[Senate Report 111-259]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 529
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-259

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              CONVEYANCE OF LAND TO THE TOWN OF ALTA, UTAH

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1719]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1719) to provide for the conveyance of 
certain parcels of land to the town of Alta, Utah, 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 ``Wasatch-Cache National Forest Land 
Conveyance Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
          (1) Federal land.--The term ``Federal land'' means the 
        following 3 parcels of National Forest System land located in 
        the Wasatch-Cache National Forest in the incorporated boundary 
        of the Town:
                  (A) A parcel of land occupied by the administration 
                building of the Town pursuant to Forest Service special 
                use permit SLC102708.
                  (B) A parcel of land occupied by the public service 
                building of the Town pursuant to Forest Service special 
                use permit SLC102708
                  (C) A parcel of land occupied by the water service 
                building of the Town pursuant to Forest Service special 
                use permit SLC102707.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture.
          (3) Town.--The term ``Town'' means the town of Alta, Utah.

SEC. 3. CONVEYANCE OF FEDERAL LAND TO ALTA, UTAH.

    (a) In General.--Subject to subsection (b) and 18 valid existing 
rights, as soon as practicable after the date of enactment of this Act, 
the Secretary shall convey to the Town, without consideration, all 
right, title, and interest of the United States in and to the Federal 
land.
    (b) Conditions.--
          (1) Use of federal land.--As a condition of the conveyance 
        under subsection (a), the Town shall use the Federal land only 
        for public purposes consistent with the applicable special use 
        permit described in section 2(1).
          (2) Deed and reversion.--The conveyance under subsection (a) 
        shall be by quitclaim deed, which shall provide that the 
        Federal land shall revert to the Secretary, at the election of 
        the Secretary, if the Federal land is used for a purpose other 
        than a purpose provided under paragraph (1).
          (3) Acreage.--
                  (A) In general.--The boundaries of the Federal land 
                conveyed under subsection (a) shall be determined by 
                the Secretary, in consultation with the Town, subject 
                to the condition that the Federal land conveyed may not 
                exceed a total of 2 acres.
                  (B) Survey and legal description.--The exact acreage 
                and legal description of the Federal land shall be 
                determined, in accordance with subparagraph (A), by a 
                survey approved by the Secretary.
          (4) Costs.--The Town shall pay each administrative cost of 
        the conveyance under subsection (a), including the costs of the 
        survey carried out under paragraph (3).
          (5) Additional terms and conditions.--The conveyance under 
        subsection (a) shall be subject to such terms and conditions as 
        the Secretary may require.

                                PURPOSE

    The purpose of S. 1719 is to provide for the conveyance of 
up to two acres of National Forest System land to the town of 
Alta, Utah, for continued use by the town for certain public 
purposes.

                          BACKGROUND AND NEED

    The town of Alta, Utah, (hereinafter ``Town'') is home to a 
permanent population of 370 people and a popular ski area. The 
Town does not own any land within its municipality, and much of 
its municipal infrastructure is located on National Forest 
System land in the Wasatch-Cache National Forest pursuant to--
as the Department of Agriculture describes it--``a complex 
suite of existing special use permits.''
    The Town's administration building and public service 
building were constructed pursuant to a non-assignable special 
use permit (SLC102708) authorizing buildings for the town's 
emergency operations center, Marshall's Office, central 
dispatch, community center, emergency equipment storage, and 
library, for example. A water service building was constructed 
pursuant to another non-assignable separate special use permit 
(SLC102707) to house municipal water infrastructure. 
Legislation is needed to direct the Secretary of Agriculture to 
transfer the land under those three municipal buildings to the 
Town to provide it with greater certainty and flexibility in 
the maintenance and continued use of those buildings for the 
purposes specified in the special use permits.

                          LEGISLATIVE HISTORY

    S. 1719 was introduced by Senators Bennett and Hatch on 
September 25, 2009. The Subcommittee on Public Lands and 
Forests held a hearing on the bill on December 17, 2009 (S. 
Hrg. 111-364). The Committee on Energy and Natural Resources 
considered the bill and adopted an amendment in the nature of a 
substitute at its business meeting on June 16, 2010. The 
Committee ordered S. 1719 favorably reported, as amended, at 
its business meeting on June 21, 2010.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on June 21, 2010, by a voice vote of a quorum 
present, recommends that the Senate pass S. 1719, if amended as 
described herein.

                          COMMITTEEE AMENDMENT

    During its consideration of S. 1719, the Committee adopted 
an amendment in the nature of a substitute. The amendment 
restricts the continued use of the three parcels of land to be 
conveyed to the Town to the public purposes specified in the 
current special use permits that authorize the Town to use the 
land for the three municipal buildings listed in the amended 
bill. The amendment also includes a number of technical and 
conforming changes. The amendment is explained in detail in the 
section-by-section analysis below.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title for the bill.
    Section 2 defines key terms in the bill, including 
``Federal land'', which includes references to the three 
parcels of National Forest System land to be conveyed to the 
Town and the applicable special use permit authorization 
identification numbers for each.
    Section 3(a) directs the Secretary of Agriculture to 
convey, subject to the conditions in subsection (b), the 
Federal land to the Town for no consideration.
    Subsection (b) conditions the conveyance on the Town using 
each parcel of land only for public purposes consistent with 
those listed in the applicable special use permit and provides 
for the land to revert to the United States if the Town uses a 
parcel for some other purpose. The bill leaves the 
determination of the exact boundaries of the land to be 
conveyed under and immediately around the three buildings to 
the Secretary's discretion, except that it may not exceed a 
total of 2 acres. Once the Secretary determines the appropriate 
boundaries of the parcels to be conveyed, the Secretary is 
required to conduct a survey to establish the exact acreage and 
a legal description of each parcel. The Town is required to pay 
the costs of the survey and all other administrative costs of 
the conveyance. The conveyance also shall be subject to any 
additional terms and conditions that the Secretary may require.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1719--Wasatch-Cache National Forest Land Conveyance Act of 2010

    S. 1719 would direct the Secretary of Agriculture to 
convey, without consideration, certain lands in Utah to the 
town of Alta. Based on information from the Forest Service, CBO 
estimates that enacting the legislation would have no 
significant impact on the federal budget. CBO expects that 
enacting the legislation would increase direct spending; 
therefore, pay-as-you-go procedures would apply. CBO estimates, 
however, that such effects would be negligible. Enacting the 
legislation would not affect revenues.
    Under current law, the Forest Service receives payments 
totaling less than $20,000 per year for easements on the 
affected lands. Under the bill, those lands would be conveyed 
to Alta, Utah. Thus, CBO estimates that enacting the 
legislation would reduce offsetting receipts (a credit against 
direct spending) by less than $200,000 over the 2010-2020 
period. Because the bill would require the town to pay the 
administrative costs associated with the land exchange, CBO 
estimates that implementing the bill would not have a 
significant impact on spending subject to appropriation.
    The Statutory Pay-As-You-Go Act of 2010 establishes budget-
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. S. 1719 would reduce offsetting 
receipts; therefore, pay-as-you-go procedures would apply. 
However, CBO estimates that the increase in direct spending 
under the bill would not be significant over the 2010-2020 
period.
    S. 1719 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 Jeff LaFave. The 
estimate was approved by Sam Papenfuss, Unit Chief for Income 
Security and Education Cost Estimates Unit, Budget Analysis 
Division.

                      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. 1719.
    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. 1719, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1719, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The views of the Administration were included in testimony 
received by the Committee at the December 17, 2009, 
subcommittee hearing on S. 1719 (S. Hrg. 111-364), which is 
printed below:

  Statement of Harris Sherman, Undersecretary, Natural Resources and 
                 Environment, Department of Agriculture

    S. 1719 would direct the Secretary of Agriculture to 
convey, without consideration, certain parcels of land not to 
exceed two acres located in the Wasatch-Cache National Forest 
to the Town of Alta, Utah for public purposes. The bill 
includes a clause for reversion of the property to the United 
States, at the election of the Secretary based on the best 
interests of the United States, if the land is not being used 
for the purpose stated in the bill.
    While we support Alta's need to consolidate their municipal 
resources, the Department cannot support the bill because it 
does not provide for market value compensation for the 
conveyance. It is long-standing policy that the taxpayers of 
the United States receive market value for the sale, exchange, 
or use of their National Forest System land. Based on recent 
land sales in the Alta area, we estimate the average value of 
the lands to be conveyed under S. 1719 to be $500,000. 
Although, the bill does require the Town of Alta to cover the 
Federal land survey costs associated with the conveyance, it 
does not clearly state who would be responsible for bearing 
other administrative costs associated with the conveyance.

                        CHANGES IN 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 S. 1719, as ordered 
reported.

                                  
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