[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 409 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 409
_______________________________________________________________________
AN ACT
To provide for the exchange of land within the Sierra National Forest,
California, and for other purposes.
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.''.
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.
Passed the House of Representatives September 20, 2005.
Attest:
Clerk.
109th CONGRESS
1st Session
H. R. 409
_______________________________________________________________________
AN ACT
To provide for the exchange of land within the Sierra National Forest,
California, and for other purposes.