[Senate Report 109-243]
[From the U.S. Government Publishing Office]
Calendar No. 405
109th Congress Report
SENATE
2d Session 109-243
======================================================================
SIERRA NATIONAL FOREST LAND EXCHANGE ACT OF 2006
_______
April 20, 2006.--Ordered to be printed
Filed, under authority of the order of the Senate of April 7, 2006
Mr. Domenici, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 409]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 409) to provide for the exchange of land
within the Sierra National Forest, California, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the Act, as amended, do
pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
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 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
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 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.
(a) Easement Required.--
(1) In general.--As part of the exchange authorized by this
Act, the Secretary shall, without consideration, grant to the
owner of Project No. 67 an easement for the right to enter,
occupy, and use for hydroelectric power purposes the Federal
land currently within the licensed boundary for Project No. 67.
(2) Required terms and conditions.--The easement granted
under paragraph (1) shall contain such terms and conditions as
are agreed to by the Secretary, the Council, and the owner of
Project No. 67.
(b) Right of First Refusal.--As a condition of the conveyance of the
Federal land under section 3(a)(1) and the reconveyance of the Federal
land to the Council, the Council shall provide to the owner of Project
No. 67, under such terms and conditions as are agreed to by the Council
and the owner of Project No. 67, a right of first refusal to obtain the
Federal land, or portion of the Federal land, that the Council proposes
to sell, transfer, or otherwise convey.
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.
PURPOSE OF THE MEASURE
The purpose of H.R. 409 is to provide for the exchange of
land within the Sierra National Forest, California, to benefit
the Boy Scouts of America.
BACKGROUND AND NEED
The Sequoia Council Boy Scouts currently has a Special Use
Permit that allows them to operate a summer camp on
approximately 2\2/3\ acres of the Sierra National Forest,
California. The Boy Scouts would like to acquire a 160 acre
parcel of National Forest land that is surrounded by private
land and includes the 2\2/3\ acres permitted to the Boy Scouts.
Only about 13 acres of the 160-acre parcel is above water; the
remaining 147 acres are submerged under Shaver Lake, a
reservoir operated by Southern California Edison Corporation
under a Federal permit to produce hydroelectricity.
A private citizen currently owns an 80-acre inholding in
the Sierra National Forest. H.R. 409 would direct the exchange
of the 80-acre private inholding in the National Forest for the
160-acre parcel of Forest Service land on the shores of and
underneath Shaver Lake. The private citizen would then convey
the 160 acres to the Boy Scouts.
In 1998, the Forest Service and the private landowner
signed an agreement to initiate the exchange. However, the
appraised values of the land were a point of contention. In
2003, the Forest Service and the private inholder came to an
agreement where the Forest Service's 160-acre parcel is valued
at $250,000 and the 80-acre inholding is valued at $200,000.
The private inholder has agreed to pay the difference of
$50,000 to the Forest Service to finalize the land exchange.
LEGISLATIVE HISTORY
H.R. 409 was introduced by Representative George Radanovich
on January 26, 2005. H.R. 409 was passed by the House of
Representatives under suspension of the rules on September 20,
2005. On September 21, 2005, H.R. 409 was received in the
Senate and referred to the Committee on Energy and Natural
Resources. A companion bill, S. 179, was introduced by Senator
Feinstein on January 26, 2005. The Subcommittee on Public Lands
and Forests held a hearing on S. 179 on March 8, 2005 (S. Hrg.
109-19). On March 8, 2006, the Committee on Energy and Natural
Resources ordered H.R. 409 favorably reported, with an
amendment in the nature of substitute, by voice vote.
A similar bill (H.R. 1651) was introduced by Representative
Radanovich in the 108th Congress. The Subcommittee on Forests
and Forest Health held a hearing on July 19, 2003, and
favorably reported the bill, with an amendment (H. Rept. 108-
256). The House passed H.R. 1651, as amended, on a voice vote
on November 18, 2003. The Subcommittee on Public Lands and
Forests held a hearing on September 29, 2004 (S. Hrg. 108-748).
No further action was taken in the 108th Congress.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on March 8, 2006, by voice vote of a
quorum present recommends that the Senate pass H.R. 409, if
amended as described herein.
COMMITTEE AMENDMENT
The Committee adopted an amendment in the nature of a
substitute, which made technical corrections and deleted
specific direction on the granting of an easement to the
Southern California Edison Corporation by the Sequoia Council
of the Boy Scouts of America. Instead, the amendment directs
the Secretary, the Boy Scouts, and Southern California Edison
Corporation to agree to an easement before the exchange may be
implemented. Additionally, the amendment added language that
directs the Secretary to ensure that the public interest is
well served in exercising any discretion necessary to carry out
this Act.
SECTION-BY-SECTION ANALYSIS
Sections 1 and 2--provide the short title and definitions
for the bill.
Section 3--directs the Secretary of Agriculture to convey,
under such terms and conditions as the Secretary may require,
the Federal lands to the private landowner if the private
landowner offers the private lands and a cash equalization
payment of $50,000 within one year after the Act is signed into
law.
Subsection (b)--establishes the value of the non-Federal
land to be $200,000 and the value of the Federal land to be
$250,000.
Subsections (c) and (d)--direct the management of the lands
acquired by the Federal government and provides for the
conditions on the conveyance of the Federal land, including
that the private landowner subsequently convey the Federal land
to the Boy Scouts and that an easement and right of first
refusal be granted to Southern California Edison.
Subsection (e)--directs that the cash equalization payment
be deposited into a Sisk Act account to be expended in the
State of California for the acquisition of Federal lands.
Subsection (f)--requires the non-Federal land owner to pay
for the direct costs of carrying out the land exchange.
Subsection (g)--incorporates the lands to be acquired by
the Sierra National Forest in to its boundaries for the
purposes of the Land and Water Conservation Fund Act of 1965.
Section 4(a)--directs the Secretary of Agriculture to
provide Southern California Edison Corporation an easement over
the Federal lands within the hydroelectric project's
boundaries, without consideration, to enter, occupy, and use
those lands for hydroelectric power purposes, under such terms
and conditions as are mutually agreeable to the Secretary, the
Boy Scouts, and Southern California Edison Corporation.
Section 4(b)--directs the Boy Scouts to grant Southern
California Edison Corporation a right of first refusal.
Section 5--directs the Secretary to ensure that the public
interest is well served in exercising any discretion necessary
to carry out the Act.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office.
H.R. 409--Sierra National Forest Land Exchange Act of 2006
CBO estimates that H.R. 409 would increase offsetting
receipts and direct spending by less than $100,000 in 2007.
Enacting the legislation would not affect revenues. H.R. 409
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and would impose no
costs on state, local, or tribal governments.
H.R. 409 would authorize the Secretary of Agriculture to
exchange 160 acres of federal land in California for 80 acres
of privately owned land in that state. According to the Forest
Service, the affected federal land currently generates no
significant receipts and is not expected to do so over the next
10 years. Therefore, CBO estimates that conveying the property
would not affect offsetting receipts from programs to develop
natural resources.
Under the legislation, the private landowner would pay to
the Secretary an amount sufficient to cover all direct costs
for administering the exchange. Based on information from the
Forest Service, CBO estimates such payments would not exceed
$50,000. The private landowner also would pay to the Secretary
$50,000 to equalize the value of lands involved in the
exchange. Under the legislation, the Secretary could spend,
without further appropriation, all amounts received from the
private landowner to complete the exchange and to acquire other
nonfederal land and interests in California. CBO estimates that
any resulting net change in direct spending would be
negligible.
As part of the authorized exchange, the Secretary would
grant, without consideration, to the owner of a hydroelectric
project an easement for the right to enter, occupy, and use a
portion of the federal land that would be conveyed. H.R. 409
also specifies that the owner of that project would have the
right of first refusal to obtain the affected land if it is
subsequently sold. CBO estimates that those provisions would
not affect federal spending.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 409.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 409.
EXECUTIVE COMMUNICATIONS
The Administration has not testified on H.R. 409, but it
did testify on S. 179 a companion bill at a Public Lands and
Forests Subcommittee held on March 8, 2005, as follows:
Statement of Mark Rey, Under Secretary, Natural Resources and
Environment, Department of Agriculture
Mr. Chairman and Members of the Subcommittee, thank you for
giving me the opportunity to present the views of the U.S.
Department of Agriculture on S. 179, the Sierra National Forest
Land Exchange.
The Department supports S. 179. Evaluation of the
properties was previously conducted. Based on this valuation
and resource analysis, the Administration believes the public
is receiving above market value for the Federal property. S.
179 authorizes the exchange of 160 acres of Federal land on the
Sierra National Forest in California for 80 acres of non-
Federal land within one year of the date of enactment. The bill
would provide for the exchange of a private in-holding for two
isolated parcels of federal land, thus improving management
efficiency for the Sierra National Forest.
An existing Federal hydropower project is located on a
portion of the Federal parcel. The Federal parcel is adjacent
to and also partially inundated by Shaver Lake. The lake is
part of the Big Creek System that produces up to 1,056
megawatts of electricity. The Boy Scouts of America operate a
scout camp on land adjacent to the Federal parcel and conduct
some of their activities on the Sierra National Forest for
which they have a special use permit.
S. 179 specifies that the value of Federal land is $250,000
and the value of the non-Federal land is $200,000. The bill
gives the Secretary the authority to accept a cash equalization
payment equal to 20 percent of the value of the Federal land or
25 percent of the value of the non-Federal land. The conveyance
would be subject to a condition that the recipient of the
Federal land would agree to convey the land, within four months
to the Sequoia Council of the Boy Scouts of America. Under
section 3(a)(1) of the bill, the conveyance would also be made
subject to valid existing rights. These valid existing rights
would include the terms of the easement required under section
4(b).
Mr. Chairman, this concludes my statement. I would be happy
to answer any questions you may have for me at this time.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 409 as ordered
reported.