[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