Pub. L. 106-291, tit. III, sec. 347

Sec. 347. (a) Exchange Required.—In exchange for the non-Federal lands and the additional consideration described in subsection (b), the Secretary of Agriculture shall convey to Kern County, California, all right, title, and interest of the United States in and to four parcels of land under the jurisdiction of the Forest Service in Kern Comity, as follows: (1) Approximately 70 acres known as Camp Owen as depicted on the map entitled “Camp Owen”, dated June 15, 2000. (2) Approximately 4 acres known as Wofford Heights Park as depicted on the map entitled “Wofford Heights Park”, dated June 15, 2000. (3) Approximately 4 acres known as the French Gulch maintenance yard as depicted on the map entitled. “French Gulch Maintenance Yard”, dated June 15, 2000. (4) Approximately 14 acres known as the Kernville Fish Hatchery as depicted on the map entitled “Kernville Fish Hatchery”, dated June 15, 2000. (b) Consideration.— (1) Conveyance of non-federal lands.—As consideration for the conveyance of the Federal lands referred to in subsection (a), Kern County shall convey to the Secretary a parcel of land for fair market value consisting of approximately 52 acres as depicted on the map entitled “Greenhorn Mountain Park”, located in Kern County, California, dated June 18, 2000. (2) Replacement facility.—As additional consideration for the conveyance of the storage facility located at the maintenance yard referred to in subsection (a)(3), Kern County shall provide a replacement storage facility of comparable size and condition, as acceptable to the Secretary, at the Greenhorn Ranger District Lake Isabella Maintenance Yard property. (3) Cash equalization payment.—As additional consideration for the conveyance of the Federal lands referred to in subsection (a), Kern County shall tender a cash equalization payment specified by the Secretary. The cash equalization payment shall be based upon an appraisal performed at the option of the Forest Service pursuant to section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (c) Conditions on Acceptance.—Title to the non-Federal lands to be conveyed under this section must be acceptable to the Secretary, and the conveyance shall be subject to valid existing rights of record. The non-Federal lands shall conform with the title approval standards applicable to Federal land acquisitions. (d) Time for Conveyance.—Subject to subsection (c), the Secretary shall complete the conveyance of the Federal lands under subsection (a) within 3 months after Kern County tenders to the Secretary the consideration required by subsection (b). (e) Status of Acquired Lands.—Upon approval and acceptance of title by the Secretary, the non-Federal lands conveyed to the United States under this section shall become part of Sequoia National Forest, and the boundaries of the national forest shall be adjusted to include the acquired lands. The Secretary shall manage the acquired lands for recreational purposes in accordance with the laws and regulations pertaining to the National Forest 114 STAT. 1002System. For purposes of section 7 of the Laud and Water Conservation Fund Act of 1965 (16 U.S.C. 4601–9), the boundaries of the national forest, as adjusted pursuant to this section, shall be considered to be the boundaries of the national forest as of January 1, 1965. (f) Relationship to Environmental Liability.—In connection with the conveyances under this section, the Secretary may require such additional terms and conditions related to environmental liability as the Secretary considers appropriate to protect the interests of the United States. (g) Legal Descriptions.—The exact acreage and legal description of the real property to be exchanged under this section shall be determined by a survey or surveys satisfactory to the Secretary. The costs of any such survey, as well as other administrative costs incurred to execute the land exchange (other than costs incurred by Kern County to comply with subsection (h)), shall be divided equally between the Secretary and Kern County. (h) Treatment of Existing Utility Lines at Camp Owen.—Upon receipt of the Federal lands described in subsection (a)(1), Kern County shall grant an easement, and record the easement in the appropriate office, for permitted or licensed uses of those lands that are unrecorded as of the date of the conveyance. (i) Applicable Law.—Except as otherwise provided in this section, any exchange of National Forest System land under this section shall be subject to the laws (including regulations) applicable to the conveyance and acquisition of land for the National Forest System.