. 1680 was introduced on May 4, 1999, by Representative
William M. Thomas. On March 21, 2000, H.R. 1680 passed the
House by voice vote. The Subcommittee on Forests and Public
Land Management held a hearing on H.R. 1680 on June 8, 2000. At
the business meeting on September 20, 2000, the Committee on
Energy and Natural Resources ordered H.R. 1680 reported
favorably with a substitute amendment.
committee recommendation and tabulation of votes
The Senate Committee on Energy and Natural Resources, in
open business session on September 20, 2000, by a voice vote of
a quorum present, recommends that the Senate pass H.R. 1680 if
amended as described herein.
committee amendment
During the consideration of H.R. 1680, the Committee
adopted an amendment in the nature of a substitute that
addresses the Administration's concerns that maps of the
properties be referred to in the bill and that the $100,000
cash equalization cap be removed.
section-by-section analysis
Section 1 provides the short title of the bill, the ``Kern
County California Land Exchange Act of 2000.''
Section 2 requires the Forest Service to transfer 92 acres
of land to Kern County, California, in exchange for 52 acres of
County land. This section also requires a cash equalization
payment and identifies conditions for acceptance and
conveyance.
cost and budgetary considerations
The Congressional Budget Office (CBO) estimate of the costs
of this measure has been requested but was not received at the
time the report was filed. When the report becomes available
the Chairman will request that it be printed in the
Congressional Record for the advice of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 1680. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of H.R. 1680, as ordered reported.
Executive Communications
On September 25, 2000 the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth Executive agency recommendations on H.R. 1680. These
reports had not been received at the time the report on H.R.
1680 was filed. When the reports become available, the Chairman
will request that they be printed in the Congressional Record
for the advice of the Senate. At the June 8 Subcommittee on
Forests and Public Land Management hearing, the Administration
testified as follows:
Statement of Jack Craven, Director of Lands, Forest Service, Department
of Agriculture
Mr. Chairman and Members of the Subcommittee, thank you for
the opportunity to present the Administration's views
concerning H.R. 1680, an Act 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. I want to acknowledge the good work that Congressman
Thomas has done to help resolve some of the issues the
Administration had with the previous version of this bill. We
would not object to this bill if it is amended as suggested.
This bill would convey 88 acres of national forest land to
Kern County, California in exchange for approximately 52 acres
of land owned by Kern County. Congressman Thomas has worked
hard to meet some of the concerns we expressed at the House
hearing on this bill; however, certain issues remain. This bill
should be clarified to require that fair market value be
established by an appraisal prepared in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions and
approved by the Secretary. This bill also should be revised to
remove the cap of $100,000 on the cash equalization payments.
These amendments would ensure that the taxpayers receive fair
market value for public assets. With these amendments, we would
not object to this bill.
This concludes my testimony. I would be glad to answer any
questions you may have.
Changes In Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by H.R. 1680, as ordered
reported.