< Back to H.R. 3473 (110th Congress, 2007–2009)

Text of the Bountiful City Land Consolidation Act

This bill was introduced in a previous session of Congress and was passed by the House on March 4, 2008 but was never passed by the Senate. The text of the bill below is as of Sep 16, 2008 (Reported by Senate Committee).

Download PDF

Source: GPO

HR 3473 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,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Bountiful City Land Consolidation Act’. [<-Struck out]

[Struck out->] SEC. 2. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOREST, UTAH. [<-Struck out]

    [Struck out->] (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). [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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). [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

    [Struck out->] (f) Treatment of Remaining Federal Land- [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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. [<-Struck out]

      [Struck out->] (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). [<-Struck out]

      [Struck out->] (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. [<-Struck out]

    [Struck out->] (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. [<-Struck out]

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