PUBLIC LAW 109–375—DEC. 1, 2006

SIERRA NATIONAL FOREST LAND EXCHANGE

ACT OF 2006

120 STAT. 2656 PUBLIC LAW 109–375—DEC. 1, 2006

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.

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 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 E1⁄2SW1⁄4

and W1⁄2SE1⁄4, 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 N1⁄2NW1⁄4, 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 nonFederal 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

42 USC 15801

note.

Sierra National

Forest Land

Exchange Act of

2006.

Conservation.

Dec. 1, 2006

[H.R. 409]

PUBLIC LAW 109–375—DEC. 1, 2006 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) 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

Deadline.

120 STAT. 2658 PUBLIC LAW 109–375—DEC. 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.

Æ

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.