[Congressional Record Volume 145, Number 162 (Tuesday, November 16, 1999)]
[House]
[Page H12006]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   CLARIFYING LEGAL EFFECT OF LAND ACQUISITION IN RED CLIFFS DESERT 
                                RESERVE

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 2863) to clarify the legal effect on the United States of 
the acquisition of a parcel of land in the Red Cliffs Desert Reserve in 
the State of Utah.
  The Clerk read as follows:

                               H.R. 2863

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

     SECTION 1. TREATMENT OF CERTAIN LAND IN RED CLIFFS DESERT 
                   RESERVE, UTAH, ACQUIRED BY EXCHANGE.

       (a) Limitation on Liability.--In support of the habitat 
     conservation plan of Washington County, Utah, for the 
     protection of the desert tortoise and surrounding habitat, 
     the transfer of the land described in subsection (b) from the 
     city of St. George, Utah, to the United States shall convey 
     no liability on the United States that did not already exist 
     with the United States on the date of the transfer of the 
     land.
       (b) Description of Land.--The land referred to in 
     subsection (a) is a parcel of approximately 15 acres of land 
     located within the Red Cliffs Desert Reserve in Washington 
     County, Utah, that was formerly used as a landfill by the 
     city of St. George.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from Puerto Rico (Mr. Romero-
Barcelo) each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 2863, introduced by myself on September 14, 1999, 
would clarify the legal effect on the United States of the acquisition 
of a parcel of land in the Red Cliffs Desert Reserve in the State of 
Utah.
  This legislation was introduced at the request of the Bureau of Land 
Management. This bill deals with the problem with an anticipated land 
exchange between the city of St. George and the BLM. This exchange is 
also designed to facilitate the Washington County, Utah, habitat 
conservation plan for the desert tortoise.
  A certain parcel of land that the BLM wants to acquire used to be a 
landfill. The BLM wants to acquire the lands in the exchange, but they 
do not want to accept liability for any unknown toxic material that may 
be in the landfill.
  This bill would leave liability for the landfill in the hands of the 
city. Thus, the BLM would not be forced to accept liability. The BLM 
refuses to go through with the lands exchange unless this bill is 
passed. Both the BLM and the city are in favor of this legislation. Mr. 
Speaker, this is a good bill, and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ROMERO-BARCELO. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. ROMERO-BARCELO asked and was given permission to revise and 
extend his remarks.)

                              {time}  1230

  Mr. ROMERO-BARCELO. Mr. Speaker, H.R. 2863 would clarify the legal 
effect on the United States of the acquisition of a parcel of land in 
the Red Cliffs Desert Reserve in Utah. It is our understanding that the 
Bureau of Land Management and the City of St. George, Utah, are 
negotiating a land exchange designed to facilitate a Habitat 
Conservation Plan for the desert tortoise. We have been told that one 
of the parcels the Bureau of Land Management wants to acquire was 
formally used as a landfill. Obviously, the BLM is concerned about 
acquiring this land and thus being liable for any unknown materials 
that may be in the landfill.
  H.R. 2863 would leave legal liability for the landfill in the hands 
of the city. We understand that this is agreeable to both the city and 
the Bureau of Land Management.
  Mr. Speaker, like H.R. 2862, this bill is also being brought to the 
floor without ever having been considered by the Committee on 
Resources. However, there appears to be a clear public benefit to the 
United States in this legislation and as such, we have no objection to 
the House considering the measure today.
  Mr. Speaker, I have no other speakers, and I yield back the balance 
of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Ose). The question is on the motion 
offered by the gentleman from Utah (Mr. Hansen) that the House suspend 
the rules and pass the bill, H.R. 2863.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________