[Senate Report 113-92]
[From the U.S. Government Publishing Office]
Calendar No. 170
113th Congress Report
SENATE
1st Session 113-92
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Y MOUNTAIN CONVEYANCE
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September 10, 2013.--Ordered to be printed
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Mr. Wyden, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 28]
The committee on Energy and Natural Resources, to which was
referred the bill (S. 28) 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,
reports favorably thereon with amendments and an amendment to
the title and recommends that the bill, as amended, do pass.
The amendments are as follows:
1. On page 1, lines 4 and 5, strike ``Y Mountain Access
Enhancement Act'' and insert ``Upper Y Mountain Trail and Y
Conveyance Act''.
2. On page 2, strike lines 11 through 15 and insert the
following:
National Forest in the State of Utah, as generally depicted
on the map entitled ``Upper Y Mountain Trail and Y Conveyance
Act'' and dated June 6, 2013, subject to valid existing rights
and by quitclaim deed.
3. On page 3, line 5, strike ``Guaranteed''.
4. On page 3, line 7, strike ``represents that it''.
5. Amend the title so as to read: ``A bill to provide for
the conveyance of an approximately 80-acre parcel of National
Forest System land in the Uinta-Wasatch-Cache National Forest
in Utah to Brigham Young University, and for other purposes.''.
PURPOSE
The purpose of S. 28 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
Y Mountain is the location of a white block ``Y'' in Provo,
Utah, overlooking Utah Valley and the Brigham Young University
(BYU) campus. The Y was constructed in 1906. BYU currently owns
and maintains the trailhead and much of the trail leading up to
the Y. The remaining property is owned by the Forest Service,
and is managed through a special use permit with BYU, that has
been typically been renewed every 10 years.
BYU is interested in owning the remaining property rather
than continuing to renew the existing special use permit with
the Forest Service in order to guarantee its ability to
maintain the Y and surrounding grounds. S. 28 would therefore
direct the Secretary of Agriculture (Secretary) to convey to
BYU all right, title, and interest of the United States to two
parcels comprising approximately 80.99 acres of National Forest
System land in the Uinta-Wasatch-Cache National Forest in Utah.
LEGISLATIVE HISTORY
S. 28 was introduced by Senators Hatch, Lee, Crapo, and
Flake on January 22, 2013. A hearing was held by the
Subcommittee on Public Lands, Forests and Mining on April 25,
2013 on the bill. At its business meeting on June 18, 2013, the
bill was reported favorably with amendments and an amendment to
the title.
In the 112th Congress, similar legislation was introduced
in the House, H.R. 4484. The Subcommittee on National Parks,
Forests, and Public Lands held a hearing on H.R. 4484 on June
28, 2012. The House Committee on Natural Resources favorably
reported H.R. 4484 with an amendment on July 11, 2012. H.R.
4484 then passed the House by a voice vote under suspension of
the rules on July 23, 2012.
COMMITTEE AMENDMENTS
During its consideration of S. 28, the Committee adopted
five amendments. The first changes the short title. The second
replaces the section, township, and range description of the
parcel with a map reference. The third clarifies the heading of
section 2(c). The fourth clarifies BYU's public access
assurances. The fifth amends the long title.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 18, 2013, by a voice vote of a
quorum present, recommends that the Senate pass S. 28, if
amended as described herein.
SECTION-BY-SECTION ANALYSIS
Section 1 provides a short title.
Section 2(a) requires the Secretary of Agriculture to
convey 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-Cash National Forest depicted in the map entitled
``Upper Y Mountain Trail and Y Conveyance Act dated June 6,
2013.''
Subsection (b)(1) requires Brigham Young University to pay
to the Secretary an amount equal to the fair market value of
the land. This amount will be determined by an appraisal
approved by the Secretary and 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).
Paragraph (2) requires the revenue generated from the land
conveyance to be deposited in the general fund of the Treasury
for federal deficit reduction.
Subsection (c)(1) ensures reasonable public access to the
trailhead and portion of the Y Mountain Trail already owned by
Brigham Young University.
Paragraph (2) ensures reasonable public access to the
portion of the Y Mountain Trail and the ``Y'' symbol as
determined by Brigham Young University.
Subsection (d) requires the exact acreage and legal
description of the land to be conveyed to be determined by a
survey and Brigham Young University to pay the costs of the
survey, appraisal, and any administrative analyses.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 28--Upper Y Mountain Trail and Y Conveyance Act
S. 28 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,
which are treated as reductions in direct spending, by less
than $500,000 in 2014; 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 S. 28 would not affect
revenues.
S. 28 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.
On May 6, 2013, CBO transmitted a cost estimate for H.R.
253, the Y Mountain Access Enhancement Act, as ordered reported
by the House Committee on National Resources on April 24, 2013.
The two bills 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 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. 28.
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. 28, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 28, 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 testimony provided by Forest Service at the April 25,
2013, Subcommittee on Public Lands, Forests, and Mining hearing
on S. 28 follows:
Statement of James M. Pena, Associate Deputy Chief, National Forest
System, Forest Service, Department of Agriculture
Mr. Chairman, Ranking Member Barrasso, and members of the
Committee, thank you for inviting me here today to testify
regarding S. 28, the ``Y'' Mountain Access Enhancement Act.
S. 28, the ``Y'' Mountain Access Enhancement Act, would
direct the Secretary to convey to Brigham Young University
(BYU) all right, title, and interest of the United States to
two parcels comprising approximately 89 acres of National
Forest System land in the Uinta-Wasatch-Cache National Forest
in the State of Utah, as shown on the accompanying map. The
southern parcel is a split estate, so the United States would
only convey what it owns (the surface estate). The United
States does not own the underlying mineral estate.
The Department does not object to the conveyance of the two
parcels, but would like to work with the Subcommittee and the
sponsor to address public access at the trailhead. The
trailhead and beginning portion of the ``Y'' Mountain Trail''
are located on land owned by the University. These parcels are
adjacent to it. Historically, the public has been permitted
access to the trailhead and trail. Section 2(c) of the bill
seeks to provide the same reasonable public access for the
trail that historically has been allowed. To accomplish this
objective, the Department recommends that section 2(c) be
revised to provide for the reservation by the Secretary of an
easement for public access for the portion of Forest Service
Trail #2062 that would be conveyed to the University. In
addition, there is no legal public access to the trail and
trailhead located on BYU owned property. Therefore, to ensure
legal public access, the Department suggests the Committee
consider an amendment to allow the Secretary to obtain an
easement from BYU for the trailhead parking lot and the portion
of trail that traverses across BYU property.
The bill provides for the conveyance of this land for
consideration in the amount equal to the fail market value of
the land. The bill also requires the proceeds from the sale
shall be deposited in the general fund of the Treasury to
reduce the Federal debt. The Department recommends utilizing
Public Law 90-171, commonly known as the ``Sisk Act'' (16
U.S.C. 484a), which would allow for the deposit of proceeds
received for a conveyance into the fund established under the
Sisk Act for the acquisition of land or interests in land
within the State of Utah.
This concludes my testimony and I would be happy to answer
any questions that you may 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 S. 28, as ordered reported.