[House Report 110-790]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-790
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BOX ELDER UTAH LAND CONVEYANCE ACT
_______
July 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3849]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3849) to provide for the conveyance of parcels
of land to Mantua, Box Elder County, Utah, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Box Elder Utah Land Conveyance Act''.
SEC. 2. CONVEYANCE OF CERTAIN LANDS TO MANTUA, BOX ELDER, UTAH.
(a) Conveyance Required.--The Secretary of Agriculture shall convey,
without consideration, to the town of Mantua, Utah (in this section
referred to as the ``town''), all right, title, and interest of the
United States in and to parcels of National Forest System land in the
Wasatch-Cache National Forest in Box Elder County, Utah, consisting of
approximately 31.5 acres within section 27, township 9 north, range 1
west, Salt Lake meridian and labeled as parcels A, B, and C on the map
entitled ``Box Elder Utah Land Conveyance Act'' and dated July 14,
2008.
(b) Survey.--If necessary, the exact acreage and legal description of
the lands to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary. The cost of the survey shall be
borne by the town.
(c) Use of Land.--As a condition of the conveyance under subsection
(a), the town shall use the land conveyed under such subsection for
public purposes.
(d) Reversionary Interest.--In the quitclaim deed to the town
prepared as part of the conveyance under subsection (a), the Secretary
shall provide that the land conveyed to the town under such subsection
shall revert to the Secretary, at the election of the Secretary, if the
land is used for other than public purposes.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance
authorized under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
PURPOSE OF THE BILL
The purpose of H.R. 3849 is to provide for the conveyance
of parcels of land to Mantua, Box Elder County, Utah.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3849 requires the Secretary of Agriculture to convey
without consideration approximately 31.5 acres of National
Forest System land in the Wasatch-Cache National Forest in Utah
to the town of Mantua, Utah.
The conveyed land will be used by the town to develop a new
city cemetery, a new town hall and fire station, an elementary
school, court and law enforcement facilities, and a memorial
park.
COMMITTEE ACTION
H.R. 3849 was introduced on October 16, 2007 by Rep. Rob
Bishop (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on National Parks, Forests and Public Lands. On July 10, 2008,
the Subcommittee held a hearing on the bill during which the
Forest Service testified in opposition to the bill because it
does not require compensation.
The Subcommittee was discharged from further consideration
of H.R. 3849 on July 16, 2008 and the Full Committee on Natural
Resources met to mark up the bill. Subcommittee Ranking Member
Bishop offered an amendment in the nature of a substitute
requiring that as a condition of the conveyance without
consideration, the city shall use the land for public purposes
only and the land shall revert to the Secretary if used for
another purpose. It was adopted by unanimous consent. The bill,
as amended, was then ordered favorably reported to the House of
Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be cited as the ``Box
Elder Utah Land Conveyance Act''.
Section 2. Conveyance of certain lands to Mantua, Box Elder, Utah
Section 2(a) requires the Secretary of Agriculture to
convey to the town of Mantua, Utah, 31.5 acres of National
Forest System lands in the Wasatch-Cache National Forest
without consideration.
Section 2(b) of the bill states that if necessary, the
exact acreage and legal description of the lands shall be
determined by a survey satisfactory to the Secretary, and paid
for by the town of Mantua.
Section 2(c) requires that as a condition of the land
conveyance, the town shall use the land conveyed for public
purposes.
Section 2(d) requires that in the quitclaim deed to the
town prepared as part of the conveyance, the Secretary shall
provide that the land conveyed shall revert to the Secretary,
at the election of the Secretary, if the land is used for other
than public purposes.
Section 2(e) states that the Secretary may requires such
additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants 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. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
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 Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the conveyance of
parcels of land to Mantua, Box Elder County, Utah.
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 received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3849--Box Elder Utah Land Conveyance Act
H.R. 3849 would direct the Secretary of Agriculture to
convey, without consideration, about 32 acres of land within
the Wasatch-Cache National Forest to Mantua, Utah. The conveyed
land could be used by the town for public purposes only and
would revert to the federal government if used for other
purposes.
Based on information from the Forest Service, CBO estimates
that implementing H.R. 3849 would have no significant effect on
discretionary spending and no effect on direct spending or
revenues.
H.R. 3849 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Tyler Kruzich.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3849 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.