[Senate Report 111-273]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 543
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-273

======================================================================



 
                     DEAFY GLADE LAND EXCHANGE ACT

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1043]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1043) to provide for a land exchange 
involving certain National Forest System lands in the Mendocino 
National Forest in the State of California, and for other 
purposes, 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 ``Deafy Glade Land Exchange Act''.

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

    (a) Definitions.--In this section:
          (1) County.--The term ``County'' means Solano County, 
        California.
          (2) Federal land.--The term ``Federal land'' means the parcel 
        of approximately 82 acres of land--
                  (A) known as the ``Fouts Springs Ranch''; and
                  (B) generally depicted as the ``Fouts Springs 
                Parcel'' on the map.
          (3) Map.--The term ``map'' means the map entitled ``Fouts 
        Springs-Deafy Glade: Federal and Non-Federal Lands'' and dated 
        July 17, 2008.
          (4) Non-federal land.--The term ``non-Federal land'' means 
        the 4 parcels of land comprising approximately 160 acres that 
        are generally depicted as the ``Deafy Glade Parcel'' on the 
        map.
          (5) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
    (b) Land Exchange Required.--Subject to subsections (c) through 
(f), if the County conveys to the United States such right, title, and 
interest in and to the non-Federal land that is acceptable to the 
Secretary, the Secretary shall convey to the County such right, title, 
and interest to the Federal land that the Secretary considers to be 
appropriate.
    (c) Applicable Law.--Section 206 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land 
exchange under this section.
    (d) Survey; Administrative Costs.--
          (1) In general.--The exact acreage and legal description of 
        the land to be exchanged under subsection (b) shall be 
        determined by a survey satisfactory to the Secretary.
          (2) Costs.--The costs of the survey, appraisal, and any other 
        administrative costs relating to the land exchange shall be 
        paid by the County.
    (e) Management of Acquired Land.--The non-Federal land acquired by 
the Secretary under subsection (b) shall be--
          (1) added to, and administered as part of, the Mendocino 
        National Forest; and
          (2) managed in accordance with--
                  (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                  (B) the laws (including regulations) applicable to 
                the National Forest System.
    (f) Additional Terms and Conditions.--The land exchange under 
subsection (b) shall be subject to any additional terms and conditions 
that the Secretary may require, including such terms and conditions as 
are necessary to ensure that the use of the Federal land does not 
adversely impact the use of the adjacent National Forest System land.

                                PURPOSE

    The purpose of H.R. 1043 is to provide for the exchange of 
approximately 82 acres of National Forest System land in the 
Mendocino National Forest in the State of California for 
approximately 160 acres of land owned by Solano County, 
California.

                          BACKGROUND AND NEED

    Solano County has operated the Fouts Springs Youth 
Correctional Facility (``Facility'') to house, counsel, and 
educate troubled youth from counties throughout California for 
over 50 years. The Facility is located on Mendocino National 
Forest land to the east of the San Francisco Bay Area pursuant 
to a special use permit that authorizes the Facility to use 74 
acres through 2030. The area adjacent to the Facility is a 
heavily-developed off-highway vehicle area that is managed by 
the Forest Service and receives about 76,000 recreation visits 
each year (30% of the total recreation use on the Mendocino 
National Forest; 55% of the forest's off-highway vehicle use).
    The Facility is in need of significant repairs, but Solano 
County is reluctant to continue to make capital improvements to 
the Facility when it does not own the land on which it is 
built. Based on discussions with the Forest Service, Solano 
County purchased 4 parcels of environmentally-sensitive private 
land in the Mendocino National Forest--known as the Deafy Glade 
parcels--in an effort to pursue a land exchange with the Forest 
Service.
    In June of 2006, the Forest Service prepared a Feasibility 
Analysis on a proposed Fouts Springs Land Exchange whereby 
Solano County would exchange the Deafy Glade parcels for the 
National Forest land it occupies at Fouts Springs. The analysis 
determined that ``the subject appraisals . . . demonstrate the 
potential for an equal value exchange'' and that ``the 
hazardous fuels program would benefit from the exchange.'' 
Moreover, the land the Forest Service would acquire from Solano 
County is wilderness-quality, it borders the Snow Mountain 
Wilderness Area, and it has been identified by the Forest 
Service as a priority for land acquisition for decades. 
However, the analysis ultimately concluded that the proposed 
land exchange was not in the best interest of the public or the 
Federal government because, on the one hand, the Facility could 
continue to successfully operate on Federal land under a long-
term special use permit and, on the other, conveying the 
Federal land to Solano County might result in some conflicts 
with the use of the adjacent off-highway vehicle staging area.

                          LEGISLATIVE HISTORY

    H.R. 1043 was introduced by Representative George Miller on 
February 12, 2009, and was passed by the House of 
Representatives on a voice vote on September 8, 2009. Senator 
Feinstein introduced a similar bill (S. 1571) on August 4, 
2009. The Subcommittee on Public Lands and Forests held a 
hearing on the bills on April 28, 2010.
    The Committee on Energy and Natural Resources considered 
H.R. 1043 and adopted an amendment in the nature of a 
substitute at its business meeting on June 16, 2010. The 
Committee ordered H.R. 1043, as amended, favorably reported at 
its business meeting on June 21, 2010.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass H.R. 1043, if amended 
as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of H.R. 1043, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment provides additional flexibility for the Secretary to 
carry out an equal value land exchange in a manner that 
addresses the concerns raised in the Department's testimony and 
earlier feasibility analysis, as well as those of Solano County 
and other interested stakeholders. For example, the amendment 
permits the Secretary to retain an interest in the Fouts Spring 
parcel--or to otherwise condition the exchange--to access 
adjacent National Forest land. The Secretary similarly may 
retain rights or impose conditions to ensure continued stream 
flows in Stony Creek. The amendment does not require Solano 
County to use the Fouts Springs land only for the purposes 
listed in its special use permit, but it does permit the 
Secretary to include terms and conditions that require the 
future use of the Fouts Springs land to not conflict with the 
off-highway vehicle and other uses of the adjacent National 
Forest land. The amendment is explained in detail in the 
section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title for the Act.
    Section 2(a) defines key terms used in the Act.
    Subsection (b) provides for a land exchange between the 
Secretary and Solano County, subject to the provisions in 
subsections (c) through (f).
    Subsection (c) requires the exchange to be carried out in 
accordance with section 206 of the Federal Land Policy and 
Management Act of 1976.
    Subsection (d) requires Solano County to pay for a survey, 
legal description, and other administrative costs of the land 
exchange.
    Subsection (e) provides for the management of the non-
Federal lands acquired by the United States.
    Subsection (f) requires the land exchange to be subject to 
such additional terms and conditions as the Secretary 
determines to be appropriate to protect the interests of the 
United States.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 1043--Deafy Glade Land Exchange Act

    H.R. 1043 would authorize the Secretary of Agriculture to 
exchange 82 acres of land in the Mendocino National Forest for 
160 acres owned by Solano County, California. Based on 
information from the Forest Service, CBO expects that enacting 
the legislation would increase direct spending; therefore, pay-
as-you-go procedures would apply. CBO estimates, however, that 
such effects would be negligible. Enacting the legislation 
would not affect revenues.
    Under current law, Solano County pays the Forest Service 
about $6,000 per year for the use of certain Forest Service 
lands. Under the bill, those lands would be conveyed to the 
county. Thus, CBO estimates that enacting the legislation would 
reduce offsetting receipts (a credit against direct spending) 
by about $70,000 over the 2010-2020 period. Because the law 
would require the county to pay the administrative costs 
associated with the land exchange, CBO estimates that 
implementing the bill would not have a significant impact on 
discretionary spending.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. H.R. 1043 would reduce offsetting 
receipts; therefore, pay-as-you-go procedures would apply. 
However, CBO estimates that the increase in direct spending 
would not be significant in any year and over the 2010-2020 
period.
    H.R. 1043 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Sam Papenfuss, Unit Chief for Income 
Security and Education Cost Estimates Unit, Budget Analysis 
Division.

                      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. 1043.
    The Act 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. 1043, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    H.R. 1043, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

  Statement of Faye Krueger, Acting Associate Deputy Chief, National 
        Forest System, Forest Service, Department of Agriculture

    Mr. Chairman, Ranking Member Barrasso, Members of the 
Subcommittee, I appreciate the opportunity to appear before you 
today to provide the Department of Agriculture's views on S. 
1571, regarding the exchange of certain lands in the Mendocino 
National Forest (MNF).
    The Department supports S. 1571 because it would 
consolidate four parcels (approximately 162 acres) of private 
lands, that possess national forest character, partially 
within, and immediately adjacent to, the Snow Mountain 
Wilderness area of the Grindstone Ranger District, Mendocino 
National Forest for approximately 82 acres of National Forest 
System lands that have been developed by Solano County for 
their youth facility at Fouts Springs. The National Forest 
System lands, where the Fouts Springs Youth Facility is located 
have lost their national forest character because of the 
development of classrooms, culinary facilities, dormitories, 
maintenance and administrative facilities associated with the 
youth facility.
    We respectfully suggest that S. 1571 be amended to ensure 
any necessary protection of the interests of the United States 
relating to the water rights associated with the National 
Forest parcel to be conveyed, to provide for survey of, and 
public access across, the land to be conveyed to the County, 
and to address other technical issues related to the exchange.
    The National Forest System (NFS) lands to be conveyed are 
located within the Grindstone Ranger District. Those lands were 
acquired as part of a land exchange with the Setzer Box Company 
in 1944 and are currently occupied by the Fouts Springs Youth 
Facility (FSYF) under a special use authorization. A 30-year 
special use authorization allows Solano County to operate a 162 
bed youth correctional facility. The current permit area is 
approximately 74 acres. The NFS land adjacent to the Fouts 
Springs Youth Facility is a heavily developed off-highway 
vehicle area managed by the Forest Service.
    The non-federal lands to be conveyed are also located 
within the Grindstone Ranger District of the MNF. They are 
known as the Deafy Glade parcels totaling approximately 161.7 
acres. The four parcels are adjacent to the southerly boundary 
of the Snow Mountain Wilderness Area.


                               amendments


    We would appreciate the opportunity to work with the 
Committee to address any concerns regarding the transfer of 
water rights to the County as part of the exchange. At present, 
with the water right held by the United States, there is 
adequate in-stream flow in Stony Creek. If the Fouts Spring 
Youth Facility were to convey to Solano County, we want to 
ensure that an adequate in-stream flow is maintained in Stony 
Creek.
    The NFS parcel to be conveyed has to be delineated and 
described by a Cadastral survey approved by the Bureau of Land 
Management.
    Providing for a right-of-way across the parcel conveyed to 
the county would ensure access to the surrounding national 
forest for Forest Service administration and for wildfire 
suppression.
    We also would appreciate the opportunity to work with the 
Committee on several technical aspects of the bill to require 
that the County provides acceptable title for the land it 
conveys, to refer specifically to the cash equalization 
provision in the reference to section 206 of Federal Land 
Policy Management Act, to require the County to pay appraisal 
costs, and to provide more specificity regarding the conditions 
on the use of the land after it is conveyed to the County.
    Mr. Chairman, Ranking Member Barrasso, this concludes our 
prepared testimony. Thank you for the opportunity to present 
the Administration's views on S. 1571. I would welcome any 
questions you might 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 the Act H.R. 1043, as 
ordered reported.



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