Congressional Record, Volume 152 Issue 127 (Monday, November 13, 2006)

[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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