1.
This Act may be cited as the
Sierra National Forest Land Exchange
Act of 2005
.
2.
In this Act:
(1)
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, E1/2SW1/4 and
W1/2SE1/4, Mt. Diablo Meridian,
California.
(2)
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,
N1/2NW1/4, Mt. Diablo Meridian,
California.
(3)
The term
Secretary means the Secretary of Agriculture.
3.
Land exchange, sierra national forest, California
(a)
(1)
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)
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)
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.
4.
Grant of Easement in connection with hydroelectric project no.
67
(a)
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)
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 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.
.
5.
Right of first offer for subsequent conveyance of Federal
land
(a)
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)
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)
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.