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[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

                                _______
                                

 September 6, 2006.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  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.

                                  
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