II

Calendar No. 445

107TH CONGRESS

2D SESSION S. 1240

[Report No. 107–178]

To provide for the acquisition of land and construction of an interagency

administrative and visitor facility at the entrance to American Fork

Canyon, Utah, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 25, 2001

Mr. BENNETT introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

JUNE 25, 2002

Reported by Mr. BINGAMAN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To provide for the acquisition of land and construction of

an interagency administrative and visitor facility at the

entrance to American Fork Canyon, Utah, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1240 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Timpanogos Inter3 agency Land Exchange Act of 2001’’.

4 SEC. 2. FINDINGS.

5 (a) FINDINGS.—Congress finds that—

6 (1) the facility that houses the administrative

7 office of the Pleasant Grove Ranger District of the

8 Uinta National Forest can no longer properly serve

9 the purpose of the facility;

10 (2) a fire destroyed the Timpanogos Cave Na11 tional Monument Visitor Center and administrative

12 office in 1991, and the temporary structure that is

13 used for a visitor center cannot adequately serve the

14 public; and

15 (3) combining the administrative office of the

16 Pleasant Grove Ranger District with a new

17 Timpanogos Cave National Monument visitor center

18 and administrative office in 1 facility would—

19 (A) facilitate interagency coordination;

20 (B) serve the public better; and

21 (C) improve cost effectiveness.

22 (b) PURPOSES.—The purposes of this Act are—

23 (1) to authorize the Secretary of Agriculture to

24 acquire by exchange non-Federal land located in

25 Highland, Utah as the site for an interagency ad26 ministrative and visitor facility;
3

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1 (2) to direct the Secretary of the Interior to

2 construct an administrative and visitor facility on

3 the non-Federal land acquired by the Secretary of

4 Agriculture; and

5 (3) to direct the Secretary of Agriculture and

6 the Secretary of the Interior to cooperate in the de7 velopment, construction, operation, and maintenance

8 of the facility.

9 SEC. 3. DEFINITIONS.

10 In this Act:

11 (1) FACILITY.—The term ‘‘facility’’ means the

12 facility constructed under section 7 to house—

13 (A) the administrative office of the Pleas14 ant Grove Ranger District of the Uinta Na15 tional Forest; and

16 (B) the visitor center and administrative

17 office of the Timpanogos Cave National Monu18 ment.

19 (2) FEDERAL LAND.—The term ‘‘Federal land’’

20 means the parcels of land and improvements to the

21 land in the Salt Lake Meridian comprising—

22 (A) approximately 237 acres located in T.

5 S., R. 3 E., sec. 13, lot 1, SW1⁄4, NE1⁄4, E1 23 ⁄2,

NW1⁄4 and E1⁄2, SW1 24 ⁄4, as depicted on the map
4

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1 entitled ‘‘Long Hollow-Provo Canyon Parcel’’,

2 dated March 12, 2001;

3 (B) approximately 0.18 acre located in T.

7 S., R. 2 E., sec. 12, NW1 4 ⁄4, as depicted on

5 the map entitled ‘‘Provo Sign and Radio Shop’’,

6 dated March 12, 2001;

7 (C) approximately 20 acres located in T. 3

S., R. 1 E., sec. 33, SE1 8 ⁄4, as depicted on the

9 map entitled ‘‘Corner Canyon Parcel’’, dated

10 March 12, 2001;

11 (D) approximately 0.18 acre located in T.

29 S., R. 7 W., sec. 15, S1 12 ⁄2, as depicted on the

13 map entitled ‘‘Beaver Administrative Site’’,

14 dated March 12, 2001;

15 (E) approximately 7.37 acres located in T.

7 S., R. 3 E., sec. 28, NE1⁄4, SW1⁄4, NE1 16 ⁄4, as

17 depicted on the map entitled ‘‘Springville Par18 cel’’, dated March 12, 2001; and

19 (F) approximately 0.83 acre located in T.

20 5 S., R. 2 E., sec. 20, as depicted on the map

21 entitled ‘‘Pleasant Grove Ranger District Par22 cel’’, dated March 12, 2001.

23 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed24 eral land’’ means the parcel of land in the Salt Lake

25 Meridian comprising approximately 37.42 acres lo-
5

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1 cated at approximately 4,400 West, 11,000 North

2 (SR–92), Highland, Utah in T. 4 S., R. 2 E., sec.

31, NW1 3 ⁄4, as depicted on the map entitled ‘‘The

4 Highland Property’’, dated March 12, 2001.

5 (4) SECRETARY.—The term ‘‘Secretary’’ means

6 the Secretary of Agriculture.

7 SEC. 4. AVAILABILITY OF MAPS.

8 The maps described in paragraphs (2) and (3) of sec9 tion 3 shall be on file and available for public inspection

10 in the Office of the Chief of the Forest Service until the

11 land depicted in the maps is exchanged under this Act.

12 SEC. 5. EXCHANGE OF LAND FOR FACILITY SITE.

13 (a) IN GENERAL.—Subject to subsection (b), the Sec14 retary may, under such terms and conditions as the Sec15 retary may prescribe, convey by quitclaim deed all right,

16 title, and interest of the United States in and to the Fed17 eral land in exchange for the conveyance of the non-Fed18 eral land.

19 (b) TITLE TO NON-FEDERAL LAND.—Before the

20 land exchange takes place under subsection (a), the Sec21 retary shall determine that title to the non-Federal land

22 is acceptable based on the approval standards applicable

23 to Federal land acquisitions.

24 (c) VALUATION OF NON-FEDERAL LAND.—
6

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1 (1) DETERMINATION.—The fair market value

2 of the land and the improvements on the land ex3 changed under this Act shall be determined by an

4 appraisal that—

5 (A) is approved by the Secretary; and

6 (B) conforms with the Federal appraisal

7 standards, as defined in the publication entitled

8 the ‘‘Uniform Appraisal Standards for Federal

9 Land Acquisitions’’ published in 1992 by the

10 Interagency Land Acquisition Conference.

11 (2) SEPARATE APPRAISALS.—

12 (A) IN GENERAL.—Each parcel of Federal

13 land described in section subparagraphs (A)

14 through (F) of section 3(2) shall be appraised

15 separately.

16 (B) INDIVIDUAL PROPERTY VALUES.—The

17 property values of each parcel shall not be af18 fected by the unit rule described in the Uniform

19 Appraisal Standards for Federal Land Acquisi20 tions.

21 (d) CASH EQUALIZATION.—Notwithstanding section

22 206(b) of the Federal Land Policy and Management Act

23 of 1976 (43 U.S.C. 1716(b))—

24 (1) if the value of the non-Federal land is less

25 than the value of the Federal land, the Secretary
7

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1 may accept a cash equalization payment in excess of

2 25 percent of the value of the Federal land; or

3 (2) if the value of the Federal land is less than

4 the value of the non-Federal land, the Secretary may

5 make a cash equalization payment in excess of 25

6 percent of the value of the Federal land equal to the

7 difference in value between the Federal land and the

8 value of the non-Federal property.

9 (e) ADMINISTRATION OF LAND ACQUIRED BY

10 UNITED STATES.—

11 (1) BOUNDARY ADJUSTMENT.—

12 (A) IN GENERAL.—On acceptance of title

13 by the Secretary—

14 (i) the non-Federal land conveyed to

15 the United States shall become part of the

16 Uinta National Forest; and

17 (ii) the boundaries of the national for18 est shall be adjusted to include the land.

19 (B) ALLOCATION OF LAND AND WATER

20 CONSERVATION FUND MONEYS.—For purposes

21 of section 7 of the Land and Water Conserva22 tion Fund Act of 1965 (16 U.S.C. 460l–9), the

23 boundaries of the national forest, as adjusted

24 under this section, shall be considered to be
8

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1 boundaries of the national forest as of January

2 1, 1965.

3 (2) APPLICABLE LAW.—Subject to valid exist4 ing rights, the Secretary shall manage any land ac5 quired under this section in accordance with—

6 (A) the Act of March 1, 1911 (16 U.S.C.

7 480 et seq.) (commonly known as the ‘‘Weeks

8 Act’’); and

9 (B) other laws (including regulations) that

10 apply to National Forest System land.

11 SEC. 6. DISPOSITION OF FUNDS.

12 (a) DEPOSIT.—The Secretary shall deposit any cash

13 equalization funds received in the land exchange in the

14 fund established under Public Law 90–171 (16 U.S.C.

15 484a) (commonly known as the ‘‘Sisk Act’’).

16 (b) USE OF FUNDS.—Funds deposited under sub17 section (a) shall be available to the Secretary, without fur18 ther appropriation, for the acquisition of land and inter19 ests in land for administrative sites in the State of Utah

20 and land for the National Forest System.

21 SEC. 7. CONSTRUCTION AND OPERATION OF FACILITY.

22 (a) CONSTRUCTION.—

23 (1) IN GENERAL.—Subject to paragraph (2), as

24 soon as practicable after funds are made available to

25 carry out this Act, the Secretary of the Interior shall
9

S 1240 RS

1 construct, and bear responsibility for all costs of

2 construction of, a facility and all necessary infra3 structure on non-Federal land acquired under sec4 tion 5.

5 (2) DESIGN AND SPECIFICATIONS.—Prior to

6 construction, the design and specifications of the fa7 cility shall be approved by the Secretary and the

8 Secretary of the Interior.

9 (b) OPERATION AND MAINTENANCE OF FACILITY.—

10 The facility shall be occupied, operated, and maintained

11 jointly by the Secretary (acting through the Chief of the

12 Forest Service) and the Secretary of the Interior (acting

13 through the Director of the National Park Service) under

14 terms and conditions agreed to by the Secretary and the

15 Secretary of the Interior.

16 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated such sums

18 as are necessary to carry out this Act.

19 SECTION 1. SHORT TITLE.

20 This Act may be cited as the ‘‘Timpanogos Interagency

21 Land Exchange Act’’.

22 SEC. 2. FINDINGS AND PURPOSES.

23 (a) FINDINGS.—Congress finds that—

24 (1) the facility that houses the administrative of25 fice of the Pleasant Grove Ranger District of the
10

S 1240 RS

1 Uinta National Forest can no longer properly serve

2 the purpose of the facility;

3 (2) a fire destroyed the Timpanogos Cave Na4 tional Monument Visitor Center and administrative

5 office in 1991, and the temporary structure that is

6 used for a visitor center cannot adequately serve the

7 public; and

8 (3) combining the administrative office of the

9 Pleasant Grove Ranger District with a new

10 Timpanogos Cave National Monument visitor center

11 and administrative office in one facility would—

12 (A) facilitate interagency coordination;

13 (B) serve the public better; and

14 (C) improve cost effectiveness.

15 (b) PURPOSES.—The purposes of this Act are—

16 (1) to authorize the Secretary of Agriculture to

17 acquire by exchange non-Federal land located in

18 Highland, Utah as the site for an interagency admin19 istrative and visitor facility;

20 (2) to direct the Secretary of the Interior to con21 struct an administrative and visitor facility on the

22 non-Federal land acquired by the Secretary of Agri23 culture; and

24 (3) to direct the Secretary of Agriculture and the

25 Secretary of the Interior to cooperate in the develop-
11

S 1240 RS

1 ment, construction, operation, and maintenance of the

2 facility.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) FACILITY.—The term ‘‘facility’’ means the

6 facility constructed under section 7 to house—

7 (A) the administrative office of the Pleasant

8 Grove Ranger District of the Uinta National

9 Forest; and

10 (B) the visitor center and administrative of11 fice of the Timpanogos Cave National Monu12 ment.

13 (2) FEDERAL LAND.—The term ‘‘Federal land’’

14 means the parcels of land and improvements to the

15 land in the Salt Lake Meridian comprising—

16 (A) approximately 237 acres located in T.

5 S., R. 3 E., sec. 13, lot 1, SW1⁄4, NE1⁄4, E1 17 ⁄2,

NW1⁄4 and E1⁄2, SW1 18 ⁄4, as depicted on the map

19 entitled ‘‘Long Hollow-Provo Canyon Parcel’’,

20 dated March 12, 2001;

21 (B) approximately 0.18 acre located in T. 7

S., R. 2 E., sec. 12, NW1 22 ⁄4, as depicted on the

23 map entitled ‘‘Provo Sign and Radio Shop’’,

24 dated March 12, 2001;
12

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1 (C) approximately 20 acres located in T. 3

S., R. 1 E., sec. 33, SE1 2 ⁄4, as depicted on the

3 map entitled ‘‘Corner Canyon Parcel’’, dated

4 March 12, 2001;

5 (D) approximately 0.18 acre located in T.

29 S., R. 7 W., sec. 15, S1 6 ⁄2, as depicted on the

7 map entitled ‘‘Beaver Administrative Site’’,

8 dated March 12, 2001;

9 (E) approximately 7.37 acres located in T.

7 S., R. 3 E., sec. 28, NE1⁄4, SW1⁄4, NE1 10 ⁄4, as

11 depicted on the map entitled ‘‘Springville Par12 cel’’, dated March 12, 2001; and

13 (F) approximately 0.83 acre located in T. 5

14 S., R. 2 E., sec. 20, as depicted on the map enti15 tled ‘‘Pleasant Grove Ranger District Parcel’’,

16 dated March 12, 2001.

17 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed18 eral land’’ means the parcel of land in the Salt Lake

19 Meridian comprising approximately 37.42 acres lo20 cated at approximately 4,400 West, 11,000 North

21 (SR–92), Highland, Utah in T. 4 S., R. 2 E., sec. 31,

NW1 22 ⁄4, as depicted on the map entitled ‘‘The High23 land Property’’, dated March 12, 2001.

24 (4) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of Agriculture.
13

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1 SEC. 4. MAPS AND LEGAL DESCRIPTIONS.

2 (a) AVAILABILITY OF MAPS.—The maps described in

3 paragraphs (2) and (3) of section 3 shall be on file and

4 available for public inspection in the Office of the Chief of

5 the Forest Service until the date on which the land depicted

6 on the maps is exchanged under this Act.

7 (b) TECHNICAL CORRECTIONS TO LEGAL DESCRIP8 TIONS.—The Secretary may correct minor errors in the

9 legal descriptions in paragraphs (2) and (3) of section 3.

10 SEC. 5. EXCHANGE OF LAND FOR FACILITY SITE.

11 (a) IN GENERAL.—Subject to subsection (b), the Sec12 retary may, under such terms and conditions as the Sec13 retary may prescribe, convey by quitclaim deed all right,

14 title, and interest of the United States in and to the Federal

15 land in exchange for the conveyance of the non-Federal

16 land.

17 (b) TITLE TO NON-FEDERAL LAND.—Before the land

18 exchange takes place under subsection (a), the Secretary

19 shall determine that title to the non-Federal land is accept20 able based on the approval standards applicable to Federal

21 land acquisitions.

22 (c) VALUATION OF NON-FEDERAL LAND.—

23 (1) DETERMINATION.—The fair market value of

24 the land and the improvements on the land exchanged

25 under this Act shall be determined by an appraisal

26 that—
14

S 1240 RS

1 (A) is approved by the Secretary; and

2 (B) conforms with the Federal appraisal

3 standards, as defined in the publication entitled

4 ‘‘Uniform Appraisal Standards for Federal

5 Land Acquisitions’’.

6 (2) SEPARATE APPRAISALS.—

7 (A) IN GENERAL.—Each parcel of Federal

8 land described in subparagraphs (A) through (F)

9 of section 3(2) shall be appraised separately.

10 (B) INDIVIDUAL PROPERTY VALUES.—The

11 property values of each parcel shall not be af12 fected by the unit rule described in the Uniform

13 Appraisal Standards for Federal Land Acquisi14 tions.

15 (d) CASH EQUALIZATION.—Notwithstanding section

16 206(b) of the Federal Land Policy and Management Act

17 of 1976 (43 U.S.C. 1716(b)), the Secretary may, as the cir18 cumstances require, either make or accept a cash equali19 zation payment in excess of 25 percent of the total value

20 of the lands or interests transferred out of Federal owner21 ship.

22 (e) ADMINISTRATION OF LAND ACQUISITION BY

23 UNITED STATES.—

24 (1) BOUNDARY ADJUSTMENT.—
15

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1 (A) IN GENERAL.—On acceptance of title by

2 the Secretary—

3 (i) the non-Federal land conveyed to

4 the United States shall become part of the

5 Uinta National Forest; and

6 (ii) the boundaries of the national for7 est shall be adjusted to include the land.

8 (B) ALLOCATION OF LAND AND WATER CON9 SERVATION FUND MONEYS.—For purposes of sec10 tion 7 of the Land and Water Conservation

11 Fund Act of 1965 (16 U.S.C. 4601–099), the

12 boundaries of the national forest, as adjusted

13 under this section, shall be considered to be

14 boundaries of the national forest as of January

15 1, 1965.

16 (2) APPLICABLE LAW.—Subject to valid existing

17 rights, the Secretary shall manage any land acquired

18 under this section in accordance with—

19 (A) the Act of March 1, 1911 (16 U.S.C.

20 480 et seq.) (commonly known as the ‘‘Weeks

21 Act’’); and

22 (B) other laws (including regulations) that

23 apply to National Forest System land.
16

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1 SEC. 6. DISPOSITION OF FUNDS.

2 (a) DEPOSIT.—The Secretary shall deposit any cash

3 equalization funds received in the land exchange in the fund

4 established under Public Law 90–171 (16 U.S.C. 484a)

5 (commonly known as the ‘‘Sisk Act’’).

6 (b) USE OF FUNDS.—Funds deposited under sub7 section (a) shall be available to the Secretary, without fur8 ther appropriation, for the acquisition of land and interests

9 in land for administrative sites in the State of Utah and

10 land for the National Forest System.

11 SEC. 7. CONSTRUCTION AND OPERATION OF FACILITY.

12 (a) CONSTRUCTION.—

13 (1) IN GENERAL.—Subject to paragraph (2), as

14 soon as practicable after funds are made available to

15 carry out this Act, the Secretary of the Interior shall

16 construct, and bear responsibility for all costs of con17 struction of, a facility and all necessary infrastruc18 ture on non-Federal land acquired under section 5.

19 (2) DESIGN AND SPECIFICATIONS.—Prior to con20 struction, the design and specifications of the facility

21 shall be approved by the Secretary and the Secretary

22 of the Interior.

23 (b) OPERATION AND MAINTENANCE OF FACILITY.—The

24 facility shall be occupied, operated, and maintained jointly

25 by the Secretary (acting through the Chief of the Forest

26 Service) and the Secretary of the Interior (acting through
17

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1 the Director of the National Park Service) under terms and

2 conditions agreed to by the Secretary and the Secretary of

3 the Interior.

4 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums as

6 are necessary to carry out this Act.
Calendar No. 445

107TH CONGRESS

2D SESSION S. 1240

[Report No. 107–178]

A BILL

To provide for the acquisition of land and construction of an interagency administrative and visitor

facility at the entrance to American Fork Canyon, Utah, and for other purposes.

JUNE 25, 2002

Reported with an amendment