This is dated January 27, 2012.
(Original Signature of Member)
112TH CONGRESS
2D SESSION H. R. ll
To designate additional National Forest System land in the Los Padres
National Forest in the State of California as wilderness, to make
certain wild and scenic river designations in that National Forest, to
designate the Condor Ridge Scenic Area, to address off highway vehicle
use in that National Forest, to facilitate a land exchange with the
United Water Conservation District of California, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. GALLEGLY introduced the following bill; which was referred to the Committee on
A BILL
To designate additional National Forest System land in the Los Padres
National Forest in the State of California as wilderness, to make
certain wild and scenic river designations in that National Forest, to
designate the Condor Ridge Scenic Area, to address off highway vehicle
use in that National Forest, to facilitate a land exchange with the
United Water Conservation District of California, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE. - This Act may be cited as the 'Los Padres Conservation and Recreation Act of 2012'.
(b) TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purpose.
Sec. 3. Effect on existing uses.
Sec. 4. False surveys within the National Forest.
TITLE I - ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM
Sec. 101. Designation of wilderness, Los Padres National Forest.
Sec. 102. Administration.
TITLE II - ADDITIONS TO NATIONAL WILD AND SCENIC RIVER SYSTEM
Sec. 201. Designation of wild and scenic rivers.
TITLE III - CONDOR RIDGE SCENIC AREA
Sec. 301. Condor Ridge Scenic Area, Los Padres National Forest.
Sec. 302. Administration.
TITLE IV - OFF HIGHWAY VEHICLE USE
Sec. 401. Off highway vehicle use.
Sec. 402. Construction of new trails.
Sec. 403. Trail construction, maintenance, and repair.
TITLE V - LAND EXCHANGE
Sec. 501. Short title.
Sec. 502. Land exchange, Los Padres National Forest.
SEC. 2. PURPOSE.
The purpose of this Act is to conserve, protect, and enhance the
outstanding recreational, ecological, scenic, archaeological, cultural,
historic, and other resources of the Los Padres National Forest in the
State of California (in this Act referred to as the 'National Forest').
SEC. 3. EFFECT ON EXISTING USES.
Nothing in this Act shall affect trails in use in the Los Padres
National Forest, whether or not indicated on a map, on the date of the
enactment of this Act. It is the intent of Congress that there shall be
no net loss of trail miles in and recreational value of the National
Forest. Prior to closing any trail in the National Forest, the
Secretary of Agriculture (in this Act referred to as the 'Secretary')
shall establish and open one or more new trails in the National Forest
of corresponding distance and recreational value as the trail to be
closed. Nothing in this Act shall affect current legal access for rock
hounding in the National Forest. The Secretary shall endeavor to expand
access to the National Forest to all people, including people with
disabilities.
SEC. 4. FALSE SURVEYS WITHIN THE NATIONAL FOREST.
The Secretary of Agriculture shall endeavor to correct all incorrect
land surveys involving lands located in the Los Padres National Forest.
TITLE I - ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM
SEC. 101. DESIGNATION OF WILDERNESS, LOS PADRES NATIONAL FOREST.
(a) DESIGNATION. - In furtherance of the purposes of the Wilderness Act
(16 U.S.C. 1131 et seq.), the following National Forest System lands in
the State of California administered as part of the Los Padres National
Forest are designated as wilderness and as additions to existing
components of the National Wilderness Preservation System:
(1) Certain National Forest System lands comprising approximately 2,269
acres, as generally depicted on the map entitled 'Proposed Additions to
Dick Smith Wilderness-East' and dated _____ , and approximately 32,676
acres, as generally depicted on the map entitled 'Proposed Additions to
Dick Smith Wilderness Additions- South & West' and dated ____ ,
which are added to and shall be administered as part of the Dick Smith
Wilderness designated by section 101(a)(6) of the California Wilderness
Act of 1984 (Public Law 98-425; 98 Stat. 1620).
(2) Certain National Forest System lands comprising approximately
16,608 acres, as generally depicted on the map entitled 'Proposed
Additions to Matilija Wilderness Additions-North & East' and dated
____22 , which are added to and shall be administered as part of the
Matilija Wilderness designated by section 2(2) of Public Law 102-301
(106 Stat. 242).
(3) Certain National Forest System lands comprising approximately 4,926
acres, as generally depicted on the map entitled 'Proposed Additions to
Sespe Wilderness Additions-North' and dated ___5 , and approximately
9,563 acres, as generally depicted on the map entitled 'Proposed
Additions to Sespe Wilderness Additions-West' and dated ____8 , which
are added to and shall be administered as part of the Sespe Wilderness
designated by section 2(1) of Public Law 102-301 (106 Stat. 242).
(b) MAPS AND LEGAL DESCRIPTIONS.
(1) FILING. - The Secretary of Agriculture shall file a map and a legal
description of each wilderness area expanded by this section with-
(A) the Committee on Energy and Natural Resources of the Senate; and
(B) the Committee on Natural Resources of the House of Representatives.
(2) FORCE OF LAW; CORRECTIONS. - The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if included
in this section, except that the Secretary may correct any technical
errors in the maps and legal descriptions.
(3) PUBLIC AVAILABILITY. - Each map and legal description filed under
paragraph (1) shall be on file and available for public inspection in
the ap4 propriate offices of the Forest Service.
(c) ROADWAY SETBACK.
In preparing the maps and legal descriptions required by subsection
(b), the Secretary shall ensure that there is a setback of at least
1,000 feet from the center-line of California State Route 33 to the
boundary of the land designated as wilderness by this section.
SEC. 102. ADMINISTRATION.
(a) IN GENERAL.
Subject to valid existing rights, the land designated as wilderness by
this title shall be administered by the Secretary of Agriculture in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except
that, with respect to such land, any reference in the Wilderness Act to
the effective date of the Wilderness Act shall be considered to be a
reference to the date of the enactment of this Act.
(b) INCORPORATION OF ACQUIRED LAND AND INTERESTS.
Any land within the boundary of a wilderness area expanded by this title that is acquired by the United States shall
(1) become part of the wilderness area in which the land is located;
(2) be managed in accordance with this Act and any other applicable law; and
(3) not allow for new power to regulate wilderness laws on adjoining private land.
(c) BUFFER ZONES.
(1) IN GENERAL. - Congress does not intend for the designation of land
as wilderness by this title to lead to the creation of protective
perimeters or buff er zones beyond the border of each wilderness area
expanded by this title.
(2) ACTIVITIES OR USES UP TO BOUNDARIES. - The fact that non-wilderness
activities or uses can be seen or heard from land designated as
wilderness by this title shall not preclude or provide the basis to
regulate the activities or uses up to the boundary of each wilderness
area expanded by this title.
(d) FISH AND WILDLIFE.
Nothing in this section affects the jurisdiction or responsibilities of
the State of California with respect to fish and wildlife.
(e) FIRE MANAGEMENT AND RELATED ACTIVITIES.
(1) IN GENERAL. - The Secretary may take such measures with respect to
land designated as wilderness by this title, as are necessary for the
pre vention and control of fire, insects, and diseases in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
House Report 98- of the 98th Congress.
(2) AUTHORIZED MEASURES FOR FIRE SUPPRESSION AND PRESUPPRESSION. - For
purposes of responding to a wildfire that threatens a community, the
designation of land as wilderness by this title shall not be construed
as interfering with, or pre venting, the use by the Secretary, the
Forest Super visor, or a Federal Incident Commander of any mod11 ern
method of fire suppression and prevention on the designated land,
including methods involving the use of mechanized heavy equipment.
(3) FIRE PRE-SUPPRESSION POLICY. - The Secretary shall use existing
authority and available resources to implement fire pre-suppression
activities to reduce the risk posed to neighboring communities by
wildfire and by post-wildfire hazards on the land designated as
wilderness by this title.
(4) PRE-SUPPRESSION ACTIVITIES:
IN GENERAL. - In carrying out pre suppression activities on the land
designated as wilderness by this title, the Secretary may use motorized
equipment and mechanized transport, including chainsaws, helicopters,
portable water pumps, heavy equipment, and motorized vehicles.
IMPLEMENTATION. - Implementation of pre-suppression activities under
subparagraph (A) shall be consistent with wilderness values and shall
consider the impact of the pre suppression activities on wildfire
management of adjacent non-Federal lands.
(f) COORDINATION WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION.
In managing the land designated as wilderness by this title located
along California State Route 33, the Secretary shall coordinate with
the California Department of Transportation in order to identify, and
mutually agree upon, mechanisms by which the Cali fornia Department of
Transportation can continue to maintain and operate State Route 33
without interruption, especially during expedited emergency lifeline
repair projects, while concurrently working to address and achieve the
management goals of these wilderness designa tions.
(g) OVERFLIGHTS.
Nothing in this Act shall pre clude low-level overflights of military
aircraft, the designa tion of new units of special airspace, or the use
or estab lishment of military flight training routes over the land
designated as wilderness by this title.
(h) GRAZING.
With respect to the land designated as wilderness by this title, the
grazing of livestock and the maintenance of existing structures that
are used for graz ing, in areas in which grazing is established as of
the date of enactment of this Act shall be allowed to continue con
sistent with section 4(d)(4) of the Wilderness Act (16 U.S.C.
133(d)(4)) and the guidelines described in Appen dix A of House Report
101-405.
(i) APPLICABILITY TO ENTIRE WILDERNESS AREA.
The provisions of this section shall apply to the entirety of each
wilderness area expanded by this title, not just to land designated as
wilderness by this title.
(j) PRIVATE LAND ISOLATED INSIDE NEW WILDERNESS ADDITIONS.
If private lands are in any way made inaccessible by motorized vehicles
due to the designation of land as wilderness by this title, the lawful
owner of such property shall be allowed right of way to their property
with motor vehicles in a manner to which they were accus19 tomed before
the date of the enactment of this Act.
TITLE II - ADDITIONS TO NATIONAL WILD AND SCENIC RIVER SYSTEM
SEC. 201. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end of the following:
(lll8 ) UPPER PIRU CREEK, CALIFORNIA.
(A) DESIGNATION. - Approximately 38.5 miles of Upper Piru Creek from
its headwaters within the Sespe Wilderness in the southwest corner of
Sec 3,T6N, R22W, SBBM, to the confluence with Buck Creek, to be
administered by the Secretary of Agriculture in the following classes:
(i) The approximately 5.8-mile segment from its headwaters within the
Sespe Wilderness in the southwest corner of Sec tion 3, T6N, R22W,
SBBM, to the eastern edge of Section 31, T7N, R21W, SBBM, as a wild
river.
(ii) The approximately 20.4-mile seg ment from the Sespe Wilderness
boundary along the eastern edge of Sec 31, T7N, R21W, SBBM, to
one-quarter mile below Gold Hill crossing in Sec 18, T7N, R19W, SBBM),
as a scenic river.
(iii) The approximately 4.7-mile seg ment from one-quarter mile below
Gold Hill crossing Sec 18, T7N, R19W, SBBM to the Castaic Mine located
on private land in Sec 22, T7N, R19W, SBBM, as a wild river.
(iv) The approximately 7.25-mile segment from Castaic Mine located on
private land in Sec 22, T7N, R19W, SBBM, to the confluence with Buck
Creek, as a scenic river.
(B) EFFECT OF DESIGNATION.-Nothing in subparagraph (A) shall affect the
designated use, including motorized and mechanized vehi cles, of the
Snowy Creek Trail (19W04) that runs along Upper Piru Creek.
(ll19 ) UPPER SESPE CREEK, CALIFORNIA.
(A) DESIGNATION.-Approximately 11.5 miles of Upper Sespe Creek from the
confluence of Chorro Grande Canyon to the confluence of Rock Creek in
the northwest 1/4 of Sec 5. T5N, R22W, SBBM, to be administered by the
Sec retary of Agriculture in the following classes:
(i) The approximately 9.5-mile seg ment from the confluence of Chorro
Grande Canyon to the section line dividing Sec 1, T5N, R23W, and Sec 6,
T5N, R22W, SBBM, as a recreational river.
(ii) The approximately 2.0-mile seg ment from the section line dividing
Sec 1, T5N, R23Wand Sec 6, T5N, R22W, SBBM to the confluence of Rock
Creek in the northwest 1/4 of Sec 5, T5N, R22W, SBBM, as a scenic river.
(B) EFFECT OF DESIGNATION.-Nothing in subparagraph (A) shall effect the
mainte nance, repair, or improvements of California Highway 33 by the
California Department of Transportation.
(ll17 ) MONO CREEK, CALIFORNIA.
Approximately 24.2 miles of Mono Creek from the source to the upper
extent of the Mono Debris Basin in the northeast corner of Township 5
N., Range 26 W., Section 5, SBBM, to be administered by the Sec22
retary of Agriculture in the following classes:
(A) The approximately 4.5-mile segment from the source of Mono Creek to
the boundary of the Dick Smith Wilderness in Sec 28, T 7N, R25W, SBBM,
as a wild river.
(B) The approximately 19.7-mile segment from the boundary of the Dick
Smith Wilderness to the upper extent of the Mono Debris Basin in the
northeast corner of Sec 5, T5N, R26W, SBBM, as a scenic river.
(ll8) INDIAN CREEK, CALIFORNIA.
Approximately 14.7 miles of Indian Creek from a point in the Dick Smith
Wilderness near Bluff Camp in Sec 19, T7N, R26W, SBBM to the upstream
extent of the Mono Debris Basin in the northeast corner of Sec 6, T5N,
R26W, SBBM, to be administered by the Secretary of Agriculture as a
wild river.
TITLE III - CONDOR RIDGE SCENIC AREA
SEC. 301. CONDOR RIDGE SCENIC AREA, LOS PADRES NATIONAL FOREST.
(a) ESTABLISHMENT AND PURPOSES.
(1) ESTABLISHMENT. - Subject to valid existing rights, there is
established within the Los Padres National Forest the Condor Ridge
Scenic Area (in this title referred to as the 'scenic area').
(2) AREA INCLUDED. - The scenic area shall consist of approximately lll
25 acres of National Forest System land in the Los Padres National For
est, as generally depicted on the map entitled 'lllllllll3' and dated
llllll4 .
(3) PURPOSES. - The purposes of the scenic area are to conserve,
protect, and enhance the out standing ecological, geological, scenic,
recreational, archaeological, cultural, historic, and other resources
of the scenic area.
(b) MAP AND DESCRIPTION.
(1) PREPARATION AND SUBMISSION. - the Secretary of Agriculture shall file a map and legal description of the scenic area with -
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
(2) LEGAL EFFECT. - The map and legal descriptions of the scenic area
filed under paragraph (1) shall have the same force and effect as if in
cluded in this Act, except that the Secretary may correct errors in the
map and legal description.
(3) PUBLIC AVAILABILITY. - The map and legal description filed under
paragraph (1) shall be filed and made available for public inspection
in the appropriate offices of the Forest Service.
(c) EXISTING USES.
Nothing in this title shall affect recreational uses, including roads,
water developments and associated facilities, grazing, mountain bikes,
hunting, rock hounding, sport shooting, camping and uses under special
use authorizations in the scenic area in existence on the date of
enactment of this Act.
SEC. 302. ADMINISTRATION.
(a) IN GENERAL.
The Secretary of Agriculture shall
(1) administer the scenic area
in furtherance of the purposes of the scenic area described in section 301; and
in accordance with this section and any laws (including regulations) relating to the National Forest System; and
(2) only allow such uses in the scenic area as are consistent with the purposes of the scenic area.
(b) MOTORIZED VEHICLES.
(1) IN GENERAL. - Except in cases in which motorized vehicles are
needed for administrative purposes, or to respond to an emergency, and
as provided in subsection (c), the use of motorized vehicles in the
scenic area shall be permitted only on roads and trails designated for
use by such vehicles as of the date of enactment of this Act.
(2) LIMITATION. - Nothing in this section shall be construed as
precluding the Secretary from clos ing any road, trail, or area from
use for purposes of resource protection or public safety.
(c) WILDFIRE OPERATIONS.
Nothing in this section prohibits the Secretary, in cooperation with
other Federal, State, and local agencies, as appropriate, from
conducting wildland fire operations in the scenic area, consistent with
the purposes of the scenic area.
(d) TRAIL MAINTENANCE.
Nothing in this section shall limit the use of motorized or mechanized
equipment for the maintenance of trails within the scenic area, con
sistent with the purposes of the scenic area.
(e) MANAGEMENT PLAN.
(1) IN GENERAL. - Within three years after the date of enactment of
this Act, the Secretary shall develop a comprehensive management plan
for the long-term management of the scenic area.
(2) ADDITIONAL REQUIREMENT. - The management plan shall describe
measures necessary to prevent the unauthorized use of motorized
vehicles within the scenic area.
(f) GRAZING.
The grazing of livestock in the scenic area, where established before
the date of enactment of this Act, shall be permitted to continue-
(1) subject to applicable law; and
(2) in a manner consistent with the purposes of the scenic area.
(g) WITHDRAWAL.
Subject to valid existing rights, any Federal land within the scenic area is withdrawn from all forms of-
(1) entry, appropriation, or disposal under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to min eral and geothermal leasing or mineral materials.
TITLE IV - OFF HIGHWAY VEHICLE USE
SEC. 401. OFF HIGHWAY VEHICLE USE.
(a) DESIGNATION OF ROADS AND TRAILS.
The following roads and trails in the Los Padres National Forest, as
generally depicted on the map entitled 'Wilderness, Special Management
Area, OHV Area and Route Proposal', and dated lllll23 , 2011, are
hereby added to the Motor Vehicle Use Map for the Los Padres National
Forest and are designated for the following use:
(1) Sierra Madre Road (32S13) from the inter section of Forest Road
9N11 at the southern ter minus of Sierra Madre Road (32S13) to the
north4 ern terminus at Highway 166 shall be open to Highway Legal
Vehicles only.
(2) Forest Road 8N08 from junction with For7 est Road 8N09 south
including McKinley fire trail and until junction of Forest Road 6N14
and Forest Road 9N11 shall be open to all vehicles 50 inches or less.
(3) The loop surrounding the Dick Smith Wil derness accessing the areas
around Don Victor and Hildreth Peaks composed of Forest Roads 7N05,
6N11, 6N17, 6N30, and 6N24 shall be open to high clearance vehicles.
(4) Forest Road 6N17 from junction with Forest Road 5N15 to junction
with Forest Road 6N30 shall be open to high clearance vehicles.
(5) Forest Road 5N20 connection 5N12 and 5N18 shall be open to highway legal vehicles.
(6) Forest Road 5N01 from junction with For est Roads 5N16 and 5N15 to
junction with Portrero Seco Road (6N03) shall be open to high clearance
vehicles.
(7) Portrero Seco Road (6N03) from junction with Forest Road 5N13 to
junction with Forest Road 6N11 shall be open to high clearance vehicles.
(8) Ortega Trail shall be open for following uses:
Forest Road 6N011 shall be open to highway legal vehicles.
Northern segment of Forest Road 23W08 shall be open to vehicles 50 inches or less.
Southern segment of Forest Road 23W08 shall be open to motorcycles only.
(b) DESIGNATION OF AREAS.
In order to expand the off highway vehicle trail system in the Los
Padres National Forest and increase the recreational value of the
system, particularly in the eastern end of Ballinger Canyon, the
following areas in the National Forest are hereby designated as off
highway vehicle areas:
(1) Ballinger Canyon OHV Area, as generally depicted on the map entitled 'Proposed Ballinger Canyon OHV Area' and dated lllll.
(2) Mt. Pinos OHV Area, as generally depicted on the map entitled 'Proposed Mt. Pinos OHV Area' and dated llll.
(c) MANAGEMENT.
(1) CLOSURE CONDITION. - If any trail must be closed within an off
highway vehicle area designated by subsection (b), the trail must be
replaced by a new trail of equal distance and recreational value within
the designated area before being closed.
(2) CONDOR PROTECTION. - If it can be demonstrated to the Secretary
that off highway vehicle activity has caused a decline in the local
California Condor population, the Secretary may close trails within an
off highway vehicle area designated by subsection (b) as the Secretary
considers necessary.
SEC. 402. CONSTRUCTION OF NEW TRAILS.
(a) IN GENERAL.
The Secretary of Agriculture shall construct the following new trails,
as generally depicted on the map entitled 'lllllll' and dated llllllll:
(1) A new trail connecting Forest Road 6N24 near Lower Buckhorn
Campground to Buckhorn Road 9N11. The trail shall be open to all
vehicles 50 inches or less in width.
(2) A new trail to be known as the 'Divide Peak Trail' from junction
with Forest Road 5N12 to intersection with Forest Roads 6N03 and 5N13.
The trail shall be open to all motor vehicles 50 inches or less in
width.
(3) A new trail connecting Forest Service High way 95 to the existing
trail system in the Ballinger Canyon OHV area. The trail shall be open
to all vehicles 50 inches or less in width.
(4) A new trail through Lockwood Valley con6 necting the Ballinger
Canyon OHV area and the Mt. Pinos OHV area, from junction with Lockwood
Val8 ley road through junction with Forest Road 8N40, ending at
junction with Forest Road 8N06, as generally depicted on map entitled
'lllll' and dated lllll. The trail shall be open to all vehicles 50
inches or less in width.
(b) ESTABLISHMENT OF SEASONS FOR USE.
The seasons of use for the protection of forest resources on the roads
and trails constructed pursuant to subsection (a) may be established as
considered necessary by the Secretary.
(c) EFFECT.
Upon final construction and incorpora tion of the trail required by
subsection (a)(4) into the Motor Vehicle Use Map for the Los Padres
National For est, the Toad Springs road corridor, as generally depicted
on the map entitled 'lllllll' and dated llllllll, shall be
automatically incorporated in and managed as part of the Chumash
Wilderness in accordance with section 2(a)(5) of Public Law 102-301
(106 Stat. 243).
SEC. 403. TRAIL CONSTRUCTION, MAINTENANCE, AND REPAIR.
It is the sense of Congress that, with respect to the Los Padres
National Forest, the Secretary of Agriculture should fully utilize
existing partnership authorities-
(1) to construct the trails required by section 402; and
(2) to maintain and repair roads and trails (including maintenance and
repair to prevent the need to close a road or trail for disrepair) for
off highway vehicles.
TITLE V-LAND EXCHANGE
SEC. 501. SHORT TITLE.
This title may be cited as the 'Los Padres National Forest Land Exchange Act'.
SEC. 502. LAND EXCHANGE, LOS PADRES NATIONAL FOREST.
(a) LAND EXCHANGE.
In exchange for all right, title, and interest of the United Water
Conservation District of California (in this section referred to as the
'District') in and to the lands described in subsection (b), the
Secretary of Agriculture shall convey to the District all right, title,
and interest of the United States in and to the National Forest System
lands described in subsection (c). The conveyance of National Forest
System lands under this section shall be subject to subjection (g), to
valid existing rights, and to such terms, conditions, and reservations
as may be required by this section or considered necessary by the
Secretary.
(b) LANDS TO BE CONVEYED BY DISTRICT.
The lands to be conveyed by the District under subsection (a) consist
of approximately 340 acres located within Town10 ship 5 North, Range 18
West, San Bernardino Base and Meridian and are more fully described as
follows:
(1) TRACT A.-SE1/4NE1/4 of section 16 (approximately 40 acres).
(2) TRACT B.-NE1/4SE1/4 of section 16 (approximately 40 acres).
(3) TRACT C.-S1/2SE1/4 of section 16 (approximately 80 acres).
(4) TRACT D.-NE1/4 of section 21 (approximately 160 acres).
(5) TRACT E.-N1/2SW1/4SW1/4 of section 15 (approximately 20 acres).
(c) LANDS TO BE CONVEYED BY SECRETARY.
The National Forest System lands to be conveyed by the Secretary under
subsection (a) consist of approximately 440 acres located within
Township 5 North, Range 18 West, San Bernardino Base and Meridian and
are more fully described as follows:
(1) TRACT 1. - E1/2SW1/4 of section 10 (approximately 80 acres).
(2) TRACT 2. - NE1/4NW1/4 of section 15 (approximately 40 acres).
(3) TRACT 3. - S1/2SW1/4SW1/4SE1/4 of section (approximately 5 acres).
(4) TRACT 4. - N1/2S1/2S1/2SE1/4 of section 15 (approximately 20 acres).
(5) TRACT 5. - S1/2N1/2SW1/4SE1/4 of section 15 (approximately 10 acres).
(6) TRACT 6.-N1/2NW1/4SW1/4SE1/4 of section 15 (approximately 5 acres).
(7) TRACT 7. - NW1/4NE1/4SW1/4SE1/4 of section 15 (approximately 2.5 acres).
(8) TRACT 8. - S1/2NW1/4SE1/4SE1/4 of section 15 (approximately 5 acres).
(9) TRACT 9. - SW1/4NE1/4SE1/4SE1/4 of section 15 (approximately 2.5 acres).
(10) TRACT 10. - W1/2W1/2NW1/4SE1/4 of section 15 (approximately 10 acres).
(11) TRACT 11. - SE1/4SW1/4NW1/4SE1/4 of section 15 (approximately 2.5 acres).
(12) TRACT 12. - SW1/4SE1/4NW1/4SE1/4 of section 15 (approximately 2.5 acres).
(13) TRACT 13. - W1/2W1/2SW1/4NE1/4 of section 15 (approximately 10 acres).
(14) TRACT 14. - SW1/4SW1/4NE1/4 of section (approximately 10 acres).
(15) TRACT 15. - NW1/4NW1/4NW1/4NE1/4 of section 22 (approximately 2.5 acres).
(16) TRACT 16. - SW1/4NW1/4SW1/4NE1/4 of section 22 (approximately 2.5 acres).
(17) TRACT 17. - W1/2NW1/4SE1/4 of section 22 (approximately 20 acres).
(18) TRACT 18. - SW1/4SE1/4 of section 22 (approximately 40 acres).
(19) TRACT 19. - E1/2SW1/4 of section 22 (approximately 80 acres).
(20) TRACT 20. - N1/2NW1/4SW1/4 of section (approximately 20 acres).
(21) TRACT 21. - W1/2NE1/4 of section 27 (approximately 60 acres).
(22) TRACT 22. - NE1/4SW1/4NW1/4 of section 27 (approximately 10 acres).
(d) IMPLEMENTATION OF LAND EXCHANGE.-
(1) MAPS; PUBLIC AVAILABILITY. - The lands to be exchanged under this
section are depicted on maps entitled 'Los Padres National Forest Land
Exchange' and dated June 1, 2005. The maps shall be on file and
available for public inspection in appropriate offices of the Forest
Service until completion of the land exchange. The Secretary may also
correct errors in the maps or the accompanying legal descriptions.
(2) MODIFICATION OF STATUTORY TERMS OF EXCHANGE. - By mutual agreement
to facilitate the land exchange under this section, the Secretary and
the District may make de minimus changes to tracts of land involved in
the land exchange or adjust the legal descriptions specified in
subsections (b) and (c) and the boundaries depicted on the maps
referred to in paragraph (1) based upon the environmental analysis
conducted and public input obtained in com plying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(3) PRIORITY FOR COMPLETION. - The Sec retary shall make the land
exchange under this sec tion a priority by endeavoring to complete the
land exchange within two years after the date of the en actment of this
Act.
(4) ADMINISTRATIVE COSTS. - The District shall pay the costs of
conducting the land exchange under this section, including the costs
incurred for environmental analysis, survey, mapping, appraisals,
closing costs, recording fees, and similar expendi tures, but not
including the costs of staff salaries, administrative overhead,
attorney fees, the cost of construction required by subsection (e)(2),
or the costs to cure any title defects.
(5) TITLE STANDARDS. - The Secretary shall require that title to the
District lands to be acquired by the Secretary under this section is in
conformity with the title standards of the Attorney General.
(e) EASEMENTS AND ACCESS.
(1) RESERVATION. - In the conveyance of the National Forest System
lands under this section, the Secretary shall reserve easements for all
roads and trails that the Secretary considers to be necessary or
desirable to provide for administrative purposes and to ensure public
access to National Forest System lands and shall reserve perpetual
unrestricted rights of pedestrian and equestrian access over all
existing roads and trails.
(2) CONSTRUCTION OF PARKING LOT. - As a condition on the receipt of
National Forest System lands under this section, the District shall
agree to construct a gravel parking area upon District lands to provide
access to the Potholes trail of the Los Padres National Forest. The
site design for the parking area shall be subject to the approval by
the Secretary. The District may reasonably regulate vehicular access to
the parking area in accordance with rules and regulations promulgated
in accordance with applicable law.
(f) PARTIAL REVOCATION OF WITHDRAWALS.
The public lands withdrawals provided by the Act of May 29, 1928
(Chapter 868; 45 Stat. 956), Power Site Classifica tion No. 414-USGS,
June 22, 1951, FERC Power Project No. 2153, January 15, 1957, and
Forest Service Land Order No. 3338, February 28, 1964, are hereby
revoked insofar as they effect the National Forest System lands
conveyed under this section.
(g) WATER RIGHTS.
The land exchange under this section does not include any water rights owned by the District or the United States.
(h) CASH EQUALIZATION.
(1) EQUAL VALUE EXCHANGE. - Subject to paragraph (2), the land exchange
under this section shall be conducted on an equal value basis, as deter
mined by the appraisal done in conformity with the Uniform Appraisal
Standards for Federal Lands Standards for Acquisition and Forest
Service appraisal instructions.
(2) LIMITS WAIVED. - The values of the lands to be exchanged under this
section may be equalized through the payment of a cash equalization
payment in an amount in excess of the statutory limit speci fied in
section 206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(i) MANAGEMENT OF ACQUIRED LANDS.
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 Los Padres National
Forest, as adjusted as a result of the land exchange under this
section, shall be considered to be the boundaries of that national
forest as of January 1, 1965. The District lands acquired by the
Secretary under this section shall be added to and administered as part
of the Los Padres National Forest in accordance with the laws and
regulations applicable to that national forest.
(j) EFFECT OF EXCHANGE.
The District shall comply with all applicable requirements of the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to the
land conveyed to it under this section.