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[109th Congress Public Law 375]
[From the U.S. Government Printing Office]

[DOCID: f:publ375.109]

[[Page 2655]]

            SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2006

[[Page 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 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 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.

                                  <all>
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