[House Report 110-534]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-534

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



 
                 BOUNTIFUL CITY LAND CONSOLIDATION ACT

                                _______
                                

 February 28, 2008.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 3473]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 3473) to provide for a land exchange with the City 
of Bountiful, Utah, involving National Forest System land in 
the Wasatch-Cache National Forest and to further land ownership 
consolidation in that national forest, 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:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Bountiful City Land Consolidation 
Act''.

SEC. 2. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.

  (a) Land Exchange Authorized.--If the City of Bountiful, Utah (in 
this section referred to as the ``City''), conveys to the Secretary of 
Agriculture all right, title, and interest of the City in and to three 
parcels of land consisting of a total of approximately 1,680 acres 
identified on the map entitled ``Bountiful City Land Consolidation 
Act'', the Secretary may convey to the City in exchange all right, 
title, and interest of the United States in and to such quantity of 
National Forest System land located in the Wasatch-Cache National 
Forest in Township 2, North, Range 1 East, Salt Lake Meridian, and 
identified for possible conveyance on the map such that the value of 
the land acquired by the Secretary is equal to the value of the Federal 
land conveyed. The value of the Federal and City lands to be exchanged 
shall be determined by an appraisal carried out in accordance with 
section 206 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1716).
  (b) Availability of Map.--The map referred to in subsection (a) shall 
be on file and available for public inspection in the Office of the 
Chief of the Forest Service.
  (c) Land Exchange Process.--Section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land 
exchange authorized by subsection (a).
  (d) Management of Acquired Land.--The lands acquired by the Secretary 
under subsection (a) shall be added to and administered as part of the 
Wasatch-Cache National Forest and managed in accordance with the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.) 
and the laws and regulations applicable to the National Forest System.
  (e) Bonneville Shoreline Trail and Other Rights-of-Way.--In making 
the land exchange authorized by subsection (a), the Secretary shall 
ensure that an easement not less than 60 feet in width is reserved for 
the Bonneville Shoreline Trail. The Secretary and the City may reserve 
such other rights-of-way for utilities, roads, and trails as they may 
agree upon and which they consider to be in the public interest.
  (f) Treatment of Remaining Federal Land.--
          (1) Disposal authority.--In the case of any National Forest 
        System land identified for possible conveyance on the map 
        referred to in subsection (a) and not exchanged under such 
        subsection, the Secretary may dispose of all or a portion of 
        the remaining land upon a determination by the Secretary, 
        pursuant to an amendment of the land and resource management 
        plan for Wasatch-Cache National Forest and a public process 
        consistent with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), that the land or portion thereof is 
        in excess to the needs of the National Forest System.
          (2) Consideration.--As consideration for any conveyance of 
        land under this subsection, the Secretary shall require an 
        amount equal to not less than the fair market value of the 
        conveyed land.
          (3) Relation to other laws.--Any conveyance of land under 
        this subsection by exchange shall be subject to section 206 of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1716).
  (g) Additional Terms and Conditions.--The land exchange under 
subsection (a) shall be subject to such additional terms and conditions 
as the Secretary and the City may agree upon, and any conveyance under 
subsection (f) shall be subject to such additional terms and conditions 
as the Secretary may require.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3473 is to provide a land exchange with 
the City of Bountiful, Utah, involving National Forest System 
land in the Wasatch-Cache National Forest and to further land 
ownership consolidation in the National Forest, and for other 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3473 facilitates a land exchange in the Wasatch-Cache 
National Forest in Utah.
    Of the 220 acres of National Forest System lands identified 
for possible exchange on the map entitled ``Bountiful City Land 
Consolidation Map,'' approximately 38 acres are currently under 
a special use permit to the Bountiful Lions Club for a shooting 
range. The City of Bountiful, Utah, is interested in acquiring 
the land occupied by the shooting range, and any additional 
federal land identified on the map and determined to be of 
equal value to the City of Bountiful land exchanged. The City 
of Bountiful will exchange three parcels, one of 400 acres, a 
second of 640 acres, and a third of 640 acres.
    Preliminary estimates of the value of the federal land 
identified for possible exchange on the map indicate that the 
federal land is approximately 2-3 times more valuable than the 
City of Bountiful land identified on the map. Therefore, H.R. 
3473, as amended, would require that the Secretary of 
Agriculture exchange such quantity of federal land identified 
on the map and determined to be equal to the value of the City 
of Bountiful land.

                            COMMITTEE ACTION

    H.R. 3473 was introduced on September 5, 2007 by 
Representative Rob Bishop (R-UT). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
October 30, 2007 the Subcommittee held a hearing on the bill 
during which the Forest Service testified in support of H.R. 
3473. On February 13, 2008, the full Natural Resources 
Committee met to consider the bill. Representative Rob Bishop 
(R-UT) offered an amendment in the nature of a substitute 
making the land exchange an equal value land exchange subject 
to Section 206 of the Federal Land Policy Management Act. The 
amendment in the nature of a substitute also gives the 
Secretary of Agriculture authority to dispose of all or a 
portion of the remaining federal land not exchanged upon a 
determination by the Secretary that the land or portion thereof 
is in excess to the needs of the National Forest System. The 
Bishop amendment was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 cites this Act as the ``Bountiful City Land 
Consolidation Act''.

Section 2. Land exchange, Wasatch-Cache National Forest, Utah

    Section 2(a) authorizes a land exchange between the 
Secretary of Agriculture and the City of Bountiful, Utah. If 
the City of Bountiful conveys to the Secretary of Agriculture 
all right, title, and interest of the City in and to three 
parcels of land consisting of a total of approximately 1,680 
acres, the Secretary may convey to the City in exchange all 
right, interest, and title in and to such quantity of National 
Forest System land identified for possible conveyance on the 
map, such that the value of the land acquired by the Secretary 
is equal to the value of the federal land conveyed. The value 
of the federal and city lands shall be determined by an 
appraisal carried out in accordance with section 206 of the 
Federal Land Policy and Management Act of 1976.
    Section 2(c) requires that Section 206 of the Federal Land 
Policy and Management Act of 1976 apply to the land exchange 
authorized by subsection (a).
    Section 2(e) requires that in making the land exchange 
authorized by subsection (a), the Secretary of Agriculture 
ensure that an easement of not less than 60 feet in width is 
reserved for the Bonneville Shoreline Trail.
    Section 2(f) covers the treatment of remaining federal land 
not exchanged in subsection (a). In the case of any National 
Forest System land identified for conveyance on the map but not 
exchanged under subsection (a), the Secretary may dispose of 
all or a portion of the remaining land upon a determination by 
the Secretary, pursuant to an amendment of the land and 
resource management plan for the Wasatch-Cache National Forest 
and a public process consistent with the National Environmental 
Policy Act of 1969, that the land or portion thereof is in 
excess to the needs of the National Forest System. The 
Secretary shall require an amount equal to not less than fair 
market value for these lands, and any conveyance of land shall 
be subject to section 206 of the Federal Land Policy and 
Management Act of 1976.

            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 Natural 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, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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. 3473--Bountiful City Land Consolidation Act

    H.R. 3473 would authorize the Forest Service to exchange up 
to 220 acres ofland in Utah for about 1,680 acres owned by the 
city of Bountiful. CBO estimates that implementing this bill 
would have no significant effect on discretionary spending. The 
bill could increase offsetting receipts and direct spending, 
but we estimate that any such changes would offset each other 
over the next few years.
    Under H.R. 3473, the Forest Service would exchange land 
located in the Wasatch-Cache National Forest for lands of equal 
value owned by the city. If the agency does not have to 
exchange all of the 220 acres to receive the city land, it 
would be authorized to sell the remainder. As a result, 
enacting this legislation could increase offsetting receipts (a 
credit against direct spending). The bill does not specify how 
those proceeds--an estimated $1 million should be treated. 
Based on the treatment of similar proceeds, however, CBO 
assumes that they would be available to the Forest Service 
without further appropriation. Therefore, enacting the bill 
would have no net impact on direct spending. Finally, the bill 
would not affect revenues.
    H.R. 3473 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.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 3473 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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.

                                  
