Received; read twice and referred to the Committee on Energy and Natural Resources
August 5, 2010
Reported by Mr. BINGAMAN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To authorize the conveyance of certain National Forest System lands in the Los Padres National Forest in California.
(a) In General- Subject to the provisions of this Act shall be determined bysection, if the Foundation offers to convey to the Secretary all right, title, and interest of the Foundation in and to a survey satisfactory to the Secretary.(d) Valuation- Any appraisal of the real property to be conveyed under this Act shall conform to the Uniform Appraisal Standards forparcel of non-Federal land that is acceptable to the Secretary--
(1) the Secretary shall accept the offer; and
(2) on receipt of acceptable title to the non-Federal land, the Secretary shall convey to the Foundation all right, title, and interest of the United States in and to the Federal land.
(b) Applicable Law- The land exchange authorized under subsection (a) shall be subject to section 206 of the Federal Land Acquisitions, and the appraisal shall be subject to the approval of the Secretary.(e) Consideration- ConsiderationPolicy and Management Act of 1976 (43 U.S.C. 1716).
(c) Time for conveyance of real property underCompletion of Land Exchange- It is the intent of Congress that the land exchange under subsection (a) shall be completed not later than 2 years after the date of enactment of this Act shall be in an amount.
(d) Authority of Secretary to Conduct Sale of Federal Land- If the land exchange under subsection (a) is not less than the appraisedcompleted by the date that is 2 years after the date of enactment of this Act, the Secretary may offer to sell to the Foundation the Federal land for fair market value.
(e) Additional Terms and Conditions- The land exchange under subsection (a) and any sale under subsection (d) shall be subject to--
(1) valid existing rights;
(2) the Secretary finding that the public interest would be well served by making the exchange or sale;
(3) any terms and conditions that the Secretary may require; and
(4) the Foundation paying the reasonable costs of any surveys, appraisals, and any other administrative costs associated with the land exchange or sale.
(f) Treatment of Proceeds- The gross proceeds from the conveyance of real property under this Act shall be depositedAppraisals-
(1) IN GENERAL- The land conveyed under subsection (a) or (d) shall be appraised by an independent appraiser selected by the Secretary.
(2) REQUIREMENTS- An appraisal under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal Land Acquisitions; and
(B) the Uniform Standards of Professional Appraisal Practice.
(g) Disposition of Proceeds-
(1) IN GENERAL- The Secretary shall deposit in the fund established by underPublic Law 90-171 (commonly known as the ‘Sisk Act’; ) (16 U.S.C. 484a) . Theany amount so depositedreceived by the Secretary as the result of--
(A) any cash equalization payment made under subsection (b); and
(B) any sale carried out under subsection (d).
(2) USE OF PROCEEDS- Amounts deposited under paragraph (1) shall be available to the Secretary, without further appropriation, for expenditure and until expended, for the acquisition of land or interests in land in the Los Padres National Forest.
(g) Pre-existing Rights- As a condition of the conveyance authorized under subsection (a), the Secretary shall require the White Lotus Foundation to continue to allow existing access to any roadway that may be conveyed by this Act.
(h) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance Management and Status of Acquired Land- Any non-Federal land acquired by the Secretary under this Act shall be managed by the Secretary in accordance with--
(1) the Act of March 1, 1911 (commonly known as the Secretary considers appropriate to protect the interests of the United States.(i) Survey and Administrative Costs- The White Lotus Foundation shall pay the reasonable costs of
survey, appraisal, and‘Weeks Law’) (16 U.S.C. 480 et seq.); and
(2) any other administrative costs associated with the conveyance.Passed the House of Representatives July 16, 2009.
Attest:
LORRAINE C. MILLER,
Clerk.
laws (including regulations) applicable to the National Forest System.
Calendar No. 540
111th CONGRESS
2d Session
H. R. 129
[Report No. 111-270]
AN ACT
To authorize the conveyance of certain National Forest System lands in the Los Padres National Forest in California.
August 5, 2010
Reported with an amendment