[Senate Report 107-178]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 445
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-178

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



 
            TIMPANOGOS INTERAGENCY LAND EXCHANGE ACT OF 2001

                                _______
                                

                 June 25, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1240]

    The Committee on Energy and Natural Resources, to which 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, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.
    The amendment is as follows:
    Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 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 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 entitle ``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 Description.--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 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)), 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.
    (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. 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.

                                PURPOSE

    The purpose of S. 1240 is to 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 also 
requires the Secretary of the Interior to construct a joint 
visitor center and administrative site on the acquired land to 
serve both the Timpanogos Cave National Monument, administered 
by the National Park Service, and the Uinta National Forest, 
administered by the Forest Service.

                          BACKGROUND AND NEED

    A new visitor center and administrative offices are needed 
to serve the public better at both the Timapanogos Cave 
National Monument and the Uinta National Forest. The original 
visitor center at Timapanogos Cave National Monument burned 
down in 1991. The National Park Service began using a double-
wide trailer to serve temporarily as a make-shift visitor 
center. The trailer still serves today as the visitor center. 
The trailer is not suitable for the monument's annual 
visitation of 125,000 people. On high visitation days, the 
center is easily overrun by the public. Additionally, the 
center suffers from rock-fall that has caused significant 
damage to the roof of the trailer and raises obvious safety 
issues.
    The Pleasant Grove Ranger District of the Uinta National 
Forest is housed in a 1950's era building that was not designed 
for today's staffing requirements or modern day computer and 
communications needs. The new facility will meet the space 
needs of the ranger district and be more technology friendly. 
Furthermore, the construction of a unified center would allow 
the public to be able to visit a single office to inquire about 
National Park Service and Forest Service activities.
    Enactment of S. 1240 is needed to authorize construction of 
the new visitor center and administrative offices and to 
acquire 37 acres of private land near the mouth of the American 
Fork Canyon for the new center and offices. The 37-acre site 
would be acquired by an equal-value exchange for 266 acres of 
National Forest System land.
    The largest parcel of land that would be transferred out of 
Federal ownership is the 237-acre Long Hollow-Provo Canyon 
Parcel, which includes general resource lands near the edge of 
the Uinta National Forest. The Forest Service attributes no 
outstanding resource values to these lands. The next largest 
parcel is a 20-acre site located in Corner Canyon. This parcel 
is surrounded on three sides by subdivisions and is on the edge 
of the Uinta National Forest.
    The remaining parcels to be conveyed out of Federal 
ownership are old administrative sites that are no longer used: 
(1) the Provo Sign and Radio Shop (0.18 acres); (2) the Beaver 
Administrative Site (0.18 acres); (3) the Springville Parcel 
(7.37 acres), which is a horse pasture along the edge of the 
forest; and (4) the Pleasant Grove Ranger District Office (0.83 
acre), which is the current home of the Pleasant Grove 
District.

                          LEGISLATIVE HISTORY

    S. 1240 was introduced by Senator Bennett on July 25, 2001. 
The Subcommittee on Public Lands and Forests held a hearing on 
S. 1240 on November 27, 2001. The Committee on Energy and 
Natural Resources considered S. 1240 and adopted an amendment 
in the nature of a substitute to it at its business meeting on 
May 15, 2002. The Committee ordered the bill as amended 
favorably reported at its business meeting on June 5, 2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1240 as 
amended.

                          COMMITTEE AMENDMENTS

    During the consideration of S. 1240, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
authorizes the Secretary of Agriculture to correct minor errors 
in the legal descriptions, modifies the reference to the 
uniform appraisal standards to reflect the most current update 
to the standards, and clarifies the authority for cash 
equalization payments. The amendment is explained in detail in 
the section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 contains the short title.
    Section 2 sets forth the findings.
    Section 3 defines terms used in the Act.
    Section 4 states that the maps described in the bill 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.
    Section 5(a) authorizes the Secretary of Agriculture to 
enter into the land exchange.
    Subsection (b) requires the Secretary of Agriculture to 
determine that title to the non-Federal land is acceptable 
prior to completion of the land exchange.
    Subsection (c)(1) states that the fair market value of the 
land exchanged under this Act shall be determined by an 
appraisal that is approved by the Secretary and conforms with 
Federal appraisal standards.
    Paragraph (2) requires each parcel of Federal land to be 
appraised separately and states that the property values of 
each parcel shall not be affected by the unit rule described in 
the Uniform Appraisal Standards for Federal Land Acquisitions.
    Subsection (d) authorizes the Secretary of Agriculture to 
accept a cash equalization payment in excess of 25 percent of 
the value of the Federal land.
    Subsection (e) adjusts the boundaries of the Uinta National 
Forest to include the land acquired pursuant to this Act.
    Section 6 directs the Secretary of Agriculture to deposit 
any cash equalization funds into the fund established under 
Public Law 90-171 (the Sisk Act) and states that funds 
deposited pursuant to this section shall be available to the 
Secretary to acquire lands for administrative sites in the 
State of Utah and land for the National Forest System.
    Section 7(a) requires the Secretary of the Interior to 
construct a visitor center and administrative facility on the 
land acquired pursuant to section 5.
    Subsection (b) requires the Secretary of Agriculture and 
the Secretary of the Interior to jointly occupy, operate, and 
maintain the facility.
    Section 8 authorizes to be appropriated such sums as are 
necessary to carry out this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 21, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, 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.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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 bill would increase direct spending 
by resulting in the loss of offsetting receipts; therefore, 
pay-as-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, the bill would direct the Secretary of 
the Interior to build administrative and visitor facilities on 
the acquired lands. Under the bill, 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 in fiscal 
year 2002 and that funds necessary to implement the bill 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: None.
    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.
    Estimate prepared by: Federal Costs: Megan Carroll. Impact 
on State, Local, and Tribal Governments: Marjorie Miller. 
Impact on the Private Sector: Jean Talarico.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1240. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1240.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Forest Service at the 
Subcommittee hearing follows:

  Statement of Abigail Kimbell, Acting Associate Deputy Chief, Forest 
                   Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today. I am Abigail 
Kimbell, Acting Associate Deputy Chief for the National Forest 
System, USDA Forest Service. I am testifying today on S. 1240, 
a bill to provide for the acquisition of land and construction 
of an interagency administrative and visitor facility at the 
entrance to American Fork Canyon, Utah.
    The Department supports S. 1240 with a few minor technical 
corrections and would like to thank Senator Bennett for 
introducing this bill. S. 1240 will authorize the acquisition 
of land for much needed administrative and visitor facilities 
at the gateway to popular recreation destinations in American 
Fork Canyon, Utah.
    S. 1240 provides for the acquisition of land through an 
equal value exchange in the State of Utah. Approximately 37 
acres of private land near the mouth of American Fork Canyon 
would be acquired for the construction of administrative and 
visitor information facilities for the Uinta National forest 
and Timpanogos Cave National Monument. The bill identifies five 
national forest properties in the State of Utah, including bare 
land parcels and parcels with improvements, that would be 
exchanged for the 37-acre private land parcel.
    The bill requires separate appraisals for each property and 
authorizes a cash equalization payment in excess of the amount 
limitation under current law. If cash equalization payments are 
made to the Secretary, S. 1240 allows the funds to be used to 
acquire administrative sites within the State of Utah and 
national forest system lands. S. 1240 also requires the 
Secretary of the Interior, upon availability of funds, to 
construct a visitor and administrative facility for the Uinta 
National Forest and Timpanogos Cave National Monument on the 
acquired privately owned land.
    We would like to work with the Committee to address a few, 
minor technical concerns with the bill.
    Mr. Chairman, we look forward to working with you and the 
other members of the Committee on this important issue. This 
concludes my testimony. I would be happy to answer any 
questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 1240, as 
ordered reported.

                                  
