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pursuant to the Federal Power Act or any other applicable 
law, this section is necessary. 
(b) EASEMENT REQUIRED.—Before conveying the 
Federal land under section 3, the Secretary shall grant 
an easement, without consideration, to the owner of 
Project No. 67 for the right to enter, occupy, and use for 
hydroelectric power purposes the Federal land currently 
within the licensed boundary for Project No. 67. The 
Project No. 67 owner shall hold harmless the Secretary 
for any claims against the owner due to the grant of ease-
ment. 
(c) REQUIRED TERMS AND CONDITIONS.—The ease-
ment granted under this section shall provide the fol-
lowing: ‘‘The United States of America, hereinafter called 
‘Grantor’, pursuant to a congressional authorization, here-
by grants, transfers, and conveys unto the [insert name 
of Project No. 67 owner], its successors and assigns, here-
inafter called ‘Grantee’, all those certain exclusive ease-
ments and rights in, on, under, over, along, and across 
certain real property described in Exhibit A, attached 
hereto [attach description of real property subject to the 
easement] and incorporated herein (the ‘Property’), for 
any purpose or activity that Grantee deems convenient or 
necessary to the creation, generation, transmission, or dis-
tribution of hydropower on and off the Property, includ-
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ing, but not limited to, the right to inundate the Property 
with water, reservoir management, and compliance with 
legal obligations in accordance with the applicable Federal 
Energy Regulatory Commission license and those non-ex-
clusive easements and rights to use, occupy, and enter the 
Property, and to allow others to use, occupy, and enter 
the Property, for other purposes related to hydropower 
and reservoir management and use, such as recreation by 
Grantee or the public, and regulation of any activities on 
the Property that may impact such purposes, at any time 
and from time to time. Grantor further grants, transfers, 
and conveys unto the Grantee the right of assignment, in 
whole or in part, to others, without limitation. Grantee 
shall have the right to take such actions on the Property 
as may be necessary to comply with all applicable laws, 
rules, regulations, ordinances, orders and other govern-
mental, regulatory, and administrative authorities and re-
quirements, or that may be necessary for the economical 
entry, occupancy, and use of the Property for hydropower 
purposes. Grantor, its successors and assigns, shall not 
deposit or permit or allow to be deposited, earth, rubbish, 
debris or any other substance or material on the Property, 
or so near thereto as to constitute, in the opinion of the 
Grantee, an interference or obstruction to the hydropower 
and reservoir purposes. No other easements, leases, or li-
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censes shall be granted on, under or over the Property 
by Grantor to any person, firm or corporation without the 
previous written consent of Grantee, which consent shall 
not be unreasonably withheld. The terms, covenants and 
conditions of this Grant of Easement shall bind and inure 
to the benefit of the successors and assigns of Grantor 
and the successors and assigns of Grantee.’’. 
SEC. 5. RIGHT OF FIRST OFFER FOR SUBSEQUENT CONVEY-
ANCE OF FEDERAL LAND. 
(a) RIGHT OF FIRST OFFER.—As a condition on the 
conveyance of the Federal land under section 3 and its 
reconveyance to the Sequoia Council of the Boy Scouts 
of America, as required by section 3(d)(1), the Secretary 
shall require that the Council agree to provide the owner 
of the easement granted under section 4 the right of first 
offer to obtain the Federal land, or any portion thereof, 
that the Council ever proposes to sell, transfer, or other-
wise convey. 
(b) NOTICE AND OFFER.—If the Council proposes to 
sell, transfer, or otherwise convey the Federal land or a 
portion thereof, the Council shall give the easement owner 
written notice specifying the terms and conditions on 
which the conveyance is proposed and offering to convey 
to the easement owner, on the same terms and conditions,
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the Federal land or the portion thereof proposed for con-
veyance. 
(c) ACCEPTANCE OR REJECTION OF OFFER.—Within 
90 days after the easement owner receives the notice re-
quired by subsection (b) and all available documents nec-
essary to perform reasonable due diligence on the pro-
posed conveyance, the easement owner shall either accept 
or reject the offer. If the easement owner accepts the offer, 
the closing of the sale shall be governed by the terms of 
the offer in the notice. 
(d) EFFECT
OF REJECTION.—If the hydropower 
easement owner rejects an offer under subsection (b) or 
fails to respond to the offer before the expiration of the 
90-day period provided in subsection (c), the Council may 
convey the property covered by the notice to any other per-
son on the same terms and conditions specified in the no-
tice. If those terms and conditions are subsequently al-
tered in any way, then the notice and offer shall again 
be made to the easement owner under subsection (b). The 
rejection by the easement owner of one or more of such
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offers shall not affect its right of first offer as to any other 
proposed conveyance by the Council. 
Passed the House of Representatives September 20, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.