S.Amdt. 1834Senate116th Congress (2019-2021)
S.Amdt. 1834
Sponsored by
Sen. Dianne Feinstein (D-CA)
Submitted June 25, 2020
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Senate amendment submitted
June 25, 2020
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Submitted
SA 1834. Mrs. FEINSTEIN submitted an amendment intended to be proposed by her to the bill S. 4049, to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA. (a) Definitions.--In this section: (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 generally depicted as ``Federal Land Proposed for Exchange'' on the map entitled ``Big Bear Land Exchange'' and dated August 6, 2018. (3) Non-federal land.--The term ``non-Federal land'' means the approximately 71 acres of land owned by the County generally depicted as ``Non-Federal Land Proposed for Exchange'' on the map referred to in paragraph (2). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Exchange Authorized.--Subject to valid existing rights and this section, not later than 1 year after the date on which the portion of the Pacific Crest National Scenic Trail is relocated in accordance with subsection (i), 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. (c) Equal Value and Cash Equalization.-- (1) Equal value exchange.-- (A) In general.--The land exchange under this section shall be for equal value, or the values of the land exchanged under this section shall be equalized by-- (i) a cash payment in accordance with this subsection; or (ii) an adjustment in acreage. (B) Gift.--At the option of the County, any amount by which the value of the non-Federal land exceeds the value of the Federal land may be considered a gift to the United States. (2) Cash equalization payment.--The County may equalize the values of the land to be exchanged under this section by cash payment without regard to any statutory limitation 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-- (A) be deposited in the fund established under Public Law 90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a); and (B) remain available to the Secretary, until expended, for the acquisition of land, water, and interests in land for the San Bernardino National Forest. (d) Appraisal.--The Secretary shall complete an appraisal of the land to be exchanged under this section in accordance with-- (1) the Uniform Appraisal Standards for Federal Land Acquisitions; and (2) the Uniform Standards of Professional Appraisal Practice. (e) Title Approval.--Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary and the County. (f) Survey of Non-Federal Land.--Before completing the exchange under this section, the Secretary shall inspect the non-Federal land to ensure that the land meets Federal standards, including with respect to hazardous materials and land line surveys. (g) Costs of Conveyance.--As a condition of the conveyance of the Federal land under this section, any costs related to the exchange under this section shall be paid by the County. (h) Management of Acquired Lands.--The Secretary shall manage the non-Federal land acquired under this section in accordance with-- (1) the Act of March 1, 1911 (commonly known as the ``Weeks Law'') (36 Stat. 961, chapter 186; 16 U.S.C. 552 et seq.); and (2) other laws and regulations applicable to National Forest System land. (i) Pacific Crest National Scenic Trail Relocation.--Not later than 3 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-- (1) to adjacent National Forest System land; (2) to land owned by the County, subject to County approval; (3) to land within the Federal land, subject to County approval; or (4) in a manner that combines 2 or more of the options described in paragraphs (1), (2), and (3). (j) Map and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal descriptions of all land to be conveyed under this section. (2) Corrections.--The Secretary may correct any minor errors in the map or in the legal descriptions prepared under paragraph (1). (3) Public availability.--The map and legal descriptions prepared under paragraph (1) shall be on file and available for public inspection in appropriate offices of the Forest Service. ______