[Congressional Record Volume 152, Number 127 (Monday, November 13, 2006)]
[House]
[Pages H8582-H8583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2006

  Mr. RADANOVICH. Mr. Speaker, I move to suspend the rules and concur 
in the Senate amendment to 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:

  Senate amendment:
       Strike out all after the enacting clause and insert:

     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.

       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.

     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.

     SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST 
                   BIOMASS FOR ELECTRIC ENERGY, USEFUL HEAT, 
                   TRANSPORTATION FUELS, AND OTHER COMMERCIAL 
                   PURPOSES.

       Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C. 
     15855(d)) is amended by striking ``$50,000,000 for each of 
     the fiscal years 2006 through 2016'' and inserting 
     ``$50,000,000 for fiscal year 2006 and $35,000,000 for each 
     of fiscal years 2007 through 2016''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from South Dakota (Ms. 
Herseth) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. RADANOVICH. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.

[[Page H8583]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 409 provides for the exchange of land within the 
Sierra National Forest in California. This bill originally passed the 
House of Representatives on September 20, 2005, but was recently 
amended by the Senate.
  The land exchange portion of the bill remains unchanged and 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 land owner 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 land owner will then convey 
the property to the Sequoia Council Boy Scouts who have run a camp on 
the land under a special use permit for the last 30 years.
  The Senate amendment reduces funding for a biomass grant program 
authorized by the Energy Policy Act of 1995 to pay, in part, for the 
funding authorized by the unrelated package of other energy and natural 
resource-related bills.
  This biomass grant program was originally authorized at $50 million 
per year, but only received $4 million in funding this year. The 
Resources Committee has been very supportive of biomass funding to help 
reduce hazardous fuels and create valuable byproducts for otherwise 
unmerchantable woody debris.
  And while the Senate's reduction in authorization funding is somewhat 
distressing, the Resources Committee agrees to pass this bill with the 
understanding that both the House and the Senate work together to 
increase the amount appropriated for biomass grants in the future. This 
would, in turn, reduce the cost of removing hazardous fuels from the 
forest and save taxpayer dollars.
  Mr. Speaker, I urge adoption of the bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
  (Ms. HERSETH asked and was given permission to revise and extend her 
remarks.)
  Ms. HERSETH. Mr. Speaker, as Mr. Radanovich explained, 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 also requires that the owners of the non-Federal land make a 
$50,000 cash equalization payment and convey the Federal land to the 
Sequoia Council of the Boy Scouts of America within 120 days of 
receiving it.
  Furthermore, an amendment to H.R. 409 made by the other body makes 
changes to the biomass grants under the Energy Policy Act of 2005.
  Mr. Speaker, we have no objections to H.R. 409.
  Mr. Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Mr. Speaker, I have no additional speakers, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Radanovich) that the House suspend the 
rules and concur in the Senate amendment to the bill, H.R. 409.
  The question was taken; and (two-thirds of those voting having 
responded in the affirmative) the rules were suspended and the Senate 
amendment was concurred in.
  A motion to reconsider was laid on the table.

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