IB
Union Calendar No. 385
107TH CONGRESS
2D SESSION
H. R. 4917
[Report No. 107–636]
To provide for an exchange of lands with the United Water Conservation
District of California to eliminate private inholdings in the Los Padres
National Forest, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 2002
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on Resources
SEPTEMBER 4, 2002
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To provide for an exchange of lands with the United Water
Conservation District of California to eliminate private
inholdings in the Los Padres National Forest, 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 ‘‘Los Padres National
Forest Land Exchange Act of 2002’’.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST,
CALIFORNIA.
(a) EXCHANGE AUTHORIZED.—
(1) IN GENERAL.—If the United Water Con-
servation District of California (in this section re-
ferred to as the ‘‘District’’) conveys to the Secretary
of Agriculture (in this section referred to as the
‘‘Secretary’’) all of right, title, and interest of the
District in and to the lands described in subsection
(b)(1), the Secretary shall convey to the District, in
exchange for such lands, all right, title, and interest
of the United States in and to the National Forest
System lands described in subsection (b)(2).
(2) EXISTING RIGHTS.—The conveyance of Na-
tional Forest System lands under this section shall
be subject to valid existing rights and to such terms,
conditions, and reservations as may be required by
this section or considered necessary by the Sec-
retary.
(3) TIME FOR EXCHANGE.—The Secretary and
the District shall endeavor to complete the exchange
in a timely manner.
(b) EXCHANGE LANDS.—
(1) LANDS TO BE CONVEYED BY DISTRICT.—
The lands to be conveyed by the District under this
section consist of approximately 340 acres as fol-
lows:
(A) ‘‘Tract A’’—Approximately 40 acres,
located in township 5 north, range 18 west, sec-
tion 16, NE1⁄4SE1⁄4, San Bernardino base and
meridian.
(B) ‘‘Tract B’’—Approximately 40 acres,
located in township 5 north, range 18 west, sec-
tion 16, SE1⁄4NE1⁄4, San Bernardino base and
meridian.
(C) ‘‘Tract C’’—Approximately 80 acres,
located in township 5 north, range 18 west, sec-
tion 16, S1⁄2SE1⁄4, San Bernardino base and
meridian.
(D) ‘‘Tract D’’—Approximately 160 acres,
located in township 5 north, range 18 west, sec-
tion 21, NE1⁄4, San Bernardino base and me-
ridian.
(E) ‘‘Tract E’’—Approximately 20 acres,
located in township 5 north, range 18 west, sec-
tion 15, N1⁄2SW1⁄4SW1⁄4, San Bernardino base
and meridian.
(2) LANDS TO BE CONVEYED BY SECRETARY.—
The National Forest System lands to be conveyed by
the Secretary under this section consist of approxi-
mately 420 acres as follows:
(A) ‘‘Tract 1’’—Approximately 80 acres,
located in township 5 north, range 18 west, sec-
tion 10, E1⁄2SW1⁄4, San Bernardino base and
meridian.
(B) ‘‘Tract 2’’—Approximately 40 acres,
located in township 5 north, range 18 west, sec-
tion 15, NE1⁄4NW1⁄4, San Bernardino base and
meridian.
(C) ‘‘Tract 3’’—Approximately 40 acres,
located in township 5 north, range 18 west, sec-
tion 15, SW1⁄4SE1⁄4, San Bernardino base and
meridian.
(D) ‘‘Tract 4’’—Approximately 10 acres,
located in township 5 north, range 18 west, sec-
tion 22, SW1⁄4SW1⁄4NE1⁄4, San Bernardino
base and meridian.
(E) ‘‘Tract 5’’—Approximately 20 acres,
located in township 5 north, range 18 west, sec-
tion 22, W1⁄2NW1⁄4SE1⁄4, San Bernardino base
and meridian.
(F) ‘‘Tract 6’’—Approximately 40 acres,
located in township 5 north, range 18 west, sec-
tion 22, SW1⁄4SE1⁄4, San Bernardino base and
meridian.
(G) ‘‘Tract 7’’—Approximately 80 acres,
located in township 5 north, range 18 west, sec-
tion 22, E1⁄2SW1⁄4, San Bernardino base and
meridian.
(H) ‘‘Tract 8’’—Approximately 20 acres,
located in township 5 north, range 18 west, sec-
tion 22, N1⁄2NW1⁄4SW1⁄4, San Bernardino base
and meridian.
(I) ‘‘Tract 9’’—Approximately 80 acres, lo-
cated in township 5 north, range 18 west, sec-
tion 27, W1⁄2NE1⁄4, San Bernardino base and
meridian.
(J) ‘‘Tract 10’’—Approximately 10 acres,
located in township 5 north, range 18 west, sec-
tion 27, NE1⁄4SW1⁄4NW1⁄4, San Bernardino
base and meridian.
(3) CORRECTIONS TO LEGAL DESCRIPTIONS.—
By mutual agreement, the Secretary and the Dis-
trict may adjust the legal descriptions contained in
this subsection to correct errors or to make minor
adjustments in the lands to be exchanged.
(c) PROCESSING OF LAND EXCHANGE.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Secretary shall process the
land exchange under this section in accordance with
Forest Service land exchange regulations in subpart
A of part 254 of title 36, Code of Federal Regula-
tions.
(2) TITLE
STANDARDS.—The Secretary shall
require that title to the District lands acquired by
the Secretary under this section is in conformity
with the title standards of the Attorney General of
the United States.
(d) EASEMENTS AND ACCESS.—
(1) RESERVATION.—In the conveyance of the
National Forest System lands authorized by this
section, the Secretary shall reserve easements for all
roads and trails that the Secretary considers to be
necessary or desirable to provide for administrative
purposes and to ensure public access to National
Forest System lands. In particular, the Secretary
shall reserve perpetual unrestricted rights of pedes-
trian access to the Potholes trailhead of the Los Pa-
dres National Forest.
(2) ACCESSIBILITY.—In the case of the District
lands acquired by the Secretary under this section,
the Secretary shall provide reasonable access to pri-
vately owned inholdings consistent with section
1323(a) of the Alaska National Interest Lands Con-
servation Act (16 U.S.C. 3210(a)).
(3) CONSTRUCTION
OF
PARKING
LOT.—As a
condition on the receipt of National Forest System
lands under this section, the District shall agree to
construct a gravel parking area upon District lands
for the Potholes trailhead of the Los Padres Na-
tional Forest, subject to the following requirements:
(A) The District may reasonably regulate
vehicular access to the trailhead in accordance
with rules and regulations promulgated in ac-
cordance with applicable law.
(B) Foot traffic to the trailhead shall be
perpetual and unrestricted.
(e) SPECIAL
USE
AUTHORIZATION
AND
EASE-
MENTS.—All special use authorizations and term ease-
ments issued by the Secretary with respect to the National
Forest System lands described in subsection (b)(2) shall
not be renewed or reauthorized after the date of enact-
ment of this Act.
(f) WATER RIGHTS.—The land exchange authorized
by this section does not include any water rights owned
by the District or the United States.
(g) CASH EQUALIZATION.—
(1) LIMITS WAIVED.—The District or the Sec-
retary, as appropriate, may equalize the values of
the lands to be exchanged under this section by a
cash payment without regard to any statutory limit
on the amount of such a cash equalization payment.
(2) DISPOSITION
AND
USE
OF
FUNDS.—Any
cash equalization payment received by the Secretary
under this section shall be deposited into the fund
established by Public Law 90–171 (commonly known
as the Sisk Act; 16 U.S.C. 484a). The payment shall
be available to the Secretary for expenditure, with-
out further appropriation, for the acquisition, con-
struction, or improvement of administrative or rec-
reational facilities for the Los Padres National For-
est in Ventura County, Santa Barbara County, and
San Luis Obispo County, California, or for the ac-
quisition of land or interests in land in such coun-
ties.
(h) MANAGEMENT OF ACQUIRED LANDS.—The Dis-
trict lands acquired by the Secretary under this section
shall be added to and administered as part of the Los Pa-
dres National Forest in accordance with the laws and reg-
ulations applicable to that national forest.
Union Calendar No. 385
107TH CONGRESS
2D SESSION
H. R. 4917
[Report No. 107–636]
A BILL
To provide for an exchange of lands with the
United Water Conservation District of California
to eliminate private inholdings in the Los Padres
National Forest, and for other purposes.
SEPTEMBER 4, 2002
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed