HR 3473 RFSSCommentsClose CommentsPermalink

March 5, 2008CommentsClose CommentsPermalink

Received; read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Bountiful City Land Consolidation Act'’. CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH.

(a) Land Exchange Authorized- If the City of Bountiful, Utah (in this section referred to as the `City'),In General- Subject to subsections (c) through (g), if 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 exchangee non-Federal land, the Secretary shall convey to the City 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 Federal land. CommentsClose CommentsPermalink





(b) Availability of Map- The value of the Federal and City lands to be exchanged shall bemap shall be on file and available for public inspection in the appropriate offices of the Forest Service. CommentsClose CommentsPermalink





(c) Valuation and Equalization- CommentsClose CommentsPermalink





(1) VALUATION- The value of the Federal land and the non-Federal land to be conveyed under subsection (a)-- CommentsClose CommentsPermalink





(A) shall be equal, as determined by an appraisalppraisals carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).(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.(c) Land Exchange Process; or CommentsClose CommentsPermalink





(B) if not equal, shall be equalized in accordance with paragraph (2). CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(A) making a cash equalization payment to the Secretary or to the City, as appropriate; or CommentsClose CommentsPermalink





(B) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. CommentsClose CommentsPermalink





(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 byunder subsection (a), except that the Secretary may accept a cash equalization payment in excess of 25 percent of the value of the Federal land. CommentsClose CommentsPermalink





(e) Conditions- CommentsClose CommentsPermalink





(1) LIABILITY- CommentsClose CommentsPermalink





(A) IN GENERAL- As a condition of the exchange under subsection (a), the Secretary shall-- CommentsClose CommentsPermalink





(i) require that the City-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(II) hold the United States harmless for any liability for the condition of the Federal land; and CommentsClose CommentsPermalink





(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)). CommentsClose CommentsPermalink





(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). CommentsClose CommentsPermalink





(d2) ADDITIONAL TERMS AND CONDITIONS- The land exchange under subsection (a) shall be subject to-- CommentsClose CommentsPermalink





(A) valid existing rights; and CommentsClose CommentsPermalink





(B) such additional terms and conditions as the Secretary may require. CommentsClose CommentsPermalink





(f) Management of Acquired Land- The landsnon-Federal land acquired by the Secretary under subsection (a) shall beadded to and administered as part of-- CommentsClose CommentsPermalink





(1) added to, and administered as part of, the Wasatch-Cache National Forest and managed; and CommentsClose CommentsPermalink





(2) managed by the Secretary in accordance with-- CommentsClose CommentsPermalink





(A) the Act of March 1, 1911 (commonly known as the Weeks Act; ‘Weeks Law’) (16 U.S.C. 480 et seq.) and the laws and regulations; and CommentsClose CommentsPermalink





(B) any laws (including regulations) applicable to the National Forest System. CommentsClose CommentsPermalink





(e) Bonneville Shoreline Trail and Otherg) Easements; Rights-of-Way- CommentsClose CommentsPermalink





(1) BONNEVILLE SHORELINE TRAIL EASEMENT- In making the land exchange authorized bycarrying 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. CommentsClose CommentsPermalink





The Secretary and the City (2) OTHER RIGHTS-OF-WAY- The Secretary and the City may reserve suchany other rights-of-way for utilities, roads, and trails as they may agree upon and which thethat-- CommentsClose CommentsPermalink





(A) are mutually agreed to by the Secretary and the City; and CommentsClose CommentsPermalink





(B) the Secretary and the City consider to be in the public interest. CommentsClose CommentsPermalink





(f) Treatmenth) Disposal of Remaining Federal Land- CommentsClose CommentsPermalink





(1) DISPOSAL AUTHORITY- In the case of anyIN GENERAL- The Secretary may, by sale or exchange, dispose of all, or a portion of, the parcel of National Forest System land identified for possible conveyancecomprising approximately 220 acres, as generally depicted on the map referred to inthat remains after the conveyance of the Federal land authorized under subsection (a) and not exchanged under such subsection, the Secretary may dispose of all, if the Secretary determines, in accordance with paragraph (2), that the land or a portion of the remaining land upon a determination by the Secretary,portion of the land is in excess of the needs of the National Forest System. CommentsClose CommentsPermalink





(2) REQUIREMENTS- A determination under paragraph (1) shall be made-- CommentsClose CommentsPermalink





(A) pursuant to an amendment of the land and resource management plan for the Wasatch-Cache National Forest and; and CommentsClose CommentsPermalink





(B) after carrying out 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.(2. CommentsClose CommentsPermalink





(3) CONSIDERATION- As consideration for any conveyance of land Federal land under this subsectionparagraph (1), the Secretary shall require payment of an amount equal to not less than the fair market value of the conveyed land.(3National Forest System land. CommentsClose CommentsPermalink





(4) RELATION TO OTHER LAWS- Any conveyance of land Federal land under this subsectionparagraph (1) by exchange shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). CommentsClose CommentsPermalink





(45) DISPOSITION OF PROCEEDS- FundAny amounts received by the Secretary as consideration under subsection (c) or paragraph (2) shall be deposited into3) shall be-- CommentsClose CommentsPermalink





(A) deposited in the fund established by underPublic Law 90-171 (commonly known as the Sisk Act; ‘Sisk Act’) (16 U.S.C. 484a). Funds so deposited shall remain under the control of the Secretary and be; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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 6) ADDITIONAL TERMS AND CONDITIONS- Any conveyance of Federal land under subsection (fparagraph (1) shall be subject to-- CommentsClose CommentsPermalink





(A) valid existing rights; and CommentsClose CommentsPermalink





(B) such additional terms and conditions as the Secretary may require. CommentsClose CommentsPermalink

Passed the House of Representatives March 4, 2008. Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk. Calendar No. 1023 CommentsClose CommentsPermalink