[House Report 107-669]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-669

======================================================================



 
                TIMPANOGOS INTERAGENCY LAND EXCHANGE ACT

                                _______
                                

 September 23, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1240]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, Utah, and for 
other purposes, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 1240 is to provide for the acquisition of 
land and construction of an interagency administrative and 
visitor facility at the entrance to American Fork Canyon, Utah, 
and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    In 1991, the visitor center for the Mount Timpanogos 
National Monument burned down. Since that time the National 
Park Service and visitors to the Monument have used a double-
wide trailer as a visitor center and administrative office. The 
trailer is unsuitable to meet the demands of 125,000 annual 
visitors. There have also been some safety issues that have 
arisen due to rock fall. In addition, the U.S. Forest Service's 
Pleasant Grove Ranger Station for the Uinta National Forest is 
currently housed in an outdated building that is ill-equipped 
to meet the administrative and technology needs at the Station. 
The joint office would allow the visitors' needs and the 
Station's needs to be met in one location.
    The legislation would authorize the exchange of 266 acres 
of National Forest System land within the Uinta and Wasatch-
Cache National Forests in Utah for 37 acres of private land at 
the mouth of American Fork Canyon. The bill would also require 
the Secretary of the Interior to construct a joint visitor 
center for the Mount Timpanogos National Monument, administered 
by the National Park Service, and the Uinta National Forest, 
administered by the U.S. Forest Service.
    The single largest parcel of federal land that is to be 
involved in the exchange is a 237 acre tract located near the 
forest border known as the Long Hollow-Provo Canyon parcel. The 
land includes only general resource land with no outstanding 
resource values. The exchange also involves a 20 acre federal 
parcel located in Corner Canyon. The private land to be 
acquired is located near the mouth of American Fork Canyon in 
Utah County, Utah. The exchange stipulates that the parcels 
must be of equal value.

                            COMMITTEE ACTION

    S. 1240 was introduced on July 25, 2001, by Senator Robert 
F. Bennett (R-UT). On August 1, 2002, the Senate passed the 
bill by unanimous consent. The bill was referred to the 
Committee on Resources. On September 12, 2002, the Full 
Resources Committee met to consider the bill. No amendments 
were offered and the bill was ordered favorably reported by the 
House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of this bill would result in the loss of offsetting 
receipts, but these receipts total less than $1000 a year.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the acquisition of 
land and construction of an interagency administrative and 
visitor facility at the entrance to American Fork Canyon, Utah, 
and for other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1240, the Timpanogos 
Interagency Land Exchange Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 1240--Timpanogos Interagency Land Exchange Act

    Summary: CBO estimates that implementing S. 1240 would cost 
$9 million over the 2003-2005 period, assuming appropriation of 
the necessary amounts. The act would increase direct spending 
by resulting in the loss of offsetting receipts; therefore, 
pay-as-you-go procedures would apply, but we estimate that 
those effects would not exceed $1,000 annually. S. 1240 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
have no significant impact on the budgets of state, local, or 
tribal governments.
    S. 1240 would authorize the Secretary of Agriculture to 
exchange certain federal lands in Utah for privately owned 
lands in that state. If the value of the lands are not equal, 
the Secretary could accept or make cash equalization payments. 
Following the exchange, S. 1240 would direct the Secretary of 
the Interior to build administrative and visitor facilities on 
the acquired lands. Under the legislation, both agencies would 
jointly occupy, operate, and maintain the proposed facilities.
    Estimated Cost to the Federal Government: For this 
estimate, CBO assumes that S. 1240 will be enacted near the end 
of fiscal year 2002 and that funds necessary to implement the 
legislation will be provided near the start of each year. 
Estimates of outlays are based on historical spending patterns 
for similar activities. The estimated budgetary impact of S. 
1240 is shown in the following table. The costs of this 
legislation fall within budget function 300 (natural resources 
and environment).

----------------------------------------------------------------------------------------------------------------
                                                                       By fiscal year, in millions of dollars--
                                                                    --------------------------------------------
                                                                       2003     2004     2005     2006     2007
----------------------------------------------------------------------------------------------------------------
                                CHANGES IN SPENDING SUBJECT TO APPROPRIATION \1\

Estimated authorization level......................................        2        5        2        0        0
Estimated outlays..................................................        2        5        2        0        0
----------------------------------------------------------------------------------------------------------------
\1\ Enacting S. 1240 would also have a very small impact on direct spending--an increase of less than $1,000 a
  year.

    Basis of estimate: S. 1240 would authorize the Secretary of 
Agriculture to exchange roughly 266 acres of federal lands in 
Utah for about 37 acres of privately owned lands in that state. 
According to the Forest Service, the federal lands that would 
be exchanged under S. 1240 currently generate less than $1,000 
a year in offsetting receipts (a credit against direct 
spending) from grazing permits. Hence, we estimate that 
exchanging the lands would increase direct spending by that 
amount each year.
    S. 1240 would direct the Secretary of the Interior to 
construct administrative and visitor facilities on the lands 
acquired by the Secretary of Agriculture. Based on preliminary 
plans for the proposed facilities provided by the National Park 
Service (NPS), CBO estimates that building those structures 
would cost $9 million over the 2003-2005 period, assuming 
appropriation of the necessary amounts. Under the bill, the NPS 
and the Forest Service would jointly occupy the new buildings 
and share annual costs to operate and maintain them. Based on 
information from the agencies, we estimate that any increase in 
federal spending for such costs would not exceed $200,000 a 
year.
    According to the Forest Service, the agency would probably 
make payments to the private landowner to compensate for 
differences in the value of lands exchanged. Based on 
information from the agency on the estimated value of those 
lands, we estimate that such payments, which would be subject 
to appropriation, would be less than $200,000.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act sets up pay-as-you-go procedures 
for legislation affecting direct spending or receipts. The land 
exchange authorized by S. 1240 would result in forgone 
offsetting receipts from grazing permits; hence, pay-as-you-go 
procedures would apply, but we estimate that any such effects 
would total less than $1,000 annually.
    Intergovernmental and private-sector impact: S. 1240 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would have no significant impact on the 
budgets of state, local, or tribal governments.
    Previous CBO estimate: On June 21, 2002, CBO transmitted a 
cost estimate for S. 1240 as ordered reported by the Senate 
Committee on Energy and Natural Resources on June 5, 2002. The 
two versions of the legislation are identical, and our cost 
estimates are the same.
    Estimate prepared by: Federal costs: Megan Carroll; impact 
on State, local, and tribal governments: Marjorie Miller; 
impact on private sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.