I 
111TH CONGRESS 
1ST SESSION H. R. 4332 
To provide to the Secretary of Interior a mechanism to cancel contracts 
for the sale of materials CA–20139 and CA–22901, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2009 
Mr. MCKEON introduced the following bill; which was referred to the Com-
mittee on Natural Resources, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To provide to the Secretary of Interior a mechanism to 
cancel contracts for the sale of materials CA–20139 and 
CA–22901, and for other purposes. 
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 ‘‘Soledad Canyon High 
Desert, California Public Lands Conservation and Man-
agement Act of 2009’’. 
SEC. 2. FINDING AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
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(1) SOLEDAD CANYON AREA.— 
(A) Two valid Federal contracts, privately 
held, numbered CA–20139 and CA–22901, and 
issued under the Materials Act of 1947, author-
ize extraction of approximately 56,000,000 tons 
of sand and gravel from the Federal mineral es-
tate in lands located in Soledad Canyon adja-
cent to the City of Santa Clarita, California. 
(B) It is in the best interest of the citizens 
of California and the Federal Government to 
cancel the Contracts and prohibit future mining 
in the area that was subject to the two Federal 
Contracts in the Soledad Canyon area of Cali-
fornia. 
(C) The holder of the Contracts should re-
ceive, as compensation for such cancellation, the 
fair market value of the Contracts and all costs, 
fees, and covered liabilities incurred by the Con-
tract Holder in good faith in its efforts to de-
velop the Contracts. 
(D) A site-specific solution that is fair to 
the Contract Holder and that seeks to protect 
the environment and minimize impacts on local 
transportation systems is in the best interest of 
the Nation. 
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(E) Considerable sums of money have been 
expended by the Contract Holder and the City 
of Santa Clarita on legal and other services in 
trying to ensure their interests are protected 
with respect to the Contracts CA–20139 and 
CA–22901. 
(F) Facilitation of an open-space corridor 
between the two arms of the Angeles National 
Forest that enhances environmental and wildlife 
values is in the national interest. 
(2) VICTORVILLE AREA.— 
(A) The Bureau of Land Management has 
extensive land ownership in small and large 
parcels interspersed with or adjacent to private 
land in and around Victorville, California, mak-
ing many of these parcels difficult to manage 
and appropriate for disposal. 
(B) Certain public lands near Victorville, 
California, have been previously identified for 
disposal as a result of the Bureau of Land 
Management’s West Mojave Land Management 
Plan which was approved in 2006 with public 
involvement and participation. 
(C) In order to promote responsible and 
orderly economic development, certain public 
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lands should be sold at fair market value to the 
City of Victorville or the County of San 
Bernardino; both located in California. 
(b) PURPOSES.—The purposes of this Act are the fol-
lowing: 
(1) To provide to the Bureau of Land Manage-
ment the authority to cancel Contracts CA–20139 
and CA–22901 and prohibit future mining in the 
area that was subject to the two Federal Contracts 
in the Soledad Canyon area of California. 
(2) To provide a means for the Contract Holder 
to recover for the cancellation of the Contracts, the 
fair market value of the Contracts and the Contract 
Holder’s expenditures and covered liabilities incurred 
pursuing the development of the Contracts. 
(3) To provide the Bureau of Land Manage-
ment tools to verify expenses incurred by the Con-
tract Holder and provide relief. 
(4) To provide timelines for the verification of 
costs incurred by the Contract Holder and the deter-
mination of compensation and to provide a dispute 
resolution process. 
(5) To provide for the orderly disposal of cer-
tain Federal lands in San Bernardino County, Cali-
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fornia, and to provide for the acquisition of environ-
mentally sensitive lands in the State of California. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CITY OF SANTA CLARITA.—The term ‘‘City 
of Santa Clarita’’ means the City of Santa Clarita, 
California. 
(2) CITY OF VICTORVILLE.—The term ‘‘City of 
Victorville’’ means the City of Victorville, California. 
(3) COUNTY OF SAN BERNARDINO.—The term 
‘‘County of San Bernardino’’ means the County of 
San Bernardino, California. 
(4) CONTRACTS.—The term ‘‘Contracts’’ means 
the Bureau of Land Management mineral contracts 
numbered CA–20139 and CA–22901. 
(5) CONTRACT HOLDER.—The term ‘‘Contract 
Holder’’ means the private party to the Contracts 
CA–20139 and CA–22901, and its successors that 
hold legal interests in such Contracts. 
(6) COVERED LIABILITIES.—The term ‘‘covered 
liabilities’’ includes any court-ordered or court-ap-
proved payment, settlement, or other liability on the 
part of the Contract Holder for damages, costs, 
compensation, or reimbursement to any third party 
for agreements entered into by the Contract Holder 
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in good faith prior to January 1, 2008, in order to 
exercise rights under the Contracts. 
(7) ENVIRONMENTALLY SENSITIVE LAND.—The 
term ‘‘environmentally sensitive land’’ means land or 
an interest in land, the acquisition of which by the 
United States would, in the judgment of the Sec-
retary or the Secretary of Agriculture— 
(A) promote the preservation of natural, 
scientific, aesthetic, historical, cultural, water-
shed, wildlife, and other values contributing to 
public enjoyment and biological diversity; 
(B) enhance recreational opportunities and 
public access; 
(C) provide the opportunity to achieve bet-
ter management of public land through consoli-
dation of Federal ownership; or 
(D) otherwise serve the public interest. 
(8) MATERIALS ACT OF 1947.—The term ‘‘Ma-
terials Act of 1947’’ means the Act of July 31, 1947 
(chapter 406; 61 Stat. 681; 30 U.S.C. 601–604). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(10) SPECIAL ACCOUNT.—The term ‘‘special ac-
count’’ means the account in the Treasury of the 
United States established under subsection 5(i). 
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SEC. 4. CANCELLATION OF THE CONTRACTS; COMPENSA-
TION TO CONTRACT HOLDER. 
(a) CONTRACT
CANCELLATIONS.—The Secretary 
shall cancel Bureau of Land Management mineral Con-
tracts CA–20139 and CA–22901 and withdraw those 
areas that were subject to the Contracts from further min-
eral entry under all mineral leasing and sales authorities 
available to the Secretary, effective on the date of the en-
actment of this Act. 
(b) COMPENSATION.—As compensation for the can-
cellation of the Contracts, the Contract Holder shall re-
ceive the following amounts, whether determined by 
agreed negotiated value or awarded by judgment of the 
United States Court of Federal Claims in accordance with 
the referral provisions of subsection (g)— 
(1) the fair market value of the cancelled Con-
tracts, determined in accordance with subsection (e); 
(2) the Contract Holder’s expenditures in trying 
to bring the Contracts into commercial production, 
as described in subsection (f); 
(3) interest on the compensation provided for in 
paragraphs (1), (2), and (4) from the date of the en-
actment of this Act until the last day of the month 
preceding the date on which payment is made, com-
pounded quarterly and computed at the rate applica-
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ble to marketable obligations of the United States of 
three year maturity for the period involved; and 
(4) covered liabilities incurred in trying to bring 
the Contracts into commercial production, as de-
scribed in subsection (f); provided, however, that 
compensation for covered liabilities may be paid to 
Contract Holder under this section for up to 15 
years following the effective date of this Act. 
(c) MEANS
OF PAYMENT; ASSURANCES
OF PAY-
MENT.— 
(1) FULL FAITH AND CREDIT.—The full faith 
and credit of the United States is hereby pledged to 
the payment of the compensation provided for in 
subsection (b). 
(2) MEANS OF PAYMENT.—Compensation paid 
to Contract Holder under this Act shall be paid by 
means of disbursement of funds from the special ac-
count created in the Treasury of the United States 
pursuant to section 5(i) except as otherwise provided 
in paragraph (3); 
(3) PAYMENT BY DEADLINE.—Notwithstanding 
paragraph (2) or any other provision of this Act, in 
the event that the Contract Holder has not received 
all of the compensation provided for in this section 
on or before the third anniversary of the enactment 
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of this Act, all compensation then remaining to be 
paid to Contract Holder shall be paid from the per-
manent judgment appropriation established pursu-
ant to section 1304 of title 31, United States Code. 
(4) NEGOTIATED AGREEMENT.—Any negotiated 
agreement between the Secretary and the Contract 
Holder as to the amount of compensation described 
in subsection (b) shall be deemed to be a com-
promise settlement of imminent litigation within the 
meaning of section 1304 of title 31, United States 
Code, and section 2414 of title 28, United States 
Code, and, notwithstanding anything to the contrary 
contained in any other provision of law, including 
section 2517 of title 28, United States Code,any 
final judgment by the United States Court of Fed-
eral Claims determining the fair market value of 
Contracts CA–20139 and CA–22901 in accordance 
with the referral provisions of subsection (g) shall be 
deemed to be a final judgment and award within the 
meaning of section 1304 of title 31, United States 
Code. 
(d) INCREASE IN ADJUSTED BASIS OF CONTRACT 
UPON CANCELLATION.—For purposes of the Internal 
Revenue Code of 1986, the adjusted basis of any Contract 
to which subsection (a) applies shall be increased (imme-
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diately before the cancellation of such Contract under such 
section) by the excess (if any) of— 
(1) the fair market value of such Contract (de-
termined immediately before such cancellation), over 
(2) the adjusted basis of such Contract (as de-
termined immediately before the application of this 
section). 
(e) DETERMINATION OF FAIR MARKET VALUE.—The 
Secretary shall, within six months after the date of enact-
ment of this Act, determine by mineral appraisal, utilizing 
the discounted cash flow method of appraisal (in accord-
ance with the appraisal guidelines for appraisals of large 
quantities of mineral materials contained in section IV(E) 
of BLM Mineral Material Appraisal Handbook H–3630), 
the fair market value of the Contracts and notify the Con-
tract Holder of those determinations. In determining the 
fair market value of the Contracts, the Secretary shall as-
sume that— 
(1) the Contract Holder has obtained all the 
permits 
and 
entitlements 
necessary 
to 
mine, 
produce, and sell sand and gravel under the Con-
tract; and 
(2) mining operations under the Contract have 
commenced at the time of the determination, with 
maximum annual production volumes that— 
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(A) are based on the projected supply and 
demand outlook at the time of determination; 
and 
(B) reflect depletion of the reserves that 
are subject to the Contract within the effective 
periods of the Contract. 
(f) EXPENDITURES AND COVERED LIABILITIES DE-
SCRIBED.—The compensation provided for in subsection 
(b)(2) is equal to the sum of the following: 
(1) All amounts paid to the United States by 
Contract Holder with respect to the cancelled Con-
tract as bonus bids or other prepayments. 
(2) Interest on amounts referred to in para-
graph (1), from the date of payment of such 
amounts to the United States, at a rate determined 
by the Secretary. 
(3) Amounts expended by the Contract Holder 
in securing the Contract and trying to bring it into 
production, including— 
(A) all actual costs, including fees, associ-
ated with the engineering and environmental 
studies and permitting proceedings that were 
incurred in good faith in the Contract Holder’s 
efforts to exercise rights granted under the 
Contract terms; and 
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(B) all actual legal costs, including fees 
and covered liabilities, incurred in good faith in 
the Contract Holder’s efforts to exercise rights 
granted in the Contract including all fees and 
costs associated with securing permits and enti-
tlements, litigation to compel, secure, or defend 
permits or entitlements, and litigation in con-
nection with disputes relating to mineral and 
surface estate rights to the property that is the 
subject of the Contract. 
(g) REFERRAL TO THE UNITED STATES COURT OF 
FEDERAL CLAIMS.— 
(1) REFERRAL.—If within 12 months after the 
date of enactment of this Act, the Secretary and the 
Contract Holder do not reach agreed negotiated 
value under subsection (b) regarding the fair market 
value of Contracts CA–20139 and CA–22901, the 
Contract Holder shall have 3 months thereafter to 
notify the Secretary that it disagrees with the Sec-
retary’s determination of such value. In the event of 
such notification, the Secretary shall refer the issue 
of fair market value to the United States Court of 
Federal Claims for determination. 
(2) RESOLUTION BY COURT.—In any referral 
under this subsection, the court shall determine de 
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novo the fair market value of Contracts CA–20139 
and CA–22901. 
(h) SUBMISSION OF EXPENSES INCURRED.— 
(1) IN GENERAL.—To assist in the verification 
of the amounts expended referred to in subsection 
(f)(3), the Contract Holder shall submit to the Sec-
retary within 60 days after the date of enactment of 
this Act an itemized list of such amounts, with 
enough detail and supporting documentation so the 
Secretary can determine that the expenses are asso-
ciated with the Contracts. 
(2) ARBITRATION.—The Secretary shall issue 
the determination of the amounts expended referred 
to in paragraph (f)(3) within 60 days after receipt 
of the itemized list required under paragraph (1). If 
the Secretary disapproves such list, the Secretary 
shall, upon the request of the Contract Holder, de-
termine such amounts through arbitration in accord-
ance with subchapter IV of chapter 5 of title 5, 
United States Code. 
(i) ASSIGNMENT.—The Contract Holder may at any 
time assign its rights or entitlement under this Act to all 
or any part of the compensation provided for in para-
graphs (1) and (2) of subsection (b). 
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SEC. 5. SALE OF LANDS NEAR VICTORVILLE, CALIFORNIA. 
(a) IN GENERAL.—Notwithstanding the land use 
planning requirements of sections 202 and 203 and the 
other provisions of section 203 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712 and 1713), 
and subject to subsections (b), (c), and (d), the Secretary 
shall offer for sale by competitive bidding, for a minimum 
price not less than fair market value as determined by ap-
praisal by the Secretary under subsection (h), all right, 
title and interest of the United States in and to those 
lands identified for disposition on the map entitled 
‘‘Victorville disposal area, California’’ dated December 
2009. The Secretary shall keep such map on file and avail-
able for public inspection in the offices of the Director of 
the Bureau of Land Management and in the district office 
of the Bureau located in Barstow, California. 
(b) PRE-EMPTIVE
RIGHT
OF
THE
CITY
OF 
VICTORVILLE TO PURCHASE AREA A LANDS.—Prior to 
any sale of any of the right, title, and interest of the 
United States as provided in subsection (a), the Secretary 
shall provide the City of Victorville, California, with the 
primary pre-emptive right to purchase some or all of such 
right, title, and interest in and to the lands identified as 
Area A on the map referred to in subsection (a). The 
terms of such pre-emptive right shall afford the City of 
Victorville a period of 30 days prior to any phased sale 
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to be conducted under subsection (g) in which the City 
may purchase some or all of the right, title, and interest 
of the United States, as provided in subsection (a), then 
to be offered for sale at its fair market value as deter-
mined by appraisal by the Secretary under subsection (h), 
by paying to the Secretary in immediately available funds 
the entire purchase price of the right, title, and interest 
so purchased by the City. Such period shall commence on 
the 60th day prior to any phased sale to be conducted 
under subsection (g), and shall end on the 31st day prior 
to any such sale. Failure by the City of Victorville to pur-
chase and pay for such right, title, and interest, and to 
comply with such other terms and conditions of purchase 
as the Secretary shall prescribe, within such period shall 
terminate the pre-emptive right of the City of Victorville 
with respect to the right, title, and interest then offered, 
but shall not terminate such pre-emptive right with re-
spect to subsequent phased offers of the remaining right, 
title, and interest identified on the map referred to in sub-
section (a). 
(c) PRE-EMPTIVE RIGHTS OF THE COUNTY OF SAN 
BERNARDINO TO PURCHASE AREA A LANDS AND AREA 
B LANDS.—Prior to any sale of any of the right, title, 
and interest of the United States as provided in subsection 
(a), and after providing the City of Victorville the right 
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to purchase under subsection (b), the Secretary shall pro-
vide the County of San Bernardino with the secondary 
pre-emptive right to purchase some or all of such right, 
title, and interest in and to the lands identified as Area 
A on the map referred to in subsection (a), and the exclu-
sive preemptive right to purchase all such right, title, and 
interest in and to the lands identified as Area B on the 
map referred to in subsection (a). The terms of such pre- 
emptive rights shall afford the County of San Bernardino 
rights with respect to such lands identified as Area A and 
lands identified as Area B that are substantially similar 
to the pre-emptive right afforded under subsection (b). 
(d) RIGHT OF LOCAL LAND USE AUTHORITY TO 
PURCHASE AREA C LANDS.—Prior to any sale of any of 
the right, title, and interest of the United States as pro-
vided in subsection (a), the Secretary shall provide the 
local land use authority with respect to the lands identified 
as Area C on the map referred to in subsection (a), as 
determined under the statutes of the State of California, 
the exclusive pre-emptive right to purchase some or all of 
such right, title, and interest in and to such lands. The 
terms of such pre-emptive right shall afford the local land 
use authority rights with respect to such lands identified 
as Area C that are substantially similar to the pre-emptive 
rights afforded under subsections (b) and (c). 
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(e) WITHDRAWAL AND RESERVATION.—Subject to 
valid existing rights, the minerals in all Federal lands 
identified in subsection (a) for disposal are withdrawn 
from settlement, sale, location, or entry under the public 
land laws, including the mining laws codified at chapter 
2 of title 30, United States Code, from leasing under the 
mineral leasing laws including those codified at chapter 
3A of title 30, United States Code, and disposals under 
the Materials Act of 1947 (30 U.S.C. 601 et seq.). Any 
sale or other disposal of such lands shall reserve to the 
United States all minerals in such lands, together with 
the right to prospect for, mine, and remove such minerals. 
(f) CONSULTATION.—Before initiating efforts to dis-
pose of land under this section, the Secretary shall consult 
with the City of Victorville, the County of San Bernardino, 
and surface owners in the jurisdiction where the lands are 
located, on the potential impact and other appropriate as-
pects of the disposal. Consultation under this subsection 
is in addition to any other consultation required by law. 
(g) PHASING OF SALES.— 
(1) AREA A LANDS.—The Secretary shall, not 
later than 12 months following the enactment of this 
Act, offer for sale under subsection (a), subject to 
the primary pre-emptive right of the City of 
Victorville under subsection (b) and the secondary 
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pre-emptive right of the County of San Bernardino 
under subsection (c), those lands depicted as Area A 
on the map referred to in subsection (a). 
(2) AREA B LANDS.—The Secretary shall, not 
later than 24 months following the enactment of this 
Act, offer for sale under subsection (a), subject to 
the exclusive pre-emptive right of the County of San 
Bernardino, those lands depicted as Area B on the 
map referred to in subsection (a). 
(3) AREA C LANDS.—The Secretary shall, not 
later than 24 months following the enactment of this 
Act, offer for sale under subsection (a), subject to 
the pre-emptive right of the local land use authority 
under subsection (d), those lands depicted as Area 
C on the map referred to in subsection (a). 
(4) REMAINING LANDS.—The Secretary, after 
consultations with the City of Victorville, may within 
20 years following the enactment of this Act, offer 
for sale under subsection (a) all the remaining lands 
identified for disposal in West Mojave Land Man-
agement Plan of 2006, except those lands depicted 
as ‘‘Area of Critical Environmental Concern’’ in the 
map referred to in subsection (a). 
(5) COMPLIANCE
WITH
ENVIRONMENTAL
RE-
QUIREMENTS.—Land disposal activities of the Sec-
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retary under this subsection shall be consistent with 
all applicable environmental requirements. 
(h) DETERMINATION OF FAIR MARKET VALUE.— 
The fair market value of the lands referred to in sub-
section (g)(1) shall be based on an appraisal of the fair 
market value thereof as of the date of the enactment of 
this Act which shall be completed not later than 6 months 
after the date of the enactment of this Act. The fair mar-
ket value of the lands referred to in subsection (g)(2) shall 
be based on an appraisal of the fair market value thereof 
as of that date that is approximately 6 months prior to 
the related date of offer as set forth in subsection (g)(2) 
and shall be completed not later than 6 months prior to 
the related offer. The fair market value of the lands de-
scribed in subsection (g)(3) shall be based on an appraisal 
of each parcel offered for sale as of the date of such offer 
and such appraisal shall be completed not less than 6 
months prior to the related offer. 
(i) SPECIAL ACCOUNT.— 
(1) DEPOSIT; AVAILABILITY.—The gross pro-
ceeds of sales of land under subsection (a) shall be 
deposited in a special account in the Treasury for 
use under paragraph (2). Amounts in the special ac-
count shall be available to the Secretary for purposes 
of subparagraphs (A) through (E) of paragraph (2) 
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and to the Secretary of Agriculture for purposes of 
subparagraphs (B) and (C) of paragraph (2) without 
further appropriation and shall remain available 
until disbursed. 
(2) DISPOSITION
OF
PROCEEDS.—Proceeds 
from sales of lands described in subsection (a) shall 
be disbursed by the Secretary in the following order 
of priority: 
(A) As compensation to the Contract Hold-
er under section 4(b) for cancellation of the 
Contracts by the Secretary. 
(B) For the acquisition of private in hold-
ings and land interests in the Mojave National 
Preserve. 
(C) For the acquisition of holdings and 
land interests from willing sellers contained 
within the Conceptual Area Protection Plan as 
identified in the East Santa Clarita Land Con-
servation Concept Plan and Implementation 
Strategy. 
(D) For the acquisition of environmentally 
sensitive land in the State of California in ac-
cordance with section 6. 
(E) For the reimbursement of costs in-
curred by the California State Office and the 
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Barstow Field Office of the Bureau of Land 
Management for preparing for the conveyance 
of land described in subsection (a) including 
surveys and appraisals, compliance with the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321), and, except as otherwise provided 
in subsection (a), compliance with sections 201 
and 203 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1711, 1712). 
(3) LIMITATION
ON
USE
OTHER
THAN
FOR 
COMPENSATION.—No funds may be expended under 
this subsection for purposes of subparagraphs (B) 
through (E) of paragraph (2) until the date all com-
pensation has been paid to the Contract Holder for 
cancellation of the Contracts by the Secretary. 
(4) SPECIAL ACCOUNT RESERVE FOR CONTRACT 
HOLDER.— 
(A) LIMITATION
ON
DISBURSEMENTS.— 
Notwithstanding paragraphs (2) and (3), funds 
in the special account referred to in paragraph 
(1) may be expended for purposes set forth in 
subparagraphs (B) through (E) of paragraph 
(2) after compensation has been paid to Con-
tract Holder as provided in paragraphs (1), (2), 
and (3) of section 4(b), but prior to the date 
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compensation required under section 4(b)(4) 
has been paid to Contract Holder, if the agreed- 
upon amount referred to in subparagraph (B) 
of this paragraph is held as a reserve for pay-
ment to Contract Holder under section 4(b)(4). 
(B) DETERMINATION
OF
RESERVE.—For 
purposes of calculating the reserve provided for 
in this paragraph, the value of the compensa-
tion provided for in section 4(b)(4) is deemed to 
be such amount as is agreed upon by the Sec-
retary and the Contract Holder: Provided, That 
such agreed-upon amount shall in no event be 
less than 15 percent of the sum of the value of 
the elements of compensation described in para-
graphs (1) through (3) of section 4(b): Provided 
further, That such agreement shall be made 
prior to the disbursement of any funds from the 
special account for any matter other than com-
pensation to the Contract Holder. Nothing in 
this paragraph shall be construed to reduce the 
amount of the compensation payable to the 
Contract Holder pursuant to section 4(b)(4). 
(5) INVESTMENT OF SPECIAL ACCOUNT.—Any 
amounts deposited in the special account shall earn 
interest in an amount determined by the Secretary 
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of the Treasury on the basis of the current average 
market yield on outstanding marketable obligations 
of the United States with a maturity of three years 
and shall be expended according to the provisions of 
this section. 
(6) PROCEDURES.—Except with respect to the 
disbursement of funds as compensation to the Con-
tract Holder for cancellation of the Contracts, the 
Secretary shall coordinate the use of the special ac-
count with the Secretary of Agriculture, the State of 
California, local governments, and other interested 
persons, to ensure accountability and demonstrated 
results. 
SEC. 6. ACQUISITIONS. 
(a) IN GENERAL.—After the consultation process has 
been completed in accordance with subsection (b), the Sec-
retary may acquire with the proceeds of the special ac-
count referred to in section 5(a) environmentally sensitive 
land and interests in environmentally sensitive land. 
Lands may not be acquired under this section without the 
consent of the owner thereof. Funds made available from 
the special account may be used for this purpose with any 
other funds made available under any other provision of 
law. 
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(b) CONSULTATION.—Before initiating efforts to ac-
quire land under this section, the Secretary or the Sec-
retary of Agriculture shall consult with the State of Cali-
fornia and with counties and cities affected by such acqui-
sition, including appropriate planning and regulatory 
agencies, and with other interested persons, concerning 
the necessity of making the acquisition, the potential im-
pacts on State and local government, and other appro-
priate aspects of the acquisition. Consultation under this 
subsection is in addition to any other consultation required 
by law. 
(c) ADMINISTRATION.—On acceptance of title by the 
United States, land and interests in land acquired under 
this section that is within the boundaries of a unit of the 
National Forest System, National Park System, National 
Wildlife Refuge System, National Wild and Scenic Rivers 
System, National Trails System, National Wilderness 
Preservation System, or any other system established by 
Act of Congress, or any national conservation or national 
recreation area established by Act of Congress— 
(1) shall, notwithstanding any other provision 
of law, become part of the unit or area without fur-
ther action by the Secretary or Secretary of Agri-
culture; and 
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(2) shall be managed in accordance with all 
laws and regulations and land use plans applicable 
to the unit or area. 
(d) DETERMINATION OF FAIR MARKET VALUE.— 
The fair market value of land or an interest in land to 
be acquired by the Secretary or the Secretary of Agri-
culture under this section shall be determined under sec-
tion 206 of the Federal Land Policy and Management Act 
of 1976 (16 U.S.C. 1716) and shall be consistent with 
other applicable requirements and standards. 
Æ 
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