[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

120 STAT. 2656

Public Law 109-375
109th Congress

An Act


 
To provide for the exchange of land within the Sierra National Forest,
California, and for other purposes.  NOTE: Dec. 1, 2006 -  [H.R.
409]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Sierra National
Forest Land Exchange Act of 2006. Conservation.

SECTION 1.  NOTE: 42 USC 15801 note.  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

[[Page 2657]]
120 STAT. 2657

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)  NOTE: Deadline.  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

[[Page 2658]]
120 STAT. 2658

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''.

Approved December 1, 2006.

LEGISLATIVE HISTORY--H.R. 409:
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SENATE REPORTS: No. 109-243 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Sept. 20, considered and passed
House.
Vol. 152 (2006):
Sept. 29, considered and passed
Senate, amended.
Nov. 13, House concurred in Senate
amendment.