[Congressional Record Volume 158, Number 110 (Monday, July 23, 2012)]
[House]
[Pages H5085-H5086]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Y MOUNTAIN ACCESS ENHANCEMENT ACT
Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 4484) to provide for the conveyance of a small
parcel of National Forest System land in the Uinta-Wasatch-Cache
National Forest in Utah to Brigham Young University, and for other
purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4484
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 ``Y Mountain Access
Enhancement Act''.
SEC. 2. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL FOREST,
UTAH.
(a) Conveyance Required.--On the request of Brigham Young
University submitted to the Secretary of Agriculture not
later than one year after the date of the enactment of this
Act, the Secretary shall convey, not later than one year
after receiving the request, to Brigham Young University all
right, title, and interest of the United States in and to an
approximately 80-acre parcel of National Forest System land
in the Uinta-Wasatch-Cache National Forest in the State of
Utah consisting of the SE\1/4\SE\1/4\ of Section 32, T. 6 S.,
R. 3 E., and Lot 4 of Section 5, T. 7 S., R. 3 E., Salt Lake
Base & Meridian. The conveyance shall be subject to valid
existing rights and shall be made by quitclaim deed.
(b) Consideration.--
(1) Consideration required.--As consideration for the land
conveyed under subsection (a), Brigham Young University shall
pay to the Secretary an amount equal to the fair market value
of the land, as determined by an appraisal approved by the
Secretary and conducted in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions and section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(2) Deposit.--The consideration received by the Secretary
under paragraph (1) shall be deposited in the general fund of
the Treasury to reduce the Federal deficit.
(c) Guaranteed Public Access to Y Mountain Trail.--After
the conveyance under subsection (a), Brigham Young University
represents that it will--
(1) continue to allow the same reasonable public access to
the trailhead and portion of the Y Mountain Trail already
owned by Brigham Young University as of the date of the
enactment of this Act that Brigham Young University has
historically allowed; and
(2) allow that same reasonable public access to the portion
of the Y Mountain Trail and the ``Y'' symbol located on the
land described in subsection (a).
(d) Survey and Administrative Costs.--The exact acreage and
legal description of the land to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary. Brigham Young University shall pay the reasonable
costs of survey, appraisal, and any administrative analyses
required by law.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Washington (Mr. Hastings) and the gentleman from the Northern Mariana
Islands (Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that
all Members may have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. HASTINGS of Washington. I yield myself such time as I may
consume.
Mr. Speaker, this bill is authored by our colleague from Utah (Mr.
Chaffetz). H.R. 4484 authorizes the Forest Service to convey 80 acres,
known as Y Mountain, to Brigham Young University.
{time} 1540
Y Mountain is the location of the renowned white block ``Y'' in
Provo, overlooking the Utah Valley and the BYU campus. The Y was
constructed in 1906 and has been a celebrated part of the Utah
landscape ever since.
Currently, BYU owns and maintains the trailhead and much of the trail
leading up to the 380-foot tall by 130-foot wide landmark. The
remaining property is owned by the Forest Service but it is used by the
university under a permit which has typically been renewed every 10
years.
With this legislation, the university will guarantee its ability to
maintain the Y and surrounding grounds without the risk of losing the
right through the permitting process.
Finally, the legislation requires that BYU pay fair market value and
continue to allow public access to the Y as it has done for decades.
With that, I reserve the balance of my time.
Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may
consume.
(Mr. SABLAN asked and was given permission to revise and extend his
remarks.)
Mr. SABLAN. Mr. Speaker, H.R. 4484 provides for the conveyance of
approximately 80 acres of Forest Service lands to Brigham Young
University. We do not object to this legislation.
I reserve the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3
minutes to the gentleman from Utah (Mr. Chaffetz), the author of this
legislation.
Mr. CHAFFETZ. Mr. Speaker, I am proud to introduce this piece of
legislation. It's common sense. I think it's something that should be
widely accepted.
I also appreciate the bipartisan nature in which we introduce this
bill. Mr. Faleomavaega was important to this, Mr. Flake and Mr. McKeon,
and I appreciate the bipartisan nature in which we introduced this
bill.
As you go into Utah County, up on the eastern side of the valley
there, there's this big Y representing Brigham Young University. It's a
mainstay in our community and something that we're all proud of. It's
also something that is easily accessible to hikers. Year-round, people
will hike up this trail as they pass up and go up to enjoy a day up on
the side of the mountain.
And really, in an effort to make sure that this is properly
maintained, there's continuity of maintenance. This really does make
sense. It's interesting, because that portion, that 80 acres that we
talk about today was once owned by Brigham Young University, and that
was then transferred into a trust and, over the course of time, many
decades ago it was actually transferred to the Forest Service. And so,
now, to actually sell it back, have that money deposited back into the
Treasury to help reduce our deficit, Brigham Young University paying
fair market value for that, makes sense in terms of keeping the
continuity in place, making sure that the trail is well-maintained,
that it's clean. It's something that people in Utah and other people
coming to our State like to enjoy on a regular basis.
So the bill would restore ownership to Brigham Young University,
provide long-term certainty by removing any questions about who owns
the land and who is responsible for maintaining the trail, and I look
forward to the passage of this.
It's important to our community, and I think a good win-win for the
Federal Government as well as the residents there, particularly in Utah
County.
Mr. SABLAN. Mr. Speaker, I yield the gentleman from American Samoa
(Mr. Faleomavaega) as much time as he may consume.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank the distinguished
chairman of our committee, Doc Hastings, and our ranking member, Mr.
Markey, for their leadership in support of this proposed legislation.
I especially want to thank my good friend and colleague, the chief
sponsor of this legislation, the gentleman from Utah (Mr. Chaffetz).
I rise today, Mr. Speaker, in support of H.R. 4484, the Y Mountain
Access
[[Page H5086]]
Enhancement Act, which would direct the U.S. Department of Agriculture
to sell 80 acres of U.S. Forest Service land of an area known for years
by the residents of Provo, Utah, as the ``Y Mountain'' to Brigham Young
University.
Y Mountain, which is located directly east of the BYU campus,
includes a trail that leads 1.2 miles from the mountain's base up to a
large white concrete Y on the mountain's hillside that was built over
100 years ago. The Y, which is 380 feet high by 130 feet wide, is even
larger than Los Angeles' famous Hollywood sign and serves as an
insignia for Brigham Young University.
Mr. Speaker, I am a proud alumnus of Brigham Young University. The Y
has always been a symbol of pride for us, the alumni, the faculty, the
student body, and the Provo community. It reminds us of what BYU
students and alumni strive for and continue to advocate for future
generations: ``Enter to learn, and go forth to serve.''
The Y is illuminated five times a year, including at freshman
orientation, homecoming, graduations in April and August, as well as Y
Days, which celebrate BYU's week of service activities, dating back to
the school's tradition of whitewashing the Y. It is a nationally
recognized symbol of BYU sports, especially its football tradition.
BYU's athletic program is essentially important for all Pacific
Islanders who have been given the opportunity, through athletic
scholarships, to further their education here in the United States.
Mr. Speaker, BYU once owned the entire area surrounding the Y and the
Y Mountain Trail, and the university also currently manages the U.S.
Forest Service portion of the trail.
H.R. 4484, however, proposes that the Federal Government sell the Y
Mountain at fair market value to BYU, and mandates that proceeds of the
sale be used to reduce the Federal budget deficit. The bill also
guarantees that public access to the Y and the Y Mountain Trail be
maintained following the sale.
It is my strong belief, Mr. Speaker, that permitting BYU to purchase
this property would result in better maintenance of the trail and
mountain. Given the immense source of pride in the Y Mountain, BYU
ownership of the property would only result in improved maintenance,
cleanliness, safety, and access for the public. Transfer of ownership
would also allow the university to preserve a significant monument for
future generations of students and members of the community.
Mr. Speaker, again, I thank my colleagues and especially the
gentleman from Utah, as the chief sponsor of this legislation. I urge
my colleagues to support this bill.
Mr. HASTINGS of Washington. Mr. Speaker, I'd advise my friend from
the Northern Mariana Islands that I have no more requests for time, and
I'm prepared to close if he is.
Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.
Mr. HASTINGS of Washington. Mr. Speaker, this is again, a good piece
of legislation. I urge its adoption.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Washington (Mr. Hastings) that the House suspend the
rules and pass the bill, H.R. 4484, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________