[House Report 113-65]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-65
======================================================================
 
                   FRUIT HEIGHTS LAND CONVEYANCE ACT

                                _______
                                

  May 17, 2013.--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

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 993]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.F. 993) to provide for the conveyance of certain 
parcels of National Forest System land to the city of Fruit 
Heights, Utah, having considered the same, report favorably 
thereon without amendment and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of H.R. 993 is to provide for the conveyance of 
certain parcels of National Forest System land to the city of 
Fruit Heights, Utah.

                  BACKGROUND AND NEED FOR LEGISLATION

    The city of Fruit Heights, Utah is surrounded by federal 
land managed by the U.S. Forest Service. Due to the surrounding 
federal land, Fruit Heights is constrained in its options for 
development and is in need of space to develop a community 
cemetery. H.R. 993 would authorize the Secretary of Agriculture 
to convey approximately 100 acres of National Forest System 
land to the city of Fruit Heights for the purpose of allowing 
the community to have its own cemetery.

                            COMMITTEE ACTION

    H.R. 993 was introduced on March 6, 2013, by Congressman 
Rob Bishop (R-UT). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. On April 18, 
2013, the Subcommittee held a hearing on the bill. On April 24, 
2013, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Public Lands and Environmental 
Regulation was discharged by unanimous consent. No amendments 
were offered, and the bill was then adopted and ordered 
favorably reported to the House of Representatives by voice 
vote.

            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. 993--Fruit Heights Land Conveyance Act

    H.R. 993 would direct the Secretary of Agriculture to 
convey, without consideration, certain lands in Utah to the 
town of Fruit Heights City. Based on information from the 
Forest Service, CBO estimates that implementing the legislation 
would have no significant impact on the federal budget. 
Enacting H.R. 993 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 100 acres of land within the Uinta-Wasatch-Cache National 
Forest to Fruit Heights City, 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 to survey the 
affected lands would be paid by the town.
    H.R. 993 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 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 from the Forest Service, CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget.
    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 provide for the conveyance of certain 
parcels of National Forest System land to the city of Fruit 
Heights, Utah.

                           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.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                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.

                            DISSENTING VIEWS

    We oppose H.R. 993 because it conveys, at no cost, 100 
acres of Forest Service land to Fruit Heights, Utah. While we 
are sympathetic to the needs of Fruit Heights, this conveyance 
is simply not in the interest of the United States taxpayers.
    The parcel of land in question was purchased by the federal 
government in 2002 for over $3 million from the Land and Water 
Conservation Fund. It is highly unusual, just ten years after a 
land acquisition is made, to turn around and convey that land, 
for free, to another entity.
    Davis County, Utah has experienced double digit growth for 
the past decade. The surrounding Forest Service lands have been 
critical in protecting water quality and open space for this 
region. To give away the very federal resources which have 
played a significant role in attracting new residents to this 
area is unwise and unwarranted.
                                   Edward J. Markey,
                                           Ranking Democratic Member, 
                                               Natural Resources 
                                               Committee.
                                   Raul M. Grijalva,
                                           Ranking Democratic Member, 
                                               Subcommittee on Public 
                                               Lands and Environmental 
                                               Regulation.

                                  
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