Text: H.R.4917 — 107th Congress (2001-2002)All Information (Except Text)

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Referred in Senate (09/25/2002)

 
[Congressional Bills 107th Congress]
[From the U.S. Government Printing Office]
[H.R. 4917 Referred in Senate (RFS)]

  2d Session
                                H. R. 4917


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2002

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
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 Representatives 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 Conservation District 
        of California (in this section referred 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 National 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 Secretary.
            (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 follows:
                    (A) ``Tract A''--Approximately 40 acres, located in 
                township 5 north, range 18 west, section 16, NE\1/
                4\SE\1/4\, San Bernardino base and meridian.
                    (B) ``Tract B''--Approximately 40 acres, located in 
                township 5 north, range 18 west, section 16, SE\1/
                4\NE\1/4\, San Bernardino base and meridian.
                    (C) ``Tract C''--Approximately 80 acres, located in 
                township 5 north, range 18 west, section 16, S\1/
                2\SE\1/4\, San Bernardino base and meridian.
                    (D) ``Tract D''--Approximately 160 acres, located 
                in township 5 north, range 18 west, section 21, NE\1/
                4\, San Bernardino base and meridian.
                    (E) ``Tract E''--Approximately 20 acres, located in 
                township 5 north, range 18 west, section 15, N\1/
                2\SW\1/4\SW\1/4\, 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 approximately 420 acres as follows:
                    (A) ``Tract 1''--Approximately 80 acres, located in 
                township 5 north, range 18 west, section 10, E\1/
                2\SW\1/4\, San Bernardino base and meridian.
                    (B) ``Tract 2''--Approximately 40 acres, located in 
                township 5 north, range 18 west, section 15, NE\1/
                4\NW\1/4\, San Bernardino base and meridian.
                    (C) ``Tract 3''--Approximately 40 acres, located in 
                township 5 north, range 18 west, section 15, SW\1/
                4\SE\1/4\, San Bernardino base and meridian.
                    (D) ``Tract 4''--Approximately 10 acres, located in 
                township 5 north, range 18 west, section 22, SW\1/
                4\SW\1/4\NE\1/4\, San Bernardino base and meridian.
                    (E) ``Tract 5''--Approximately 20 acres, located in 
                township 5 north, range 18 west, section 22, W\1/
                2\NW\1/4\SE\1/4\, San Bernardino base and meridian.
                    (F) ``Tract 6''--Approximately 40 acres, located in 
                township 5 north, range 18 west, section 22, SW\1/
                4\SE\1/4\, San Bernardino base and meridian.
                    (G) ``Tract 7''--Approximately 80 acres, located in 
                township 5 north, range 18 west, section 22, E\1/
                2\SW\1/4\, San Bernardino base and meridian.
                    (H) ``Tract 8''--Approximately 20 acres, located in 
                township 5 north, range 18 west, section 22, N\1/
                2\NW\1/4\SW\1/4\, San Bernardino base and meridian.
                    (I) ``Tract 9''--Approximately 80 acres, located in 
                township 5 north, range 18 west, section 27, W\1/
                2\NE\1/4\, San Bernardino base and meridian.
                    (J) ``Tract 10''--Approximately 10 acres, located 
                in township 5 north, range 18 west, section 27, NE\1/
                4\SW\1/4\NW\1/4\, San Bernardino base and meridian.
            (3) Corrections to legal descriptions.--By mutual 
        agreement, the Secretary and the District 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 provided 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 Regulations.
            (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 pedestrian access to the 
        Potholes trailhead of the Los Padres 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 privately owned inholdings 
        consistent with section 1323(a) of the Alaska National Interest 
        Lands Conservation 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 
        National 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 accordance with applicable 
                law.
                    (B) Foot traffic to the trailhead shall be 
                perpetual and unrestricted.
    (e) Special Use Authorization and Easements.--All special use 
authorizations and term easements 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 enactment 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 Secretary, 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, without 
        further appropriation, for the acquisition, construction, or 
        improvement of administrative or recreational facilities for 
        the Los Padres National Forest in Ventura County, Santa Barbara 
        County, and San Luis Obispo County, California, or for the 
        acquisition of land or interests in land in such counties.
    (h) Management of Acquired Lands.--The District lands acquired by 
the Secretary under this section shall be added to and administered as 
part of the Los Padres National Forest in accordance with the laws and 
regulations applicable to that national forest.

            Passed the House of Representatives September 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.