[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 409


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2005

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        parcels of land and improvements thereon comprising 
        approximately 160 acres and located in township 9 south, range 
        25 east, section 30, E\1/2\SW\1/4\ and W\1/2\SE\1/4\, Mt. 
        Diablo Meridian, California.
            (2) Non-federal land.--The term ``non-Federal land'' means 
        a parcel of land comprising approximately 80 acres and located 
        in township 8 south, range 26 east, section 29, N\1/2\NW\1/4\, 
        Mt. Diablo Meridian, California.
            (3) 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 one-year period beginning 
        on the date of enactment of this Act, the owner of the non-
        Federal land offers the United States the exchange of the non-
        Federal land and a cash equalization payment of $50,000, the 
        Secretary shall convey, by quit claim deed, all right, title, 
        and interest of the United States in and to the Federal land. 
        The conveyance of the Federal land shall be subject to valid 
        existing rights and under such terms and conditions as the 
        Secretary may prescribe.
            (2) Acceptable title.--Title to the non-Federal land shall 
        conform with the title approval standards of the Attorney 
        General applicable to Federal land acquisitions and shall be 
        acceptable to the Secretary.
            (3) Correction and modification of legal descriptions.--The 
        Secretary, in consultation with the owner of the non-Federal 
        land, may make corrections to the legal descriptions of the 
        Federal land and non-Federal land. The Secretary and the owner 
        of the non-Federal land may make minor modifications to such 
        descriptions insofar as such modifications do not affect the 
        overall value of the exchange by more than five percent.
    (b) Valuation of Land to Be Conveyed.--For purposes of this 
section, during the period referred to in subsection (a)(1), the value 
of the non-Federal land shall be deemed to be $200,000 and the value of 
the Federal land shall be deemed to be $250,000.
    (c) Administration of Land Acquired by United States.--Once 
acquired, the Secretary shall manage the non-Federal land in accordance 
with the Act of March 1, 1911 (commonly known as the Weeks Act; 16 
U.S.C. 480 et seq.), and in accordance with the other laws and 
regulations pertaining to National Forest System lands.
    (d) Conditions on Conveyance of Federal Land.--The conveyance by 
the Secretary under subsection (a) shall be subject to the following 
conditions:
            (1) That the recipient of the Federal land convey all 160 
        acres of the Federal land to the Sequoia Council of the Boy 
        Scouts of America not later than four months after the date on 
        which the recipient receives the Federal land from the 
        Secretary under subsection (a).
            (2) That, as described in section 5, the owner of the 
        easement granted in section 4 have the right of first offer 
        regarding any reconveyance of the Federal land by the Sequoia 
        Council of the Boy Scouts of America.
    (e) Disposition and Use of Cash Equalization Funds.--The Secretary 
shall deposit the cash equalization payment received under subsection 
(a) in the fund established by Public Law 90-171 (commonly known as the 
Sisk Act; 16 U.S.C. 484a). The cash equalization payment shall be 
available to the Secretary until expended, without further 
appropriation, for the acquisition of lands and interests in lands for 
the National Forest System in the State of California.
    (f) Cost Collection Funds.--The owner of the non-Federal land shall 
be responsible for all direct costs associated with processing the land 
exchange under this section and shall pay the Secretary the necessary 
funds, which shall be deposited in a cost collection account. Funds so 
deposited shall be available to the Secretary until expended, without 
further appropriation, for the cost associated with the land exchange. 
Any funds remaining after completion of the land exchange, which are 
not needed to cover expenses, shall be refunded to the owner of the 
non-Federal land.

SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HYDROELECTRIC PROJECT NO. 
              67.

    (a) Purpose.--A hydroelectric project, licensed pursuant to the 
Federal Power Act (16 U.S.C. 791a et seq.) as Project No. 67, is 
located on a majority of the Federal land authorized for exchange under 
section 3. To protect the ability of the owner of Project No. 67 to 
continue to operate and maintain that hydroelectric project under the 
current and all future licenses or authorizations issued pursuant to 
the Federal Power Act or any other applicable law, this section is 
necessary.
    (b) Easement Required.--Before conveying the Federal land under 
section 3, the Secretary shall grant an easement, without 
consideration, to the owner of Project No. 67 for the right to enter, 
occupy, and use for hydroelectric power purposes the Federal land 
currently within the licensed boundary for Project No. 67. The Project 
No. 67 owner shall hold harmless the Secretary for any claims against 
the owner due to the grant of easement.
    (c) Required Terms and Conditions.--The easement granted under this 
section shall provide the following: ``The United States of America, 
hereinafter called `Grantor', pursuant to a congressional 
authorization, hereby grants, transfers, and conveys unto the [insert 
name of Project No. 67 owner], its successors and assigns, hereinafter 
called `Grantee', all those certain exclusive easements and rights in, 
on, under, over, along, and across certain real property described in 
Exhibit A, attached hereto [attach description of real property subject 
to the easement] and incorporated herein (the `Property'), for any 
purpose or activity that Grantee deems convenient or necessary to the 
creation, generation, transmission, or distribution of hydropower on 
and off the Property, including, but not limited to, the right to 
inundate the Property with water, reservoir management, and compliance 
with legal obligations in accordance with the applicable Federal Energy 
Regulatory Commission license and those non-exclusive easements and 
rights to use, occupy, and enter the Property, and to allow others to 
use, occupy, and enter the Property, for other purposes related to 
hydropower and reservoir management and use, such as recreation by 
Grantee or the public, and regulation of any activities on the Property 
that may impact such purposes, at any time and from time to time. 
Grantor further grants, transfers, and conveys unto the Grantee the 
right of assignment, in whole or in part, to others, without 
limitation. Grantee shall have the right to take such actions on the 
Property as may be necessary to comply with all applicable laws, rules, 
regulations, ordinances, orders and other governmental, regulatory, and 
administrative authorities and requirements, or that may be necessary 
for the economical entry, occupancy, and use of the Property for 
hydropower purposes. Grantor, its successors and assigns, shall not 
deposit or permit or allow to be deposited, earth, rubbish, debris or 
any other substance or material on the Property, or so near thereto as 
to constitute, in the opinion of the Grantee, an interference or 
obstruction to the hydropower and reservoir purposes. No other 
easements, leases, or licenses shall be granted on, under or over the 
Property by Grantor to any person, firm or corporation without the 
previous written consent of Grantee, which consent shall not be 
unreasonably withheld. The terms, covenants and conditions of this 
Grant of Easement shall bind and inure to the benefit of the successors 
and assigns of Grantor and the successors and assigns of Grantee.''.

SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEYANCE OF FEDERAL LAND.

    (a) Right of First Offer.--As a condition on the conveyance of the 
Federal land under section 3 and its reconveyance to the Sequoia 
Council of the Boy Scouts of America, as required by section 3(d)(1), 
the Secretary shall require that the Council agree to provide the owner 
of the easement granted under section 4 the right of first offer to 
obtain the Federal land, or any portion thereof, that the Council ever 
proposes to sell, transfer, or otherwise convey.
    (b) Notice and Offer.--If the Council proposes to sell, transfer, 
or otherwise convey the Federal land or a portion thereof, the Council 
shall give the easement owner written notice specifying the terms and 
conditions on which the conveyance is proposed and offering to convey 
to the easement owner, on the same terms and conditions, the Federal 
land or the portion thereof proposed for conveyance.
    (c) Acceptance or Rejection of Offer.--Within 90 days after the 
easement owner receives the notice required by subsection (b) and all 
available documents necessary to perform reasonable due diligence on 
the proposed conveyance, the easement owner shall either accept or 
reject the offer. If the easement owner accepts the offer, the closing 
of the sale shall be governed by the terms of the offer in the notice.
    (d) Effect of Rejection.--If the hydropower easement owner rejects 
an offer under subsection (b) or fails to respond to the offer before 
the expiration of the 90-day period provided in subsection (c), the 
Council may convey the property covered by the notice to any other 
person on the same terms and conditions specified in the notice. If 
those terms and conditions are subsequently altered in any way, then 
the notice and offer shall again be made to the easement owner under 
subsection (b). The rejection by the easement owner of one or more of 
such

offers shall not affect its right of first offer as to any other 
proposed conveyance by the Council.

            Passed the House of Representatives September 20, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.