I 

111TH CONGRESS 

1ST SESSION H. R. 604 

To provide for a land exchange with the City of Bountiful, Utah, involving 

National Forest System land in the Wasatch-Cache National Forest 

and to further land ownership consolidation in that national forest, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 16, 2009 

Mr. BISHOP of Utah introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committees on 

Energy and Commerce and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for a land exchange with the City of Bountiful, 

Utah, involving National Forest System land in the 

Wasatch-Cache National Forest and to further land ownership consolidation in that national forest, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Bountiful City Land 

5 Consolidation Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CITY.—The term ‘‘City’’ means the City of 

4 Bountiful, Utah. 

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

6 means the land under the jurisdiction of the Sec7 retary identified on the map as ‘‘Shooting Range 

8 Special Use Permit Area’’. 

9 (3) MAP.—The term ‘‘map’’ means the map en10 titled ‘‘Bountiful City Land Consolidation Act’’ and 

11 dated October 15, 2007. 

12 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means the 3 parcels of City land com14 prising a total of approximately 1,680 acres, as gen15 erally depicted on the map. 

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

17 the Secretary of Agriculture. 

18 SEC. 3. LAND EXCHANGE, WASATCH-CACHE NATIONAL FOR19 EST, UTAH. 

20 (a) IN GENERAL.—Subject to subsections (c) through 

21 (g), if the City of Bountiful, Utah, conveys to the Sec22 retary of Agriculture all right, title, and interest of the 

23 City in and to the non-Federal land, the Secretary shall 

24 convey to the City all right, title, and interest of the 

25 United States in and to the Federal land. 


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1 (b) AVAILABILITY OF MAP.—The map shall be on file 

2 and available for public inspection in the appropriate of3 fices of the Forest Service. 

4 (c) VALUATION AND EQUALIZATION.— 

5 (1) VALUATION.—The value of the Federal land 

6 and the non-Federal land to be conveyed under sub7 section (a)— 

8 (A) shall be equal, as determined by ap9 praisals carried out in accordance with section 

10 206 of the Federal Land Policy and Manage11 ment Act of 1976 (43 U.S.C. 1716); or 

12 (B) if not equal, shall be equalized in ac13 cordance with paragraph (2). 

14 (2) EQUALIZATION.—If the value of the Federal 

15 land and the non-Federal land to be conveyed in a 

16 land exchange under this section is not equal, the 

17 value may be equalized by— 

18 (A) making a cash equalization payment to 

19 the Secretary or to the City, as appropriate; or 

20 (B) reducing the acreage of the Federal 

21 land or the non-Federal land to be exchanged, 

22 as appropriate. 

23 (d) APPLICABLE LAW.—Section 206 of the Federal 

24 Land Policy and Management Act of 1976 (43 U.S.C. 

25 1716) shall apply to the land exchange authorized under 


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1 subsection (a), except that the Secretary may accept a 

2 cash equalization payment in excess of 25 percent of the 

3 value of the Federal land. 

4 (e) CONDITIONS.— 

5 (1) LIABILITY.— 

6 (A) IN GENERAL.—As a condition of the 

7 exchange under subsection (a), the Secretary 

8 shall— 

9 (i) require that the City— 

10 (I) assume all liability for the 

11 shooting range located on the Federal 

12 land, including the past, present, and 

13 future condition of the Federal land; 

14 and 

15 (II) hold the United States harm16 less for any liability for the condition 

17 of the Federal land; and 

18 (ii) comply with the hazardous sub19 stances disclosure requirements of section 

20 120(h) of the Comprehensive Environ21 mental Response, Compensation, and Li22 ability Act of 1980 (42 U.S.C. 9620(h)). 

23 (B) LIMITATION.—Clauses (ii) and (iii) of 

24 section 120(h)(3)(A) of the Comprehensive En25 vironmental Response, Compensation, and LiVerDate Nov 24 2008 01:55 Jan 21, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H604.IH H604

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1 ability Act of 1980 (42 U.S.C. 9620(h)(3)(A)) 

2 shall not apply to the conveyance of Federal 

3 land under subsection (a). 

4 (2) ADDITIONAL TERMS AND CONDITIONS.— 

5 The land exchange under subsection (a) shall be 

6 subject to— 

7 (A) valid existing rights; and 

8 (B) such additional terms and conditions 

9 as the Secretary may require. 

10 (f) MANAGEMENT OF ACQUIRED LAND.—The non11 Federal land acquired by the Secretary under subsection 

12 (a) shall be— 

13 (1) added to, and administered as part of, the 

14 Wasatch-Cache National Forest; and 

15 (2) managed by the Secretary in accordance 

16 with— 

17 (A) the Act of March 1, 1911 (commonly 

18 known as the Weeks Law; 16 U.S.C. 480 et 

19 seq.); and 

20 (B) any laws (including regulations) appli21 cable to the National Forest System. 

22 (g) EASEMENTS; RIGHTS-OF-WAY.— 

23 (1) BONNEVILLE SHORELINE TRAIL EASE24 MENT.—In carrying out the land exchange under 

25 subsection (a), the Secretary shall ensure that an 


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1 easement not less than 60 feet in width is reserved 

2 for the Bonneville Shoreline Trail. 

3 (2) OTHER RIGHTS-OF-WAY.—The Secretary 

4 and the City may reserve any other rights-of-way for 

5 utilities, roads, and trails that— 

6 (A) are mutually agreed to by the Sec7 retary and the City; and 

8 (B) the Secretary and the City consider to 

9 be in the public interest. 

10 (h) DISPOSAL OF REMAINING FEDERAL LAND.— 

11 (1) IN GENERAL.—The Secretary may, by sale 

12 or exchange, dispose of all, or a portion of, the par13 cel of National Forest System land comprising ap14 proximately 220 acres, as generally depicted on the 

15 map that remains after the conveyance of the Fed16 eral land authorized under subsection (a), if the Sec17 retary determines, in accordance with paragraph (2), 

18 that the land or portion of the land is in excess of 

19 the needs of the National Forest System. 

20 (2) REQUIREMENTS.—A determination under 

21 paragraph (1) shall be made— 

22 (A) pursuant to an amendment of the land 

23 and resource management plan for the 

24 Wasatch-Cache National Forest; and 


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1 (B) after carrying out a public process 

2 consistent with the National Environmental 

3 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

4 (3) CONSIDERATION.—As consideration for any 

5 conveyance of Federal land under paragraph (1), the 

6 Secretary shall require payment of an amount equal 

7 to not less than the fair market value of the con8 veyed National Forest System land. 

9 (4) RELATION TO OTHER LAWS.—Any convey10 ance of Federal land under paragraph (1) by ex11 change shall be subject to section 206 of the Federal 

12 Land Policy and Management Act of 1976 (43 

13 U.S.C. 1716). 

14 (5) DISPOSITION OF PROCEEDS.—Any amounts 

15 received by the Secretary as consideration under 

16 subsection (c) or paragraph (3) shall be— 

17 (A) deposited in the fund established under 

18 Public Law 90–171 (commonly known as the 

19 Sisk Act; 16 U.S.C. 484a); and 

20 (B) available to the Secretary, without fur21 ther appropriation and until expended, for the 

22 acquisition of land or interests in land to be in23 cluded in the Wasatch-Cache National Forest. 


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1 (6) ADDITIONAL TERMS AND CONDITIONS.— 

2 Any conveyance of Federal land under paragraph 

3 (1) shall be subject to— 

4 (A) valid existing rights; and 

5 (B) such additional terms and conditions 

6 as the Secretary may require. 

Æ 


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