108TH CONGRESS

1ST SESSION H. R. 1651

AN ACT

To provide for the exchange of land within the Sierra National Forest, California, and for other

purposes.

108TH CONGRESS

1ST SESSION H. R. 1651

AN ACT

To provide for the exchange of land within the Sierra

National Forest, California, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Sierra National Forest

3 Land Exchange Act of 2003’’.

4 SEC. 2. DEFINITIONS.

5 In this Act:

6 (1) FEDERAL LAND.—The term ‘‘Federal land’’

7 means the parcels of land and improvements thereon

8 comprising approximately 160 acres and located in

9 township 9 south, range 25 east, section 30,

E1⁄2SW1⁄4 and W1⁄2 SE1 10 ⁄4, Mt. Diablo Meridian,

11 California.

12 (2) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means a parcel of land comprising ap14 proximately 80 acres and located in township 8

south, range 26 east, section 29, N1⁄2NW1 15 ⁄4, Mt.

16 Diablo Meridian, California.

17 (3) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Agriculture.

19 SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALI20 FORNIA.

21 (a) EXCHANGE AUTHORIZED.—

22 (1) IN GENERAL.—If, during the one-year pe23 riod beginning on the date of enactment of this Act,

24 the owner of the non-Federal land offers the United

25 States the exchange of the non-Federal land and a

26 cash equalization payment of $50,000, the Secretary
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1 shall convey, by quit claim deed, all right, title, and

2 interest of the United States in and to the Federal

3 land. The conveyance of the Federal land shall be

4 subject to valid existing rights and under such terms

5 and conditions as the Secretary may prescribe.

6 (2) ACCEPTABLE TITLE.—Title to the non-Fed7 eral land shall conform with the title approval stand8 ards of the Attorney General applicable to Federal

9 land acquisitions and shall be acceptable to the Sec10 retary.

11 (3) CORRECTION AND MODIFICATION OF LEGAL

12 DESCRIPTIONS.—The Secretary, in consultation with

13 the owner of the non-Federal land, may make cor14 rections to the legal descriptions of the Federal land

15 and non-Federal land. The Secretary and the owner

16 of the non-Federal land may make minor modifica17 tions to such descriptions insofar as such modifica18 tions do not affect the overall value of the exchange

19 by more than five percent.

20 (b) VALUATION OF LAND TO BE CONVEYED.—For

21 purposes of this section, during the period referred to in

22 subsection (a)(1), the value of the non-Federal land shall

23 be deemed to be $200,000 and the value of the Federal

24 land shall be deemed to be $250,000.
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1 (c) ADMINISTRATION OF LAND ACQUIRED BY

2 UNITED STATES.—Once acquired, the Secretary shall

3 manage the non-Federal land in accordance with the Act

4 of March 1, 1911 (commonly known as the Weeks Act;

5 16 U.S.C. 480 et seq.), and in accordance with the other

6 laws and regulations pertaining to National Forest System

7 lands.

8 (d) CONDITIONS ON CONVEYANCE OF FEDERAL

9 LAND.—The conveyance by the Secretary under sub10 section (a) shall be subject to the following conditions:

11 (1) That the recipient of the Federal land con12 vey all 160 acres of the Federal land to the Sequoia

13 Council of the Boy Scouts of America not later than

14 four months after the date on which the recipient re15 ceives the Federal land from the Secretary under

16 subsection (a).

17 (2) That, as described in section 5, the owner

18 of the easement granted in section 4 have the right

19 of first offer regarding any reconveyance of the Fed20 eral land by the Sequoia Council of the Boy Scouts

21 of America.

22 (e) DISPOSITION AND USE OF CASH EQUALIZATION

23 FUNDS.—The Secretary shall deposit the cash equali24 zation payment received under subsection (a) in the fund

25 established by Public Law 90–171 (commonly known as
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1 the Sisk Act; 16 U.S.C. 484a). The cash equalization pay2 ment shall be available to the Secretary until expended,

3 without further appropriation, for the acquisition of lands

4 and interests in lands for the National Forest System in

5 the State of California.

6 (f) COST COLLECTION FUNDS.—The owner of the

7 non-Federal land shall be responsible for all direct costs

8 associated with processing the land exchange under this

9 section and shall pay the Secretary the necessary funds,

10 which shall be deposited in a cost collection account.

11 Funds so deposited shall be available to the Secretary

12 until expended, without further appropriation, for the cost

13 associated with the land exchange. Any funds remaining

14 after completion of the land exchange, which are not need15 ed to cover expenses, shall be refunded to the owner of

16 the non-Federal land.

17 SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HY18 DROELECTRIC PROJECT NO. 67.

19 (a) PURPOSE.—A hydroelectric project, licensed pur20 suant to the Federal Power Act (16 U.S.C. 791a et seq.)

21 as Project No. 67, is located on a majority of the Federal

22 land authorized for exchange under section 3. To protect

23 the ability of the owner of Project No. 67 to continue to

24 operate and maintain that hydroelectric project under the

25 current and all future licenses or authorizations issued
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1 pursuant to the Federal Power Act or any other applicable

2 law, this section is necessary.

3 (b) EASEMENT REQUIRED.—Before conveying the

4 Federal land under section 3, the Secretary shall grant

5 an easement, without consideration, to the owner of

6 Project No. 67 for the right to enter, occupy, and use for

7 hydroelectric power purposes the Federal land currently

8 within the licensed boundary for Project No. 67. The

9 Project No. 67 owner shall hold harmless the Secretary

10 for any claims against the owner due to the grant of ease11 ment.

12 (c) REQUIRED TERMS AND CONDITIONS.—The ease13 ment granted under this section shall provide the fol14 lowing: ‘‘The United States of America, hereinafter called

15 ‘Grantor,’ pursuant to a congressional authorization, here16 by grants, transfers, and conveys unto the [insert name

17 of Project No. 67 owner], its successors and assigns, here18 inafter called ‘Grantee,’ all those certain exclusive ease19 ments and rights in, on, under, over, along, and across

20 certain real property described in Exhibit A, attached

21 hereto [attach description of real property subject to the

22 easement] and incorporated herein (the ‘Property’), for

23 any purpose or activity that Grantee deems convenient or

24 necessary to the creation, generation, transmission, or dis25 tribution of hydropower on and off the Property, includ-
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1 ing, but not limited to, the right to inundate the Property

2 with water, reservoir management, and compliance with

3 legal obligations in accordance with the applicable Federal

4 Energy Regulatory Commission license and those non-ex5 clusive easements and rights to use, occupy, and enter the

6 Property, and to allow others to use, occupy, and enter

7 the Property, for other purposes related to hydropower

8 and reservoir management and use, such as recreation by

9 Grantee or the public, and regulation of any activities on

10 the Property that may impact such purposes, at any time

11 and from time to time. Grantor further grants, transfers,

12 and conveys unto the Grantee the right of assignment, in

13 whole or in part, to others, without limitation. Grantee

14 shall have the right to take such actions on the Property

15 as may be necessary to comply with all applicable laws,

16 rules, regulations, ordinances, orders and other govern17 mental, regulatory, and administrative authorities and re18 quirements, or that may be necessary for the economical

19 entry, occupancy, and use of the Property for hydropower

20 purposes. Grantor, its successors and assigns, shall not

21 deposit or permit or allow to be deposited, earth, rubbish,

22 debris or any other substance or material on the Property,

23 or so near thereto as to constitute, in the opinion of Grant24 ee, an interference or obstruction to the hydropower and

25 reservoir purposes. No other easements, leases, or licenses
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1 shall be granted on, under or over the Property by Grantor

2 to any person, firm or corporation without the previous

3 written consent of Grantee, which consent shall not be un4 reasonably withheld. The terms, covenants and conditions

5 of this Grant of Easement shall bind and inure to the ben6 efit of the successors and assigns of Grantor and the suc7 cessors and assigns of Grantee.’’.

8 SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEY9 ANCE OF FEDERAL LAND.

10 (a) RIGHT OF FIRST OFFER.—As a condition on the

11 conveyance of the Federal land under section 3 and its

12 reconveyance to the Sequoia Council of the Boy Scouts

13 of America, as required by section 3(d)(1), the Secretary

14 shall require that the Council agree to provide the owner

15 of the easement granted under section 4 the right of first

16 offer to obtain the Federal land, or any portion thereof,

17 that the Council ever proposes to sell, transfer, or other18 wise convey.

19 (b) NOTICE AND OFFER.—If the Council proposes to

20 sell, transfer, or otherwise convey the Federal land or a

21 portion thereof, the Council shall give the easement owner

22 written notice specifying the terms and conditions on

23 which the conveyance is proposed and offering to convey

24 to the easement owner, on the same terms and conditions,
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1 the Federal land or the portion thereof proposed for con2 veyance.

3 (c) ACCEPTANCE OR REJECTION OF OFFER.—Within

4 90 days after the easement owner receives the notice re5 quired by subsection (b) and all available documents nec6 essary to perform reasonable due diligence on the pro7 posed conveyance, the easement owner shall either accept

8 or reject the offer. If the easement owner accepts the offer,

9 the closing of the sale shall be governed by the terms of

10 the offer in the notice.

11 (d) EFFECT OF REJECTION.—If the hydropower

12 easement owner rejects an offer under subsection (b) or

13 fails to respond to the offer before the expiration of the

14 90-day period provided in subsection (c), the Council may

15 convey the property covered by the notice to any other per16 son on the same terms and conditions specified in the no17 tice. If those terms and conditions are subsequently al18 tered in any way, then the notice and offer shall again

19 be made to the easement owner under subsection (b). The

20 rejection by the easement owner of one or more of such
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1 offers shall not affect its right of first offer as to any other

2 proposed conveyance by the Council.

Passed the House of Representatives November 18,

2003.

Attest:

Clerk.