[House Report 109-623]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-623
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UTAH RECREATIONAL LAND EXCHANGE ACT OF 2005
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September 6, 2006.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 2069]
The Committee on Resources, to whom was referred the bill
(H.R. 2069) to authorize the exchange of certain land in Grand
and Uintah Counties, Utah, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2069 is to authorize the exchange of
certain land in Grand and Uintah Counties, Utah, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
This legislation would direct the exchange of Bureau of
Land Management (BLM) lands for Utah state school trust lands
in Grand and Uintah Counties, Utah. The state school trust
lands to be conveyed into federal ownership are located in
areas with high recreational and scenic values, including the
Colorado River corridor, Nine Mile Canyon, and the Dinosaur
National Monument area. In return, Utah's school trust will
receive less-sensitive BLM lands in the Uintah Basin and Moab-
Green River areas that can be managed for the financial support
of Utah's public schools and for community economic
development. The exchange would involve the conveyance of
approximately 45,832 acres of State lands and minerals to BLM
in exchange for approximately 40,511 acres of federal lands and
minerals. State lands that would be conveyed to BLM include
lands in the Westwater Canyon of the Colorado River, portions
of the Kokopelli and Slickrock bike trails, the mineral estate
underlying Fisher Towers, the upper portion of Castle Valley,
Corona Arch, Morning Glory Arch, lands at the Sand Wash rafting
put-in on the Green River, and lands adjacent to Dinosaur
National Monument.
The intent of the legislation is to place valuable
recreation lands into public ownership while also benefitting
public school funding in Utah. The exchange will also continue
the process of consolidating State and federal ownership
patterns in Utah.
The proposed legislation requires the use of independent
third-party appraisals to establish equal valuation, and
provides for review and input from the Department of the
Interior's new appraisal directorate.
This bill will require an amendment when it is considered
by the full House of Representatives. At the time of the
Committee's markup, maps coinciding with needed changes to the
bill had not been completed. The amendment will include the
correct maps references as well as several changes negotiated
by the Resources Committee majority and minority staff and the
Department of the Interior.
COMMITTEE ACTION
H.R. 2069 was introduced on May 4, 2005, by Congressman
Chris Cannon (R-UT). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
Forest and Forest Health. On September 27, 2005, the
Subcommittee held a hearing on the bill. On June 21, 2006, the
Full Resources Committee met to consider the bill. The
Subcommittee was discharged from further consideration of the
bill by unanimous consent. No amendments were offered and the
bill was ordered favorably reported to the House of
Representatives by voice vote.
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 Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8, clause 3, and Article IV, section 3,
clause 2 of the Constitution of the United States grant
Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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. The Committee believes that
enactment of this bill would have little, if any, effect on the
federal budget. The value of the lands which are to be
exchanged are to be approximately equal under the terms of the
conveyance under the bill. The BLM will save some
administrative costs by consolidating its federal land holdings
within the State of Utah. The federal land affected by the
conveyance are not currently generating significant receipts to
the federal government. Any receipts from these federal lands
(most likely from grazing or mining) will transfer to the Utah
School and Institutional Trust Lands Administration and the
State of Utah. However, under current law, half of all mining
receipts from federal lands are already transferred to the
State in which the mining occurs. Existing federal mining
rights remain valid under the conveyance, but no new mining can
occur on the federal land conveyed to the State under the bill.
Existing grazing is specifically permitted to remain for the
term of the grazing lease, contract or permit. The State lands
to be conveyed under the bill do not currently generate
significant receipts but any income from these transferred
lands would flow to the federal treasury in accordance with
existing law.
2. 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.
3. General Performance Goals and Objective. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. 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 requested but not received a cost
estimate for this bill from the Director of the Congressional
Budget Office.
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.