Congressional Record, Volume 151 Issue 118 (Tuesday, September 20, 2005)

[Congressional Record Volume 151, Number 118 (Tuesday, September 20, 2005)]
[House]
[Pages H8117-H8118]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2005

Mr. RENZI. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 409) to provide for the exchange of land within the Sierra
National Forest, California, and for other purposes.
The Clerk read as follows:

H.R. 409

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.''.

[[Page H8118]]

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.

The SPEAKER pro tempore (Mr. LaHood). Pursuant to the rule, the
gentleman from Arizona (Mr. Renzi) and the gentlewoman from Guam (Ms.
Bordallo) each will control 20 minutes.
The Chair recognizes the gentleman from Arizona (Mr. Renzi).

General Leave

Mr. RENZI. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arizona?
There was no objection.
Mr. RENZI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 409, introduced by the gentleman from California
(Mr. Radanovich), provides for the exchange of land within the Sierra
National Forest of California.
The bill would exchange 160 acres of Forest Service property, of
which only 15 acres is above water, for 80 acres of private land
surrounded by National Forest. The landowner has agreed to pay the
difference of $50,000 to the Forest Service to finalize the land
transfer. After the completion of the exchange, the landowner will
convey the property to the Sequoia Council Boy Scouts, who have run a
camp on the land through a special use permit for the last 30 years.
The bill will benefit both the Forest Service and the Sequoia Council
Boy Scouts. I urge adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
(Ms. BORDALLO asked and was given permission to revise and extend her
remarks.)
Ms. BORDALLO. Mr. Speaker, H.R. 409 directs the Secretary of
Agriculture to exchange 160 acres of Federal land in the Sierra
National Forest at Shaver Lake for an 80-acre inholding also in the
Sierra National Forest.
H.R. 409, Mr. Speaker, further requires that the owners of the
nonFederal land make a $50,000 cash equalization payment and convey the
Federal land to the Sequoia Council of the Boy Scouts of America within
4 months of receiving it.
Mr. Speaker, we have no objections to H.R. 409.
Mr. Speaker, I yield back the balance of my time.
Mr. RENZI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arizona (Mr. Renzi) that the House suspend the rules and
pass the bill, H.R. 409.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.

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