[Senate Report 107-178]
[From the U.S. Government Publishing Office]
Calendar No. 445
107th Congress Report
SENATE
2d Session 107-178
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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.