[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Senate]
[Pages S590-S591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN:
  S. 179. A bill to provide for the exchange of land within the Sierra 
National Forest, California, and for other purposes; to the Committee 
on Energy and Natural Resources.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to introduce the 
Sierra National Forest Land Exchange Act of 2005, the companion to 
legislation authored by Representative Radanovich.
  This legislation would assist the Boy Scout Sequoia Council in taking 
ownership of part of the land on which Camp Chawanakee sits. By 
authorizing the transfer of ownership of part of the camp land to the 
Boy Scouts, we will help make Chawanakee a permanent member of the 
Fresno Community, and an asset that youth for generations to come can 
enjoy and benefit from.
  Specifically, the bill would authorize a land exchange between the 
Federal Government and a private landowner as follows:
  The landowner would receive 160 acres, 145 of which are submerged, on 
Shaver Lake. In exchange, the Forest Service would receive $50,000 and 
an 80 acre inholding that the landowner owns in the Sierra National 
Forest.
  The Forest Service transfer to the landowner is conditional upon his 
conveyance of the parcel to the Boy Scouts within 4 months to benefit 
Camp Chawanakee.
  Over the years, well over 250,000 youths and leaders from California, 
Nevada and Arizona have attended the Boy Scouts' Camp Chawanakee. 
Recently, summer camp attendance has exceeded 3,000 Scouts. While other 
camps in California have closed in recent years, Camp Chawanakee has 
grown to become one of the premier Scouting camps in the Nation.
  I applaud Congressman George Radanovich's commitment to this issue 
and urge my colleagues to support this legislation. I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 179

       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

[[Page S591]]

     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 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.
                                 ______