[Senate Report 110-356]
[From the U.S. Government Publishing Office]
Calendar No. 788
110th Congress Report
SENATE
2d Session 110-356
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BOY SCOUTS OF AMERICA LAND TRANSFER ACT
_______
June 16, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 900]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 900) to authorize the Boy Scouts of
America to exchange certain land in the State of Utah acquired
under the Recreation and Public Purposes Act, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
The amendment is as follows:
On page 1, line 5, strike ``2006'' and insert ``2008''.
PURPOSE
The purpose of S. 900 is to authorize the Utah National
Parks Council of the Boy Scouts of America to exchange
approximately 120 acres of land in the State of Utah acquired
under the Recreation and Public Purposes Act for approximately
120 acres of land owned by the Brian Head Resort.
BACKGROUND AND NEED
S. 900 will allow the exchange of two small parcels of land
between the Utah National Parks Council of the Boy Scouts of
America (the Boy Scouts) and Brian Head Ski Resort. Each parcel
consists of approximately 120 acres.
More than thirty years ago, through four separate
Recreation and Public Purposes (R&PP) Act patents, the Bureau
of Land Management granted roughly 1,400 acres to the Boy
Scouts to establish a recreational area and campground. The
area is now known as Camp Thunder Ridge.
At the time the land was conveyed to the Boy Scouts, a
local rancher owned a parcel of land adjacent to the camp and
another parcel right in the middle of the camp. Several years
ago, the rancher transferred those lands to Brian Head Ski
Resort. The Boy Scouts would like to obtain these lands through
an exchange with the resort. However, under the R&PP patents,
the land cannot be transferred, exchanged, or sold. S. 900
would allow the lands to be conveyed through a land exchange.
Because Camp Thunder Ridge is located in a steep, rough,
mountainous area, the Boy Scouts would like to obtain some land
that is flat in order to make the camp's shooting area and
archery range safer. The land exchange also would allow for the
installation of much-needed septic tanks.
In addition, the resort is seeking to expand its operations
and has received preliminary approval from local officials. The
local planning commission, however, has required the resort to
build an emergency exit from its property. The only place to
build such a road is through land currently owned by the Boy
Scouts. The land exchange will allow Brian Head to construct
the access road.
S. 900 authorizes the land exchange and requires that the
land conveyed to the resort be subject to the terms and
conditions imposed on the entire tract in the original patent.
LEGISLATIVE HISTORY
S. 900 was introduced by Senators Hatch and Bennett on
March 15, 2007. The Committee on Energy and Natural Resources
ordered the bill favorably reported on May 7, 2008.
During the 109th Congress, Senators Hatch and Bennett
introduced similar legislation, S. 476, on March 1, 2005. The
Subcommittee on Public Lands and Forests held a hearing on S.
476 on March 8, 2005 (S. Hrg. 109-19). At the business meeting
on March 15, 2006, the Committee on Energy and Natural
Resources ordered S. 476 favorably reported with an amendment
in the nature of a substitute (S. Rpt. 109-231). On September
29, 2006, S. 476 passed the Senate by unanimous consent,
however, no further action was taken on the bill.
COMMITTEE RECOMMENDATION
The Committee on Energy and Natural Resources, in an open
business session on May 7, 2008, by a voice vote of a quorum
present, recommends that the Senate pass S. 900, if amended as
described herein.
COMMITTEE AMENDMENT
During consideration of S. 900, the Committee adopted a
technical amendment that changed the year in the short title of
the bill from 2006 to 2008.
SECTION-BY-SECTION ANALYSIS
Section 1 contains the short title.
Section 2 defines key terms used in the legislation.
Section 3(a) authorizes a land exchange between the Utah
National Parks Council of the Boy Scouts of America and Brian
Head Resort notwithstanding the Recreation and Public Purposes
Act. This subsection also states that the Secretary has
discretion to exercise the reversionary interests of the United
States upon conveyance of the parcel to Brian Head Resort.
Subsection (b) describes the lands to be exchanged.
Subsection (c) states that the lands conveyed to Brian Head
Resort shall be subject to the terms and conditions imposed on
the entire tract by the original patent.
Subsection (d) requires the Secretary, upon completion of
the exchange, to amend the original Bureau of Land Management
patent that conveyed the land to the Utah National Parks
Council of the Boy Scouts of America.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 900--Boy Scouts of America Land Transfer Act of 2008
S. 900 would authorize a Boy Scout council and a private
landowner to exchange two parcels of land in Utah, each of
which totals about 120 acres. The land currently held by the
Boy Scout council was originally obtained from the United
States under the Recreation and Public Purposes Act, which
granted the federal government a reversionary interest in the
property if it is ever sold, transferred, or exchanged. S. 900
would allow the proposed exchange to go forward and would
transfer the federal government's reversionary interest to the
new property to be obtained by the Boy Scouts.
Based on information provided by the Bureau of Land
Management, CBO estimates that implementing S. 900 would have
no effect on the federal budget. The bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would have no significant
impact on the budgets of state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 900. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 900, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 900, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The Subcommittee on Public Lands and Forests held a hearing
on a similar bill, S. 476, on March 8, 2005, during the 109th
Congress (S. Hrg. 109-19). The Administration's testimony on S.
476 is set forth below:
Statement of Christopher Kearney, Deputy Assistant Secretary for Policy
and International Affairs, Department of the Interior
Thank you for the opportunity to testify on S. 476, the Boy
Scouts of America Land Transfer Act of 2005, introduced by
Senator Hatch. The Department of the Interior has a limited
role in this legislation and the exchange it facilitates, but
does not oppose the legislation.
background
During the 1970s, the BLM patented nearly 1400 acres of
public land through four separate Recreation and Public
Purposes (R&PP) Act patents to the Utah National Parks Council
of the Boy Scouts of America for the purpose of establishing a
campground and recreational area for scouting programs. The
campground is now known as Camp Thunder Ridge. Among the
restrictions placed on the lands under the provisions of the
R&PP Act patents is a prohibition on the sale, transfer or
exchange of the lands. Absent this legislation, the Utah
National Parks Council of the Boy Scouts would not be able to
complete the proposed exchange.
s. 476
S. 476 provides for the exchange of lands between two
private parties, the Utah National Parks Council of the Boy
Scouts of America and Brian Head Resort. The legislation
mandates that the terms and conditions that apply to the
original Federal patent for the parcel of land to be exchanged
by the Boy Scouts shall be transferred to the parcel of land to
be acquired by the Boy Scouts. The bill further stipulates that
the lands are of approximately equal value.
Because the land which the Boy Scouts propose to exchange
with Brian Head Resort was patented by the Bureau of Land
Management (BLM) under the R&PP Act, the Federal government
retains a reversionary interest in the land if the terms and
conditions of the original patent are violated. As noted, the
legislation would transfer the terms and conditions contained
in the original patent to the new parcel of land, creating a
reversionary interest in those lands.
The lands proposed for exchange under this bill are in
southwestern Utah, near Cedar City in Iron County. It is our
understanding that the intent of both parties is to consolidate
their respective lands in order to allow for their more
efficient use.
Given that the Federal government's interest in this
legislation is limited to its reversionary interest, we support
the language applying the terms and conditions of the original
parcel to the parcel to be acquired. While the BLM does not
have independent knowledge of the value of the parcels proposed
for exchange, the legislation stipulates that these parcels are
of equal value. Ensuring that the parcels to be exchanged are
of equal value is critical to protecting the Federal
government's interest. Finally, we support the provision in
section 3(b)(2) of the bill that provide for Secretarial
discretion in the exercise of the Federal government's
reversionary interest. Given the potential risks or liabilities
that may exist with improvements or hazards on the property, we
strongly support this provision.
Thank you for the opportunity to testify, I will be happy
to answer any questions.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill, S. 900, as
ordered reported.