[DOCID: f:hr534.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-534
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BOUNTIFUL CITY LAND CONSOLIDATION ACT
_______
February 28, 2008.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3473]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3473) to provide for a land exchange with the City
of Bountiful, Utah, involving National Forest System land in
the Wasatch-Cache National Forest and to further land ownership
consolidation in that national forest, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bountiful City Land Consolidation
Act''.
SEC. 2. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) Land Exchange Authorized.--If the City of Bountiful, Utah (in
this section referred to as the ``City''), conveys to the Secretary of
Agriculture all right, title, and interest of the City in and to three
parcels of land consisting of a total of approximately 1,680 acres
identified on the map entitled ``Bountiful City Land Consolidation
Act'', the Secretary may convey to the City in exchange all right,
title, and interest of the United States in and to such quantity of
National Forest System land located in the Wasatch-Cache National
Forest in Township 2, North, Range 1 East, Salt Lake Meridian, and
identified for possible conveyance on the map such that the value of
the land acquired by the Secretary is equal to the value of the Federal
land conveyed. The value of the Federal and City lands to be exchanged
shall be determined by an appraisal carried out in accordance with
section 206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(b) Availability of Map.--The map referred to in subsection (a) shall
be on file and available for public inspection in the Office of the
Chief of the Forest Service.
(c) Land Exchange Process.--Section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized by subsection (a).
(d) Management of Acquired Land.--The lands acquired by the Secretary
under subsection (a) shall be added to and administered as part of the
Wasatch-Cache National Forest and managed in accordance with the Act of
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.)
and the laws and regulations applicable to the National Forest System.
(e) Bonneville Shoreline Trail and Other Rights-of-Way.--In making
the land exchange authorized by subsection (a), the Secretary shall
ensure that an easement not less than 60 feet in width is reserved for
the Bonneville Shoreline Trail. The Secretary and the City may reserve
such other rights-of-way for utilities, roads, and trails as they may
agree upon and which they consider to be in the public interest.
(f) Treatment of Remaining Federal Land.--
(1) Disposal authority.--In the case of any National Forest
System land identified for possible conveyance on the map
referred to in subsection (a) and not exchanged under such
subsection, the Secretary may dispose of all or a portion of
the remaining land upon a determination by the Secretary,
pursuant to an amendment of the land and resource management
plan for Wasatch-Cache National Forest and a public process
consistent with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), that the land or portion thereof is
in excess to the needs of the National Forest System.
(2) Consideration.--As consideration for any conveyance of
land under this subsection, the Secretary shall require an
amount equal to not less than the fair market value of the
conveyed land.
(3) Relation to other laws.--Any conveyance of land under
this subsection by exchange shall be subject to section 206 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(g) Additional Terms and Conditions.--The land exchange under
subsection (a) shall be subject to such additional terms and conditions
as the Secretary and the City may agree upon, and any conveyance under
subsection (f) shall be subject to such additional terms and conditions
as the Secretary may require.
PURPOSE OF THE BILL
The purpose of H.R. 3473 is to provide a land exchange with
the City of Bountiful, Utah, involving National Forest System
land in the Wasatch-Cache National Forest and to further land
ownership consolidation in the National Forest, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3473 facilitates a land exchange in the Wasatch-Cache
National Forest in Utah.
Of the 220 acres of National Forest System lands identified
for possible exchange on the map entitled ``Bountiful City Land
Consolidation Map,'' approximately 38 acres are currently under
a special use permit to the Bountiful Lions Club for a shooting
range. The City of Bountiful, Utah, is interested in acquiring
the land occupied by the shooting range, and any additional
federal land identified on the map and determined to be of
equal value to the City of Bountiful land exchanged. The City
of Bountiful will exchange three parcels, one of 400 acres, a
second of 640 acres, and a third of 640 acres.
Preliminary estimates of the value of the federal land
identified for possible exchange on the map indicate that the
federal land is approximately 2-3 times more valuable than the
City of Bountiful land identified on the map. Therefore, H.R.
3473, as amended, would require that the Secretary of
Agriculture exchange such quantity of federal land identified
on the map and determined to be equal to the value of the City
of Bountiful land.
COMMITTEE ACTION
H.R. 3473 was introduced on September 5, 2007 by
Representative Rob Bishop (R-UT). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
October 30, 2007 the Subcommittee held a hearing on the bill
during which the Forest Service testified in support of H.R.
3473. On February 13, 2008, the full Natural Resources
Committee met to consider the bill. Representative Rob Bishop
(R-UT) offered an amendment in the nature of a substitute
making the land exchange an equal value land exchange subject
to Section 206 of the Federal Land Policy Management Act. The
amendment in the nature of a substitute also gives the
Secretary of Agriculture authority to dispose of all or a
portion of the remaining federal land not exchanged upon a
determination by the Secretary that the land or portion thereof
is in excess to the needs of the National Forest System. The
Bishop amendment was adopted by unanimous consent. The bill, as
amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 cites this Act as the ``Bountiful City Land
Consolidation Act''.
Section 2. Land exchange, Wasatch-Cache National Forest, Utah
Section 2(a) authorizes a land exchange between the
Secretary of Agriculture and the City of Bountiful, Utah. If
the City of Bountiful conveys to the Secretary of Agriculture
all right, title, and interest of the City in and to three
parcels of land consisting of a total of approximately 1,680
acres, the Secretary may convey to the City in exchange all
right, interest, and title in and to such quantity of National
Forest System land identified for possible conveyance on the
map, such that the value of the land acquired by the Secretary
is equal to the value of the federal land conveyed. The value
of the federal and city lands shall be determined by an
appraisal carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976.
Section 2(c) requires that Section 206 of the Federal Land
Policy and Management Act of 1976 apply to the land exchange
authorized by subsection (a).
Section 2(e) requires that in making the land exchange
authorized by subsection (a), the Secretary of Agriculture
ensure that an easement of not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
Section 2(f) covers the treatment of remaining federal land
not exchanged in subsection (a). In the case of any National
Forest System land identified for conveyance on the map but not
exchanged under subsection (a), the Secretary may dispose of
all or a portion of the remaining land upon a determination by
the Secretary, pursuant to an amendment of the land and
resource management plan for the Wasatch-Cache National Forest
and a public process consistent with the National Environmental
Policy Act of 1969, that the land or portion thereof is in
excess to the needs of the National Forest System. The
Secretary shall require an amount equal to not less than fair
market value for these lands, and any conveyance of land shall
be subject to section 206 of the Federal Land Policy and
Management Act of 1976.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3473--Bountiful City Land Consolidation Act
H.R. 3473 would authorize the Forest Service to exchange up
to 220 acres ofland in Utah for about 1,680 acres owned by the
city of Bountiful. CBO estimates that implementing this bill
would have no significant effect on discretionary spending. The
bill could increase offsetting receipts and direct spending,
but we estimate that any such changes would offset each other
over the next few years.
Under H.R. 3473, the Forest Service would exchange land
located in the Wasatch-Cache National Forest for lands of equal
value owned by the city. If the agency does not have to
exchange all of the 220 acres to receive the city land, it
would be authorized to sell the remainder. As a result,
enacting this legislation could increase offsetting receipts (a
credit against direct spending). The bill does not specify how
those proceeds--an estimated $1 million should be treated.
Based on the treatment of similar proceeds, however, CBO
assumes that they would be available to the Forest Service
without further appropriation. Therefore, enacting the bill
would have no net impact on direct spending. Finally, the bill
would not affect revenues.
H.R. 3473 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.
The CBO staff contact for this estimate is Tyler Kruzich.
This estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3473 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
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