[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Reported in Senate (RS)]
Calendar No. 405
109th CONGRESS
2d Session
H. R. 409
[Report No. 109-243]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2005
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 20, 2006
Reported under authority of the order of the Senate of April 7, 2006,
by Mr. Domenici, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Sierra National Forest Land
Exchange Act of 2005''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (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</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>SW</DELETED>\<DELETED>1/4</DELETED>\
<DELETED>and W</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>SE</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>, Mt. Diablo Meridian,
California.</DELETED>
<DELETED> (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</DELETED>\<DELETED>1/
2</DELETED>\<DELETED>NW</DELETED>\<DELETED>1/
4</DELETED>\<DELETED>, Mt. Diablo Meridian,
California.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.</DELETED>
<DELETED>SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST,
CALIFORNIA.</DELETED>
<DELETED> (a) Exchange Authorized.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Conditions on Conveyance of Federal Land.--The
conveyance by the Secretary under subsection (a) shall be subject to
the following conditions:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HYDROELECTRIC
PROJECT NO. 67.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEYANCE OF
FEDERAL LAND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
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.
(a) Easement Required.--
(1) In general.--As part of the exchange authorized by this
Act, the Secretary shall, without consideration, grant to the
owner of Project No. 67 an easement for the right to enter,
occupy, and use for hydroelectric power purposes the Federal
land currently within the licensed boundary for Project No. 67.
(2) Required terms and conditions.--The easement granted
under paragraph (1) shall contain such terms and conditions as
are agreed to by the Secretary, the Council, and the owner of
Project No. 67.
(b) Right of First Refusal.--As a condition of the conveyance of
the Federal land under section 3(a)(1) and the reconveyance of the
Federal land to the Council, the Council shall provide to the owner of
Project No. 67, under such terms and conditions as are agreed to by the
Council and the owner of Project No. 67, a right of first refusal to
obtain the Federal land, or portion of the Federal land, that the
Council proposes to sell, transfer, or otherwise convey.
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.
Calendar No. 405
109th CONGRESS
2d Session
H. R. 409
[Report No. 109-243]
_______________________________________________________________________
AN ACT
To provide for the exchange of land within the Sierra National Forest,
California, and for other purposes.
_______________________________________________________________________
April 20, 2006
Reported with an amendment