[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.