[Congressional Record (Bound Edition), Volume 152 (2006), Part 17] [House] [Pages 21824-21825] [From the U.S. 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. 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 [[Page 21825]] 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. 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. ____________________