HR 241
112th CONGRESS
1st Session
H. R. 241
To authorize the conveyance of certain National Forest System lands
in the Los Padres National Forest in California.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2011
Mr. GALLEGLY introduced the following bill; which was referred to the Committee
on Natural Resources
A BILL
To authorize the conveyance of certain National Forest System lands
in the Los Padres National Forest in California.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. DEFINITIONS.
(1) FEDERAL LAND- The term `Federal land' means the approximately 5 acres
of National Forest System land in Santa Barbara County, California, as generally
depicted on the map.
(2) FOUNDATION- The term `Foundation' means the White Lotus Foundation,
a nonprofit foundation located in Santa Barbara, California.
(3) MAP- The term `map' means the map entitled `San Marcos Pass Encroachment
for Consideration of Legislative Remedy' and dated June 1, 2009.
(4) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
SEC. 2. LAND CONVEYANCE.
(a) In General- Subject to the provisions of this section, if the Foundation
offers to convey to the Secretary all right, title, and interest of the Foundation
in and to a parcel of non-Federal land that is acceptable to the Secretary--
(1) the Secretary shall accept the offer; and
(2) on receipt of acceptable title to the non-Federal land, the Secretary
shall convey to the Foundation all right, title, and interest of the United
States in and to the Federal land.
(b) Applicable Law- The land exchange authorized under subsection (a) shall
be subject to section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).
(c) Time for Completion of Land Exchange- It is the intent of Congress that
the land exchange under subsection (a) shall be completed not later than 2
years after the date of enactment of this Act.
(d) Authority of Secretary To Conduct Sale of Federal Land- If the land exchange
under subsection (a) is not completed by the date that is 2 years after the
date of enactment of this Act, the Secretary may offer to sell to the Foundation
the Federal land for fair market value.
(e) Additional Terms and Conditions- The land exchange under subsection (a)
and any sale under subsection (d) shall be subject to--
(1) valid existing rights;
(2) the Secretary finding that the public interest would be well served
by making the exchange or sale;
(3) any terms and conditions that the Secretary may require; and
(4) the Foundation paying the reasonable costs of any surveys, appraisals,
and any other administrative costs associated with the land exchange or
sale.
(1) IN GENERAL- The land conveyed under subsection (a) or (d) shall be appraised
by an independent appraiser selected by the Secretary.
(2) REQUIREMENTS- An appraisal under paragraph (1) shall be conducted in
accordance with nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal Practice.
(g) Disposition of Proceeds-
(1) IN GENERAL- The Secretary shall deposit in the fund established under
Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a) any
amount received by the Secretary as the result of--
(A) any cash equalization payment made under subsection (b); and
(B) any sale carried out under subsection (d).
(2) USE OF PROCEEDS- Amounts deposited under paragraph (1) shall be available
to the Secretary, without further appropriation and until expended, for
the acquisition of land or interests in land in the Los Padres National
Forest.
(h) Management and Status of Acquired Land- Any non-Federal land acquired
by the Secretary under this Act shall be managed by the Secretary in accordance
with--
(1) the Act of March 1, 1911 (commonly known as the `Weeks Law') (16 U.S.C.
480 et seq.); and
(2) any laws (including regulations) applicable to the National Forest System.
END
