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 (legisla-
tive 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Kern County Cali-
fornia Land Exchange Act of 2000’’.
HR 1680 RS
SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PAR-
CELS, KERN COUNTY, CALIFORNIA.
(a) EXCHANGE REQUIRED.—In exchange for the
non-Federal lands and the additional consideration de-
scribed 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
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 con-
sisting of approximately 52 acres of Greenhorn
Mountain Park in Kern County, California, which is
owned by Kern County within Sequoia National For-
est.
HR 1680 RS
(2) REPLACEMENT
FACILITY.—As additional
consideration for the conveyance of the storage facil-
ity located at the maintenance yard referred to in
subsection (a)(3), Kern County shall provide a re-
placement storage facility of comparable size and
condition, as acceptable to the Secretary, at the
Greenhorn Ranger District Lake Isabella Mainte-
nance Yard property.
(3) CASH EQUALIZATION PAYMENT.—As addi-
tional consideration for the conveyance of the Fed-
eral 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 ap-
plicable to Federal land acquisitions.
HR 1680 RS
(d) TIME FOR CONVEYANCE.—Subject to subsection
(c), the Secretary shall complete the conveyance of the
Federal lands under subsection (a) within 3 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 in-
clude 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 pur-
suant to this section, shall be considered to be the bound-
aries of the national forest as of January 1, 1965.
(f)
RELATIONSHIP
TO
ENVIRONMENTAL
LIABIL-
ITY.—In connection with the conveyances under this sec-
tion, the Secretary may require such additional terms and
conditions related to environmental liability as the Sec-
retary considers appropriate to protect the interests of the
United States.
HR 1680 RS
(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 sur-
veys 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 di-
vided equally between the Secretary and Kern County.
(h) TREATMENT OF EXISTING UTILITY LINES AT
CAMP OWEN.—Upon receipt of the Federal lands de-
scribed in subsection (a)(1), Kern County shall grant an
easement, and record the easement in the appropriate of-
fice, 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 (includ-
ing regulations) applicable to the conveyance and acquisi-
tion of land for the National Forest System.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Kern County California
Land Exchange Act of 2000’’.
HR 1680 RS
SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PAR-
CELS, 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 juris-
diction of the Forest Service in Kern County, as follows:
(1) Approximately 70 acres known as Camp
Owen as depicted on the map entitled ‘‘Camp Owen’’,
dated June 15, 2000.
(2) Approximately 4 acres known as Wofford
Heights Park as depicted on the map entitled
‘‘Wofford Heights Park’’, dated June 15, 2000.
(3) Approximately 4 acres known as the French
Gulch maintenance yard as depicted on the map enti-
tled ‘‘French Gulch Maintenance Yard’’, dated June
15, 2000.
(4) Approximately 14 acres known as the
Kernville Fish Hatchery as depicted on the map enti-
tled ‘‘Kernville Fish Hatchery’’, dated June 15, 2000.
(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 con-
vey to the Secretary a parcel of land for fair market
HR 1680 RS
value consisting of approximately 52 acres as de-
picted on the map entitled ‘‘Greenhorn Mountain
Park’’, located in Kern County, California, dated
June 18, 2000.
(2) REPLACEMENT
FACILITY.—As additional
consideration for the conveyance of the storage facility
located at the maintenance yard referred to in sub-
section (a)(3), Kern County shall provide a replace-
ment storage facility of comparable size and condi-
tion, as acceptable to the Secretary, at the Greenhorn
Ranger District Lake Isabella Maintenance Yard
property.
(3) CASH
EQUALIZATION
PAYMENT.—As addi-
tional 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. 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 ac-
ceptable to the Secretary, and the conveyance shall be sub-
ject to valid existing rights of record. The non-Federal lands
HR 1680 RS
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 3 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 ac-
quired 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 Conserva-
tion Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries
of the national forest, as adjusted pursuant to this section,
shall be considered to be the boundaries of the national for-
est 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 condi-
tions related to environmental liability as the Secretary
HR 1680 RS
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 satis-
factory 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 be-
tween the Secretary and Kern County.
(h) TREATMENT OF EXISTING UTILITY LINES AT CAMP
OWEN.—Upon receipt of the Federal lands described in sub-
section (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 (includ-
ing regulations) applicable to the conveyance and acquisi-
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 exchange
for county lands suitable for inclusion in Sequoia
National Forest.
SEPTEMBER 29, 2000
Reported under authority of the order of the Senate of
September 28 (legislative day, September 22), 2000
with an amendment