IIA

103D CONGRESS

1ST SESSION H. R. 2620

IN THE SENATE OF THE UNITED STATES

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Received

NOVEMBER 17 (legislative day, NOVEMBER 2), 1993

Read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To authorize the Secretary of the Interior to acquire certain

lands in California through an exchange pursuant to

the Federal Land Policy and Management Act of 1976,

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. FINDINGS AND PURPOSE.

4 (a) FINDINGS.—The Congress finds—

5 (1) the Bureau of Land Management desires to

6 obtain the lands described in section 3(a) for pur7 poses of an access and staging area being planned

8 in cooperation with the National Park Service;
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1 (2) the lands described in section 3(b) con2 stitute an isolated tract acquired by the United

3 States in 1936 for purposes of a Forest Service fire

4 lookout, but such lands are no longer needed for

5 that or any other National Forest purpose, and all

6 improvements have been removed from such lands;

7 (3) the lands described in section 3(b) are en8 tirely surrounded by private lands owned by a family

9 one of whose members also owns the lands described

10 in section 3(a); and

11 (4)(A) the owners of the land described in sec12 tion 3(a) are willing to transfer those lands to the

13 United States in exchange for the lands described in

14 section 3(b); but

15 (B) under existing law, such an exchange can16 not be accomplished administratively.

17 (b) PURPOSE.—The purpose of this Act is to author18 ize the Secretary of the Interior to acquire the lands de19 scribed in section 3(a) through an equal-value exchange

20 for the lands described in section 3(b).

21 SEC. 2. AUTHORIZATION FOR EXCHANGE.

22 Solely for purpose of acquisition by the Secretary of

23 the Interior (on behalf of the United States) of the lands

24 described in section 3(a) through an equal-value exchange

25 pursuant to section 206 of the Federal Land Policy and
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1 Management Act of 1976 (43 U.S.C. 1716), the lands de2 scribed in section 3(b) shall, for the 36-month period be3 ginning on the date of enactment of this Act, be deemed

4 to be public lands, as defined in section 103(e) of such

5 Act (43 U.S.C. 1702(e)).

6 SEC. 3. LAND DESCRIPTIONS.

7 (a) OHV AREA TRACT.—The lands whose acquisition

8 through exchange is specifically authorized by this Act are

described as follows: S1⁄2SW1 9 ⁄4 of section 26, township 33

10 north, range 7 west, Mount Diablo Base and Meridian,

11 Shasta County, California, comprised of 80 acres, more

12 or less.

13 (b) DELTA POINT LOOKOUT TRACT.—The lands

14 which under this Act are deemed to be public lands for

15 purposes of exchange is a parcel described as follows:

16 Mount Diablo Meridian, township 36 north, range 5 west,

section 23, SW1⁄4NW1⁄4SE1⁄4, NW1⁄4SW1⁄4SE1 17 ⁄4,

SE1⁄4NE1⁄4SW1⁄4, NE1⁄4SE1⁄4SW1 18 ⁄4, comprised of 40

19 acres, more or less.

20 SEC. 4. ACQUISITION.

21 Section 104 of the Everglades National Park Protec22 tion and Expansion Act of 1989 (16 U.S.C. 410r–8) is

23 amended by adding at the end the following new sub24 section:
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1 ‘‘(k)(1) Notwithstanding any other provision of this

2 Act, the Secretary is authorized to use funds appropriated

3 pursuant to this Act, including any available funds appro4 priated to the National Park Service for construction in

5 the Department of the Interior and Related Agencies Ap6 propriations Acts for fiscal years 1991 through 1994 for

7 project modifications by the Army Corps of Engineers, in

8 such amounts as determined by the Secretary, to provide

9 Federal assistance to the State of Florida (including polit10 ical subdivisions of the State) for acquisition of lands de11 scribed in paragraph (4).

12 ‘‘(2) With respect to any lands acquired pursuant to

13 this subsection, the Secretary may provide not more than

14 25 percent of the total cost of such acquisition.

15 ‘‘(3) All funds made available pursuant to this sub16 section shall be transferred to the State of Florida or a

17 political subdivision of the State, subject to an agreement

18 that any lands acquired with such funds will be managed

19 in perpetuity for the restoration of natural flows to the

20 park or Florida Bay.

21 ‘‘(4) The lands referred to in paragraph (1) are those

22 lands or interests therein adjacent to, or affecting the res23 toration of natural water flows to, the park or Florida Bay

24 which are located east of the park and known as the Frog
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1 Pond, Rocky Glades Agricultural Area, and the Eight-and2 One-Half Square-Mile Area.’’.

Passed the House of Representatives November 15,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.