[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5513 Introduced in House (IH)]
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115th CONGRESS
2d Session
H. R. 5513
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.
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IN THE HOUSE OF REPRESENTATIVES
April 13, 2018
Mr. Cook introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
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'' 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'' 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 10, 2017.
SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE.
(a) Exchange Authorized.--Notwithstanding the land use planning
requirements of sections 202, 210, and 211 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712, 1720-21), subject to valid
existing rights, and conditioned upon any equalization payment
necessary under section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this
Act, as soon as practicable, but not later than 2 years after the date
of the enactment of this Act, 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.
(2) Cash equalization payment.--The County or the
Secretary, as appropriate, 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.
(4) Source of funds for payment by secretary.--If the
Secretary will make a cash equalization payment to the County
under this subsection, the Secretary may use funds available
from the Land and Water Conservation Fund, the Act of June 15,
1938 (Chapter 438; 52 Stat. 699, commonly known as the Receipts
Act of 1938), or capital improvement funds.
(c) Appraisals.--The value of the land to be exchanged under this
Act shall be determined by appraisals conducted--
(1) by one or more independent and qualified appraisers;
and
(2) in accordance with nationally recognized appraisal
standards, including, as appropriate, the Uniform Appraisal
Standards for Federal Land Acquisitions and 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.--Before
completing the land exchange under this section, the Secretary shall
relocate the portion of the Pacific Crest National Scenic Trail located
on the Federal land to adjacent National Forest System land. The trail
relocation shall be conducted without further environmental analysis.
(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.
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