[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3473 Reported in Senate (RS)]
Calendar No. 1023
110th CONGRESS
2d Session
H. R. 3473
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
To provide for a land exchange with the City of Bountiful, Utah,
involving National Forest System land in the Wasatch-Cache National
Forest and to further land ownership consolidation in that national
forest, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Bountiful City Land
Consolidation Act''.</DELETED>
<DELETED>SEC. 2. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST,
UTAH.</DELETED>
<DELETED> (a) Land Exchange Authorized.--If the City of Bountiful,
Utah (in this section referred to as the ``City''), conveys to the
Secretary of Agriculture all right, title, and interest of the City in
and to three parcels of land consisting of a total of approximately
1,680 acres identified on the map entitled ``Bountiful City Land
Consolidation Act'', the Secretary may convey to the City in exchange
all right, title, and interest of the United States in and to such
quantity of National Forest System land located in the Wasatch-Cache
National Forest in Township 2, North, Range 1 East, Salt Lake Meridian,
and identified for possible conveyance on the map such that the value
of the land acquired by the Secretary is equal to the value of the
Federal land conveyed. The value of the Federal and City lands to be
exchanged shall be determined by an appraisal carried out in accordance
with section 206 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716).</DELETED>
<DELETED> (b) Availability of Map.--The map referred to in
subsection (a) shall be on file and available for public inspection in
the Office of the Chief of the Forest Service.</DELETED>
<DELETED> (c) Land Exchange Process.--Section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to
the land exchange authorized by subsection (a).</DELETED>
<DELETED> (d) Management of Acquired Land.--The lands acquired by
the Secretary under subsection (a) shall be added to and administered
as part of the Wasatch-Cache National Forest and managed in accordance
with the Act of March 1, 1911 (commonly known as the Weeks Act; 16
U.S.C. 480 et seq.) and the laws and regulations applicable to the
National Forest System.</DELETED>
<DELETED> (e) Bonneville Shoreline Trail and Other Rights-of-Way.--
In making the land exchange authorized by subsection (a), the Secretary
shall ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail. The Secretary and the City
may reserve such other rights-of-way for utilities, roads, and trails
as they may agree upon and which they consider to be in the public
interest.</DELETED>
<DELETED> (f) Treatment of Remaining Federal Land.--</DELETED>
<DELETED> (1) Disposal authority.--In the case of any
National Forest System land identified for possible conveyance
on the map referred to in subsection (a) and not exchanged
under such subsection, the Secretary may dispose of all or a
portion of the remaining land upon a determination by the
Secretary, pursuant to an amendment of the land and resource
management plan for Wasatch-Cache National Forest and a public
process consistent with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), that the land or portion
thereof is in excess to the needs of the National Forest
System.</DELETED>
<DELETED> (2) Consideration.--As consideration for any
conveyance of land under this subsection, the Secretary shall
require an amount equal to not less than the fair market value
of the conveyed land.</DELETED>
<DELETED> (3) Relation to other laws.--Any conveyance of
land under this subsection by exchange shall be subject to
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716).</DELETED>
<DELETED> (4) Disposition of proceeds.--Funds received by
the Secretary as consideration under paragraph (2) shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). Funds so
deposited shall remain under the control of the Secretary and
be available to the Secretary, without further appropriation
and until expended, for the acquisition of land or interests in
land to be included in the Wasatch-Cache National
Forest.</DELETED>
<DELETED> (g) Additional Terms and Conditions.--The land exchange
under subsection (a) shall be subject to such additional terms and
conditions as the Secretary and the City may agree upon, and any
conveyance under subsection (f) shall be subject to such additional
terms and conditions as the Secretary may require.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bountiful City Land Consolidation
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the City of Bountiful,
Utah.
(2) Federal land.--The term ``Federal land'' means the land
under the jurisdiction of the Secretary identified on the map
as ``Shooting Range Special Use Permit Area''.
(3) Map.--The term ``map'' means the map entitled
``Bountiful City Land Consolidation Act'' and dated October 15,
2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the 3 parcels of City land comprising a total of approximately
1,680 acres, as generally depicted on the map.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) In General.--Subject to subsections (c) through (g), if the
City conveys to the Secretary all right, title, and interest of the
City in and to the non-Federal land, the Secretary shall convey to the
City all right, title, and interest of the United States in and to the
Federal land.
(b) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Forest Service.
(c) Valuation and Equalization.--
(1) Valuation.--The value of the Federal land and the non-
Federal land to be conveyed under subsection (a)--
(A) shall be equal, as determined by appraisals
carried out in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716); or
(B) if not equal, shall be equalized in accordance
with paragraph (2).
(2) Equalization.--If the value of the Federal land and the
non-Federal land to be conveyed in a land exchange under this
section is not equal, the value may be equalized by--
(A) making a cash equalization payment to the
Secretary or to the City, as appropriate; or
(B) reducing the acreage of the Federal land or the
non-Federal land to be exchanged, as appropriate.
(d) Applicable Law.--Section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) shall apply to the land
exchange authorized under subsection (a), except that the Secretary may
accept a cash equalization payment in excess of 25 percent of the value
of the Federal land.
(e) Conditions.--
(1) Liability.--
(A) In general.--As a condition of the exchange
under subsection (a), the Secretary shall--
(i) require that the City--
(I) assume all liability for the
shooting range located on the Federal
land, including the past, present, and
future condition of the Federal land;
and
(II) hold the United States
harmless for any liability for the
condition of the Federal land; and
(ii) comply with the hazardous substances
disclosure requirements of section 120(h) of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)).
(B) Limitation.--Clauses (ii) and (iii) of section
120(h)(3)(A) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C.
9620(h)(3)(A)) shall not apply to the conveyance of
Federal land under subsection (a).
(2) Additional terms and conditions.--The land exchange
under subsection (a) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
(f) Management of Acquired Land.--The non-Federal land acquired by
the Secretary under subsection (a) shall be--
(1) added to, and administered as part of, the Wasatch-
Cache National Forest; and
(2) managed by the Secretary in accordance with--
(A) the Act of March 1, 1911 (commonly known as the
``Weeks Law'') (16 U.S.C. 480 et seq.); and
(B) any laws (including regulations) applicable to
the National Forest System.
(g) Easements; Rights-of-Way.--
(1) Bonneville shoreline trail easement.--In carrying out
the land exchange under subsection (a), the Secretary shall
ensure that an easement not less than 60 feet in width is
reserved for the Bonneville Shoreline Trail.
(2) Other rights-of-way.--The Secretary and the City may
reserve any other rights-of-way for utilities, roads, and
trails that--
(A) are mutually agreed to by the Secretary and the
City; and
(B) the Secretary and the City consider to be in
the public interest.
(h) Disposal of Remaining Federal Land.--
(1) In general.--The Secretary may, by sale or exchange,
dispose of all, or a portion of, the parcel of National Forest
System land comprising approximately 220 acres, as generally
depicted on the map that remains after the conveyance of the
Federal land authorized under subsection (a), if the Secretary
determines, in accordance with paragraph (2), that the land or
portion of the land is in excess of the needs of the National
Forest System.
(2) Requirements.--A determination under paragraph (1)
shall be made--
(A) pursuant to an amendment of the land and
resource management plan for the Wasatch-Cache National
Forest; and
(B) after carrying out a public process consistent
with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) Consideration.--As consideration for any conveyance of
Federal land under paragraph (1), the Secretary shall require
payment of an amount equal to not less than the fair market
value of the conveyed National Forest System land.
(4) Relation to other laws.--Any conveyance of Federal land
under paragraph (1) by exchange shall be subject to section 206
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(5) Disposition of proceeds.--Any amounts received by the
Secretary as consideration under subsection (c) or paragraph
(3) shall be--
(A) deposited in the fund established under Public
Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a); and
(B) available to the Secretary, without further
appropriation and until expended, for the acquisition
of land or interests in land to be included in the
Wasatch-Cache National Forest.
(6) Additional terms and conditions.--Any conveyance of
Federal land under paragraph (1) shall be subject to--
(A) valid existing rights; and
(B) such additional terms and conditions as the
Secretary may require.
Calendar No. 1023
110th CONGRESS
2d Session
H. R. 3473
_______________________________________________________________________
AN ACT
To provide for a land exchange with the City of Bountiful, Utah,
involving National Forest System land in the Wasatch-Cache National
Forest and to further land ownership consolidation in that national
forest, and for other purposes.
_______________________________________________________________________
September 16, 2008
Reported with an amendment