[House Report 113-615]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-615

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                TRINITY COUNTY LAND EXCHANGE ACT OF 2014

                                _______
                                

 November 12, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3326]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3326) to provide for an exchange of land between 
the United States and the Trinity Public Utilities District of 
Trinity County, California, involving a parcel of National 
Forest System land in Shasta-Trinity 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 all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Trinity County Land Exchange Act of 
2014''.

SEC. 2. LAND EXCHANGE, TRINITY PUBLIC UTILITIES DISTRICT, TRINITY 
                    COUNTY, CALIFORNIA, THE BUREAU OF LAND MANAGEMENT, 
                    AND THE FOREST SERVICE.

  (a) Land Exchange Required.--If not later than three years after 
enactment of this Act, the Utilities District conveys to the Secretary 
of the Interior all right, title, and interest of the Utilities 
District in and to Parcel A, subject to such terms and conditions as 
the Secretary of the Interior may require, the Secretary of Agriculture 
shall convey Parcel B to the Utilities District, subject to such terms 
and conditions as the Secretary of Agriculture may require, including 
the reservation of easements for all roads and trails considered to be 
necessary for administrative purposes and to ensure public access to 
National Forest System lands.
  (b) Availability of Maps and Legal Descriptions.--Maps are entitled 
``Trinity County Land Exchange Act of 2014 - Parcel A'' and ``Trinity 
County Land Exchange Act of 2014 - Parcel B'', both dated March 24, 
2014. The maps shall be on file and available for public inspection in 
the Office of the Chief of the Forest Service and the appropriate 
office of the Bureau of Land Management. With the agreement of the 
parties to the conveyances under subsection (a), the Secretary of the 
Interior and the Secretary of Agriculture may make technical 
corrections to the maps and legal descriptions.
  (c) Equal Value Exchange.--
          (1) Land exchange process.--The land exchange under this 
        section shall be an equal value exchange. Except as provided in 
        paragraph (3), the Secretary of the Interior and the Secretary 
        of Agriculture shall carry out the land exchange in accordance 
        with section 206 of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1716).
          (2) Appraisal of parcels.--The values of Parcel A and Parcel 
        B shall by determined by appraisals performed by a qualified 
        appraiser mutually agreed to by the parties to the conveyances 
        under subsection (a). The appraisals shall be approved by the 
        Secretary of Interior and the Secretary of Agriculture and 
        conducted in conformity with the Uniform Appraisal Standards 
        for Federal Land.
          (3) Cash equalization.--If the values of Parcel A and Parcel 
        B are not equal, the values may be equalized through the use of 
        a cash equalization payment, however, if the final appraised 
        value of Parcel A exceeds the value of Parcel B, the surplus 
        value of Parcel A shall be considered to be a donation by the 
        Utilities District. Notwithstanding section 206(b) of the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1716(b)), a cash equalization payment may be made in excess of 
        25 percent of the appraised value of the Parcel B.
  (d) Disposition of Proceeds.--Any cash equalization payment received 
by the United States under subsection (c) shall be deposited in the 
general fund of the Treasury to be used for deficit reduction.
  (e) Survey.--The exact acreage and legal description of Parcel A and 
Parcel B shall be determined by a survey satisfactory to the Secretary 
of the Interior and the Secretary of Agriculture.
  (f) Costs.--As a condition of the land exchange under subsection (a), 
the Utilities District shall pay the costs associated with--
          (1) the surveys described in subsection (e);
          (2) the appraisals described in subsection (c)(2); and
          (3) any other reasonable administrative or remediation cost 
        determined by the Secretary of Agriculture.
  (g) Management of Acquired Land.--Upon the acquisition of Parcel A, 
the Secretary of the Interior, acting through the Redding Field Office 
of the Bureau of Land Management, shall administer Parcel A as public 
land in accordance with the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1701 et seq.) and the laws and regulations applicable 
to public land administered by the Bureau of Land Management, except 
that public recreation and public access to and for recreation shall be 
the highest and best use of Parcel A.
  (h) Completion of Land Exchange.--Once the Utilities District offers 
to convey Parcel A to the Secretary of the Interior, the Secretary of 
Agriculture shall complete the conveyance of Parcel B not later than 
one year after the date of enactment of this Act.
  (i) Definitions.--For the purposes of this section:
          (1) Parcel A.--The term ``Parcel A'' means the approximately 
        47 acres of land, known as the ``Sky Ranch parcel'', adjacent 
        to public land administered by the Redding Field Office of the 
        Bureau of Land Management as depicted on the map entitled 
        ``Trinity County Land Exchange Act of 2014 - Parcel A'', dated 
        March 24, 2014, more particularly described as a portion of 
        Mineral Survey 178, south Highway 299, generally located in the 
        S1/2 of the S1/2 of Section 7 and the N1/2 of the N1/2 of 
        Section 8, Township 33 North, Range 10 West, Mount Diablo 
        Meridian.
          (2) Parcel B.--The term ``Parcel B'' means the approximately 
        100 acres land in the Shasta-Trinity National Forest in the 
        State of California near the Weaverville Airport in Trinity 
        County as depicted on the map entitled ``Trinity County Land 
        Exchange Act of 2014 - Parcel B'' dated March 24, 2014, more 
        particularly described as Lot 8, SW1/4 SE1/4, and S1/2 N1/2 SE, 
        Section 31, Township 34 North, Range 9 West, Mount Diablo 
        Meridian.
          (3) Utilities district.--The term ``Utilities District'' 
        means the Trinity Public Utilities District of Trinity County, 
        California.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3326 is to provide for an exchange of 
land between the United States and the Trinity Public Utilities 
District of Trinity County, California, involving a parcel of 
National Forest System land in Shasta-Trinity National Forest.

                  BACKGROUND AND NEED FOR LEGISLATION

    Trinity Public Utilities District (TPUD) owns 47 acres 
adjacent to the Trinity River known as the ``Sky Ranch'' parcel 
that was identified for acquisition by the Bureau of Land 
Management (BLM) in the Redding Resource Management Plan. In 
2010, TPUD proposed a land exchange that would have given the 
Sky Ranch parcel to BLM and a different parcel not affected by 
this legislation to the U.S. Forest Service (USFS) in exchange 
for a 100-acre parcel near Weaverville's airport that is owned 
by the USFS.
    TPUD's acquisition of the 100-acre parcel would facilitate 
access to another 77-acre parcel that TPUD already owns. This 
consolidated parcel would have access to State Highway 3 and 
offer desperately needed land in the Weaverville area that TPUD 
will make available for commercial, residential and industrial 
development. Currently, less than 15 acres of land in the 
entire Weaverville Basin is available for commercial/industrial 
development.
    In the 112th Congress, Congressman Wally Herger (R-CA) 
introduced legislation (H.R. 1237) that provided for this three 
party land exchange between TPUD, BLM, and USFS. The House of 
Representatives passed H.R. 1237 in July 2012, but the 
legislation was not considered in the Senate during that 
Congress.
    H.R. 3326 provides for a land exchange in Trinity County, 
California, that would convey the 100-acre parcel owned by USFS 
for a 47-acre parcel owned by TPUD. Specifically, in exchange 
for the 100 acres, TPUD would convey the 47-acre Sky Ranch to 
BLM.

                            COMMITTEE ACTION

    H.R. 3326 was introduced on October 23, 2013, by 
Congressman Jared Huffman (D-CA). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Public Lands and Environmental Regulation. On 
September 9, 2014, the Subcommittee held a hearing on the bill. 
On September 18, 2014, the Full Natural Resources Committee met 
to consider the bill. The Subcommittee on Public Lands and 
Environmental Regulation was discharged by unanimous consent. 
Congressman Doug LaMalfa (R-CA) offered an amendment designated 
.038 to the bill; the amendment was adopted by unanimous 
consent. The bill, as amended, was then adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent.

            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 Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:

H.R. 3326--Trinity County Land Exchange Act of 2014

    H.R. 3326 would require the Secretary of Agriculture to 
exchange 100 acres of federal land in California for 50 acres 
of land owned by the Trinity Public Utilities District 
(Utilities District). Based on information provided by the 
Forest Service, CBO estimates that implementing the legislation 
would increase offsetting receipts, which are treated as 
reductions in direct spending; therefore, pay-as-you-go 
procedures apply. However, we estimate that any increase in 
receipts under the bill would not be significant. Enacting H.R. 
3326 would not affect revenues.
    Under the bill, if the value of the federal lands that 
would be conveyed exceeds the value of the lands the Forest 
Service would receive, the Secretary could accept a cash 
payment of any size to equalize the values of the properties. 
Under current law, the Secretary can only exchange federal 
lands within a national forest for nonfederal lands located 
within that forest and cannot accept a cash equalization 
payment greater than 25 percent of the value of the federal 
lands exchanged.
    Formal appraisals of the properties that are the subject of 
this legislation have not been completed. Based on information 
provided by the Forest Service, CBO estimates that the affected 
lands have similar values (roughly $3,000 per acre); however, 
because the Forest Service would convey twice as much acreage 
as it would receive under the bill, we estimate that the 
Utilities District would pay the Forest Service about $150,000 
in 2015. Those amounts would be deposited in the U.S. Treasury 
as offsetting receipts. In addition, under the bill, the 
Utilities District would be responsible for any administrative 
costs associated with the conveyance.
    H.R. 3326 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the Trinity Public Utilities District in 
California. Any costs to the district resulting from the land 
exchange would be incurred voluntary.
    The CBO staff contact for this estimate is Jeff LaFave. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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 revenues or tax expenditures. Based on 
information provided by the Forest Service, CBO estimates that 
implementing the legislation would increase offsetting 
receipts, which are treated as reductions in direct spending by 
$150,000 in 2015.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for an exchange of land 
between the United States and the Trinity Public Utilities 
District of Trinity County, California, involving a parcel of 
National Forest System land in Shasta-Trinity National Forest.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.
                            APPENDIX I: MAPS