[House Report 115-996]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-996
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BIG BEAR LAND EXCHANGE ACT
_______
October 30, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 5513]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (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, 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 all after the enacting clause and insert the
following:
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.
PURPOSE OF THE BILL
The purpose of H.R. 5513 is to provide for an exchange of
lands with San Bernardino County, California, to enhance
management of lands within the San Bernardino National Forest.
BACKGROUND AND NEED FOR LEGISLATION
San Bernardino County, located in southeastern California,
is the largest county in the contiguous United States, spanning
nearly 13 million acres.\1\ The mountain region of the County
is home to a large section of the San Bernardino National
Forest and like many counties in the western United States,
almost 80% of the entire county is owned by the federal
government.\2\
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\1\``County Profile.'' 2015 San Bernardino County Community
Indicators Report. http://cms.sbcounty.gov/Portals/21/
Resources%20Documents/CIR_2015_Report.pdf
\2\Id.
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The County currently owns approximately 71 acres of land
within the San Bernardino Forest northeast of Big Bear City and
has proposed to convey this land to the U.S. Forest Service
(USFS) in exchange for 73 acres of USFS land further north.\3\
H.R. 5513 authorizes this conveyance. The bill also requires
the County to pay for all required surveys, appraisals, and any
other costs necessary to facilitate the exchange.
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\3\U.S. Forest Service ``Big Bear Land Exchange'' Vicinity Map
dated August 6, 2018.
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The federal land parcel in this exchange contains a portion
of the Pacific Crest National Scenic Trail. As a result, H.R.
5513 would require that USFS relocate that portion of the Trail
before the completion of the land exchange.
The County plans to use the 73 acres to build a timber
processing facility in a safe and remote site further away from
Big Bear City and closer to the trees being processed.\4\
Currently, trees from the Forest are driven down the mountain
through a narrow and winding pass to a processing facility in
the valley, resulting in multiple traffic accidents yearly.\5\
The land exchange and the subsequent new processing facility
will help alleviate the traffic and make the mountain road
safer for those who live in and visit the Forest.
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\4\Letter of Support for the Big Bear Land Exchange from 8 Big Bear
Agencies and Groups.
\5\Information provided to the Committee by the bill sponsor.
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The land exchange has strong local support including: The
City of Big Bear Lake, Friends of Big Bear Valley, the Big Bear
Fire Department, the Big Bear City Community Services District,
Big Bear Municipal Water District, Bear Valley Community
Healthcare District, the Big Bear Chamber of Commerce, and the
local Big Bear Group chapter of the Sierra Club.\6\
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\6\Letter of Support for the Big Bear Land Exchange from 8 Big Bear
Agencies and Groups.
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COMMITTEE ACTION
H.R. 5513 was introduced on April 13, 2018, by Congressman
Paul Cook (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On September 5, 2018, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Paul Cook offered
an amendment designated #1; it was adopted by unanimous
consent. No additional amendments were offered, and the bill,
as amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 20, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5513, the Big Bear
Land Exchange Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5513--Big Bear Land Exchange Act
H.R. 5513 would direct the Forest Service to exchange, at
the request of San Bernardino County, California, 73 acres of
federal lands in the San Bernardino National Forest for 71
acres of lands owned by the county. The bill would require the
county to pay any administrative costs associated with the land
exchange.
H.R. 5513 also would direct the Forest Service to relocate
a portion of the Pacific Crest National Scenic Trail that is
currently located on the federal lands to be exchanged. Using
information from the Forest Service, CBO estimates that
relocating the trail would cost less than $500,000; such
spending would be subject to the availability of appropriated
funds. Most of those costs would be for environmental reviews
and trail construction.
Enacting H.R. 5513 could affect direct spending; therefore,
pay-as-you-go procedures apply. CBO expects that the value of
the federal lands to be conveyed would exceed the value of the
county lands. Under the bill, the county would be required to
adjust the acreage of the land exchange or to make a cash
equalization payment. Those payments would be recorded as
offsetting receipts, which are treated as reductions in direct
spending, and would be available to spend without further
appropriation for acquiring land within the San Bernardino
National Forest. CBO estimates that any such payment would not
be significant and would be offset by subsequent direct
spending; thus, the net effect on direct spending would be
negligible. Enacting the bill would not affect revenues.
CBO estimates that enacting H.R. 5513 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5513 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Janani
Shankaran. The estimate was reviewed by H. Samuel Papenfuss,
Deputy Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for an exchange of lands
with San Bernardino County, California, to enhance management
of lands within the San Bernardino National Forest.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
[all]