[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1240 Reported in Senate (RS)]






                                                       Calendar No. 445
107th CONGRESS
  2d Session
                                S. 1240

                          [Report No. 107-178]

     To provide for the acquisition of land and construction of an 
  interagency administrative and visitor facility at the entrance to 
          American Fork Canyon, Utah, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2001

  Mr. Bennett introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                             June 25, 2002

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To provide for the acquisition of land and construction of an 
  interagency administrative and visitor facility at the entrance to 
          American Fork Canyon, Utah, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Timpanogos Interagency Land 
Exchange Act of 2001''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the facility that houses the administrative 
        office of the Pleasant Grove Ranger District of the Uinta 
        National Forest can no longer properly serve the purpose of the 
        facility;</DELETED>
        <DELETED>    (2) a fire destroyed the Timpanogos Cave National 
        Monument Visitor Center and administrative office in 1991, and 
        the temporary structure that is used for a visitor center 
        cannot adequately serve the public; and</DELETED>
        <DELETED>    (3) combining the administrative office of the 
        Pleasant Grove Ranger District with a new Timpanogos Cave 
        National Monument visitor center and administrative office in 1 
        facility would--</DELETED>
                <DELETED>    (A) facilitate interagency 
                coordination;</DELETED>
                <DELETED>    (B) serve the public better; and</DELETED>
                <DELETED>    (C) improve cost effectiveness.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this Act are--</DELETED>
        <DELETED>    (1) to authorize the Secretary of Agriculture to 
        acquire by exchange non-Federal land located in Highland, Utah 
        as the site for an interagency administrative and visitor 
        facility;</DELETED>
        <DELETED>    (2) to direct the Secretary of the Interior to 
        construct an administrative and visitor facility on the non-
        Federal land acquired by the Secretary of Agriculture; 
        and</DELETED>
        <DELETED>    (3) to direct the Secretary of Agriculture and the 
        Secretary of the Interior to cooperate in the development, 
        construction, operation, and maintenance of the 
        facility.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Facility.--The term ``facility'' means the 
        facility constructed under section 7 to house--</DELETED>
                <DELETED>    (A) the administrative office of the 
                Pleasant Grove Ranger District of the Uinta National 
                Forest; and</DELETED>
                <DELETED>    (B) the visitor center and administrative 
                office of the Timpanogos Cave National 
                Monument.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the parcels of land and improvements to the land in the Salt 
        Lake Meridian comprising--</DELETED>
                <DELETED>    (A) approximately 237 acres located in T. 
                5 S., R. 3 E., sec. 13, lot 1, SW</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, NE</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, E</DELETED>\<DELETED>1/
                2</DELETED>\<DELETED>, NW</DELETED>\<DELETED>1/
                4</DELETED>\ <DELETED>and E</DELETED>\<DELETED>1/
                2</DELETED>\<DELETED>, SW</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, as depicted on the map entitled 
                ``Long Hollow-Provo Canyon Parcel'', dated March 12, 
                2001;</DELETED>
                <DELETED>    (B) approximately 0.18 acre located in T. 
                7 S., R. 2 E., sec. 12, NW</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, as depicted on the map entitled 
                ``Provo Sign and Radio Shop'', dated March 12, 
                2001;</DELETED>
                <DELETED>    (C) approximately 20 acres located in T. 3 
                S., R. 1 E., sec. 33, SE</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, as depicted on the map entitled 
                ``Corner Canyon Parcel'', dated March 12, 
                2001;</DELETED>
                <DELETED>    (D) approximately 0.18 acre located in T. 
                29 S., R. 7 W., sec. 15, S</DELETED>\<DELETED>1/
                2</DELETED>\<DELETED>, as depicted on the map entitled 
                ``Beaver Administrative Site'', dated March 12, 
                2001;</DELETED>
                <DELETED>    (E) approximately 7.37 acres located in T. 
                7 S., R. 3 E., sec. 28, NE</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, SW</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, NE</DELETED>\<DELETED>1/
                4</DELETED>\<DELETED>, as depicted on the map entitled 
                ``Springville Parcel'', dated March 12, 2001; 
                and</DELETED>
                <DELETED>    (F) approximately 0.83 acre located in T. 
                5 S., R. 2 E., sec. 20, as depicted on the map entitled 
                ``Pleasant Grove Ranger District Parcel'', dated March 
                12, 2001.</DELETED>
        <DELETED>    (3) Non-federal land.--The term ``non-Federal 
        land'' means the parcel of land in the Salt Lake Meridian 
        comprising approximately 37.42 acres located at approximately 
        4,400 West, 11,000 North (SR-92), Highland, Utah in T. 4 S., R. 
        2 E., sec. 31, NW</DELETED>\<DELETED>1/4</DELETED>\<DELETED>, 
        as depicted on the map entitled ``The Highland Property'', 
        dated March 12, 2001.</DELETED>
        <DELETED>    (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture.</DELETED>

<DELETED>SEC. 4. AVAILABILITY OF MAPS.</DELETED>

<DELETED>    The maps described in paragraphs (2) and (3) of section 3 
shall be on file and available for public inspection in the Office of 
the Chief of the Forest Service until the land depicted in the maps is 
exchanged under this Act.</DELETED>

<DELETED>SEC. 5. EXCHANGE OF LAND FOR FACILITY SITE.</DELETED>

<DELETED>    (a) In General.--Subject to subsection (b), the Secretary 
may, under such terms and conditions as the Secretary may prescribe, 
convey by quitclaim deed all right, title, and interest of the United 
States in and to the Federal land in exchange for the conveyance of the 
non-Federal land.</DELETED>
<DELETED>    (b) Title to Non-Federal Land.--Before the land exchange 
takes place under subsection (a), the Secretary shall determine that 
title to the non-Federal land is acceptable based on the approval 
standards applicable to Federal land acquisitions.</DELETED>
<DELETED>    (c) Valuation of Non-Federal Land.--</DELETED>
        <DELETED>    (1) Determination.--The fair market value of the 
        land and the improvements on the land exchanged under this Act 
        shall be determined by an appraisal that--</DELETED>
                <DELETED>    (A) is approved by the Secretary; 
                and</DELETED>
                <DELETED>    (B) conforms with the Federal appraisal 
                standards, as defined in the publication entitled the 
                ``Uniform Appraisal Standards for Federal Land 
                Acquisitions'' published in 1992 by the Interagency 
                Land Acquisition Conference.</DELETED>
        <DELETED>    (2) Separate appraisals.--</DELETED>
                <DELETED>    (A) In general.--Each parcel of Federal 
                land described in section subparagraphs (A) through (F) 
                of section 3(2) shall be appraised 
                separately.</DELETED>
                <DELETED>    (B) Individual property values.--The 
                property values of each parcel shall not be affected by 
                the unit rule described in the Uniform Appraisal 
                Standards for Federal Land Acquisitions.</DELETED>
<DELETED>    (d) Cash Equalization.--Notwithstanding section 206(b) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1716(b))--</DELETED>
        <DELETED>    (1) if the value of the non-Federal land is less 
        than the value of the Federal land, the Secretary may accept a 
        cash equalization payment in excess of 25 percent of the value 
        of the Federal land; or</DELETED>
        <DELETED>    (2) if the value of the Federal land is less than 
        the value of the non-Federal land, the Secretary may make a 
        cash equalization payment in excess of 25 percent of the value 
        of the Federal land equal to the difference in value between 
        the Federal land and the value of the non-Federal 
        property.</DELETED>
<DELETED>    (e) Administration of Land Acquired by United States.--
</DELETED>
        <DELETED>    (1) Boundary adjustment.--</DELETED>
                <DELETED>    (A) In general.--On acceptance of title by 
                the Secretary--</DELETED>
                        <DELETED>    (i) the non-Federal land conveyed 
                        to the United States shall become part of the 
                        Uinta National Forest; and</DELETED>
                        <DELETED>    (ii) the boundaries of the 
                        national forest shall be adjusted to include 
                        the land.</DELETED>
                <DELETED>    (B) Allocation of land and water 
                conservation fund moneys.--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 national forest, 
                as adjusted under this section, shall be considered to 
                be boundaries of the national forest as of January 1, 
                1965.</DELETED>
        <DELETED>    (2) Applicable law.--Subject to valid existing 
        rights, the Secretary shall manage any land acquired under this 
        section in accordance with--</DELETED>
                <DELETED>    (A) the Act of March 1, 1911 (16 U.S.C. 
                480 et seq.) (commonly known as the ``Weeks Act''); 
                and</DELETED>
                <DELETED>    (B) other laws (including regulations) 
                that apply to National Forest System land.</DELETED>

<DELETED>SEC. 6. DISPOSITION OF FUNDS.</DELETED>

<DELETED>    (a) Deposit.--The Secretary shall deposit any cash 
equalization funds received in the land exchange in the fund 
established under Public Law 90-171 (16 U.S.C. 484a) (commonly known as 
the ``Sisk Act'').</DELETED>
<DELETED>    (b) Use of Funds.--Funds deposited under subsection (a) 
shall be available to the Secretary, without further appropriation, for 
the acquisition of land and interests in land for administrative sites 
in the State of Utah and land for the National Forest System.</DELETED>

<DELETED>SEC. 7. CONSTRUCTION AND OPERATION OF FACILITY.</DELETED>

<DELETED>    (a) Construction.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraph (2), as soon 
        as practicable after funds are made available to carry out this 
        Act, the Secretary of the Interior shall construct, and bear 
        responsibility for all costs of construction of, a facility and 
        all necessary infrastructure on non-Federal land acquired under 
        section 5.</DELETED>
        <DELETED>    (2) Design and specifications.--Prior to 
        construction, the design and specifications of the facility 
        shall be approved by the Secretary and the Secretary of the 
        Interior.</DELETED>
<DELETED>    (b) Operation and Maintenance of Facility.--The facility 
shall be occupied, operated, and maintained jointly by the Secretary 
(acting through the Chief of the Forest Service) and the Secretary of 
the Interior (acting through the Director of the National Park Service) 
under terms and conditions agreed to by the Secretary and the Secretary 
of the Interior.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timpanogos Interagency Land Exchange 
Act''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the facility that houses the administrative office of 
        the Pleasant Grove Ranger District of the Uinta National Forest 
        can no longer properly serve the purpose of the facility;
            (2) a fire destroyed the Timpanogos Cave National Monument 
        Visitor Center and administrative office in 1991, and the 
        temporary structure that is used for a visitor center cannot 
        adequately serve the public; and
            (3) combining the administrative office of the Pleasant 
        Grove Ranger District with a new Timpanogos Cave National 
        Monument visitor center and administrative office in one 
        facility would--
                    (A) facilitate interagency coordination;
                    (B) serve the public better; and
                    (C) improve cost effectiveness.
    (b) Purposes.--The purposes of this Act are--
            (1) to authorize the Secretary of Agriculture to acquire by 
        exchange non-Federal land located in Highland, Utah as the site 
        for an interagency administrative and visitor facility;
            (2) to direct the Secretary of the Interior to construct an 
        administrative and visitor facility on the non-Federal land 
        acquired by the Secretary of Agriculture; and
            (3) to direct the Secretary of Agriculture and the 
        Secretary of the Interior to cooperate in the development, 
        construction, operation, and maintenance of the facility.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Facility.--The term ``facility'' means the facility 
        constructed under section 7 to house--
                    (A) the administrative office of the Pleasant Grove 
                Ranger District of the Uinta National Forest; and
                    (B) the visitor center and administrative office of 
                the Timpanogos Cave National Monument.
            (2) Federal land.--The term ``Federal land'' means the 
        parcels of land and improvements to the land in the Salt Lake 
        Meridian comprising--
                    (A) approximately 237 acres located in T. 5 S., R. 
                3 E., sec. 13, lot 1, SW\1/4\, NE\1/4\, E\1/2\, NW\1/4\ 
                and E\1/2\, SW\1/4\, as depicted on the map entitled 
                ``Long Hollow-Provo Canyon Parcel'', dated March 12, 
                2001;
                    (B) approximately 0.18 acre located in T. 7 S., R. 
                2 E., sec. 12, NW\1/4\, as depicted on the map entitled 
                ``Provo Sign and Radio Shop'', dated March 12, 2001;
                    (C) approximately 20 acres located in T. 3 S., R. 1 
                E., sec. 33, SE\1/4\, as depicted on the map entitled 
                ``Corner Canyon Parcel'', dated March 12, 2001;
                    (D) approximately 0.18 acre located in T. 29 S., R. 
                7 W., sec. 15, S\1/2\, as depicted on the map entitled 
``Beaver Administrative Site'', dated March 12, 2001;
                    (E) approximately 7.37 acres located in T. 7 S., R. 
                3 E., sec. 28, NE\1/4\, SW\1/4\, NE\1/4\, as depicted 
                on the map entitled ``Springville Parcel'', dated March 
                12, 2001; and
                    (F) approximately 0.83 acre located in T. 5 S., R. 
                2 E., sec. 20, as depicted on the map entitled 
                ``Pleasant Grove Ranger District Parcel'', dated March 
                12, 2001.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the parcel of land in the Salt Lake Meridian comprising 
        approximately 37.42 acres located at approximately 4,400 West, 
        11,000 North (SR-92), Highland, Utah in T. 4 S., R. 2 E., sec. 
        31, NW\1/4\, as depicted on the map entitled ``The Highland 
        Property'', dated March 12, 2001.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 4. MAPS AND LEGAL DESCRIPTIONS.

    (a) Availability of Maps.--The maps described in paragraphs (2) and 
(3) of section 3 shall be on file and available for public inspection 
in the Office of the Chief of the Forest Service until the date on 
which the land depicted on the maps is exchanged under this Act.
    (b) Technical Corrections to Legal Descriptions.--The Secretary may 
correct minor errors in the legal descriptions in paragraphs (2) and 
(3) of section 3.

SEC. 5. EXCHANGE OF LAND FOR FACILITY SITE.

    (a) In General.--Subject to subsection (b), the Secretary may, 
under such terms and conditions as the Secretary may prescribe, convey 
by quitclaim deed all right, title, and interest of the United States 
in and to the Federal land in exchange for the conveyance of the non-
Federal land.
    (b) Title to Non-Federal Land.--Before the land exchange takes 
place under subsection (a), the Secretary shall determine that title to 
the non-Federal land is acceptable based on the approval standards 
applicable to Federal land acquisitions.
    (c) Valuation of Non-Federal Land.--
            (1) Determination.--The fair market value of the land and 
        the improvements on the land exchanged under this Act shall be 
        determined by an appraisal that--
                    (A) is approved by the Secretary; and
                    (B) conforms with the Federal appraisal standards, 
                as defined in the publication entitled ``Uniform 
                Appraisal Standards for Federal Land Acquisitions''.
            (2) Separate appraisals.--
                    (A) In general.--Each parcel of Federal land 
                described in subparagraphs (A) through (F) of section 
                3(2) shall be appraised separately.
                    (B) Individual property values.--The property 
                values of each parcel shall not be affected by the unit 
                rule described in the Uniform Appraisal Standards for 
                Federal Land Acquisitions.
    (d) Cash Equalization.--Notwithstanding section 206(b) of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the 
Secretary may, as the circumstances require, either make or accept a 
cash equalization payment in excess of 25 percent of the total value of 
the lands or interests transferred out of Federal ownership.
    (e) Administration of Land Acquisition by United States.--
            (1) Boundary adjustment.--
                    (A) In general.--On acceptance of title by the 
                Secretary--
                            (i) the non-Federal land conveyed to the 
                        United States shall become part of the Uinta 
                        National Forest; and
                            (ii) the boundaries of the national forest 
                        shall be adjusted to include the land.
                    (B) Allocation of land and water conservation fund 
                moneys.--For purposes of section 7 of the Land and 
                Water Conservation Fund Act of 1965 (16 U.S.C. 4601-
                099), the boundaries of the national forest, as 
                adjusted under this section, shall be considered to be 
                boundaries of the national forest as of January 1, 
                1965.
            (2) Applicable law.--Subject to valid existing rights, the 
        Secretary shall manage any land acquired under this section in 
        accordance with--
                    (A) the Act of March 1, 1911 (16 U.S.C. 480 et 
                seq.) (commonly known as the ``Weeks Act''); and
                    (B) other laws (including regulations) that apply 
                to National Forest System land.

SEC. 6. DISPOSITION OF FUNDS.

    (a) Deposit.--The Secretary shall deposit any cash equalization 
funds received in the land exchange in the fund established under 
Public Law 90-171 (16 U.S.C. 484a) (commonly known as the ``Sisk 
Act'').
    (b) Use of Funds.--Funds deposited under subsection (a) shall be 
available to the Secretary, without further appropriation, for the 
acquisition of land and interests in land for administrative sites in 
the State of Utah and land for the National Forest System.

SEC. 7. CONSTRUCTION AND OPERATION OF FACILITY.

    (a) Construction.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after funds are made available to carry out this 
        Act, the Secretary of the Interior shall construct, and bear 
        responsibility for all costs of construction of, a facility and 
        all necessary infrastructure on non-Federal land acquired under 
        section 5.
            (2) Design and specifications.--Prior to construction, the 
        design and specifications of the facility shall be approved by 
        the Secretary and the Secretary of the Interior.
    (b) Operation and Maintenance of Facility.--The facility shall be 
occupied, operated, and maintained jointly by the Secretary (acting 
through the Chief of the Forest Service) and the Secretary of the 
Interior (acting through the Director of the National Park Service) 
under terms and conditions agreed to by the Secretary and the Secretary 
of the Interior.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.




                                                       Calendar No. 445

107th CONGRESS

  2d Session

                                S. 1240

                          [Report No. 107-178]

_______________________________________________________________________

                                 A BILL

     To provide for the acquisition of land and construction of an 
  interagency administrative and visitor facility at the entrance to 
          American Fork Canyon, Utah, and for other purposes.

_______________________________________________________________________

                             June 25, 2002

                       Reported with an amendment