99–010 

Calendar No. 140 

112TH CONGRESS REPORT " ! SENATE 1st Session 112–60 

BOX ELDER UTAH LAND CONVEYANCE ACT 

AUGUST 30 (legislative day, AUGUST 2), 2011.—Ordered to be printed 

Filed under authority of the order of the Senate of August 2, 2011 

Mr. BINGAMAN, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 683] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 683) to provide for the conveyance of certain 

parcels of land to the town of Mantua, Utah, having considered the 

same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. 

The amendments are as follows: 

1. On page 1, line 10, strike ‘‘July 14, 2008’’ and insert ‘‘June 23, 

2011’’. 

2. On page 2, strike lines 1 through 12 and insert the following: 

(2) NATIONAL FOREST SYSTEM LAND.—The term ‘‘National Forest System land’’ means the approximately 

31.5 acres of National Forest System land in Box 

Elder County, Utah, that is generally depicted on the 

map as parcels A, B, and C. 

3. On page 2, strike line 17 and insert the following: 

(b) CONVEYANCE.—On the request of the Town submitted to the Secretary by the date that is not later than 

1 year after the 

4. On page 2, strike line 22 and insert the following: 

(c) SURVEY; COSTS.— 

5. On page 3, strike lines 3 and 4 and insert the following: 

(2) COSTS.—The Town shall pay the reasonable survey and other administrative costs associated with the 

conveyance. 


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PURPOSE

The purpose of S. 683 is to provide for the conveyance of approximately 31.5 acres of Federal land administered by the Forest Service to the town of Mantua, Utah. 

BACKGROUND AND NEED

The town of Mantua, Utah, is a small town in Box Elder County 

in northern Utah. The town has a total area of about 5.6 square 

miles, about 8 acres of which is owned by the town and used for 

a cemetery (about 4 acres), park (about 2.5 acres), and municipal 

buildings. The Uinta-Wasatch-Cache National Forest borders a portion of Mantua, and it includes two peninsula-shaped parcels of 

land that are largely surrounded by private land near the cemetery 

and municipal buildings. The two parcels were donated by Box 

Elder County to the United States in 1940. The town would like 

to acquire the two parcels to add to the existing cemetery, to provide land for a new park, to erect new town offices, a court and law 

enforcement facilities, or to build a fire station. 

LEGISLATIVE HISTORY

S. 683 was introduced by Senator Lee on March 30, 2011. The 

Subcommittee on Public Lands and Forests held a hearing on S. 

683 on May 18, 2011 (S. Hrg. 112–39). At its business meeting on 

July 14, 2011, the Committee on Energy and Natural Resources ordered S. 683 favorably reported with amendments. In the 111th 

Congress, a similar bill (H.R. 601), passed the House of Representatives by a vote of 396–1 on February 23, 2009, and was reported 

by the Committee (S. Rept. 111–271), but the Senate took no further action on H.R. 601. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 14, 2011, by a voice vote of a quorum present, 

recommends that the Senate pass S. 683, if amended as described 

herein. 

COMMITTEE AMENDMENTS

During its consideration of S. 683, the Committee adopted 

amendments that clarify that the direction to the Secretary to convey the Federal land is contingent on the town submitting a prior 

request for the conveyance, that require the town to pay the administrative costs associated with the conveyance, and that make 

other technical and conforming changes to the bill. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides the short title for the bill. 

Section 2(a) provides the definitions for a number of terms used 

in the bill. 

Subsection (b) directs the Secretary of Agriculture to convey to 

the Town of Mantua, Utah, for no consideration, approximately 

31.5 acres of land within Uinta-Wasatch-Cache National Forest, as 

generally depicted on the referenced map. 


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Subsection (c) provides for a survey of the land, if necessary, paid 

for by the town along with other reasonable costs associated with 

the conveyance. 

Subsection (d) directs that the conveyed land be used only for 

public purposes. 

Subsection (e) provides for the land to revert to the Secretary, at 

the election of the Secretary, if the land is used for other than public purposes. 

Subsection (f) requires the conveyance to be subject to such additional terms and conditions as the Secretary may require. 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 683—Box Elder Utah Land Conveyance Act 

S. 683 would direct the Secretary of Agriculture to convey, without consideration, certain lands in Utah to the town of Mantua. 

Based on information from the Forest Service, CBO estimates that 

implementing the legislation would have no significant impact on 

the federal budget. Enacting S. 683 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Under the bill, the Secretary would be required to convey about 

32 acres of land within the Uinta-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. The affected lands do not currently generate offsetting receipts for the federal government and are not expected to generate such receipts over the next 10 years. Any costs 

associated with carrying out the conveyance would be paid by the 

town. 

S. 683 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. 

On July 27, 2011, CBO transmitted a cost estimate for H.R. 

1258, the Box Elder Utah Land Conveyance Act, as ordered reported by the House Committee on Natural Resources on July 20, 

2011. S. 683 and H.R. 1258 are similar, and the CBO cost estimates are the same. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT EVALUTION

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. 683. 

The Act 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. 683, as ordered reported. 


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CONGRESSIONALLY DIRECTED SPENDING

S. 683, 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 testimony provided by the Forest Service at the May 18, 

2011, hearing on S. 683 follows. 

STATEMENT OF MARY WAGNER, ASSOCIATE CHIEF, FOREST

SERVICE, DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Subcommittee, I am 

Mary Wagner, Associate Chief of the Forest Service. 

Thank you for the opportunity today to present the Department’s view on S. 683, legislation to provide for the 

conveyance of certain parcels of land in the Town of Mantua, Utah. 

S. 683 would direct the Secretary of Agriculture to convey, without consideration, to the Town of Mantua, Utah, 

all right, title and interest of the United States in approximately 31.5 acres of National Forest System (NFS) land in 

Box Elder County, Utah. This land is currently part of the 

Uinta-Wasatch-Cache National Forest. The 31.5 acres in 

question comprise three parcels identified in the bill as 

parcels A, B, and C as shown on the accompanying map. 

The parcels are encumbered with several outstanding 

rights in Brigham City, including three pipelines, a right 

to construct a pipeline, and use of four springs. 

The Department does not object to conveyance of this 

NFS land, but notes that these parcels have not been officially described; a federal survey would be required in advance of conveyance. Although the bill does require the 

Town to cover the Federal land survey costs associated 

with the conveyance, it does not clearly state who would 

be responsible for bearing other administrative costs. 

We believe that the Forest Service could meet the objectives of the bill administratively through either the Townsite Act of July 31, 1958 (16 U.S.C. 478a) or the Weeks Act 

of March 1, 1911 (16 U.S.C. 516) as supplemented by the 

Federal Land Policy and Management Act (FLPMA) of October 21, 1976 (P.L. 94–579, 90 Stat. 2743; 43 U.S.C. 1716; 

as amended). The Townsite Act authorizes communities to 

acquire up to 640 acres of NFS land in order to serve community objectives and requires payment to the United 

States of the market value of the federal land. The Weeks 

Act authorizes the exchange of NFS land for non-Federal 

land on the basis of equal value. 

It is long standing policy that the United States receive 

market value for the sale, exchange or use of NFS land. 

This policy is well established in law, including the Independent Offices Appropriation Act (31 U.S.C. 9701), section 102(9) of FLPMA, as well as numerous land exchange 

authorities. The parcels were acquired by donation from 

Box Elder County in 1941. They have value to the United 


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States for their potential to be used to facilitate future 

land exchanges. 

Mr. Chairman, regardless of the ultimate outcome of the 

congressional consideration of S. 683, the Forest Service is 

committed to working with the bill sponsors, the Town of 

Mantua, and the Committee, in hopes of assisting the 

Town. We would appreciate the opportunity to work with 

the Committee to address concerns with S. 683, including 

regarding the definition of public purpose and the revisionary language. 

Also, to avoid constitutional concerns, the Department of 

Justice recommends that the bill be revised to make absolutely clear that the town would have to agree to the proposed conveyance, which is what we understand Congress 

intends. This change might be accomplished by adding 

‘‘and subject to the Town’s agreement’’ after ‘‘the Secretary 

shall convey to the Town,’’ in section 2(b) of the bill. 

This concludes my statement and I would be happy to 

answer any questions you might have. 

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. 683, as ordered reported. 


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