[Senate Report 113-92]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 170
113th Congress                                                   Report
                                 SENATE
 1st Session                                                     113-92

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



 
                         Y MOUNTAIN CONVEYANCE

                                _______
                                

               September 10, 2013.--Ordered to be printed

                                _______
                                

    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.

                                  
