[House Report 106-510]
[From the U.S. Government Publishing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-510
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KERN COUNTY CALIFORNIA LAND EXCHANGE ACT OF 2000
_______
March 2, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 1680]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 1680) to provide for the conveyance of Forest Service
property in Kern County, California, in exchange for county
lands suitable for inclusion in Sequoia National Forest, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kern County California Land Exchange
Act of 2000''.
SEC. 2. LAND EXCHANGE, CAMP OWEN AND RELATED PARCELS, KERN COUNTY,
CALIFORNIA.
(a) Exchange Required.--In exchange for the non-Federal lands and the
additional consideration described in subsection (b), the Secretary of
Agriculture shall convey to Kern County, California, all right, title,
and interest of the United States in and to four parcels of land under
the jurisdiction of the Forest Service in Kern County, as follows:
(1) Approximately 70 acres known as Camp Owen.
(2) Approximately 4 acres known as Wofford Heights Park.
(3) Approximately 4 acres known as the French Gulch
maintenance yard.
(4) Approximately 14 acres known as the Kernville Fish
Hatchery.
(b) Consideration.--
(1) Conveyance of non-federal lands.--As consideration for
the conveyance of the Federal lands referred to in subsection
(a), Kern County shall convey to the Secretary a parcel of land
consisting of approximately 52 acres of Greenhorn Mountain Park
in Kern County, California, which is owned by Kern County
within Sequoia National Forest.
(2) Replacement facility.--As additional consideration for
the conveyance of the storage facility located at the
maintenance yard referred to in subsection (a)(3), Kern County
shall provide a replacement storage facility of comparable size
and condition, as acceptable to the Secretary, at the Greenhorn
Ranger District Lake Isabella Maintenance Yard property.
(3) Cash equalization payment.--As additional consideration
for the conveyance of the Federal lands referred to in
subsection (a), Kern County shall tender a cash equalization
payment specified by the Secretary, but not to exceed $100,000.
Subject to such limitation, the cash equalization payment shall
be based upon an appraisal performed at the option of the
Forest Service pursuant to section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
(c) Conditions on Acceptance.--Title to the non-Federal lands to be
conveyed under this section must be acceptable to the Secretary, and
the conveyance shall be subject to valid existing rights of record. The
non-Federal lands shall conform with the title approval standards
applicable to Federal land acquisitions.
(d) Time for Conveyance.--Subject to subsection (c), the Secretary
shall complete the conveyance of the Federal lands under subsection (a)
within three months after Kern County tenders to the Secretary the
consideration required by subsection (b).
(e) Status of Acquired Lands.--Upon approval and acceptance of title
by the Secretary, the non-Federal lands conveyed to the United States
under this section shall become part of Sequoia National Forest, and
the boundaries of the national forest shall be adjusted to include the
acquired lands. The Secretary shall manage the acquired lands for
recreational purposes in accordance with the laws and regulations
pertaining to the National Forest System. For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the national forest, as adjusted pursuant to this
section, shall be considered to be the boundaries of the national
forest as of January 1, 1965.
(f) Relationship to Environmental Liability.--In connection with the
conveyances under this section, the Secretary may require such
additional terms and conditions related to environmental liability as
the Secretary considers appropriate to protect the interests of the
United States.
(g) Legal Descriptions.--The exact acreage and legal description of
the real property to be exchanged under this section shall be
determined by a survey or surveys satisfactory to the Secretary. The
costs of any such survey, as well as other administrative costs
incurred to execute the land exchange (other than costs incurred by
Kern County to comply with subsection (h)), shall be divided equally
between the Secretary and Kern County.
(h) Treatment of Existing Utility Lines at Camp Owen.--Upon receipt
of the Federal lands described in subsection (a)(1), Kern County shall
grant an easement, and record the easement in the appropriate office,
for permitted or licensed uses of those lands that are unrecorded as of
the date of the conveyance.
(i) Applicable Law.--Except as otherwise provided in this section,
any exchange of National Forest System land under this section shall be
subject to the laws (including regulations) applicable to the
conveyance and acquisition of land for the National Forest System.
PURPOSE OF THE BILL
The purpose of H.R. 1680 is to provide for the conveyance
of Forest Service property in Kern County, California, in
exchange for county lands suitable for inclusion in Sequoia
National Forest.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1680 provides for the exchange of land in the Sequoia
National Forest for land and other items currently owned by
Kern County, California.
In the bill as introduced, the Sequoia National Forest
lands to be conveyed included a 104-acre parcel known as Camp
Owen, a juvenile justice facility which has been operated by
Kern County for the last 50 years; Wofford Heights Park,
consisting of approximately 4 acres in the small rural
community of Wofford Heights; and the French Gulch maintenance
yard (approximately 3.4 acres), which is used by Kern County
for maintenance of its parks. A fish hatchery, operated by the
State of California under permit from the Forest Service, is
located across the road from Camp Owen and was included within
the parcel to be transferred to County ownership. No disruption
of operations is anticipated, since Kern County intends to
continue the State's permit to operate the hatchery.
Kern County owns and operates the Greenhorn Mountain Park,
a 160-acre forested park located within the Sequoia National
Forest. The Park includes camp sites, cabins, a recreational
hall and mess halls, as well as an outdoor amphitheater. In
addition, the Forest Service operates an emergency aid office
there, uses the roads and water system to serve other national
forest lands, and uses sheds on the site to store Forest
Service equipment. In exchange for the federal lands to be
conveyed, under the bill as introduced, the County would have
transferred the entire 160-acre parcel to the Forest Service.
As introduced, the legislation would eliminate an inholding
in the Sequoia National Forest and enable the Forest Service to
use the Greenhorn property without requiring a County permit.
In exchange, Kern County would acquire Camp Owen and two minor
properties which do not have forest characteristics, are not
used by the Forest Service, and in which the County has
invested both time and money. The exchange would also assure
the continued operation of the Camp Owen juvenile justice
facility by Kern County without the need for a special use
permit.
Following the hearing on this bill, the bill was amended at
Full Committee to reflect a recent agreement between the County
and the Forest Service. As reported, H.R. 1680 would provide
that approximately 92 acres of National Forest land be conveyed
to Kern County and approximately 52 acres of the County's
Greenhorn Mountain Park be conveyed to the U.S. Forest Service
(eliminating the developed acreage at Greenhorn Mountain Park
from the exchange). It also provides for a cash equalization
payment from Kern County to the Forest Service not to exceed
$100,000. In addition, as consideration for the conveyance of a
storage facility at the French Gulch maintenance yard, Kern
County will provide a replacement storage facility of
comparable size and condition. This requirement may be met by
moving the existing facility or replacing it with a comparable
one, to be installed on a prepared site at the Forest Service
offices at Lake Isabella. The bill as reported also provides
that an easement will be granted by Kern County for existing
utility lines on the Camp Owen property. These changes were
developed in final negotiations between Kern County and the
Sequoia National Forest to address the Administration's
concerns with the introduced bill and to provide continued
access for the owner of existing utility lines at Camp Owen.
COMMITTEE ACTION
H.R. 1680 was introduced on May 4, 1999, by Congressman
William Thomas (R-CA). The bill was referred to the Committee
on Resources, and within the Committee to the Subcommittee on
Forests and Forest Health. On October 19, 1999, the
Subcommittee held a hearing on the bill, where Rep. Thomas and
the Forest Service testified. The Forest Service opposed the
legislation as drafted and expressed its willingness to find a
compromise. On November 2, 1999, the Subcommittee met to mark
up the bill. No amendments were offered and the bill was
ordered favorably reported to the Full Committee by voice vote.
On February 16, 2000, the Full Resources Committee met to
consider the bill. Chairman Don Young (R-AK) offered an
amendment in the nature of a substitute, as described above.
The amendment was adopted by voice vote. The bill as amended
was then ordered favorably reported to the House of
Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title of the bill, the ``Kern
County California Land Exchange Act of 2000.''
Section 2. Land exchange, Camp Owen and related parcels, Kern County,
California
Section 2 (as amended) provides for the exchange of 92
acres of National Forest land to Kern County, California, and
52 acres of County land to the U.S. Forest Service; a cash
equalization payment; and conditions for acceptance and
conveyance.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 1680 would result in increased offsetting
receipts of approximately $30,000 to $50,000.
3. Government Reform Oversight Findings. Under clause
3(c)(4) of rule XIII of the Rules of the House of
Representatives, the Committee has received no report of
oversight findings and recommendations from the Committee on
Government Reform on this bill.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 29, 2000.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1680, the Kern
County California Land Exchange Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contract is Deborah
Reis.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 1680--Kern County California Land Exchange Act of 2000
CBO estimates that enacting H.R. 1680 would have no
significant effect on the federal budget. Because the bill
could increase offsetting receipts (a form of direct spending),
pay-as-you-go procedures would apply, but CBO estimates that
the one-time increase in receipts would be between $30,000 and
$50,000 in fiscal year 2001. H.R. 1680 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act. Any costs incurred by Kern County
to achieve this exchange would be voluntary. Enactment of the
bill would have no other significant impact on the budgets of
state, local, or tribal governments.
H.R. 1680 would provide for a property exchange between the
federal government and Kern County, California, involving land
and structures within the boundaries of the Sequoia National
Forest. The bill would direct the Secretary of Agriculture to
convey to the county about 92 acres of federal property in
exchange for about 52 acres of county-owned land within Sequoia
National Forest. In additional to land, the county also would
convey a storage facility to the federal government, and a cash
payment of up to $100,000.
According to the Forest Service, the federal land to be
conveyed to the county in the proposed exchange includes a 56-
acre site as a juvenile justice facility by Kern County under
permit from the Forest Service. The federal acreage also
includes a fish hatchery, a maintenance yard, and a maintenance
building. Based on information provided by the Agency, CBO
estimates that the difference in the value of the lands to be
exchanged is between $30,000 and $50,000, necessitating a cash
equalization payment to the federal government. The county land
to be acquired is undeveloped land in Greenhorn Mountain Park.
Administering the new acreage would not have any significant
impact on the Forest Service budget. The land would remain
undeveloped.
The CBO staff contact is Deborah Reis. This estimate was
approved by Peter H. Fontaine, Deputy Assistant Director for
Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.