[Senate Report 118-75]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 159
118th Congress     }                                      {     Report
                                 SENATE
 1st Session       }                                      {     118-75

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       UNIVERSITY OF UTAH RECREATION AND PUBLIC PURPOSE ACT USES

                                _______
                                

                 July 25, 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. 1260]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1260), to release the reversionary 
interest of the United States in certain non-Federal land in 
Salt Lake City, Utah, and for other purposes, having considered 
the same, reports favorably thereon with an amendment and an 
amendment to the title and recommends that the bill, as 
amended, do pass.

                               AMENDMENTS

    1. Strike section 2 and insert the following:

SEC. 2. CONFIRMATION OF USE OF CERTAIN NON-FEDERAL LAND IN SALT LAKE 
                    CITY, UTAH, FOR VALID PUBLIC PURPOSES.

    (a) Confirmation of Uses.--
          (1) In general.--The use by the University of Utah of 
        the land described in subsection (b) as a University 
        research park, as approved by the letter from the 
        Secretary of the Interior to the University of Utah 
        dated December 10, 1970, and any modifications of the 
        approved plan of development and management approved by 
        the Department of the Interior prior to the date of 
        enactment of this Act, is confirmed as a valid public 
        purpose consistent with the requirements of the Act of 
        June 14, 1926 (commonly known as the ``Recreation and 
        Public Purposes Act'') (44 Stat. 741, chapter 578; 43 
        U.S.C. 7 869 et seq.), subject to the terms and 
        conditions included in the letter and approvals.
          (2) Other uses.--Any other uses of the land described 
        in subsection (b) by the University of Utah that are 
        consistent with use as a University research park and 
        related university purposes (including development of 
        student housing and a transit hub) are confirmed as 
        valid public purposes consistent with the requirements 
        of the Act of June 14, 1926 (commonly known as the 
        ``Recreation and Public Purposes Act'') (44 Stat. 741, 
        chapter 578; 43 U.S.C. 869 et seq.), subject to the 
        terms and conditions referred to in paragraph (1).
    (b) Description of Non-Federal Land.--The land referred to 
in subsection (a) is the approximately 593.54 acres of land 
conveyed to the University of Utah under the Act of June 14, 
1926 (commonly known as the ``Recreation and Public Purposes 
Act'') (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), by 
patent numbered 43-99-0012 and dated October 18, 1968, and more 
particularly described as tracts D (excluding parcels numbered 
1, 2, 3, 4, and 5), G, and J, T. 1 S., R. 1 E., Salt Lake 
Meridian.
    2. Amend the title so as to read: ``A bill to confirm the 
use of certain non-Federal land in Salt Lake City, Utah, for 
public purposes, and for other purposes.''.

                                PURPOSE

    The purpose of S. 1260, as ordered reported, is to confirm 
the use by the University of Utah of the 593-acre parcel of 
land in Salt Lake City, Utah, as a University Research Park and 
related university purposes.

                          BACKGROUND AND NEED

    The Recreation and Public Purposes Act (R&PP Act) 
authorizes the Secretary of the Interior to convey up to 640 
acres of public land to a State, local government, or State 
instrumentality for public purposes. (43 U.S.C. 869 et seq.). 
Although the Act does not define the term ``public purpose,'' 
the Department of the Interior's regulations implementing the 
Act say that it ``means for the purpose of providing facilities 
or services for the benefit of the public in connection with . 
. . public health, safety or welfare.'' The lands can be used 
for commercial or residential purposes only if the use is 
``necessary for and integral to,'' and an ``essential part 
of,'' the public purpose. (43 C.F.R. 2740.0-5(d)).
    The grantee must show ``that the land will be used for an 
established or definitely proposed project'' before the land 
can be conveyed under the R&PP Act. (43 U.S.C. 869). The 
grantee ``may not change the use specified in the conveyance to 
another or additional use except, with the consent of the 
Secretary'' for other public purposes. ``If at any time after 
the lands are conveyed by the Government, the lands are devoted 
to a use other than that for which the lands were conveyed, 
without the consent of the Secretary, title to the lands shall 
revert to the United States.'' (43 U.S.C. 869-2).
    The Secretary of the Interior conveyed 593 acres of public 
land to the University of Utah under the R&PP Act in 1968. The 
patent states that the land was conveyed ``for purposes of 
academic expansion of the University of Utah, for an arboretum, 
and for highway and utility rights-of-way to serve those 
purposes.'' More specifically, the patent required the 
University to ``comply with the provisions of [an] approved 
management plan of development and management,'' filed with the 
Bureau of Land Management in 1968, ``or with any revision 
approved by the Secretary. . . .''
    The patent further stated that it was ``issued under the 
provision that, if . . . the lands are devoted to a use other 
than that for which the lands were conveyed, without the 
consent of the Secretary of the Interior or his delegate, title 
shall revert to the United States.'' Alternatively, the patent 
provided that, instead of forfeiting title, the University 
could ``pay the United States an amount equal to the difference 
between the price paid for the land,'' which was $2.50 per 
acre, ``and 50 percent of the fair market value of the patented 
lands'' in 1968 plus interest.
    The University of Utah established and is currently 
operating an academic research park on a large portion of the 
patented lands. Although the patent does not specifically 
mention a research park, the University's application for the 
land and the management plan approved in 1968 ``show that a 
research park was one of the uses intended by the University.'' 
The Acting Secretary of the Interior, Fred Russell, 
acknowledged ``that the Department has been fully cognizant of 
the intended use of the land for research park purposes'' in a 
letter to the University in December 1970. The Acting Secretary 
plainly stated that ``the Department approved the University's 
development plan and therefore approved such use,'' and ``in 
effect, incorporates'' the research park, in effect, by 
reference. He also found ``that use of the land for a Research 
Park is a valid public purpose. . . .''
    ``Thus,'' the Acting Secretary concluded, ``we see no 
problem with use of the land for the Research Park, provided 
that such use is in conformity with the development plan. 
Whether any particular phase of development conforms to that 
plan is a matter for separate consideration.'' In other words, 
while the Department of the Interior approved use of the 
patented lands for the research park more than 50 years ago, it 
reserved for ``separate consideration'' whether future phases 
of development would conform to the approved development plan.
    For over 50 years, the University of Utah has built and 
operated the research park in the belief that it is in 
compliance with the terms of the land conveyance. Recently, 
however, the Bureau of Land Management has raised concerns that 
activities previously authorized by the Bureau including use of 
the land for a research park, and some proposed updates to the 
development plan desired by the University, may not be allowed 
under the R&PP Act.
    As ordered reported, S. 1260 confirms as valid R&PP Act 
public purposes the use of the conveyed land as a university 
research park, as approved by the Secretary of the Interior and 
any modifications of the approved plan approved by the 
Department of the Interior prior to the date of enactment of 
this Act.
    Enactment of S. 1260 removes legal uncertainty for the 
University of Utah in managing the property consistent with 
previous Department of the Interior approvals.

                          LEGISLATIVE HISTORY

    S. 1260 was introduced by Senators Lee and Romney on April 
25, 2023. Similar legislation, S. 3370, was introduced in the 
117th Congress by Senators Lee and Romney on December 9, 2021. 
The Subcommittee on Public Lands, Forests, and Mining held a 
hearing on S. 3370 on June 7, 2022. The Committee ordered S. 
3370 reported favorably without amendment on July 21, 2022 (S. 
Rept. 117-284). Representative Stewart introduced a companion 
measure in the House of Representatives, H.R. 6240. The House 
Natural Resources Subcommittee on National Parks, Forests, and 
Mining held a hearing on H.R. 6240 on June 23, 2022. No further 
action was taken on either bill.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on May 17, 2023, by a majority voice vote 
of a quorum present, recommends that the Senate pass S. 1260, 
if amended as described herein.

                          COMMITTEE AMENDMENTS

    During its consideration of S. 1260, the committee adopted 
an amendment that substitutes new language for section 2 of the 
bill. The amendment confirms the use of the land conveyed to 
the University of Utah as a university research park, as 
approved by a December 10, 1970 letter from the Secretary of 
the Interior to the University, along with any modification of 
the approved management and development plan for the research 
park which have been approved by the Department of the Interior 
prior to the date of enactment of this Act.
    The amendment also confirms other uses of the land by the 
University which are consistent with its use as a university 
research park and related university purposes as valid public 
purposes consistent with the requirements of the R&PP Act.
    The amendment language is in lieu of language in S. 1260 as 
introduced which would have released the R&PP reversionary 
interest to the University without consideration.
    The committee also adopted an amendment to the title to 
reflect the purpose of the bill as ordered reported.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 contains the short title, the University of Utah 
Research Park Act.

Section 2. Confirmation of use of certain non-federal land in Salt Lake 
        City, Utah, for valid public purposes

    Section 2(a)(1) confirms as valid public purposes 
consistent with the requirements of the Recreation and Public 
Purposes Act (43 U.S.C. 869 et seq.) the use by the University 
of Utah of approximately 593.54 acres of land located in Salt 
Lake, Utah as a university research park, as approved by a 
letter from the Secretary of the Interior to the University of 
Utah dated December 10, 1970, and any modifications of the 
approved plan of development and management for the land which 
were approved by the Department of the Interior prior to the 
date of enactment of this Act.
    Paragraph (2) confirms any other uses of the land that are 
consistent with use as a university research park and related 
university purposes (including development of student housing 
and a transit hub) as valid public purposes consistent with the 
requirements of the R&PP Act.
    Subsection (b) more specifically describes the 
approximately 593.54 acres of land conveyed in 1968 by the 
Department of the Interior to the University of Utah under the 
R&PP Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 1260 
as ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.
    On November 21, 2022, the Congressional Budget Office 
provided a table entitled ``Summary Estimates of Legislation 
Ordered Reported'' by the Committee during the 117th Congress. 
The table included a cost estimate for similar legislation in 
the 117th Congress, S. 3370. The table is posted 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. 1260. 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. 1260, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1260, 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 provided by the Department of the Interior at 
the June 7, 2022, hearing on S. 3370, hearing on S. 3873, 
similar legislation that was filed during the 117th Congress, 
follows:

  Statement of Nada Wolff Culver, Deputy Director, Policy & Programs 
       Bureau of Land Management, U.S. Department of the Interior

    S. 3370, the University of Utah Research Park Act, would 
release, without consideration, the Federal government's 
reversionary interest in a 593-acre parcel conveyed by patent 
to the University of Utah (University) under the R&PP Act.


                                analysis


    The BLM regularly transfers public land to local 
governments and nonprofits for a variety of public purposes. 
These transfers are typically accomplished under the provisions 
of the R&PP Act or through direction supplied through specific 
Acts of Congress. The R&PP Act is a statute frequently used by 
the BLM to help States, local communities, and nonprofit 
organizations obtain lands--at no or low cost--for important 
public purposes such as parks, schools, hospitals and other 
health facilities, fire and law enforcement facilities, 
courthouses, social services facilities, and public works.
    Because these public purpose lands are conveyed at far 
below market value, R&PP Act conveyances and many similar 
legislated conveyances include a reversionary clause requiring 
that lands be used for public purposes or revert to the Federal 
government. Over the years, the BLM has consistently required 
the payment of fair market value for the reversionary interest, 
in accordance with FLPMA requirements for disposal of lands or 
interests in land.
    In the 1930s, the U.S. Department of the Army 
decommissioned Fort Douglas near Salt Lake City, Utah, and 
transferred ownership of this property to the Department. On 
October 18, 1968, the BLM issued to the University a R&PP 
patent, numbered 43-99-0012, ``for purposes of academic 
expansion of the University of Utah, in Salt Lake City Utah, 
for an arboretum, and for highway and utility rights-of-way to 
serve those purposes.'' Today, the lands identified in S. 
3370--commonly referred to as ``Research Park''--contains a 
complex of technology, education, and medical buildings, among 
other uses. Over the years, the University has approached the 
BLM to request additional uses on the property, which in some 
cases were for uses not allowed under the R&PP Act.
    FLPMA, which is the authority under which the BLM generally 
disposes of public land or interests without limit, requires 
receipt of fair market value for public lands or interests 
transferred out of public ownership. This serves to ensure that 
taxpayers are fairly compensated for the conveyance of public 
lands or interests out of Federal ownership. The BLM supports 
the bill's goal of conveying the reversionary interest in this 
parcel to the University. As with previous such proposals, we 
recommend amending S. 3370 to ensure the payment of fair market 
value for the reversionary interest. However, the Department 
recognizes that there may be circumstances, as determined by 
Congress, in which the public benefits of a proposed transfer 
outweigh financial considerations.

                        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. 1260 as ordered 
reported.

                                  [all]