[House Report 109-418]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-418

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                      PARK CITY, UTAH, CONVEYANCES

                                _______
                                

 April 25, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3462]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 3462) to provide for the conveyance of the Bureau of Land 
Management parcels known as the White Acre and Gambel Oak 
properties and related real property to Park City, Utah, and 
for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SEC. 1. CONVEYANCE OF LAND BY THE BUREAU OF LAND MANAGEMENT TO PARK 
                    CITY, UTAH.

    (a) Land Transfer.--Subject to the conditions set forth in 
subsections (b) and (c), and notwithstanding the planning requirements 
of sections 202 and 203 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall 
convey within 180 days of enactment of this Act, to Park City, Utah, 
all right, title, and interest of the United States in and to two 
parcels of real property located in Park City, Utah, that are currently 
under the management jurisdiction of the Bureau of Land Management and 
designated as parcel 8 (commonly known as the White Acre parcel) and 
parcel 16 (commonly known as the Gambel Oak parcel). The conveyance 
shall be subject to all valid existing rights.
    (b) Deed Restriction.--The conveyance of the lands under subsection 
(a) shall be made by a deed or deeds containing a restriction requiring 
that the lands be maintained as open space and used solely for public 
recreation purposes or other purposes consistent with their maintenance 
as open space. This restriction shall not be interpreted to prohibit 
the construction or maintenance of recreational facilities, utilities, 
or other structures that are consistent with the maintenance of the 
lands as open space or its use for public recreation purposes.
    (c) Consideration.--In consideration for the transfer of the land 
under subsection (a), Park City shall pay to the Secretary of the 
Interior an amount consistent with conveyances to governmental entities 
for recreational purposes under the Act of June 14, 1926 (commonly 
known as the Recreation and Public Purposes Act; 43 U.S.C. 689 et 
seq.).

SEC. 2. SALE OF LANDS AT AUCTION.

    (a) Sale of Lane.--Notwithstanding the planning provisions of 
sections 202 and 203 of the Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall, in 
accordance with that Act and other applicable law, and subject to valid 
existing rights, offer for sale within 180 days of enactment of this 
Act, any right, title or interest in and to two parcels of real 
property located in Park City, Utah, that are currently under the 
management jurisdiction of the Bureau of Land Management and are 
designated as parcels 17 and 18 in the Park City, Utah, area.
    (b) Method of Sale.--The sale of land under subsection (a) shall be 
consistent with subsections (d) and (f) of section 203 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1713) through a 
competitive bidding process and for not less than fair market value.

SEC. 3. DISPOSITION OF LAND SALES PROCEEDS.

    (a) In General.--All proceeds derived from the sale of the lands 
described in this Act shall be deposited in a special account in the 
treasury of the United States and shall be available without further 
appropriation to the Secretary of the Interior until expended for--
          (1) the reimbursement of costs incurred by the Bureau of Land 
        Management in implementing the provisions of this Act, 
        including surveys, appraisals, and compliance with applicable 
        Federal laws; and
          (2) environmental restoration projects on Bureau of Land 
        Management administered public lands within the Salt Lake City 
        Field Office of the Bureau of Land Management.
    (b) Investment of Special Account.--Any amounts deposited in the 
special account shall earn interest in an amount determined by the 
Secretary of the Treasury on the basis of the current average market 
yield on outstanding marketable obligations of the United States of 
comparable maturities, and may be expended according to the provisions 
of this section.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3462 is to provide for the conveyance 
of the Bureau of Land Management parcels known as the White 
Acre and Gambel Oak properties and related real property to 
Park City, Utah, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Park City, Utah currently holds a 25 year Recreation and 
Public Purposes Act lease on Bureau of Land Management (BLM) 
lands within the city limits. Consistent with Park City's long-
term management plan for sensitive lands, the City has begun 
purchasing large blocks of environmentally-sensitive land and 
has placed those lands in conservation status. Park City 
recently approved a $20 million bond for the purchase of such 
lands.
    H.R. 3462 as ordered reported, authorizes the Secretary of 
the Interior, under the Recreation and Public Purposes Act, to 
convey to Park City, Utah, two parcels totaling 88.5 acres for 
recreational open space. Additionally, H.R. 3462 instructs the 
Secretary to sell at public auction one smaller parcel of land, 
which has already been marked for disposal by BLM. The proceeds 
of the sale of this land will be used to enhance existing BLM 
resources in the State of Utah.
    H.R. 3462 enjoys wide support in the State of Utah from a 
variety of stakeholders, including Park City, Summit County, 
and local conservation and environmental organizations.

                            COMMITTEE ACTION

    H.R. 3462 was introduced on July 27, 2005, by Congressman 
Rob Bishop (R-UT). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On September 27, 2005, the 
Subcommittee held a hearing on the bill. On March 29, 2006, the 
Full Resources Committee met to consider the bill. The 
Subcommittee was discharged from further consideration of the 
bill by unanimous consent. Congressman Greg Walden (R-OR) 
offered an amendment in the nature of a substitute to make 
minor technical modifications to the bill. It was adopted by 
unanimous consent. The bill as amended was then ordered 
favorably reported to 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, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. According to the Congressional Budget Office, the 
sale of the parcels authorized in this bill would generate 
offsetting receipts which could then be spent by the Secretary 
of the Interior without appropriation. The Congressional Budget 
Office concludes that because these proceeds would be spent 
soon after they are received, ``any resulting change in direct 
spending would be insignificant in any year.''
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    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:

H.R. 3462--A bill to provide for the conveyance of the Bureau of Land 
        Management parcels known as the White Acre and Gambel Oak 
        properties and related real property to Park City, Utah, and 
        for other purposes

    H.R. 3462 would direct the Secretary of the Interior to 
convey to the city of Park City, Utah, two parcels of federal 
land located in that state. The city would pay a negligible 
amount to the federal government to acquire those parcels. H.R. 
3462 also would direct the Secretary to sell, at public 
auction, two other parcels of federal land in Utah. The 
Secretary could use, without further appropriation, proceeds 
from those sales to offset the cost of the proposed land 
transactions and to restore federal land in Utah.
    Based on information from the Bureau of Land Management, 
CBO estimates that enacting H.R. 3462 would have no significant 
impact on the federal budget. The bill would not affect 
revenues. According to the agency, the affected federal parcels 
currently generate no significant receipts and are not expected 
to do so over the next 10 years; therefore, we estimate that 
conveying them would not result in forgone offsetting receipts 
(a credit against direct spending) from programs to develop 
natural resources. Based on information about the value of 
federal land to be auctioned, we estimate that offsetting 
receipts from sale proceeds could total more than $500,000 in 
2007. However, because we expect that those proceeds would be 
spent soon after they are received, we estimate that any 
resulting change in direct spending would be insignificant in 
any year.
    H.R. 3462 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
Enacting this legislation would benefit Park City, Utah. Any 
costs incurred by the city to comply with the conditions 
established by the bill would be incurred voluntarily.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Paul R. Cullinan, Chief, Human 
Resources Cost Estimates Unit for the Budget Analysis Division.

                    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.

                                  
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