[House Report 115-527]
[From the U.S. Government Publishing Office]


115th Congress    }                                           {    Report
                         HOUSE OF REPRESENTATIVES
 2d Session       }                                           {   115-527

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



 
                     HYDE PARK LAND CONVEYANCE ACT

                                _______
                                

January 25, 2018.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4264]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4264) to direct the Secretary of the Interior to 
convey certain Bureau of Land Management land in Cache County, 
Utah, to the City of Hyde Park for public purposes, 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. 4264 is to direct the Secretary of the 
Interior to convey certain Bureau of Land Management land in 
Cache County, Utah, to the City of Hyde Park for public 
purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Bureau of Land Management (BLM) manages an 
approximately 80-acre parcel just outside the city limits of 
Hyde Park, in Cache County, Utah. The tract of land is isolated 
(surrounded entirely by private land) and does not have any 
mining or oil and gas leases. In 1985, BLM published an 
isolated tract planning decision document which concluded that 
the parcel was suitable for disposal.\1\ The BLM's rationale 
for disposal stated:
---------------------------------------------------------------------------
    \1\Bureau of Land Management. 1985. ``Decision Document for the 
Isolated Tract Planning Analysis Bear River Resource Area and Pony 
Express Resource Area.'' https://eplanning.blm.gov/epl-front-office/
projects/lup/71243/94759/114415/
Isolated_Tract_Planning_Analysis_&_DR_[1985].pdf

          Due to its location, size and lack of access, this 
        parcel is difficult and uneconomic to manage as part of 
        the public lands, and is not suitable for management by 
        another federal department or agency. There has been no 
        interest by a public entity for management, and the 
        resource values will not significantly change in non-
---------------------------------------------------------------------------
        federal ownership.

    Although BLM found in 1985 that there was no interest in a 
public entity acquiring the parcel, the City of Hyde Park has 
interest in the property today. The Mayor and City Council of 
Hyde Park have requested that the parcel be conveyed to the 
City to be used for public purposes, specifically a new 
culinary water tank and as a trail head for the future 
extension of the Bonneville Shoreline Trail.
    If requested by the City of Hyde Park, H.R. 4264 directs 
the Secretary of the Interior to convey the parcel to Hyde 
Park, subject to valid existing rights. The City will pay all 
costs of the conveyance.

                            COMMITTEE ACTION

    H.R. 4264 was introduced on November 7, 2017, by 
Congressman Rob Bishop (R-UT). The bill was referred to the 
Committee on Natural Resources. On December 12, 2017, the 
Natural Resources Committee met to consider the bill. 
Congressman Raul M. Grijalva (D-AZ) offered an amendment 
designated 009; it was not adopted by voice vote. No additional 
amendments were offered, and the bill was ordered favorably 
reported to the House of Representatives by a bipartisan roll 
call vote of 23 ayes to 12 noes on December 13, 2017, as 
follows:


            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 AND CONGRESSIONAL BUDGET ACT

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 11, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4264, the Hyde 
Park Land Conveyance Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 4264--Hyde Park Land Conveyance Act

    H.R. 4264 would direct the Bureau of Land Management to 
convey, upon request and without consideration, 80 acres of 
federal land to the city of Hyde Park, Utah. The affected lands 
do not currently generate receipts for the federal government 
and are not expected to generate such receipts over the next 10 
years, and any costs associated with the conveyance would be 
paid by the city. Thus, CBO estimates that implementing the 
legislation would have no effect on the federal budget.
    Enacting H.R. 4264 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 4264 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2028.
    H.R. 4264 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. 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 to direct the Secretary of the 
Interior to convey certain Bureau of Land Management land in 
Cache County, Utah, to the City of Hyde Park for public 
purposes.

                           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. This bill does not contain any 
directed rule makings.
    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 to existing 
law.

                            DISSENTING VIEWS

    H.R. 4264 authorizes the conveyance of approximately 80 
acres of federal land to the City of Hyde Park, Utah, for the 
development of a water tower and trailhead. This is a worthy 
goal that we would like to support, but the bill, as 
introduced, does not require any compensation to the taxpayers 
who own the land.
    Federal lands are owned by all of us. Over the years, 
Congress has conveyed thousands of acres to support the needs 
of state and local governments, but in order to be fair to the 
American taxpayer, a conveyance must require some form of 
compensation.
    Recipients of federal property can either elect to pay fair 
market value or Congress can choose to include some form of a 
reversionary interest. The bill mentions that the conveyance is 
for public purposes, but it does not include a way in which to 
enforce that requirement. There's nothing to stop the city from 
turning around and selling the land to the highest bidder.
    Absent this sort of a guarantee, taxpayers should receive 
fair market value for the land. H.R. 4264 fails to include that 
requirement, which would cheat the public and undermine federal 
land management. Natural Resources Committee Ranking Member 
Grijalva offered an amendment at markup to require payment of 
fair market value. However, the amendment was not agreed to by 
Committee Republicans. As a result, we cannot support H.R. 4264 
as ordered reported.

                                   Raul M. Grijalva,
                                           Ranking Member, House 
                                               Natural Resources 
                                               Committee.
                                   Alan Lowenthal.
                                   Grace F. Napolitano.
                                   Jared Huffman.