[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3473 Reported in Senate (RS)]






                                                      Calendar No. 1023
110th CONGRESS
  2d Session
                                H. R. 3473


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2008

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

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

_______________________________________________________________________

                                 AN ACT


 
   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.

    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 ``Bountiful City Land 
Consolidation Act''.</DELETED>

<DELETED>SEC. 2. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, 
              UTAH.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (f) Treatment of Remaining Federal Land.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Disposition of proceeds.--Funds received by 
        the Secretary as consideration under paragraph (2) shall be 
        deposited into the fund established by Public Law 90-171 
        (commonly known as the Sisk Act; 16 U.S.C. 484a). Funds so 
        deposited shall remain under the control of the Secretary and 
        be available to the Secretary, without further appropriation 
        and until expended, for the acquisition of land or interests in 
        land to be included in the Wasatch-Cache National 
        Forest.</DELETED>
<DELETED>    (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.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bountiful City Land Consolidation 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) City.--The term ``City'' means the City of Bountiful, 
        Utah.
            (2) Federal land.--The term ``Federal land'' means the land 
        under the jurisdiction of the Secretary identified on the map 
        as ``Shooting Range Special Use Permit Area''.
            (3) Map.--The term ``map'' means the map entitled 
        ``Bountiful City Land Consolidation Act'' and dated October 15, 
        2007.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the 3 parcels of City land comprising a total of approximately 
        1,680 acres, as generally depicted on the map.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.

SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.

    (a) In General.--Subject to subsections (c) through (g), if the 
City conveys to the Secretary all right, title, and interest of the 
City in and to the non-Federal land, the Secretary shall convey to the 
City all right, title, and interest of the United States in and to the 
Federal land.
    (b) Availability of Map.--The map shall be on file and available 
for public inspection in the appropriate offices of the Forest Service.
    (c) Valuation and Equalization.--
            (1) Valuation.--The value of the Federal land and the non-
        Federal land to be conveyed under subsection (a)--
                    (A) shall be equal, as determined by appraisals 
                carried out in accordance with section 206 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1716); or
                    (B) if not equal, shall be equalized in accordance 
                with paragraph (2).
            (2) Equalization.--If the value of the Federal land and the 
        non-Federal land to be conveyed in a land exchange under this 
        section is not equal, the value may be equalized by--
                    (A) making a cash equalization payment to the 
                Secretary or to the City, as appropriate; or
                    (B) reducing the acreage of the Federal land or the 
                non-Federal land to be exchanged, as appropriate.
    (d) Applicable Law.--Section 206 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land 
exchange authorized under subsection (a), except that the Secretary may 
accept a cash equalization payment in excess of 25 percent of the value 
of the Federal land.
    (e) Conditions.--
            (1) Liability.--
                    (A) In general.--As a condition of the exchange 
                under subsection (a), the Secretary shall--
                            (i) require that the City--
                                    (I) assume all liability for the 
                                shooting range located on the Federal 
                                land, including the past, present, and 
                                future condition of the Federal land; 
                                and
                                    (II) hold the United States 
                                harmless for any liability for the 
                                condition of the Federal land; and
                            (ii) comply with the hazardous substances 
                        disclosure requirements of section 120(h) of 
                        the Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9620(h)).
                    (B) Limitation.--Clauses (ii) and (iii) of section 
                120(h)(3)(A) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act (42 U.S.C. 
                9620(h)(3)(A)) shall not apply to the conveyance of 
                Federal land under subsection (a).
            (2) Additional terms and conditions.--The land exchange 
        under subsection (a) shall be subject to--
                    (A) valid existing rights; and
                    (B) such additional terms and conditions as the 
                Secretary may require.
    (f) Management of Acquired Land.--The non-Federal land acquired by 
the Secretary under subsection (a) shall be--
            (1) added to, and administered as part of, the Wasatch-
        Cache National Forest; and
            (2) managed by the Secretary in accordance with--
                    (A) the Act of March 1, 1911 (commonly known as the 
                ``Weeks Law'') (16 U.S.C. 480 et seq.); and
                    (B) any laws (including regulations) applicable to 
                the National Forest System.
    (g) Easements; Rights-of-Way.--
            (1) Bonneville shoreline trail easement.--In carrying out 
        the land exchange under subsection (a), the Secretary shall 
        ensure that an easement not less than 60 feet in width is 
        reserved for the Bonneville Shoreline Trail.
            (2) Other rights-of-way.--The Secretary and the City may 
        reserve any other rights-of-way for utilities, roads, and 
        trails that--
                    (A) are mutually agreed to by the Secretary and the 
                City; and
                    (B) the Secretary and the City consider to be in 
                the public interest.
    (h) Disposal of Remaining Federal Land.--
            (1) In general.--The Secretary may, by sale or exchange, 
        dispose of all, or a portion of, the parcel of National Forest 
        System land comprising approximately 220 acres, as generally 
        depicted on the map that remains after the conveyance of the 
        Federal land authorized under subsection (a), if the Secretary 
        determines, in accordance with paragraph (2), that the land or 
        portion of the land is in excess of the needs of the National 
        Forest System.
            (2) Requirements.--A determination under paragraph (1) 
        shall be made--
                    (A) pursuant to an amendment of the land and 
                resource management plan for the Wasatch-Cache National 
                Forest; and
                    (B) after carrying out a public process consistent 
                with the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
            (3) Consideration.--As consideration for any conveyance of 
        Federal land under paragraph (1), the Secretary shall require 
        payment of an amount equal to not less than the fair market 
        value of the conveyed National Forest System land.
            (4) Relation to other laws.--Any conveyance of Federal land 
        under paragraph (1) by exchange shall be subject to section 206 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716).
            (5) Disposition of proceeds.--Any amounts received by the 
        Secretary as consideration under subsection (c) or paragraph 
        (3) shall be--
                    (A) deposited in the fund established under Public 
                Law 90-171 (commonly known as the ``Sisk Act'') (16 
                U.S.C. 484a); and
                    (B) available to the Secretary, without further 
                appropriation and until expended, for the acquisition 
                of land or interests in land to be included in the 
                Wasatch-Cache National Forest.
            (6) Additional terms and conditions.--Any conveyance of 
        Federal land under paragraph (1) shall be subject to--
                    (A) valid existing rights; and
                    (B) such additional terms and conditions as the 
                Secretary may require.
                                                      Calendar No. 1023

110th CONGRESS

  2d Session

                               H. R. 3473

_______________________________________________________________________

                                 AN ACT

   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.

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment