[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: --------------------------------------------------------------------------- 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.