An Act to provide for the conveyance of certain lands to the State of California, and for other purposes.
PL 101-436 (H.R.2809), enacted 10/17/1990

PUBLIC LAW 101-436—OCT. 17, 1990 
104 STAT. 993 
Public Law 101-436 
101st Congress 
An Act 
To provide for the conveyance of certain lands to the State of California, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds and declares that— 
(1) in order to protect certsiin outstanding examples of pon-
derosa pine, sugar pine, and giant sequoia trees located in the 
North and South Calaveras Groves, on the western slope of the 
Sierra Nevada Mountains, the State of California has estab-
lished the Calaveras Big Trees State Park; 
(2) for similar purposes, the United States has designated 
certain adjacent Federal lands, amounting to approximately 379 
acres, as the Calaveras Big Trees National Forest; and 
(3) this National Forest (managed as part of the Stanislaus 
National Forest) is the smallest National Forest in the United 
States and could be more appropriately and efficiently managed 
as part of the Calaveras Big Trees State Park. 
(b) PURPOSE.—The purpose of this Act is to improve the manage-
ment of the lands located in the Calaveras Big Trees National 
Forest, and to protect certain examples of ponderosa pine, sugar 
pine, and giant sequoia trees, by unifying the management of the 
lands in such National Forest and in the California Calaversis Big 
Trees State Park. 
SEC. 2. LAND CONVEYANCE. 
(a) CONVEYANCE.—Subject to valid existing rights and the provi-
sions of this Act, the Secretary of Agriculture (hereinafter in this 
Act referred to as the "Secretary") is authorized and directed to 
convey all right, title, and interest of the United States in and to 
lands and interests therein within the Calaveras Big Trees National 
Forest, as generally depicted on a map numbered 20435 and dated 
June 5, 1989, prepared by the California Department of Parks and 
Recreation, to the State of California for inclusion within the 
Calaveras Big Trees State Park. 
(b) MAP AND DESCRIPTION.—As soon as practicable after the enact-
ment of this Act, the Secretary shall submit a map and legal 
description of the lands referred to in subsection (a) to the Commit-
tee on Interior and Insular Affairs of the United States House of 
Representatives, and the Committee on Energy and Natural Re-
sources of the Senate. Such map and legal description shall have the 
same force and effect as if included in this Act, except that any 
clerical or typographical errors in such map or legal description may 
be corrected. The Secretary shall place such map and legal descrip-
tion on file, and make them available for public inspection, in the 
Office of the Chief of the Forest Service. 
Oct. 17, 1990 
[H.R. 2809] 
National forests. 
Natural 
resources. 
16 u s e 494 note. 
16 u s e 494 note. 
49-139 O - 90 (436) 
104 STAT. 994 
PUBLIC LAW 101-436—OCT. 17, 1990 
(c) CONDITIONS OF CONVEYANCE.—Conveyance of the lands and 
interests described in subsection (a) of this section shall be subject to 
the following conditions: 
(1) The conveyance shall take place only if within two years 
after the date of enactment of this Act, there is concluded an 
agreement between the State of California and the Secretary 
whereby the State of California agrees to provide to the United 
States, in exchange for the lands described in subsection (a) and 
pursuant to terms and conditions which the Secretary ^ d s 
acceptable, consideration of approximately equal value. Such 
consideration shall include either lands in California that the 
Secretary finds suitable for addition to, and are contiguous to, 
one or more units of the National Forest System, cash pa5mient, 
or monetary grants awarded to the United States after June 1, 
1990, or any combination thereof. 
(2) No harvest of timber (except as may be necessary for the 
control of fire, insects, or disease) and no mining, mineral 
leasing, or geothermal exploration or development shall be 
permitted on such lands. 
(3) Any action by the State of California to convey any portion 
of such lands or interests to any entity other than the United 
States shall be void ab initio and shall result in the reversion to 
the United States of all right, title, and interest in such lands. 
(4) Any action by the State of California to permit the use of 
any portion of such lands for any purpose prohibited by this 
subsection or any purpose incompatible with the continued 
ability of such lands to support ponderosa pine, sugar pine, or 
giant sequoia trees, shall result in the reversion of all right, 
title, and interest in such lands to the United States. Any such 
lands which revert to the United States shall be incorporated 
into the Stanislaus National Forest and managed to preserve 
and protect the stands of ponderosa pine, sugar pine, and giant 
sequoia trees located on such lands. 
(5) The Secretary, acting through the Forest Service, shall be 
afforded by appropriate officials of the State of California 
reasonable opportunities to collect seeds from trees located on 
such lands for scientific or silvicultural purposes. 
(6) The Secretary, upon prior notification to the State of 
California, shall be entitled at any time to enter upon such 
lands for the purpose of monitoring the management of such 
\ands and the compliance of the State of California with the 
provisions of this subsection. 
(7) The conveyance shall be subject to the following reserva-
tions or exceptions: 
(A) existing ditches and canals as authorized by the Act of 
August 30,1890 (43 U.S.C. 945); and 
(B) any existing rights-of-way to provide the United 
States and its assigns access to federally owned lands. 
(d) ENFORCEMENT.—Upon the request of the Secretary, the Attor-
ney General shall bring any action or take any other steps necessary 
to enforce the provisions of subsection (c) of this section. 
(e) TIMING, VALUE, AND STATUS.—(1) Conveyance of lands to the 
State of California pursuant to this Act shall occur when the 
agreement described in paragraph (1) of subsection (c) has been 
reached. The restrictions and conditions specified in paragraphs (2), 
(3), (4), (5), (6), and (7) of subsection (c) shall be included in the 
instruments of conveyance of lands to the State of California. 
PUBLIC LAW 101-436—OCT. 17, 1990 
104 STAT. 995 
(2) Effective upon the conveyance to the State of Cahfornia of 
Termination 
lands described in subsection (a) of this section, or two years after 
the date of enactment of this Act, whichever is sooner, the National 
Forest designation of such lands shall terminate. Any such lands not 
conveyed to the State of California shall thereupon be incorporated 
into the Stanislaus National Forest and managed to preserve and 
protect the stands of ponderosa pine, sugar pine, and giant sequoia 
trees located on such lands. 
(3) Any lands conveyed to the United States pursuant to this Act 
shall be deemed national forest lands and managed according to the 
laws governing the management of the National Forest System. If 
any such lands are outside existing boundaries of one or more 
National Forests, the Secretary shall modify such boundaries as he 
deems appropriate to include such lands. 
(4) Values of the respective lands exchanged between the United 
States and the State of California pursuant to this Act shall be of 
"approximately equal value" as that term is defined by regulations 
implementing the Act of January 12, 1983, known as the Small 
Tracts Act (16 U.S.C. 521c-521i). 
Approved October 17, 1990. 
date. 
LEGISLATIVE HISTORY—H.R. 2809: 
HOUSE REPORTS: No. 101-337 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 101-430 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 135 (1989): Nov. 13, considered and passed House. 
Vol. 136 (1990): Sept. 11, considered and passed Senate, amended. 
Oct. 3, House concurred in Senate amendments.