Sierra National Forest Land Exchange Act of 2006
PL 109-375 (H.R.409), enacted 12/01/2006

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 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
DESCRIP-
TIONS.—
(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]
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120 STAT. 2657
PUBLIC LAW 109–375—DEC. 1, 2006
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 modifica-
tions 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 Cali-
fornia.
(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 Sec-
retary 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.
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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.
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 PUR-
POSES.
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.
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