79–006 

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 


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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 ownerVerDate Aug 31 2005 07:57 Mar 03, 2006 Jkt 079008 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\VAL\HR510.106 HR510

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ship. 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 


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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: 


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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. 


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CHANGES IN EXISTING LAW

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

Æ 


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