[House Report 112-612]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-612
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Y MOUNTAIN ACCESS ENHANCEMENT ACT
_______
July 19, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4484]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4484) to provide for the conveyance of a small
parcel of National Forest System land in the Uinta-Wasatch-
Cache National Forest in Utah to Brigham Young University, and
for other purposes, 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 ``Y Mountain Access Enhancement Act''.
SEC. 2. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL FOREST, UTAH.
(a) Conveyance Required.--On the request of Brigham Young University
submitted to the Secretary of Agriculture not later than one year after
the date of the enactment of this Act, the Secretary shall convey, not
later than one year after receiving the request, to Brigham Young
University all right, title, and interest of the United States in and
to an approximately 80-acre parcel of National Forest System land in
the Uinta-Wasatch-Cache National Forest in the State of Utah consisting
of the SE\1/4\SE\1/4\ of Section 32, T. 6 S., R. 3 E., and Lot 4 of
Section 5, T. 7 S., R. 3 E., Salt Lake Base & Meridian. The conveyance
shall be subject to valid existing rights and shall be made by
quitclaim deed.
(b) Consideration.--
(1) Consideration required.--As consideration for the land
conveyed under subsection (a), Brigham Young University shall
pay to the Secretary an amount equal to the fair market value
of the land, as determined by an appraisal approved by the
Secretary and conducted in conformity with the Uniform
Appraisal Standards for Federal Land Acquisitions and section
206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716).
(2) Deposit.--The consideration received by the Secretary
under paragraph (1) shall be deposited in the general fund of
the Treasury to reduce the Federal deficit.
(c) Guaranteed Public Access to Y Mountain Trail.--After the
conveyance under subsection (a), Brigham Young University represents
that it will--
(1) continue to allow the same reasonable public access to
the trailhead and portion of the Y Mountain Trail already owned
by Brigham Young University as of the date of the enactment of
this Act that Brigham Young University has historically
allowed; and
(2) allow that same reasonable public access to the portion
of the Y Mountain Trail and the ``Y'' symbol located on the
land described in subsection (a).
(d) Survey and Administrative Costs.--The exact acreage and legal
description of the land to be conveyed under subsection (a) shall be
determined by a survey satisfactory to the Secretary. Brigham Young
University shall pay the reasonable costs of survey, appraisal, and any
administrative analyses required by law.
PURPOSE OF THE BILL
The purpose of H.R. 4484, as ordered reported, is to
provide for the conveyance of a small parcel of National Forest
System land in the Uinta-Wasatch-Cache National Forest in Utah
to Brigham Young University.
BACKGROUND AND NEED FOR LEGISLATION
Y Mountain is the location of the familiar white block
``Y'' in Provo, Utah, overlooking Utah Valley and the Brigham
Young University campus. The Y was constructed in 1906 and has
been part of the Provo landscape ever since.
Currently, the University owns and maintains the trailhead
and much of the trail leading up to the 380-foot tall by 130-
foot wide landmark. The remaining property is owned by the U.S.
Forest Service, but is used by the University under a permit
that has typically been renewed every 10 years. The University
seeks to guarantee its ability to maintain the Y and
surrounding grounds without the risk of losing the right
through the permitting process. To that end, H.R. 4484 requires
the Secretary of Agriculture to convey, at fair market value,
approximately 80 acres of the Uinta-Wasatch-Cache National
Forest, in Provo, Utah, to Brigham Young University for fair
market value. Additionally, the legislation requires the
university to continue to allow public access to the Y as it
has for decades.
During Full Committee consideration of H.R. 4484, the
Committee adopted an amendment offered by Congressman Rob
Bishop (R-UT) to correct the legal description of the property.
COMMITTEE ACTION
H.R. 4484 was introduced on April 24, 2012, by Congressman
Jason Chaffetz (R-UT). The bill was referred to the House
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
June 28, 2012, the Subcommittee on National Parks, Forests and
Public Lands held a hearing on the bill. On July 11, 2012, the
Full Resources Committee met to consider the bill. The
Subcommittee on National Parks, Forests and Public Lands was
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered amendment designated #1 to the bill; the amendment was
adopted by unanimous consent. The bill, as amended, was then
adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
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
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 4484--Y Mountain Access Enhancement Act
H.R. 4484 would require the Secretary of Agriculture to
sell, for fair market value, about 80 acres of federal land
located in Utah to Brigham Young University. Based on
information about the value of similar lands in northern Utah,
CBO estimates that enacting the legislation would increase
offsetting receipts (a credit against direct spending) by less
than $500,000 in 2013; therefore, pay-as-you-go procedures
apply. Because the bill would require the university to cover
any administrative costs associated with the conveyance, CBO
estimates that implementing the bill would not affect
discretionary spending. Enacting H.R. 4484 would not affect
revenues.
H.R. 4484 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information about the value of similar lands in northern Utah,
CBO estimates that enacting the legislation would increase
offsetting receipts (a credit against direct spending) by less
than $500,000 in 2013; therefore, pay-as-you-go procedures
apply. Because the bill would require the university to cover
any administrative costs associated with the conveyance, CBO
estimates that implementing the bill would not affect
discretionary spending.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to provide for
the conveyance of a small parcel of National Forest System land
in the Uinta-Wasatch-Cache National Forest in Utah to Brigham
Young University.
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.
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 in existing
law.