[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 604 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 604
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 16, 2009
Mr. Bishop of Utah introduced the following bill; which was referred to
the Committee on Natural Resources, and in addition to the Committees
on Energy and Commerce and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
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,
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 of Bountiful, Utah, conveys to the Secretary of Agriculture 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 of 1980 (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.
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