[Congressional Record Volume 148, Number 108 (Thursday, August 1, 2002)]
[Senate]
[Pages S8013-S8015]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                TIMPANOGOS INTERAGENCY LAND EXCHANGE ACT

  The Senate proceeded to consider the bill (S. 1240) to provide for 
the acquisition of land and construction of an interagency 
administrative and visitor facility at the entrance to American Fork 
Canyon, UT, and for other purposes, which had been reported from the 
Committee on Energy and Natural Resources, with an amendment to strike 
all after the enacting clause and inserting in lieu thereof the 
following:
  [Strike the part in boldface brackets and insert the part printed in 
italic.]

                                S. 1240

       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 ``Timpanogos Interagency Land 
     Exchange Act of 2001''.

     [SEC. 2. FINDINGS.

         [(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 1 
     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.

[[Page S8014]]

       [(4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.

     [SEC. 4. 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 land 
     depicted in the maps is exchanged under this Act.

     [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 the ``Uniform Appraisal 
     Standards for Federal Land Acquisitions'' published in 1992 
     by the Interagency Land Acquisition Conference.
       [(2) Separate appraisals.--
       [(A) In general.--Each parcel of Federal land described in 
     section 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))--
       [(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
       [(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.
       [(e) Administration of Land Acquired 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. 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.
       [(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.]

     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.

[[Page S8015]]

       (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.
  The Committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1240), as amended, was read the third time, and passed.
  (The bill will be printed in a future edition of the Record.)

                          ____________________