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H.R. 5513 - Big Bear Land Exchange Act

Sponsor: Paul Cook (R)
Introduced: 2018-12-11
Bill Status: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
 
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Full Text


115th CONGRESS
2d Session
H. R. 5513


IN THE SENATE OF THE UNITED STATES

December 11, 2018

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


AN ACT

    To provide for an exchange of lands with San Bernardino County, California, to enhance management of lands within the San Bernardino 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 “Big Bear Land Exchange Act”.

SEC. 2. Definitions.

In this Act:

(1) COUNTY.—The term “County” means the County of San Bernardino, California.

(2) FEDERAL LAND.—The term “Federal land” means the approximately 73 acres of Federal land administered by the Forest Service generally depicted as “Federal Land Proposed for Exchange” on the Map.

(3) NON-FEDERAL LAND.—The term “non-Federal land” means the approximately 71 acres owned by the County generally depicted as “Non-Federal Land Proposed for Exchange” on the Map.

(4) SECRETARY.—The term “Secretary” means the Secretary of Agriculture.

(5) MAP.—The term “Map” means the map titled “Big Bear Land Exchange” and dated August 6, 2018.

SEC. 3. Exchange of land; equalization of value.

(a) Exchange authorized.—Subject to valid existing rights and the terms of this Act, no later than one year after the date that the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection (h), if the County offers to convey the non-Federal land to the United States, the Secretary shall—

(1) convey to the County all right, title, and interest of the United States in and to the Federal land; and

(2) accept from the County a conveyance of all right, title, and interest of the County in and to the non-Federal land.

(b) Equal value and cash equalization.—

(1) EQUAL VALUE EXCHANGE.—The land exchange under this section shall be for equal value, or the values shall be equalized by a cash payment as provided for under this subsection or an adjustment in acreage. At the option of the County, any excess value of the non-Federal lands may be considered a gift to the United States.

(2) CASH EQUALIZATION PAYMENT.—The County may equalize the values of the lands to be exchanged under this section by cash payment without regard to any statutory limit on the amount of such a cash equalization payment.

(3) DEPOSIT AND USE OF FUNDS RECEIVED FROM COUNTY.—Any cash equalization payment received by the Secretary under this subsection shall be deposited in the fund established under Public Law 90–171 (16 U.S.C. 484a; commonly known as the Sisk Act). The funds so deposited shall remain available to the Secretary, until expended, for the acquisition of lands, waters, and interests in land for the San Bernardino National Forest.

(c) Appraisal.—The Secretary shall complete an appraisal of the land to be exchanged under subsection (a) in accordance with—

(1) the Uniform Appraisal Standards for Federal Land Acquisitions; and

(2) the Uniform Standards of Professional Appraisal Practice.

(d) Title approval.—Title to the land to be exchanged under this Act shall be in a format acceptable to the Secretary and the County.

(e) Survey of non-Federal lands.—Before completing the exchange under this Act, the Secretary shall inspect the non-Federal lands to ensure that the land meets Federal standards, including hazardous materials and land line surveys.

(f) Costs of conveyance.—As a condition of conveyance, any costs related to the exchange under this section shall be paid by the County.

(g) Management of acquired lands.—The Secretary shall manage the non-Federal land acquired under this section in accordance with the Act of March 1, 1911 (16 U.S.C. 480 et seq.; commonly known as the Weeks Act), and other laws and regulations pertaining to National Forest System lands.

(h) Pacific Crest National Scenic Trail relocation.—No later than three years after the date of enactment of this Act, the Secretary, in accordance with applicable laws, shall relocate the portion of the Pacific Crest National Scenic Trail located on the Federal land to—

(1) adjacent National Forest System land;

(2) land owned by the County, subject to County approval;

(3) land within the Federal land, subject to County approval; or

(4) a combination of paragraphs (1), (2), and (3).

(i) Map and legal descriptions.—As soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Forest Service.

Passed the House of Representatives December 10, 2018.

    Attest:karen l. haas,   
    Clerk

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