[House Report 115-803]
[From the U.S. Government Publishing Office]


115th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       115-803

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



 
                   JUAB COUNTY CONVEYANCE ACT OF 2018

                                _______
                                

  July 3, 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. 3777]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3777) to direct the Secretary of Agriculture to 
convey certain National Forest System land containing the Nephi 
Work Center in Juab County, Utah, to Juab County, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Juab County Conveyance Act of 2018''.

SEC. 2. LAND CONVEYANCE, NEPHI WORK CENTER, JUAB COUNTY, UTAH.

  (a) Conveyance Required.--Subject to valid existing rights, if the 
County submits a written request to the Secretary not later than 90 
days after the date of enactment of this Act, the Secretary shall 
convey, without consideration and by quitclaim deed, to the County all 
right, title, and interest of the United States in and to the parcel of 
National Forest System land, including improvements thereon, described 
in subsection (b).
  (b) Description of Land.--
          (1) In general.--The parcel of National Forest System land 
        and improvements to be conveyed under subsection (a) is the 
        Nephi Work Center at 740 South Main Street, Nephi, Utah, which 
        consists of approximately 2.17 acres within Nephi Plat B Block 
        of the Nephi Townsite Survey as Parcels #XA00-0545-1111 and 
        #XA00-0545-2, and is identified on the map entitled ``Nephi 
        Plat B'' and dated May 6, 1981.
          (2) Map and legal description.--
                  (A) In general.--As soon as practical after the date 
                of enactment of this Act, the Secretary shall submit to 
                the Committee on Natural Resources of the House of 
                Representatives and the Committee on Agriculture, 
                Nutrition, and Forestry of the Senate a map and legal 
                description of the parcel described in paragraph (1).
                  (B) Minor modifications.--The map and legal 
                description submitted under this paragraph shall have 
                the same force and effect as if included in this Act, 
                except that the Secretary may make minor modifications 
                of any clerical or typographical errors in the map or 
                the legal description.
                  (C) Copy on file.--A copy of the map and the legal 
                description shall be on file and available for public 
                inspection in the appropriate field offices of the U.S. 
                Forest Service.
  (c) Survey.--The exact acreage and legal description of the National 
Forest System land to be conveyed under subsection (a) shall be 
determined by a survey satisfactory to the Secretary.
  (d) Costs of Conveyance.--As a condition for the conveyance under 
subsection (a), the County shall pay the reasonable costs incurred by 
the Secretary for--
          (1) the survey required by subsection (c); and
          (2) any environmental or administrative analysis required by 
        law related to the conveyance.
  (e) Additional Terms and Conditions.--The conveyance under subsection 
(a) is subject to any other terms and conditions as the Secretary 
considers appropriate to protect the interests of the United States.
  (f) Time for Completion of Conveyance.--The Secretary shall complete 
the conveyance under subsection (a) not later than one year after the 
date on which the County submits the written request described in 
subsection (a).
  (g) Definitions.--In this Act:
          (1) County.--The term ``County'' means Juab County, Utah.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        Agriculture, acting through the Chief of the U.S. Forest 
        Service.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3777 is to direct the Secretary of 
Agriculture to convey certain National Forest System land 
containing the Nephi Work Center in Juab County, Utah, to Juab 
County.

                  BACKGROUND AND NEED FOR LEGISLATION

    Juab County is located in western Utah, stretching from the 
Nevada border east toward its border with Sanpete County. Its 
county seat, Nephi, is located approximately 40 miles south of 
Provo on Interstate 15. Approximately 1.5 million acres (70.2%) 
of land in Juab County is land owned by the federal 
government.\1\
---------------------------------------------------------------------------
    \1\``2017 Payments in Lieu of Taxes-Juab County, UT.'' NACo County 
Explorer, National Association of Counties, explorer.naco.org/.
---------------------------------------------------------------------------
    The United States currently owns approximately 2.61 acres 
of land within the community of Nephi, Utah, sometimes known as 
the Nephi Work Center. This property was used by the U.S. 
Forest Service (USFS) as a work center supporting management of 
the Spanish Fork Ranger District of the Uinta-Wasatch-Cache 
National Forest.\2\ The property is currently not in use and 
was designated in 2013 by USFS for administrative disposal 
under the Forest Service Facilities Realignment and Enhancement 
Act of 2005 (Public Law 109-54, 16 U.S.C. 580d note).\3\
---------------------------------------------------------------------------
    \2\Information provided by the U.S. Forest Service to the House 
Natural Resources Committee.
    \3\``USDA Forest Service FY 2013 Budget Justification.'' pp. 12-
13., www.fs.fed.us/sites/default/files/legacy_files/fy2013-
justification.pdf.
---------------------------------------------------------------------------
    The Juab County Special Service Fire District (SSFD) 
provides fire suppression and wildland fire mitigation services 
to private and public lands in the unincorporated communities 
of Juab County, including parts of the Ashley, Manti-La Sal and 
Fish Lake National Forests.\4\ Under a current agreement with 
USFS, the SSFD houses its fire mitigation program on the unused 
USFS Nephi site.
---------------------------------------------------------------------------
    \4\Information provided by Juab County through the office of 
Representative Love (UT-4).
---------------------------------------------------------------------------
    On August 15, 2017, Juab County sent a letter to the 
Secretary of Agriculture requesting the property be conveyed to 
the County. The County intends to utilize the land to house its 
Wildlands Fire Team and equipment, with plans to construct a 
new fire station to serve the residents of Nephi and Juab 
County. In addition, on April 27, 2018, the Juab County 
Commission passed Resolution No. 04272018, seeking conveyance 
of USFS's Nephi Work Center. The resolution declared the 
Commission's intent to request the land conveyance authorized 
by H.R. 3777 within 90 days of the enactment of the 
legislation.
    H.R. 3777 would authorize the conveyance of approximately 
2.61 acres of USFS land and improvements in Nephi to Juab 
County, Utah. The bill would require the County to pay all 
conveyance costs, including the costs of environmental analysis 
and surveying.

                            COMMITTEE ACTION

    H.R. 3777 was introduced on September 14, 2017, by 
Congresswoman Mia B. Love (R-UT). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Federal Lands. On May 17, 2018, the 
Subcommittee held a hearing on the bill. On June 6, 2018, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee was discharged by unanimous consent. Congressman 
Rob Bishop (R-UT) offered an amendment designated #1; it was 
adopted by voice vote. Congresswoman Colleen Hanabusa (D-HI) 
offered an amendment designated 01; it was not adopted by a 
roll call vote of 15 ayes and 20 nays, as follows:


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    No additional amendments were offered, and the bill, as 
amended, was ordered favorably reported to the House of 
Representatives by a bipartisan roll call vote of 23 ayes and 
13 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            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, June 25, 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. 3777, the Juab 
County Conveyance Act of 2017.
    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. 3777--Juab County Conveyance Act of 2017

    H.R. 3777 would require the Forest Service to convey, 
without consideration, a two-acre parcel of federal land to 
Juab County, Utah, at the county's request. The affected 
parcel, which is located in the town of Nephi, is not currently 
in use and has been designated for disposal under the Forest 
Service Facility Realignment and Enhancement Act. However, 
because the agency's authority to dispose of property under 
that act will expire on September 30, 2018, CBO does not expect 
the parcel to be conveyed under current law.
    Based on information from the agency, CBO expects that the 
affected parcel will not generate any income for the federal 
government over the next 10 years. Any administrative costs 
associated with the conveyance would be paid by the town. On 
that basis, CBO estimates that enacting the bill would have no 
effect on the federal budget.
    Enacting H.R. 3777 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    CBO estimates that enacting H.R. 3777 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2029.
    H.R. 3777 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 reviewed 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 
Agriculture to convey certain National Forest System land 
containing the Nephi Work Center in Juab County, Utah, to Juab 
County.

                           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. 3777 authorizes the conveyance of the Nephi Work 
Center--2.6 acres of U.S. Forest Service land--to Juab County, 
Utah. The conveyed land, which includes a former U.S. Forest 
Service fire station, is on loan to the county and currently 
houses the Special Service Fire District's Wild Lands Fuels 
Mitigation crew. The county intends to continue this use 
following the conveyance authorized by this bill.
    We support the sale or exchange of unused facilities that 
help municipal governments. However, any sale or exchange must 
be conducted in a manner that ensures some form of compensation 
to the taxpayer. A typical public purposes conveyance includes 
some form of reversionary interest, which stipulates that the 
property must be used for a certain purpose, otherwise 
ownership reverts to the United States. Including a 
reversionary interest is a balanced policy because it allows 
for a no-cost conveyance to move forward without immediate 
compensation of the property's fair market value and prevents 
the future sale or misuse of the property. Unfortunately, H.R. 
3777 does not follow standard appraisal procedures or require a 
reversionary interest or any form of compensation, which, 
ultimately, cheats the taxpayer.
    At the Federal Lands Subcommittee hearing on this bill, a 
representative from Juab County said that the county is open to 
accepting the conveyance with a reversionary interest 
requirement. In the spirit of identifying a bipartisan path 
forward for the conveyance, Federal Lands Subcommittee Ranking 
Member Hanabusa offered an amendment during markup to add a 
public purpose requirement to the conveyance. This commonsense 
amendment was rejected by the Majority.
    Again, we welcome the opportunity to advance bipartisan 
legislation to support the infrastructure and administration of 
municipal governments, but we must do so in a way that supports 
the integrity of our system of public lands and protects the 
interest of the American taxpayer. Unfortunately, this bill 
fails to meet those criteria.
                                   Raul M. Grijalva,
                                           Ranking Member,
                                           House Natural Resources 
                                               Committee.
                                   Grace F. Napolitano.

                                  [all]