[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 604 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 604

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2009

Mr. Bishop of Utah introduced the following bill; which was referred to 
 the Committee on Natural Resources, and in addition to the Committees 
  on Energy and Commerce and Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   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,

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 of Bountiful, Utah, conveys to the Secretary of Agriculture 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 of 1980 (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.
                                 <all>