I 111th CONGRESS 1st Session H. R. 604 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.

1.

Short title

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

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.

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.