[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.

                                  
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