H.R. 5513

Big Bear Land Exchange Act

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IIB

115th CONGRESS

2d Session

H. R. 5513

IN THE SENATE OF THE UNITED STATES

December 11, 2018

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.

1.

Short title

This Act may be cited as the Big Bear Land Exchange Act.

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.

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.

Passed the House of Representatives December 10, 2018.

Karen L. Haas,

Clerk