Big Bear Land Exchange Act

IIB 116TH CONGRESS 1ST SESSION H. R. 255 IN THE SENATE OF THE UNITED STATES NOVEMBER 21, 2019 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 2 HR 255 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Big Bear Land Ex- 2 change Act’’. 3 SEC. 2. DEFINITIONS. 4 In this Act: 5 (1) COUNTY.—The term ‘‘County’’ means the 6 County of San Bernardino, California. 7 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 8 means the approximately 73 acres of Federal land 9 administered by the Forest Service generally de- 10 picted as ‘‘Federal Land Proposed for Exchange’’ on 11 the Map. 12 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed- 13 eral land’’ means the approximately 71 acres owned 14 by the County generally depicted as ‘‘Non-Federal 15 Land Proposed for Exchange’’ on the Map. 16 (4) SECRETARY.—The term ‘‘Secretary’’ means 17 the Secretary of Agriculture. 18 (5) MAP.—The term ‘‘Map’’ means the map ti- 19 tled ‘‘Big Bear Land Exchange’’ and dated August 20 6, 2018. 21 SEC. 3. EXCHANGE OF LAND; EQUALIZATION OF VALUE. 22 (a) EXCHANGE AUTHORIZED.—Subject to valid exist- 23 ing rights and the terms of this Act, no later than 1 year 24 after the date that the portion of the Pacific Crest Na- 25 tional Scenic Trail is relocated in accordance with sub- 26 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 3 HR 255 RFS section (h), if the County offers to convey the non-Federal 1 land to the United States, the Secretary shall— 2 (1) convey to the County all right, title, and in- 3 terest of the United States in and to the Federal 4 land; and 5 (2) accept from the County a conveyance of all 6 right, title, and interest of the County in and to the 7 non-Federal land. 8 (b) EQUAL VALUE AND CASH EQUALIZATION.— 9 (1) EQUAL VALUE EXCHANGE.—The land ex- 10 change under this section shall be for equal value, 11 or the values shall be equalized by a cash payment 12 as provided for under this subsection or an adjust- 13 ment in acreage. At the option of the County, any 14 excess value of the non-Federal lands may be consid- 15 ered a gift to the United States. 16 (2) EQUALIZATION.—If the value of the Federal 17 land and the non-Federal land to be conveyed in a 18 land exchange under this subsection is not equal, the 19 value may be equalized by— 20 (A) making a cash equalization payment to 21 the Secretary or to the owner of the non-Fed- 22 eral land, as appropriate, in accordance with 23 section 206(b) of the Federal Land Policy and 24 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 4 HR 255 RFS Management Act of 1976 (43 U.S.C. 1716(b)); 1 or 2 (B) reducing the acreage of the Federal 3 land or the non-Federal land to be exchanged, 4 as appropriate. 5 (3) DEPOSIT AND USE OF FUNDS RECEIVED 6 FROM COUNTY.—Any cash equalization payment re- 7 ceived by the Secretary under this subsection shall 8 be deposited in the fund established under Public 9 Law 90–171 (16 U.S.C. 484a; commonly known as 10 the ‘‘Sisk Act’’). The funds so deposited shall re- 11 main available to the Secretary, until expended, for 12 the acquisition of lands, waters, and interests in 13 land for the San Bernardino National Forest. 14 (c) APPRAISAL.—The Secretary shall complete an ap- 15 praisal of the land to be exchanged under subsection (a) 16 in accordance with— 17 (1) the Uniform Appraisal Standards for Fed- 18 eral Land Acquisitions; and 19 (2) the Uniform Standards of Professional Ap- 20 praisal Practice. 21 (d) TITLE APPROVAL.—Title to the land to be ex- 22 changed under this Act shall be in a format acceptable 23 to the Secretary and the County. 24 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 5 HR 255 RFS (e) SURVEY OF NON-FEDERAL LANDS.—Before com- 1 pleting the exchange under this Act, the Secretary shall 2 inspect the non-Federal lands to ensure that the land 3 meets Federal standards, including hazardous materials 4 and land line surveys. 5 (f) COSTS OF CONVEYANCE.—As a condition of con- 6 veyance, any costs related to the exchange under this sec- 7 tion shall be paid by the County. 8 (g) MANAGEMENT OF ACQUIRED LANDS.—The non- 9 Federal land acquired by the Secretary under subsection 10 (a) shall be— 11 (1) added to, and managed as part of, San 12 Bernardino National Forest; and 13 (2) managed in accordance with— 14 (A) the Act of March 1, 1911 (16 U.S.C. 15 480 et seq.; commonly known as the ‘‘Weeks 16 Act’’); and 17 (B) any other laws, including regulations, 18 pertaining to National Forest System lands. 19 (h) PACIFIC CREST NATIONAL SCENIC TRAIL RELO- 20 CATION.—Not later than 3 years after the date of enact- 21 ment of this Act, the Secretary, in accordance with the 22 National Environmental Policy Act of 1969 (42 U.S.C. 23 4321 et seq.) and other applicable laws (including regula- 24 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 6 HR 255 RFS tions), shall relocate the portion of the Pacific Crest Na- 1 tional Scenic Trail located on the Federal land to— 2 (1) adjacent National Forest System land; 3 (2) land owned by the County, subject to Coun- 4 ty approval; 5 (3) land within the Federal land, subject to 6 County approval; or 7 (4) a combination of paragraphs (1), (2), and 8 (3). 9 (i) MAP AND LEGAL DESCRIPTIONS.—As soon as 10 practicable after the date of the enactment of this Act, 11 the Secretary shall finalize a map and legal descriptions 12 of all land to be conveyed under this Act. The Secretary 13 may correct any minor errors in the map or in the legal 14 descriptions. The map and legal descriptions shall be on 15 file and available for public inspection in appropriate of- 16 fices of the Forest Service. 17 (j) APPLICABLE LAW.—Section 206 of the Federal 18 Land Policy and Management Act of 1976 (43 U.S.C. 19 1716) shall apply to the land exchange authorized under 20 subsection (a). 21 (k) ADDITIONAL TERMS AND CONDITIONS.—Any 22 conveyance of Federal land under this Act shall be subject 23 to— 24 (1) valid existing rights; 25 VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS 7 HR 255 RFS (2) the terms of this Act; and 1 (3) such terms and conditions as the Secretary 2 may require. 3 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 4 The budgetary effects of this Act, for the purpose of 5 complying with the Statutory Pay-As-You-Go Act of 2010, 6 shall be determined by reference to the latest statement 7 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 8 Act, submitted for printing in the Congressional Record 9 by the Chairman of the House Budget Committee, pro- 10 vided that such statement has been submitted prior to the 11 vote on passage. 12 Passed the House of Representatives November 20, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:16 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H255.RFS H255 kjohnson on DSK79L0C42 with BILLS