I 

111TH CONGRESS 

1ST SESSION H. R. 130 

To provide for an exchange of lands between the Secretary of Agriculture 

and the United Water Conservation District of California to eliminate 

certain private inholdings in the Los Padres National Forest, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. GALLEGLY introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To provide for an exchange of lands between the Secretary 

of Agriculture and the United Water Conservation District of California to eliminate certain private inholdings 

in the Los Padres National Forest, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Los Padres National 

5 Forest Land Exchange Act’’. 


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1 SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, 

2 CALIFORNIA. 

3 (a) LAND EXCHANGE.—In exchange for all right, 

4 title, and interest of the United Water Conservation Dis5 trict of California (in this section referred to as the ‘‘Dis6 trict’’) in and to the lands described in subsection (b), the 

7 Secretary of Agriculture may convey to the District all 

8 right, title, and interest of the United States in and to 

9 the National Forest System lands described in subsection 

10 (c). The conveyance of National Forest System lands 

11 under this section shall be subject to valid existing rights 

12 and to such terms, conditions, and reservations as may 

13 be required by this section or considered necessary by the 

14 Secretary. 

15 (b) LANDS TO BE CONVEYED BY DISTRICT.—The 

16 lands to be conveyed by the District under subsection (a) 

17 consist of approximately 340 acres located within township 

18 5 north, range 18 west, San Bernardino base and merid19 ian and are more fully described as follows: 

20 (1) ‘‘Tract A’’—SE1/4NE1/4 of section 16 (ap21 proximately 40 acres). 

22 (2) ‘‘Tract B’’—NE1/4SE1/4 of section 16 (ap23 proximately 40 acres). 

24 (3) ‘‘Tract C’’—S1/2SE1/4 of section 16 (ap25 proximately 80 acres). 


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1 (4) ‘‘Tract D’’—NE1/4 of section 21 (approxi2 mately 160 acres). 

3 (5) ‘‘Tract E’’—N1/2SW1/4SW1/4 of section 

4 15 (approximately 20 acres). 

5 (c) LANDS TO BE CONVEYED BY SECRETARY.—The 

6 National Forest System lands to be conveyed by the Sec7 retary under subsection (a) consist of approximately 440 

8 acres located within township 5 north, range 18 west, San 

9 Bernardino base and meridian and are more fully de10 scribed as follows: 

11 (1) ‘‘Tract 1’’—E1/2SW1/4 of section 10 (ap12 proximately 80 acres). 

13 (2) ‘‘Tract 2’’—NE1/4NW1/4 of section 15 

14 (approximately 40 acres). 

15 (3) ‘‘Tract 3’’—S1/2SW1/4SW1/4SE1/4 of sec16 tion 15 (approximately 5 acres). 

17 (4) ‘‘Tract 4’’—N1/2S1/2S1/2SE1/4 of section 

18 15 (approximately 20 acres). 

19 (5) ‘‘Tract 5’’—S1/2N1/2SW1/4SE1/4 of sec20 tion 15 (approximately 10 acres). 

21 (6) ‘‘Tract 6’’—N1/2NW1/4SW1/4SE1/4 of 

22 section 15 (approximately 5 acres). 

23 (7) ‘‘Tract 7’’—SW1/4SE1/4 of section 15 (ap24 proximately 2.5 acres). 


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1 (8) ‘‘Tract 8’’—S1/2NW1/4SE1/4SE1/4 of sec2 tion 15 (approximately 5 acres). 

3 (9) ‘‘Tract 9’’—SW1/4NE1/4SE1/4SE1/4 of 

4 section 15 (approximately 2.5 acres). 

5 (10) ‘‘Tract 10’’—W1/2W1/2NW1/4SE1/4 of 

6 section 15 (approximately 10 acres). 

7 (11) ‘‘Tract 11’’—SE1/4SW1/4NW1/4SE1/4 of 

8 section 15 (approximately 2.5 acres). 

9 (12) ‘‘Tract 12’’—SW1/4SE1/4NW1/4SE1/4 of 

10 section 15 (approximately 2.5 acres). 

11 (13) ‘‘Tract 13’’—W1/2W1/2SW1/4NE1/4 of 

12 section 15 (approximately 10 acres). 

13 (14) ‘‘Tract 14’’—SW1/4SW1/4NE1/4 of sec14 tion 22 (approximately 10 acres). 

15 (15) ‘‘Tract 15’’—NW1/4NW1/4NW1/4NE1/4 

16 of section 22 (approximately 2.5 acres). 

17 (16) ‘‘Tract 16’’—SW1/4NW1/4SW1/4NE1/4 

18 of section 22 (approximately 2.5 acres). 

19 (17) ‘‘Tract 17’’—W1/2NW1/4SE1/4 of section 

20 22 (approximately 20 acres). 

21 (18) ‘‘Tract 18’’—SW1/4SE1/4 of section 22 

22 (approximately 40 acres). 

23 (19) ‘‘Tract 19’’—E1/2SW1/4 of section 22 

24 (approximately 80 acres). 


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1 (20) ‘‘Tract 20’’—N1/2NW1/4SW1/4 of section 

2 22 (approximately 20 acres). 

3 (21) ‘‘Tract 21’’—W1/2NE1/4 of section 27 

4 (approximately 60 acres). 

5 (22) ‘‘Tract 22’’—NE1/4SW1/4NW1/4 of sec6 tion 27 (approximately 10 acres). 

7 (d) IMPLEMENTATION OF LAND EXCHANGE.— 

8 (1) MAPS; PUBLIC AVAILABILITY.—The lands to 

9 be exchanged under this section are depicted on 

10 maps entitled ‘‘Los Padres National Forest Land 

11 Exchange’’ and dated June 1, 2005. The maps shall 

12 be on file and available for public inspection in ap13 propriate offices of the Forest Service until comple14 tion of the land exchange. The Secretary may also 

15 correct errors in the maps or the accompanying legal 

16 descriptions. 

17 (2) MODIFICATION OF STATUTORY TERMS OF

18 EXCHANGE.—By mutual agreement to facilitate the 

19 land exchange under this section, the Secretary and 

20 the District may reduce the number of tracts of land 

21 involved in the land exchange or adjust the legal de22 scriptions specified in subsections (b) and (c) and 

23 the boundaries depicted on the maps referred to in 

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1 plying with the National Environmental Policy Act 

2 of 1969 (42 U.S.C. 4331 et seq.). 

3 (3) PRIORITY FOR COMPLETION.—The Sec4 retary shall order completion of the land exchange 

5 under this section to be a priority for the Forest 

6 Service, which shall endeavor to complete the land 

7 exchange within one year after the date of the enact8 ment of this Act. 

9 (4) ADMINISTRATIVE COSTS.—The costs of con10 ducting the land exchange under this section shall be 

11 shared equally by the District and the Secretary. 

12 The costs to be shared include expenditures incurred 

13 for survey, mapping, appraisals, closing costs, re14 cording fees, and similar expenditures, but do not 

15 include staff salaries, administrative overhead, attor16 ney fees, the cost of construction required by sub17 section (e)(2), or the costs to cure any title defects. 

18 (5) TITLE STANDARDS.—The Secretary shall 

19 require that title to the District lands to be acquired 

20 by the Secretary under this section is in conformity 

21 with the title standards of the Attorney General. 

22 (e) EASEMENTS AND ACCESS.— 

23 (1) RESERVATION.—In the conveyance of the 

24 National Forest System lands under this section, the 

25 Secretary shall reserve easements for all roads and 


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1 trails that the Secretary considers to be necessary or 

2 desirable to provide for administrative purposes and 

3 to ensure public access to National Forest System 

4 lands. In particular, the Secretary shall reserve per5 petual unrestricted rights of pedestrian and eques6 trian access over all existing roads and trails. 

7 (2) CONSTRUCTION OF PARKING LOT.—As a 

8 condition on the receipt of National Forest System 

9 lands under this section, the District shall agree to 

10 construct a gravel parking area upon District lands 

11 to provide access to the Potholes trail of the Los Pa12 dres National Forest. The site design for the park13 ing area shall be subject to the approval by the Sec14 retary. The District may reasonably regulate vehic15 ular access to the parking area in accordance with 

16 rules and regulations promulgated in accordance 

17 with applicable law. 

18 (f) PARTIAL REVOCATION OF WITHDRAWALS.—The 

19 public lands withdrawals provided by the Act of May 29, 

20 1928 (Chapter 868; 45 Stat. 956), Power Site Classifica21 tion No. 414–USGS, June 22, 1951, FERC Power 

22 Project No. 2153, January 15, 1957, and Forest Service 

23 Land Order No. 3338, February 28, 1964, are hereby re24 voked insofar as they effect the National Forest System 

25 lands conveyed under this section. 


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1 (g) WATER RIGHTS.—The land exchange under this 

2 section does not include any water rights owned by the 

3 District or the United States. 

4 (h) CASH EQUALIZATION.— 

5 (1) EQUAL VALUE EXCHANGE.—Subject to 

6 paragraph (2), the land exchange under this section 

7 shall be conducted on an equal value basis, as deter8 mined by the appraisal done in conformity with the 

9 Uniform Appraisal Standards for Federal Lands 

10 Standards for Acquisition and Forest Service ap11 praisal instructions. 

12 (2) LIMITS WAIVED.—The values of the lands 

13 to be exchanged under this section may be equalized 

14 through the payment of a cash equalization payment 

15 in an amount in excess of the statutory limit speci16 fied in section 206 of the Federal Land Policy and 

17 Management Act of 1976 (43 U.S.C. 1716). 

18 (3) DISPOSITION AND USE OF FUNDS.—Any 

19 cash equalization payment received by the Secretary 

20 under this section shall be deposited into the fund 

21 established by Public Law 90–171 (commonly known 

22 as the Sisk Act; 16 U.S.C. 484a). The payment shall 

23 be available to the Secretary for expenditure, with24 out further appropriation and until expended, for 

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1 ministrative or recreational facilities for the Los Pa2 dres National Forest in Ventura County, Santa Bar3 bara County, and San Luis Obispo County, Cali4 fornia, or for the acquisition of land or interests in 

5 land in such counties. 

6 (i) EFFECT OF EXCHANGE; MANAGEMENT OF AC7 QUIRED LANDS.—For purposes of section 7 of the Land 

8 and Water Conservation Fund Act of 1965 (16 U.S.C. 

9 460l–9), the boundaries of the Los Padres National For10 est, as adjusted as a result of the land exchange under 

11 this section, shall be considered to be the boundaries of 

12 that national forest as of January 1, 1965. The District 

13 lands acquired by the Secretary under this section shall 

14 be added to and administered as part of the Los Padres 

15 National Forest in accordance with the laws and regula16 tions applicable to that national forest. 

Æ 


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