[House Report 112-612]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     112-612

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                   Y MOUNTAIN ACCESS ENHANCEMENT ACT

                                _______
                                

 July 19, 2012.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4484]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4484) to provide for the conveyance of a small 
parcel of National Forest System land in the Uinta-Wasatch-
Cache National Forest in Utah to Brigham Young University, 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 ``Y Mountain Access Enhancement Act''.

SEC. 2. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL FOREST, UTAH.

  (a) Conveyance Required.--On the request of Brigham Young University 
submitted to the Secretary of Agriculture not later than one year after 
the date of the enactment of this Act, the Secretary shall convey, not 
later than one year after receiving the request, to Brigham Young 
University all right, title, and interest of the United States in and 
to an approximately 80-acre parcel of National Forest System land in 
the Uinta-Wasatch-Cache National Forest in the State of Utah consisting 
of the SE\1/4\SE\1/4\ of Section 32, T. 6 S., R. 3 E., and Lot 4 of 
Section 5, T. 7 S., R. 3 E., Salt Lake Base & Meridian. The conveyance 
shall be subject to valid existing rights and shall be made by 
quitclaim deed.
  (b) Consideration.--
          (1) Consideration required.--As consideration for the land 
        conveyed under subsection (a), Brigham Young University shall 
        pay to the Secretary an amount equal to the fair market value 
        of the land, as determined by an appraisal approved by the 
        Secretary and conducted in conformity with the Uniform 
        Appraisal Standards for Federal Land Acquisitions and section 
        206 of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716).
          (2) Deposit.--The consideration received by the Secretary 
        under paragraph (1) shall be deposited in the general fund of 
        the Treasury to reduce the Federal deficit.
  (c) Guaranteed Public Access to Y Mountain Trail.--After the 
conveyance under subsection (a), Brigham Young University represents 
that it will--
          (1) continue to allow the same reasonable public access to 
        the trailhead and portion of the Y Mountain Trail already owned 
        by Brigham Young University as of the date of the enactment of 
        this Act that Brigham Young University has historically 
        allowed; and
          (2) allow that same reasonable public access to the portion 
        of the Y Mountain Trail and the ``Y'' symbol located on the 
        land described in subsection (a).
  (d) Survey and Administrative Costs.--The exact acreage and legal 
description of the land to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary. Brigham Young 
University shall pay the reasonable costs of survey, appraisal, and any 
administrative analyses required by law.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4484, as ordered reported, is to 
provide for the conveyance of a small parcel of National Forest 
System land in the Uinta-Wasatch-Cache National Forest in Utah 
to Brigham Young University.

                  BACKGROUND AND NEED FOR LEGISLATION

    Y Mountain is the location of the familiar white block 
``Y'' in Provo, Utah, overlooking Utah Valley and the Brigham 
Young University campus. The Y was constructed in 1906 and has 
been part of the Provo landscape ever since.
    Currently, the University owns and maintains the trailhead 
and much of the trail leading up to the 380-foot tall by 130-
foot wide landmark. The remaining property is owned by the U.S. 
Forest Service, but is used by the University under a permit 
that has typically been renewed every 10 years. The University 
seeks to guarantee its ability to maintain the Y and 
surrounding grounds without the risk of losing the right 
through the permitting process. To that end, H.R. 4484 requires 
the Secretary of Agriculture to convey, at fair market value, 
approximately 80 acres of the Uinta-Wasatch-Cache National 
Forest, in Provo, Utah, to Brigham Young University for fair 
market value. Additionally, the legislation requires the 
university to continue to allow public access to the Y as it 
has for decades.
    During Full Committee consideration of H.R. 4484, the 
Committee adopted an amendment offered by Congressman Rob 
Bishop (R-UT) to correct the legal description of the property.

                            COMMITTEE ACTION

    H.R. 4484 was introduced on April 24, 2012, by Congressman 
Jason Chaffetz (R-UT). The bill was referred to the House 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Public Lands. On 
June 28, 2012, the Subcommittee on National Parks, Forests and 
Public Lands held a hearing on the bill. On July 11, 2012, the 
Full Resources Committee met to consider the bill. The 
Subcommittee on National Parks, Forests and Public Lands was 
discharged by unanimous consent. Congressman Rob Bishop (R-UT) 
offered amendment designated #1 to the bill; the amendment was 
adopted by unanimous consent. The bill, as amended, was then 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            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.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 4484--Y Mountain Access Enhancement Act

    H.R. 4484 would require the Secretary of Agriculture to 
sell, for fair market value, about 80 acres of federal land 
located in Utah to Brigham Young University. Based on 
information about the value of similar lands in northern Utah, 
CBO estimates that enacting the legislation would increase 
offsetting receipts (a credit against direct spending) by less 
than $500,000 in 2013; therefore, pay-as-you-go procedures 
apply. Because the bill would require the university to cover 
any administrative costs associated with the conveyance, CBO 
estimates that implementing the bill would not affect 
discretionary spending. Enacting H.R. 4484 would not affect 
revenues.
    H.R. 4484 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of 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. Based on 
information about the value of similar lands in northern Utah, 
CBO estimates that enacting the legislation would increase 
offsetting receipts (a credit against direct spending) by less 
than $500,000 in 2013; therefore, pay-as-you-go procedures 
apply. Because the bill would require the university to cover 
any administrative costs associated with the conveyance, CBO 
estimates that implementing the bill would not affect 
discretionary spending.
    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, as ordered reported, is to provide for 
the conveyance of a small parcel of National Forest System land 
in the Uinta-Wasatch-Cache National Forest in Utah to Brigham 
Young University.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                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.

                                  
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