[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Enrolled Bill (ENR)]
H.R.409
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To provide for the exchange of land within the Sierra National Forest,
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.
This Act may be cited as the ``Sierra National Forest Land Exchange
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Sequoia Council of
the Boy Scouts of America.
(2) Federal land.--The term ``Federal land'' means the parcel
of land comprising 160 acres and located in E\1/2\SW\1/4\ and W\1/
2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt. Diablo Meridian,
California.
(3) Non-federal land.--The term ``non-Federal land'' means a
parcel of land comprising approximately 80 acres and located in
N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt. Diablo Meridian,
California.
(4) Project no. 67.--The term ``Project No. 67'' means the
hydroelectric project licensed pursuant to the Federal Power Act
(16 U.S.C. 791a et seq.) as Project No. 67.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If, during the 1-year period beginning on the
date of enactment of this Act, the owner of the non-Federal land
offers to convey to the United States title to the non-Federal land
and to make a cash equalization payment of $50,000 to the United
States, the Secretary shall convey to the owner of the non-Federal
land, all right, title, and interest of the United States in and to
the Federal land, except as provided in subsection (d), subject to
valid existing rights, and under such terms and conditions as the
Secretary may require.
(2) Correction and modification of legal descriptions.--
(A) In general.--The Secretary, in consultation with the
owner of the non-Federal land, may agree to make corrections to
the legal descriptions of the Federal land and non-Federal
land.
(B) Modifications.--The Secretary and the owner of the non-
Federal land may agree to make minor modifications to the legal
descriptions if the modifications do not affect the overall
value of the exchange by more than 5 percent.
(b) Valuation of Land To Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1)--
(1) the value of the non-Federal land shall be considered to be
$200,000; and
(2) the value of the Federal land shall be considered to be
$250,000.
(c) Administration of Land Acquired by United States.--On
acquisition by the Secretary, the Secretary shall manage the non-
Federal land in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any other laws (including regulations) applicable to the
National Forest System.
(d) Conditions on Conveyance of Federal Land.--The conveyance by
the Secretary under subsection (a) shall be subject to the conditions
that--
(1) the recipient of the Federal land convey all 160 acres of
the Federal land to the Council not later than 120 days after the
date on which the recipient receives title to the Federal land;
(2) in accordance with section 4(a), the Secretary grant to the
owner of Project No. 67 an easement; and
(3) in accordance with section 4(b), the owner of Project No.
67 has the right of first refusal regarding any reconveyance of the
Federal land by the Council.
(e) Disposition and Use of Cash Equalization Funds.--
(1) In general.--The Secretary shall deposit the cash
equalization payment received under subsection (a)(1) in the fund
established by Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of land and any interests in
land for the National Forest System in the State of California.
(f) Cost Collection Funds.--
(1) In general.--The owner of the non-Federal land shall pay to
the Secretary all direct costs associated with processing the land
exchange under this section.
(2) Cost collection account.--
(A) In general.--Any amounts received by the Secretary
under paragraph (1) shall be deposited in a cost collection
account.
(B) Use.--Amounts deposited under subparagraph (A) shall be
available to the Secretary until expended, without further
appropriation, for the costs associated with the land exchange.
(C) Refund.--The Secretary shall provide to the owner of
the non-Federal land a refund of any amounts remaining in the
cost collection account after completion of the land exchange
that are not needed to cover expenses of the land exchange.
(g) Land and Water Conservation Fund.--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 Sierra National Forest shall be considered to be
the boundaries of the Sierra National Forest as of January 1, 1965.
SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.
In accordance with the agreement entered into by the Forest
Service, the Council, and the owner of Project No. 67 entitled the
``Agreement to Convey Grant of Easement and Right of First Refusal''
and executed on April 17, 2006--
(1) the Secretary shall grant an easement to the owner of
Project No. 67; and
(2) the Council shall grant a right of first refusal to the
owner of Project No. 67.
SEC. 5. EXERCISE OF DISCRETION.
In exercising any discretion necessary to carry out this Act, the
Secretary shall ensure that the public interest is well served.
SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR
ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER
COMMERCIAL PURPOSES.
Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C.
15855(d)) is amended by striking ``$50,000,000 for each of the fiscal
years 2006 through 2016'' and inserting ``$50,000,000 for fiscal year
2006 and $35,000,000 for each of fiscal years 2007 through 2016''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.