[Senate Report 112-60]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 140
112th Congress                                                   Report
                                 SENATE
 1st Session                                                     112-60

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



 
                   BOX ELDER UTAH LAND CONVEYANCE ACT

                                _______
                                

  August 30 (legislative day, August 2), 2011.--Ordered to be printed

   Filed under authority of the order of the Senate of August 2, 2011

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 683]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 683) to provide for the conveyance of 
certain parcels of land to the town of Mantua, Utah, having 
considered the same, reports favorably thereon with amendments 
and recommends that the bill, as amended, do pass.
    The amendments are as follows:
    1. On page 1, line 10, strike ``July 14, 2008'' and insert 
``June 23, 2011''.
    2. On page 2, strike lines 1 through 12 and insert the 
following:

          (2) National forest system land.--The term ``National 
        Forest System land'' means the approximately 31.5 acres 
        of National Forest System land in Box Elder County, 
        Utah, that is generally depicted on the map as parcels 
        A, B, and C.

    3. On page 2, strike line 17 and insert the following:

    (b) Conveyance.--On the request of the Town submitted to 
the Secretary by the date that is not later than 1 year after 
the

    4. On page 2, strike line 22 and insert the following:

    (c) Survey; Costs.--
    5. On page 3, strike lines 3 and 4 and insert the 
following:
          (2) Costs.--The Town shall pay the reasonable survey 
        and other administrative costs associated with the 
        conveyance.

                                PURPOSE

    The purpose of S. 683 is to provide for the conveyance of 
approximately 31.5 acres of Federal land administered by the 
Forest Service to the town of Mantua, Utah.

                          BACKGROUND AND NEED

    The town of Mantua, Utah, is a small town in Box Elder 
County in northern Utah. The town has a total area of about 5.6 
square miles, about 8 acres of which is owned by the town and 
used for a cemetery (about 4 acres), park (about 2.5 acres), 
and municipal buildings. The Uinta-Wasatch-Cache National 
Forest borders a portion of Mantua, and it includes two 
peninsula-shaped parcels of land that are largely surrounded by 
private land near the cemetery and municipal buildings. The two 
parcels were donated by Box Elder County to the United States 
in 1940. The town would like to acquire the two parcels to add 
to the existing cemetery, to provide land for a new park, to 
erect new town offices, a court and law enforcement facilities, 
or to build a fire station.

                          LEGISLATIVE HISTORY

    S. 683 was introduced by Senator Lee on March 30, 2011. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
683 on May 18, 2011 (S. Hrg. 112-39). At its business meeting 
on July 14, 2011, the Committee on Energy and Natural Resources 
ordered S. 683 favorably reported with amendments. In the 111th 
Congress, a similar bill (H.R. 601), passed the House of 
Representatives by a vote of 396-1 on February 23, 2009, and 
was reported by the Committee (S. Rept. 111-271), but the 
Senate took no further action on H.R. 601.

                        COMMITTEE RECOMMENDATION

    The Committee on Energy and Natural Resources, in open 
business session on July 14, 2011, by a voice vote of a quorum 
present, recommends that the Senate pass S. 683, if amended as 
described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 683, the Committee adopted 
amendments that clarify that the direction to the Secretary to 
convey the Federal land is contingent on the town submitting a 
prior request for the conveyance, that require the town to pay 
the administrative costs associated with the conveyance, and 
that make other technical and conforming changes to the bill.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title for the bill.
    Section 2(a) provides the definitions for a number of terms 
used in the bill.
    Subsection (b) directs the Secretary of Agriculture to 
convey to the Town of Mantua, Utah, for no consideration, 
approximately 31.5 acres of land within Uinta-Wasatch-Cache 
National Forest, as generally depicted on the referenced map.
    Subsection (c) provides for a survey of the land, if 
necessary, paid for by the town along with other reasonable 
costs associated with the conveyance.
    Subsection (d) directs that the conveyed land be used only 
for public purposes.
    Subsection (e) provides for the land to revert to the 
Secretary, at the election of the Secretary, if the land is 
used for other than public purposes.
    Subsection (f) requires the conveyance to be subject to 
such additional terms and conditions as 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. 683--Box Elder Utah Land Conveyance Act

    S. 683 would direct the Secretary of Agriculture to convey, 
without consideration, certain lands in Utah to the town of 
Mantua. Based on information from the Forest Service, CBO 
estimates that implementing the legislation would have no 
significant impact on the federal budget. Enacting S. 683 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    Under the bill, the Secretary would be required to convey 
about 32 acres of land within the Uinta-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. The affected lands do 
not currently generate offsetting receipts for the federal 
government and are not expected to generate such receipts over 
the next 10 years. Any costs associated with carrying out the 
conveyance would be paid by the town.
    S. 683 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.
    On July 27, 2011, CBO transmitted a cost estimate for H.R. 
1258, the Box Elder Utah Land Conveyance Act, as ordered 
reported by the House Committee on Natural Resources on July 
20, 2011. S. 683 and H.R. 1258 are similar, and the CBO cost 
estimates are the same.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUTION

    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. 683.
    The Act 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. 683, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 683, as ordered 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 testimony provided by the Forest Service at the May 18, 
2011, hearing on S. 683 follows.

 Statement of Mary Wagner, Associate Chief, Forest Service, Department 
                             of Agriculture

    Mr. Chairman and members of the Subcommittee, I am Mary 
Wagner, Associate Chief of the Forest Service. Thank you for 
the opportunity today to present the Department's view on S. 
683, legislation to provide for the conveyance of certain 
parcels of land in the Town of Mantua, Utah.
    S. 683 would direct the Secretary of Agriculture to convey, 
without consideration, to the Town of Mantua, Utah, all right, 
title and interest of the United States in approximately 31.5 
acres of National Forest System (NFS) land in Box Elder County, 
Utah. This land is currently part of the Uinta-Wasatch-Cache 
National Forest. The 31.5 acres in question comprise three 
parcels identified in the bill as parcels A, B, and C as shown 
on the accompanying map. The parcels are encumbered with 
several outstanding rights in Brigham City, including three 
pipelines, a right to construct a pipeline, and use of four 
springs.
    The Department does not object to conveyance of this NFS 
land, but notes that these parcels have not been officially 
described; a federal survey would be required in advance of 
conveyance. Although the bill does require the Town 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.
    We believe that the Forest Service could meet the 
objectives of the bill administratively through either the 
Townsite Act of July 31, 1958 (16 U.S.C. 478a) or the Weeks Act 
of March 1, 1911 (16 U.S.C. 516) as supplemented by the Federal 
Land Policy and Management Act (FLPMA) of October 21, 1976 
(P.L. 94-579, 90 Stat. 2743; 43 U.S.C. 1716; as amended). The 
Townsite Act authorizes communities to acquire up to 640 acres 
of NFS land in order to serve community objectives and requires 
payment to the United States of the market value of the federal 
land. The Weeks Act authorizes the exchange of NFS land for 
non-Federal land on the basis of equal value.
    It is long standing policy that the United States receive 
market value for the sale, exchange or use of NFS land. This 
policy is well established in law, including the Independent 
Offices Appropriation Act (31 U.S.C. 9701), section 102(9) of 
FLPMA, as well as numerous land exchange authorities. The 
parcels were acquired by donation from Box Elder County in 
1941. They have value to the United States for their potential 
to be used to facilitate future land exchanges.
    Mr. Chairman, regardless of the ultimate outcome of the 
congressional consideration of S. 683, the Forest Service is 
committed to working with the bill sponsors, the Town of 
Mantua, and the Committee, in hopes of assisting the Town. We 
would appreciate the opportunity to work with the Committee to 
address concerns with S. 683, including regarding the 
definition of public purpose and the revisionary language.
    Also, to avoid constitutional concerns, the Department of 
Justice recommends that the bill be revised to make absolutely 
clear that the town would have to agree to the proposed 
conveyance, which is what we understand Congress intends. This 
change might be accomplished by adding ``and subject to the 
Town's agreement'' after ``the Secretary shall convey to the 
Town,'' in section 2(b) of the bill.
    This concludes my statement and I would be happy to answer 
any questions you might have.

                        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 the bill S. 683, as ordered 
reported.


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