[Congressional Record Volume 152, Number 125 (Friday, September 29, 2006)]
[Senate]
[Page S10536]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2005

  The Senate proceeded to consider the bill (H.R. 409) to provide for 
the exchange of land within the Sierra National Forest, California, and 
for other purposes, which had been reported from the Committee on 
Energy and Natural Resources, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.

  The amendment (No. 5111) was agreed to, as follows:

 (Purpose: To modify the section relating to the grant of an easement 
       and right of first refusal to the owner of Project No. 67)

       Strike section 4 and insert the following:

     SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.

       In accordance with the agreement entered into by the Forest 
     Service, the Council, and the owner of Project No. 67 
     entitled the ``Agreement to Convey Grant of Easement and 
     Right of First Refusal'' and executed on April 17, 2006--
       (1) the Secretary shall grant an easement to the owner of 
     Project No. 67; and
       (2) the Council shall grant a right of first refusal to the 
     owner of Project No. 67.

  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill H.R. 409, as amended, was read the third time and passed.

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