[Senate Report 109-231]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 393
109th Congress                                                   Report
                                 SENATE
 2d Session                                                     109-231

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            BOY SCOUTS OF AMERICA LAND TRANSFER ACT OF 2006

                                _______
                                

                 April 20, 2006.--Ordered to be printed

   Filed, under authority of the order of the Senate of April 7, 2006

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

                              R E P O R T

                         [To accompany S. 476]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 476) to authorize the Boy Scouts of 
America to exchange certain land in the State of Utah acquired 
under the Recreation and Public Purposes Act, 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 ``Boy Scouts of America Land Transfer 
Act of 2006''.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Boy scouts.--The term ``Boy Scouts'' means the Utah 
        National Parks Council of the Boy Scouts of America.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.

SEC. 3. BOY SCOUTS OF AMERICA LAND EXCHANGE.

  (a) Authority To Convey.--
          (1) In general.--Subject to subsection (c) and 
        notwithstanding the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (43 U.S.C. 869 et 
        seq.), the Boy Scouts may convey to Brian Head Resort, subject 
        to valid existing rights and, except as provided in paragraph 
        (2), any rights reserved by the United States, all right, 
        title, and interest granted to the Boy Scouts by the original 
        patent to the parcel described in subsection (b)(1) in exchange 
        for the conveyance by Brian Head Resort to the Boy Scouts of 
        all right, title, and interest in and to the parcels described 
        in subsection (b)(2).
          (2) Reversionary interest.--On conveyance of the parcel of 
        land described in subsection (b)(1), the Secretary shall have 
        discretion with respect to whether or not the reversionary 
        interests of the United States are to be exercised.
  (b) Description of Land.--The parcels of land referred to in 
subsection (a) are--
          (1) the 120-acre parcel that is part of a tract of public 
        land acquired by the Boy Scouts under the Act of June 14, 1926 
        (commonly known as the ``Recreation and Public Purposes Act'') 
        (43 U.S.C. 869 et seq.) for the purpose of operating a camp, 
        which is more particularly described as the W\1/2\SE\1/4\ and 
        SE\1/4\SE\1/4\ sec. 26, T. 35 S., R. 9 W., Salt Lake Base and 
        Meridian; and
          (2) the 2 parcels of private land owned by Brian Head Resort 
        that total 120 acres, which are more particularly described 
        as--
                  (A) NE\1/4\NW\1/4\ and NE\1/4\NE\1/4\ sec. 25, T. 35 
                S., R. 9 W., Salt Lake Base and Meridian; and
                  (B) SE\1/4\SE\1/4\ sec. 24, T. 35. S., R. 9 W., Salt 
                Lake Base and Meridian.
  (c) Conditions.--On conveyance to the Boy Scouts under subsection 
(a)(1), the parcels of land described in subsection (b)(2) shall be 
subject to the terms and conditions imposed on the entire tract of land 
acquired by the Boy Scouts for a camp under the Bureau of Land 
Management patent numbered 43-75-0010.
  (d) Modification of Patent.--On completion of the exchange under 
subsection (a)(1), the Secretary shall amend the original Bureau of 
Land Management patent providing for the conveyance to the Boy Scouts 
under the Act of June 14, 1926 (commonly known as the ``Recreation and 
Public Purposes Act'') (43 U.S.C. 869 et seq.) numbered 43-75-0010 to 
take into account the exchange under subsection (a)(1).

                                PURPOSE

    The purpose of S. 476 is to authorize the Utah National 
Parks Council of the Boy Scouts of America to exchange 120 
acres of land in the State of Utah acquired under the 
Recreation and Public Purposes Act for 120 acres of land owned 
by the Brian Head Resort. S. 476 places a condition that the 
lands conveyed to the Boy Scouts, shall be subject to the same 
terms and conditions imposed on the entire tract in the 
original patent.

                          BACKGROUND AND NEED

    S. 476 will allow the exchange of two small parcels of land 
between the Utah National Parks Council of the Boy Scouts of 
America and Brian Head Ski Resort (120 acres in each parcel).
    During the 1970s, the Bureau of Land Management granted 
roughly 1,400 acres to the Utah National Parks Council of the 
Boy Scouts of America to be used as a Boy Scout camp. The camp, 
known as Camp Thunder Ridge, is situated in the mountains 
adjacent to Brian Head Ski Resort and near Cedar Breaks 
National Monument.
    The lands were conveyed pursuant to the Recreation and 
Public Purposes Act and included a reversionary clause 
restricting the sale, transfer or exchange of the lands.
    At the time the land patents were granted, a local rancher 
owned a parcel of land adjacent to the camp and another parcel 
in the middle of the camp. Several years ago, the rancher 
transferred those lands to Brian Head Ski Resort. The Boy 
Scouts would like to obtain the land, totaling 120 acres, from 
Brian Head. However, under the terms of the patent, the land 
cannot be sold or exchanged without an Act of Congress.
    While Camp Thunder Ridge is located in a steep, rough, 
mountainous area, much of the land the Boy Scouts seek is flat, 
making it particularly important for the camp. Obtaining the 
land would make it possible for the Scouts to make the camp's 
shooting area and archery range safer and would allow them to 
improve and expand their camping facilities. It also would 
allow for the installation of much-needed septic tanks.
    In addition, Brian Head Ski Resort is seeking to expand its 
operations and has received preliminary approval from local 
officials. The county planning commission, however, has 
required the resort to build an emergency exit from its 
property. The only place to build such a road is through land 
owned by the Boy Scouts. The exchange will allow Brian Head to 
construct the access road and comply with county fire safety 
regulations.
    S. 476 will allow both parties to complete their land 
exchange, while insuring the protection of the Federal 
Government's reversionary interest by transferring it to the 
property acquired by the Boy Scouts.

                          LEGISLATIVE HISTORY

    S. 476 was introduced by Senators Hatch and Bennett on 
March 1, 2005. The Subcommittee on Public Lands and Forests 
held a hearing on S. 476 on March 8, 2005. At the business 
meeting on March 15, 2006, the Committee on Energy and Natural 
Resources ordered S. 476 favorably reported with an amendment 
in the nature of a substitute.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on March 15, 2006, by a unanimous voice vote 
of a quorum present recommends that the Senate pass S. 476 if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 476, the Committee adopted 
an amendment in the nature of a substitute that strikes the 
congressional finding, corrects the date in the short title, 
makes one technical amendment and a number of conforming 
amendments. The amendment is explained in detail in the 
section-by-section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 and 2 provide the short title and definitions.
    Section 3(a) authorizes a land exchange between the Brian 
Head Resort and the Boy Scouts of America and authorizes the 
Secretary of the Interior to have discretion whether or not to 
exercise the reversionary interests of the United States.
    Subsection (b) describes the lands to be exchanged.
    Subsection (c) provides that upon conveyance to the Boy 
Scouts, the land described in subsection (b)(2) shall be 
subject to the same terms and conditions included in the 
original BLM patent.
    Subsection (d) directs the Secretary of the Interior to 
amend the original BLM patent on the Boy Scout land to take 
into account the exchange.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 476--Boy Scouts of America Land Transfer Act of 2006

    S. 476 would authorize a Boy Scout council and a private 
landowner to exchange two parcels of land in Utah, each of 
which totals about 120 acres. Under the bill, the Boy Scouts 
would convey land originally obtained from the Federal 
Government in 1983 under the Recreation and Public Purposes 
Act. Under the terms of the original conveyance, the Federal 
Government has a reversionary interest in the land in the case 
of a sale, transfer, or exchange. S. 476 would allow the 
proposed exchange to go forward and would transfer the Federal 
Government's reversionary interest, along with other terms and 
conditions that applied to the original tract, to the new 
parcel obtained by the Boy Scouts.
    Based on information from the Department of the Interior, 
CBO estimates that allowing the Boy Scouts to exchange this 
land under S. 476 would not affect the Federal budget. S. 476 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would have no 
significant impact on the budgets of State, local, or tribal 
governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was 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. 476. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic 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. 476, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    Views of the Administration on S. 476 were included in 
testimony provided by the Department of the Interior at the 
Subcommittee hearing follows:

Statement of Christopher Kearney, Deputy Assistant Secretary for Policy 
         and International Affairs, Department of the Interior

    Thank you for the opportunity to testify on S. 476, the Boy 
Scouts of America Land Transfer Act of 2005, introduced by 
Senator Hatch. The Department of the Interior has a limited 
role in this legislation and the exchange it facilitates, but 
does not oppose the legislation.


                               BACKGROUND


    During the 1970s, the BLM patented nearly 1400 acres of 
public land through four separate Recreation and Public 
Purposes (R&PP) Act patents to the Utah National Parks Council 
of the Boy Scouts of America for the purpose of establishing a 
campground and recreational area for scouting programs. The 
campground is now known as Camp Thunder Ridge. Among the 
restrictions placed on the lands under the provisions of the 
R&PP Act patents is a prohibition on the sale, transfer or 
exchange of the lands. Absent this legislation, the Utah 
National Parks Council of the Boy Scouts would not be able to 
complete the proposed exchange.


                                 S. 476


    S. 476 provides for the exchange of lands between two 
private parties, the Utah National Parks Council of the Boy 
Scouts of America and Brian Head Resort. The legislation 
mandates that the terms and conditions that apply to the 
original Federal patent for the parcel of land to be exchanged 
by the Boy Scouts shall be transferred to the parcel of land to 
be acquired by the Boy Scouts. The bill further stipulates that 
the lands are of approximately equal value.
    Because the land which the Boy Scouts propose to exchange 
with Brian Head Resort was patented by the Bureau of Land 
Management (BLM) under the R&PP Act, the Federal Government 
retains a reversionary interest in the land if the terms and 
conditions of the original patent are violated. As noted, the 
legislation would transfer the terms and conditions contained 
in the original patent to the new parcel of land, creating a 
reversionary interest in those lands.
    The lands proposed for exchange under this bill are in 
southwestern Utah, near Cedar City in Iron County. It is our 
understanding that the intent of both parties is to consolidate 
their respective lands in order to allow for their more 
efficient use.
    Given that the Federal government's interest in this 
legislation is limited to its reversionary interest, we support 
the language applying the terms and conditions of the original 
parcel to the parcel to be acquired. While the BLM does not 
have independent knowledge of the value of the parcels proposed 
for exchange, the legislation stipulates that these parcels are 
of equal value. Ensuring that the parcels to be exchanged are 
of equal value is critical to protecting the Federal 
government's interest. Finally, we support the provision in 
section 3(b)(2) of the bill that provide for Secretarial 
discretion in the exercise of the Federal government's 
reversionary interest. Given the potential risks or liabilities 
that may exist with improvements or hazards on the property, we 
strongly support this provision.
    Thank you for the opportunity to testify, I will be happy 
to answer any questions.

                        CHANGES TO 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. 476, as ordered 
reported.

                                  
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