IIB

Calendar No. 889

106TH CONGRESS

2D SESSION H. R. 1680

[Report No. 106–444]

IN THE SENATE OF THE UNITED STATES

MARCH 22, 2000

Received; read twice and referred to the Committee on Energy and Natural

Resources

SEPTEMBER 29, 2000

Reported under authority of the order of the Senate of September 28 (legislative day, September 22), 2000, by Mr. MURKOWSKI, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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.

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 ‘‘Kern County Cali5 fornia Land Exchange Act of 2000’’.
2

HR 1680 RS

1 SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PAR2 CELS, KERN COUNTY, CALIFORNIA.

3 (a) EXCHANGE REQUIRED.—In exchange for the

4 non-Federal lands and the additional consideration de5 scribed in subsection (b), the Secretary of Agriculture

6 shall convey to Kern County, California, all right, title,

7 and interest of the United States in and to four parcels

8 of land under the jurisdiction of the Forest Service in

9 Kern County, as follows:

10 (1) Approximately 70 acres known as Camp

11 Owen.

12 (2) Approximately 4 acres known as Wofford

13 Heights Park.

14 (3) Approximately 4 acres known as the French

15 Gulch maintenance yard.

16 (4) Approximately 14 acres known as the

17 Kernville Fish Hatchery.

18 (b) CONSIDERATION.—

19 (1) CONVEYANCE OF NON-FEDERAL LANDS.—

20 As consideration for the conveyance of the Federal

21 lands referred to in subsection (a), Kern County

22 shall convey to the Secretary a parcel of land con23 sisting of approximately 52 acres of Greenhorn

24 Mountain Park in Kern County, California, which is

25 owned by Kern County within Sequoia National For26 est.
3

HR 1680 RS

1 (2) REPLACEMENT FACILITY.—As additional

2 consideration for the conveyance of the storage facil3 ity located at the maintenance yard referred to in

4 subsection (a)(3), Kern County shall provide a re5 placement storage facility of comparable size and

6 condition, as acceptable to the Secretary, at the

7 Greenhorn Ranger District Lake Isabella Mainte8 nance Yard property.

9 (3) CASH EQUALIZATION PAYMENT.—As addi10 tional consideration for the conveyance of the Fed11 eral lands referred to in subsection (a), Kern County

12 shall tender a cash equalization payment specified by

13 the Secretary, but not to exceed $100,000. Subject

14 to such limitation, the cash equalization payment

15 shall be based upon an appraisal performed at the

16 option of the Forest Service pursuant to section

17 206(b) of the Federal Land Policy and Management

18 Act of 1976 (43 U.S.C. 1716(b)).

19 (c) CONDITIONS ON ACCEPTANCE.—Title to the non20 Federal lands to be conveyed under this section must be

21 acceptable to the Secretary, and the conveyance shall be

22 subject to valid existing rights of record. The non-Federal

23 lands shall conform with the title approval standards ap24 plicable to Federal land acquisitions.
4

HR 1680 RS

1 (d) TIME FOR CONVEYANCE.—Subject to subsection

2 (c), the Secretary shall complete the conveyance of the

3 Federal lands under subsection (a) within 3 months after

4 Kern County tenders to the Secretary the consideration

5 required by subsection (b).

6 (e) STATUS OF ACQUIRED LANDS.—Upon approval

7 and acceptance of title by the Secretary, the non-Federal

8 lands conveyed to the United States under this section

9 shall become part of Sequoia National Forest, and the

10 boundaries of the national forest shall be adjusted to in11 clude the acquired lands. The Secretary shall manage the

12 acquired lands for recreational purposes in accordance

13 with the laws and regulations pertaining to the National

14 Forest System. For purposes of section 7 of the Land and

15 Water Conservation Fund Act of 1965 (16 U.S.C. 460l–

16 9), the boundaries of the national forest, as adjusted pur17 suant to this section, shall be considered to be the bound18 aries of the national forest as of January 1, 1965.

19 (f) RELATIONSHIP TO ENVIRONMENTAL LIABIL20 ITY.—In connection with the conveyances under this sec21 tion, the Secretary may require such additional terms and

22 conditions related to environmental liability as the Sec23 retary considers appropriate to protect the interests of the

24 United States.
5

HR 1680 RS

1 (g) LEGAL DESCRIPTIONS.—The exact acreage and

2 legal description of the real property to be exchanged

3 under this section shall be determined by a survey or sur4 veys satisfactory to the Secretary. The costs of any such

5 survey, as well as other administrative costs incurred to

6 execute the land exchange (other than costs incurred by

7 Kern County to comply with subsection (h)), shall be di8 vided equally between the Secretary and Kern County.

9 (h) TREATMENT OF EXISTING UTILITY LINES AT

10 CAMP OWEN.—Upon receipt of the Federal lands de11 scribed in subsection (a)(1), Kern County shall grant an

12 easement, and record the easement in the appropriate of13 fice, for permitted or licensed uses of those lands that are

14 unrecorded as of the date of the conveyance.

15 (i) APPLICABLE LAW.—Except as otherwise provided

16 in this section, any exchange of National Forest System

17 land under this section shall be subject to the laws (includ18 ing regulations) applicable to the conveyance and acquisi19 tion of land for the National Forest System.

20 SECTION 1. SHORT TITLE.

21 This Act may be cited as the ‘‘Kern County California

22 Land Exchange Act of 2000’’.
6

HR 1680 RS

1 SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PAR2 CELS, KERN COUNTY, CALIFORNIA.

3 (a) EXCHANGE REQUIRED.—In exchange for the non4 Federal lands and the additional consideration described in

5 subsection (b), the Secretary of Agriculture shall convey to

6 Kern County, California, all right, title, and interest of the

7 United States in and to four parcels of land under the juris8 diction of the Forest Service in Kern County, as follows:

9 (1) Approximately 70 acres known as Camp

10 Owen as depicted on the map entitled ‘‘Camp Owen’’,

11 dated June 15, 2000.

12 (2) Approximately 4 acres known as Wofford

13 Heights Park as depicted on the map entitled

14 ‘‘Wofford Heights Park’’, dated June 15, 2000.

15 (3) Approximately 4 acres known as the French

16 Gulch maintenance yard as depicted on the map enti17 tled ‘‘French Gulch Maintenance Yard’’, dated June

18 15, 2000.

19 (4) Approximately 14 acres known as the

20 Kernville Fish Hatchery as depicted on the map enti21 tled ‘‘Kernville Fish Hatchery’’, dated June 15, 2000.

22 (b) CONSIDERATION.—

23 (1) CONVEYANCE OF NON-FEDERAL LANDS.—As

24 consideration for the conveyance of the Federal lands

25 referred to in subsection (a), Kern County shall con26 vey to the Secretary a parcel of land for fair market
7

HR 1680 RS

1 value consisting of approximately 52 acres as de2 picted on the map entitled ‘‘Greenhorn Mountain

3 Park’’, located in Kern County, California, dated

4 June 18, 2000.

5 (2) REPLACEMENT FACILITY.—As additional

6 consideration for the conveyance of the storage facility

7 located at the maintenance yard referred to in sub8 section (a)(3), Kern County shall provide a replace9 ment storage facility of comparable size and condi10 tion, as acceptable to the Secretary, at the Greenhorn

11 Ranger District Lake Isabella Maintenance Yard

12 property.

13 (3) CASH EQUALIZATION PAYMENT.—As addi14 tional consideration for the conveyance of the Federal

15 lands referred to in subsection (a), Kern County shall

16 tender a cash equalization payment specified by the

17 Secretary. The cash equalization payment shall be

18 based upon an appraisal performed at the option of

19 the Forest Service pursuant to section 206(b) of the

20 Federal Land Policy and Management Act of 1976

21 (43 U.S.C. 1716(b)).

22 (c) CONDITIONS ON ACCEPTANCE.—Title to the non23 Federal lands to be conveyed under this section must be ac24 ceptable to the Secretary, and the conveyance shall be sub25 ject to valid existing rights of record. The non-Federal lands
8

HR 1680 RS

1 shall conform with the title approval standards applicable

2 to Federal land acquisitions.

3 (d) TIME FOR CONVEYANCE.—Subject to subsection (c),

4 the Secretary shall complete the conveyance of the Federal

5 lands under subsection (a) within 3 months after Kern

6 County tenders to the Secretary the consideration required

7 by subsection (b).

8 (e) STATUS OF ACQUIRED LANDS.—Upon approval

9 and acceptance of title by the Secretary, the non-Federal

10 lands conveyed to the United States under this section shall

11 become part of Sequoia National Forest, and the boundaries

12 of the national forest shall be adjusted to include the ac13 quired lands. The Secretary shall manage the acquired

14 lands for recreational purposes in accordance with the laws

15 and regulations pertaining to the National Forest System.

16 For purposes of section 7 of the Land and Water Conserva17 tion Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries

18 of the national forest, as adjusted pursuant to this section,

19 shall be considered to be the boundaries of the national for20 est as of January 1, 1965.

21 (f) RELATIONSHIP TO ENVIRONMENTAL LIABILITY.—

22 In connection with the conveyances under this section, the

23 Secretary may require such additional terms and condi24 tions related to environmental liability as the Secretary
9

HR 1680 RS

1 considers appropriate to protect the interests of the United

2 States.

3 (g) LEGAL DESCRIPTIONS.—The exact acreage and

4 legal description of the real property to be exchanged under

5 this section shall be determined by a survey or surveys satis6 factory to the Secretary. The costs of any such survey, as

7 well as other administrative costs incurred to execute the

8 land exchange (other than costs incurred by Kern County

9 to comply with subsection (h)), shall be divided equally be10 tween the Secretary and Kern County.

11 (h) TREATMENT OF EXISTING UTILITY LINES AT CAMP

12 OWEN.—Upon receipt of the Federal lands described in sub13 section (a)(1), Kern County shall grant an easement, and

14 record the easement in the appropriate office, for permitted

15 or licensed uses of those lands that are unrecorded as of

16 the date of the conveyance.

17 (i) APPLICABLE LAW.—Except as otherwise provided

18 in this section, any exchange of National Forest System

19 land under this section shall be subject to the laws (includ20 ing regulations) applicable to the conveyance and acquisi21 tion of land for the National Forest System.

Passed the House of Representatives March 21,

2000.

Attest: JEFF TRANDAHL,

Clerk.
Calendar No. 889

106TH CONGRESS

2D SESSION H. R. 1680

[Report No. 106–444]

AN ACT

To provide for the conveyance of Forest Service

property in Kern County, California, in exchangefor county lands suitable for inclusion in SequoiaNational Forest.

SEPTEMBER 29, 2000

Reported under authority of the order of the Senate of

September 28 (legislative day, September 22), 2000with an amendment