[House Report 110-790]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-790

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



 
                   BOX ELDER UTAH LAND CONVEYANCE ACT

                                _______
                                

 July 29, 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. 3849]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3849) to provide for the conveyance of parcels 
of land to Mantua, Box Elder County, Utah, 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 ``Box Elder Utah Land Conveyance Act''.

SEC. 2. CONVEYANCE OF CERTAIN LANDS TO MANTUA, BOX ELDER, UTAH.

  (a) Conveyance Required.--The Secretary of Agriculture shall convey, 
without consideration, to the town of Mantua, Utah (in this section 
referred to as the ``town''), all right, title, and interest of the 
United States in and to parcels of National Forest System land in the 
Wasatch-Cache National Forest in Box Elder County, Utah, consisting of 
approximately 31.5 acres within section 27, township 9 north, range 1 
west, Salt Lake meridian and labeled as parcels A, B, and C on the map 
entitled ``Box Elder Utah Land Conveyance Act'' and dated July 14, 
2008.
  (b) Survey.--If necessary, the exact acreage and legal description of 
the lands to be conveyed under subsection (a) shall be determined by a 
survey satisfactory to the Secretary. The cost of the survey shall be 
borne by the town.
  (c) Use of Land.--As a condition of the conveyance under subsection 
(a), the town shall use the land conveyed under such subsection for 
public purposes.
  (d) Reversionary Interest.--In the quitclaim deed to the town 
prepared as part of the conveyance under subsection (a), the Secretary 
shall provide that the land conveyed to the town under such subsection 
shall revert to the Secretary, at the election of the Secretary, if the 
land is used for other than public purposes.
  (e) Additional Terms and Conditions.--The Secretary may require such 
additional terms and conditions in connection with the conveyance 
authorized under subsection (a) as the Secretary considers appropriate 
to protect the interests of the United States.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3849 is to provide for the conveyance 
of parcels of land to Mantua, Box Elder County, Utah.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 3849 requires the Secretary of Agriculture to convey 
without consideration approximately 31.5 acres of National 
Forest System land in the Wasatch-Cache National Forest in Utah 
to the town of Mantua, Utah.
    The conveyed land will be used by the town to develop a new 
city cemetery, a new town hall and fire station, an elementary 
school, court and law enforcement facilities, and a memorial 
park.

                            COMMITTEE ACTION

    H.R. 3849 was introduced on October 16, 2007 by Rep. 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 July 10, 2008, 
the Subcommittee held a hearing on the bill during which the 
Forest Service testified in opposition to the bill because it 
does not require compensation.
    The Subcommittee was discharged from further consideration 
of H.R. 3849 on July 16, 2008 and the Full Committee on Natural 
Resources met to mark up the bill. Subcommittee Ranking Member 
Bishop offered an amendment in the nature of a substitute 
requiring that as a condition of the conveyance without 
consideration, the city shall use the land for public purposes 
only and the land shall revert to the Secretary if used for 
another purpose. It 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 provides that the Act may be cited as the ``Box 
Elder Utah Land Conveyance Act''.

Section 2. Conveyance of certain lands to Mantua, Box Elder, Utah

    Section 2(a) requires the Secretary of Agriculture to 
convey to the town of Mantua, Utah, 31.5 acres of National 
Forest System lands in the Wasatch-Cache National Forest 
without consideration.
    Section 2(b) of the bill states that if necessary, the 
exact acreage and legal description of the lands shall be 
determined by a survey satisfactory to the Secretary, and paid 
for by the town of Mantua.
    Section 2(c) requires that as a condition of the land 
conveyance, the town shall use the land conveyed for public 
purposes.
    Section 2(d) requires that in the quitclaim deed to the 
town prepared as part of the conveyance, the Secretary shall 
provide that the land conveyed shall revert to the Secretary, 
at the election of the Secretary, if the land is used for other 
than public purposes.
    Section 2(e) states that the Secretary may requires such 
additional terms and conditions as the Secretary considers 
appropriate to protect the interests of the United States.

            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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for the conveyance of 
parcels of land to Mantua, Box Elder County, Utah.
    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. 3849--Box Elder Utah Land Conveyance Act

    H.R. 3849 would direct the Secretary of Agriculture to 
convey, without consideration, about 32 acres of land within 
the Wasatch-Cache National Forest to Mantua, Utah. The conveyed 
land could be used by the town for public purposes only and 
would revert to the federal government if used for other 
purposes.
    Based on information from the Forest Service, CBO estimates 
that implementing H.R. 3849 would have no significant effect on 
discretionary spending and no effect on direct spending or 
revenues.
    H.R. 3849 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. 
The 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. 3849 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.

                                  
