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108th CONGRESS
1st Session
H. R. 1060
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
March 4, 2003
Mr. Gallegly introduced the following bill; which was referred to the
Committee on Resources
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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 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 2003''.
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, NE1/4SE1/
4, San Bernardino base and meridian.
(B) ``Tract B''--Approximately 40 acres, located in
township 5 north, range 18 west, section 16, SE1/4NE1/
4, San Bernardino base and meridian.
(C) ``Tract C''--Approximately 80 acres, located in
township 5 north, range 18 west, section 16, S1/2SE1/4,
San Bernardino base and meridian.
(D) ``Tract D''--Approximately 160 acres, located
in township 5 north, range 18 west, section 21, NE1/4,
San Bernardino base and meridian.
(E) ``Tract E''--Approximately 20 acres, located in
township 5 north, range 18 west, section 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 approximately 420 acres as follows:
(A) ``Tract 1''--Approximately 80 acres, located in
township 5 north, range 18 west, section 10, E1/2SW1/4,
San Bernardino base and meridian.
(B) ``Tract 2''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, NE1/4NW1/
4, San Bernardino base and meridian.
(C) ``Tract 3''--Approximately 40 acres, located in
township 5 north, range 18 west, section 15, SW1/4SE1/
4, San Bernardino base and meridian.
(D) ``Tract 4''--Approximately 10 acres, located in
township 5 north, range 18 west, section 22, SW1/4SW1/
4NE1/4, San Bernardino base and meridian.
(E) ``Tract 5''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, W1/2NW1/
4SE1/4, San Bernardino base and meridian.
(F) ``Tract 6''--Approximately 40 acres, located in
township 5 north, range 18 west, section 22, SW1/4SE1/
4, San Bernardino base and meridian.
(G) ``Tract 7''--Approximately 80 acres, located in
township 5 north, range 18 west, section 22, E1/2SW1/4,
San Bernardino base and meridian.
(H) ``Tract 8''--Approximately 20 acres, located in
township 5 north, range 18 west, section 22, N1/2NW1/
4SW1/4, San Bernardino base and meridian.
(I) ``Tract 9''--Approximately 80 acres, located in
township 5 north, range 18 west, section 27, W1/2NE1/4,
San Bernardino base and meridian.
(J) ``Tract 10''--Approximately 10 acres, located
in township 5 north, range 18 west, section 27, NE1/
4SW1/4NW1/4, 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.
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