[House Report 104-306]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-306
_______________________________________________________________________


 
       EXCHANGE OF LANDS WITH THE WATER CONSERVANCY DISTRICT OF 
                        WASHINGTON COUNTY, UTAH

                                _______


November 6, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1838]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 1838) to provide for an exchange of lands with the Water 
Conservancy District of Washington County, Utah, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          purpose of the bill

    The purpose of H.R. 1838 is to provide for an exchange of 
Federal lands for private lands with the Water Conservancy 
District of Washington County, Utah.

                  background and need for legislation

    H.R. 1838 will allow the Water Conservancy District of 
Washington County, Utah, and the Department of the Interior to 
achieve a number of high priority objectives. As a result of 
the legislation, the Conservancy District will be authorized to 
acquire lands needed for the proposed Sand Hollow offstream 
water storage reservoir and lands inundated by the existing 
Quail Creek Reservoir and other lands essential to reservoir 
operation.
    In exchange, the Department of the Interior will receive 
lands known as the Bulloch site and other lands adjacent to 
Zion National Park, which are important to preserve instream 
flows and operation of the natural hydrograph of the North Fork 
of the Virgin River through the Park. Exchange of these lands 
is an essential component in the resolution of Zion National 
Park's water flow agreement with the State of Utah. The 
exchange will also allow the Department of the Interior to 
acquire critical habitat for the desert tortoise, a threatened 
species under the Endangered Species Act.
    The Bulloch reservoir site lies above Zion National Park 
and its acquisition has been a goal of the National Park 
Service for many years. Locating an alternative water storage 
site in Sand Hollow is a good faith effort by the Water 
District to accommodate this concern.

                            committee action

    Congressman James V. Hansen introduced H.R. 1838 on June 
14, 1995. The bill was referred to the Committee on Resources, 
and within the Committee, to the Subcommittee on National 
Parks, Forests and Lands. The Subcommittee held a hearing on 
various land exchange bills, including H.R. 1838, on July 20, 
1995.
    Consideration and mark-up of H.R. 1838 was held in the 
Subcommittee on October 17, 1995. The bill was ordered 
favorably reported to the Full Committee by voice vote. Full 
Committee consideration and mark-up of H.R. 1838 was held on 
October 25, 1995. The bill was ordered favorably reported to 
the House of Representatives by unanimous consent, without 
amendment.

                      section-by-section analysis

Section 1. Exchange of lands with the Water Conservancy District of 
        Washington County, Utah

    Within 18 months of enactment of the H.R. 1838, the Water 
Conservancy District of Washington County, the State of Utah 
shall transfer all right, title and interest in the Bulloch 
site to the Department of the Interior and in exchange receive 
from the Department of the Interior the Sand Hollow Site, the 
Quail Creek Pipeline and Quail Creek Reservoir.
    Water rights associated with the trade shall be subject to 
an agreement between the District and the Secretary of the 
Interior. Subject to valid existing rights, the mineral 
interests underlying the Sand Hollow Site, the Quail Creek 
Reservoir, and the Quail Creek Pipeline shall be withdrawn from 
disposition. Grazing shall continue on the Sand Hollow Site 
under the terms and conditions of existing Federal grazing 
leases or permits. If the District terminates the leases, they 
shall fully compensate the holders of the terminated leases or 
permits.

Sec. 2. Equalization of values

    The value of the lands transferred out of Federal ownership 
shall be equal in value to the lands received by the Secretary 
of the Interior.

Sec. 3. Management of lands acquired by United States

    Lands acquired by the Secretary of the Interior shall be 
administered according to laws generally applicable to public 
lands, including the Federal Land Policy Management Act of 
1976.

Sec. 4. National Environmental Policy Act of 1969

    The exchange of lands under H.R. 1838 is not subject to the 
National Environmental Policy Act of 1969.

Sec. 5. Definitions

    This section defines seven terms used in the bill.

            committee oversight findings and recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                     inflationary impact statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 1838 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        cost of the legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 1838. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     compliance with house rule xi

    1. With respect to the requirements of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
1838 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 1838.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
1838 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 2, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 1838, a bill to provide for an exchange of lands 
with the Water Conservancy District of Washington County, Utah, 
as ordered reported by the House Committee on Resources on 
October 25, 1995. CBO estimates that enacting H.R. 1838 could 
affect direct spending but that any change in direct spending 
would be less than $500,000 per year. Therefore, pay-as-you-go 
procedures would apply to the bill.
    H.R. 1838 would authorize the Secretary of the Interior to 
transfer approximately 3,520 acres of federal lands known as 
the Sand Hollow Site, the Quail Creek Pipeline, and the Quail 
Creek Reservoir to the Water Conservancy District of Washington 
County, Utah. The Water Conservancy District seeks to acquire 
these lands for its reservoir operation. In exchange, the 
Secretary would receive approximately 1,380 acres of a water 
storage reservoir site known as the Bulloch Site in Kane 
County, Utah, adjacent to Zion National Park. That land would 
help preserve instream flows of the Virgin River through the 
park.
    The exchanges are to be of equal value. If, after 
appraisals are completed, further land is needed to equal the 
value of the federal lands, the bill would require that, to the 
extent possible, the Department of the Interior acquire lands 
in Washington County that are within desert tortoise habitat, 
acquire approximately 1,550 acres known as the Smith Site in 
Washington County adjacent to Zion National Park, and equalize 
the exchange with cash payments. CBO estimates that any cash 
payments made to equalize the value of lands exchanged would be 
negligible.
    According to information from the Bureau of Land Management 
(BLM), the parcels of federal land to be exchanged generate 
less than $1,000 annually in offsetting receipts from grazing 
permits and rights-of-way rent. BLM expects that the lands 
received in exchange would generate about the same small 
amounts of offsetting receipts.
    The land exchange authorized by this bill would be entered 
into voluntarily by the Washington County Water Conservancy 
District and would be an equal value exchange. Therefore, CBO 
estimates that this bill would impose no costs on state or 
local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Victoria V. 
Heid, and Marjorie Miller.
            Sincerely,
                                              James L. Blum
                                   (For June E. O'Neill, Director).

                        changes in existing law

    If enacted, H.R. 1838 would make no changes in existing 
law.

                          departmental reports

    The Committee has received no departmental reports on H.R. 
1838.

                                
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