the Sisk Act; 16 U.S.C. 484a). The cash equalization pay-
ment shall be available to the Secretary until expended,
without further appropriation, for the acquisition of lands
and interests in lands for the National Forest System in
the State of California.
(f) COST COLLECTION FUNDS.—The owner of the
non-Federal land shall be responsible for all direct costs
associated with processing the land exchange under this
section and shall pay the Secretary the necessary funds,
which shall be deposited in a cost collection account.
Funds so deposited shall be available to the Secretary
until expended, without further appropriation, for the cost
associated with the land exchange. Any funds remaining
after completion of the land exchange, which are not need-
ed to cover expenses, shall be refunded to the owner of
the non-Federal land.
SEC. 4. GRANT OF EASEMENT IN CONNECTION WITH HY-
DROELECTRIC PROJECT NO. 67.
(a) PURPOSE.—A hydroelectric project, licensed pur-
suant to the Federal Power Act (16 U.S.C. 791a et seq.)
as Project No. 67, is located on a majority of the Federal
land authorized for exchange under section 3. To protect
the ability of the owner of Project No. 67 to continue to
operate and maintain that hydroelectric project under the
current and all future licenses or authorizations issued
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-
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 Grant-
ee, an interference or obstruction to the hydropower and
reservoir purposes. No other easements, leases, or licenses
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 un-
reasonably withheld. The terms, covenants and conditions
of this Grant of Easement shall bind and inure to the ben-
efit of the successors and assigns of Grantor and the suc-
cessors 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,
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
offers shall not affect its right of first offer as to any other
proposed conveyance by the Council.
Passed the House of Representatives November 18,
2003.
Attest:
Clerk.