[Senate Report 118-148]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 300
                                                       
118th Congress }                                               {   Report
                                 SENATE
 1st Session   }                                               { 118-148

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                    UTAH STATE PARKS ADJUSTMENT ACT

                                _______
                                

               December 20, 2023.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 2136]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2136), to require the Secretary of the 
Interior and the Secretary of Agriculture to convey certain 
Federal land to the State of Utah for inclusion in certain 
State parks, and for other purposes, having considered the 
same, reports favorably thereon with an amendment, in the 
nature of a substitute, and recommends that the bill, as 
amended, do pass.

                               AMENDMENT

    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utah State Parks Adjustment Act''.

SEC. 2. CONVEYANCE OF CERTAIN FEDERAL LAND TO THE STATE OF UTAH.

    (a) Antelope Island State Park Conveyance.--Not later than 180 days 
after the date of enactment of this Act, the Secretary of the Interior 
shall convey, subject to valid existing rights, without consideration, 
and by quitclaim deed, to the State of Utah (referred to in this 
section as the ``State''), for inclusion in Antelope Island State Park, 
all right, title, and interest of the United States in and to the 
Bureau of Land Management land depicted on the map entitled ``Antelope 
Island State Park Proposal: Utah State Park Additions'' and dated 
February 28, 2023, that is identified as land proposed for conveyance 
on that map.
    (b) Wasatch Mountain State Park Conveyance.--Not later than 180 
days after the date of enactment of this Act, the Secretary of the 
Interior shall convey, subject to valid existing rights, without 
consideration, and by quitclaim deed, to the State, for inclusion in 
Wasatch Mountain State Park, all right, title, and interest of the 
United States in and to the Bureau of Land Management land depicted on 
the map entitled ``Wasatch Mountain State Park Proposal: Utah State 
Park Additions'' and dated September 13, 2023, that is identified as 
land proposed for conveyance on that map.
    (c) Fremont Indian State Park Conveyance.--
          (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Agriculture shall 
        convey, subject to valid existing rights, without 
        consideration, and by quitclaim deed, to the State, for 
        inclusion in Fremont Indian State Park, all right, title, and 
        interest of the United States in and to--
                  (A) the National Forest System land depicted on the 
                map entitled ``S. 2136--Utah State Parks Adjustment 
                Act'' and dated September 12, 2023, that is identified 
                as an area selected for land transfer on that map; and
                  (B) any improvements to the National Forest System 
                land described in subparagraph (A).
          (2) Easements.--As a condition of the conveyance under 
        paragraph (1), the Secretary of Agriculture shall reserve 
        easements to the conveyed land for all National Forest System 
        roads and trails that originate at, terminate at, or traverse 
        the conveyed land.
          (3) Water rights.--As a condition of the conveyance under 
        paragraph (1), the Secretary of Agriculture shall convey to the 
        State only those water rights held by the United States 
        identified as 63-44, 63-1607, and 63-2817 in the water rights 
        database of the Utah State Engineer that provide water to the 
        Castle Rock Campground and the Belknap Historic Guard Station 
        interpretive site.
          (4) Survey.--
                  (A) In general.--If determined by the Secretary of 
                Agriculture to be necessary, the exact acreage and 
                legal description of the National Forest System land to 
                be conveyed under paragraph (1) shall be determined by 
                a survey approved by the Secretary of Agriculture.
                  (B) Costs.--As a condition of the conveyance under 
                paragraph (1), the State shall pay the reasonable 
                survey costs associated with the survey under 
                subparagraph (A).
          (5) Additional Terms and Conditions.--The Secretary of 
        Agriculture may enter into an agreement with the State with 
        respect to additional terms and conditions applicable to the 
        conveyance under paragraph (1), including--
                  (A) the management and maintenance of the Belknap 
                Historic Guard Station interpretive site;
                  (B) the use and maintenance of roads and trails on 
                the conveyed parcel of National Forest System land;
                  (C) the continued use of permitted livestock grazing 
                on the conveyed parcel of National Forest System land;
                  (D) continued Forest Service access to, and use and 
                maintenance of, any water rights retained by the United 
                States in the area of the conveyed parcel of National 
                Forest System land; and
                  (E) any other terms and conditions necessary to 
                clarify management and maintenance of the parcel of 
                National Forest System land after the date of 
                conveyance.
    (d) Modifications to Maps.--For the purposes of a conveyance 
required by this section, the Secretary of the Interior or the 
Secretary of Agriculture, as applicable, may make minor modifications 
to the applicable map described in subsection (a), (b), or (c)(1)(A), 
including changes reflecting any applicable surveys conducted under 
this section.
    (e) Use of Conveyed Land.--
          (1) In general.--The State shall use any Federal land 
        conveyed under this section for public purposes, including 
        parks, campgrounds, recreation, and permitted livestock 
        grazing.
          (2) Reversionary interest.--If a parcel of Federal land 
        conveyed to the State under this section ceases to be used for 
        public purposes described in paragraph (1), the parcel shall, 
        at the discretion of the Secretary of Agriculture or Secretary 
        of the Interior, as applicable, revert to the United States.

                                PURPOSE

    The purpose of S. 2136 is to direct the Secretary of the 
Interior and the Secretary of Agriculture to convey certain 
Federal land administered by the Bureau of Land Management and 
the Forest Service to the State of Utah for inclusion in 
certain State parks.

                          BACKGROUND AND NEED

    S. 2136 directs the Secretary of the Interior and the 
Secretary of Agriculture to convey to the State of Utah six 
small Bureau of Land Management parcels located inside Antelope 
Island State Park, one parcel located adjacent to Fremont State 
Park, and several parcels within and adjacent to Wasatch 
Mountain State Park.
    Antelope Island State Park is located in the Great Salt 
Lake, northwest of Salt Lake City. Antelope Island State Park 
offers views of lake scenery, hiking, mountain biking, camping, 
horseback riding, swimming, beach walking, year-round 
interpretive experiences, and includes the historic Fielding 
Garr Ranch. The park provides habitat for free-ranging bison, 
mule deer, bighorn sheep, pronghorn (antelope), many other 
desert animals, and millions of birds.
    Fremont State Park is located in central Utah adjacent to 
the Castle Creek Rock Campground. The park includes Fremont 
Culture petroglyphs and pictographs, provides hiking and other 
outdoor recreational opportunities, and has developed 
campsites. During the construction of Interstate 70, the 
largest known Fremont Culture village was uncovered. The park 
museum preserves artifacts such as pottery, baskets, and 
arrowheads.
    Wasatch Mountain State Park is located southeast of Salt 
Lake City, near the city of Midway and offers camping, golfing, 
hiking, biking, ATV or horseback riding, skiing, snowshoeing, 
and snowmobiling opportunities.

                          LEGISLATIVE HISTORY

    S. 2136 was introduced by Senator Lee on June 22, 2023. The 
Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 2136 on July 12, 2023.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a majority 
voice vote of a quorum present, recommends that the Senate pass 
S. 2136, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2136, the committee adopted 
an amendment in the nature of a substitute that incorporates 
minor clarifying edits recommended by the Bureau of Land 
Management. The amendment adds language that if the Federal 
land to be conveyed to the State ceases to be used for public 
purposes, it will revert back to Federal ownership.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides the short title of the bill as the 
``Utah State Parks Adjustment Act.''

Section 2. Conveyance of certain Federal land to the State of Utah

    Subsection (a) conveys Federal land administered by the 
Bureau of Land Management as depicted on the referenced map to 
the State of Utah for inclusion in Antelope Island State Park, 
subject to valid existing rights, and no later than 180 days 
after the date of enactment of this Act.
    Subsection (b) conveys Federal land administered by the 
Bureau of Land Management land as depicted on the referenced 
map to the State of Utah for inclusion in Wasatch Mountain 
State Park, subject valid existing rights, and no later than 
180 days after the date of enactment of this Act.
    Subsection (c) conveys National Forest System land as 
identified on the referenced map to the State of Utah for 
inclusion in Fremont Indian State Park, subject to valid 
existing rights, and no later than 180 days after the date of 
enactment of this Act. It also reserves, as a condition of the 
transfer, easements to the conveyed land for Forest Service 
roads and trails that cross the conveyed land, and conveys 
certain water rights to the State as described in the 
subsection. The subsection also provides authority for the 
Secretary of Agriculture to identify the exact acreage and 
legal description of the land to be conveyed by a survey and 
requires the State to pay for survey costs. Finally, the 
subsection authorizes the Secretary of Agriculture to enter 
into agreements with the State for additional terms and 
conditions of the conveyance including for management and 
maintenance of the interpretive site, roads and trails, and the 
continued use of livestock grazing on the conveyed property.
    Subsection (d) authorizes the Secretary of the Interior and 
the Secretary of Agriculture to make minor modifications to the 
maps referenced in the bill.
    Subsection (e) requires the lands to be conveyed to be used 
for public purposes, including parks, campgrounds, recreation, 
and permitted livestock grazing, or otherwise revert back to 
Federal ownership.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 2136 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      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. 2136. 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. 2136, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2136, as ordered 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 of the United States Forest Service (USFS) 
and Bureau of Land Management (BLM) from the Subcommittee on 
Public Lands, Forests, and Mining on July 12, 2023, hearing on 
S. 2136, follows:

  Testimony of Chris French, Deputy Chief United States Department of 
Agriculture Forest Service Before the United States Senate Committee on 
Energy and Natural Resources Subcommittee on Public Lands, Forests, and 
                                 Mining


              s. 2136, ``utah state parks adjustment act''


    S. 2136 would convey several federal lands under different 
federal jurisdictions to various Utah State parks. The act 
would require the Secretary of Agriculture to convey 
approximately 272 acres of NFS lands in Sevier County, Utah.
    The parcel described by the Fremont Indian State Park 
Conveyance is managed by the Forest Service and includes a 
public campground, remnants of a historic guard station with an 
associated interpretive site, and an important entry point to a 
non-motorized historic trail, all of which are open to the 
public. The parcel also contains part of a grazing allotment 
under permit by the Fishlake National Forest and water rights 
held by the Forest Service that provides water to the 
campground, Forest Service pack stock, and potentially to 
livestock on the permitted allotment.
    The USDA has concerns with the Fremont Indian State Park 
Conveyance as described in S. 2136. These concerns relate to 
certain details for the proposed conveyance, including 
prescribed time frames and diligence, future access by the 
Forest Service for roads and trails easements, addressing 
current public uses, and procedures for resolving conflicts 
between the maps, acreage estimates and legal descriptions. 
USDA would like to work with the bill sponsors and the 
Committee to address specific concerns related to the 
conveyance to ensure continued public use and enjoyment of 
these lands.

     Statement of Thomas Heinlein, Assistant Director for National 
Conservation Lands & Community Partnerships, Bureau of Land Management, 
U.S. Department of the Interior, Senate Committee on Energy and Natural 
      Resources Subcommittee on Public Lands, Forests, and Mining


              s. 2136, ``utah state parks adjustment act''


    S. 2136 directs the Department to convey several small, 
isolated BLM-managed parcels (approximately 510 acres) within 
and around Antelope Island State Park and Wasatch Mountain 
State Park to the State of Utah at no cost. The legislation 
would consolidate land ownership within the two state parks, 
which would improve manageability, and dispose of isolated 
Federal parcels that are difficult to manage. The BLM supports 
the bill.
    The bill also proposes the conveyance of Federally owned 
parcels administered by the USFS at Fremont Indian State Park. 
The Department defers to the U.S. Department of Agriculture 
regarding provisions affecting the management of lands 
administered by the USFS.
Analysis
    The isolated Federal parcels within Antelope Island State 
Park total approximately 280 acres surrounded by the Great Salt 
Lake, and are inherently difficult to manage by the BLM due to 
location, small size, and lack of access. The isolated Federal 
parcels near Wasatch Mountain State Park are similarly 
difficult for BLM to manage due to location, small size, 
isolation from other public land, and lack of access. The 
Federal parcels within and around the Wasatch Mountain State 
Park were first identified as potentially suitable for disposal 
to the state, and inclusion into the Wasatch Mountain State 
Park, in the BLM's Park City Management Framework Plan issued 
in 1975. Most of these isolated parcels are only accessible 
through Wasatch Mountain State Park. The Wasatch Mountain State 
Park conveyance would add approximately 230 acres to the state 
park.
    The BLM welcomes the opportunity to work with the Sponsor 
to continue to define inholdings administered by the BLM for 
conveyance as proposed by the bill. The BLM is currently 
developing a supplemental survey plat to evaluate the complex 
mineral survey history of the area, develop accurate 
legislative maps, and ultimately execute the proposed transfer. 
Further, the BLM would like to work with the Sponsor to explore 
the potential transfer of additional nearby BLM-managed 
isolated parcels previously identified for disposal in BLM land 
use planning documents.
    The BLM regularly transfers public lands to local 
governments and nonprofits for a variety of public purposes. 
These transfers are typically accomplished under the provisions 
of the Recreation and Public Purposes (R&PP) Act or through 
direction from specific Acts of Congress. As a matter of 
policy, the BLM generally supports these legislative 
conveyances at no or low cost if the lands are appropriate for 
disposal and will be used for public purposes consistent with 
the R&PP Act.
    The BLM understands that the proposed management of the 
lands for conveyance to the State of Utah for inclusion in the 
state parks would be for public purposes. The BLM would 
appreciate the opportunity to work with the Sponsor on 
legislative language ensuring that the management of the lands 
conveyed is consistent with the standards of the R&PP Act and 
addresses the costs of the conveyance. Additionally, the BLM 
would like to work with the Sponsor on a few minor technical 
modifications to the bill, and notes that the lands proposed 
for conveyance would require a patent or quitclaim deed per 
regulation and policy.

                        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. 2136, as ordered 
reported.