[House Report 115-442]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-442
======================================================================
TO DIRECT THE SECRETARY OF AGRICULTURE TO TRANSFER CERTAIN FEDERAL LAND
TO FACILITATE SCIENTIFIC RESEARCH SUPPORTING FEDERAL SPACE AND DEFENSE
PROGRAMS
_______
December 6, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1800]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1800) to direct the Secretary of Agriculture to
transfer certain Federal land to facilitate scientific research
supporting Federal space and defense programs, 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. LAND CONVEYANCE, WASATCH-CACHE NATIONAL FOREST, RICH COUNTY,
UTAH.
(a) Land Conveyance Authorized.--Subject to valid existing rights,
not later than 6 months after the date of the enactment of this
section, the Secretary of Agriculture shall convey, without
consideration, to the Utah State University Research Foundation, (in
this section referred to as the ``Foundation'') all right, title, and
interest of the United States in and to a parcel of real property
consisting of approximately 80 acres, including improvements thereon,
located outside of the boundaries of the Wasatch-Cache National Forest,
Rich County, Utah, within Sections 19 and 30, Township 14 North, Range
5 East, Salt Lake Base and Meridian for the purpose of permitting the
Foundation to use the property for scientific and educational purposes.
(b) Reversionary Interest.--If the Secretary of Agriculture
determines at any time that the real property conveyed under subsection
(a) is not being used in accordance with the purpose of the conveyance
specified in such subsection, all right, title and interest in and to
such real property, including any improvements thereto, shall, at the
option of the Secretary, revert to and become the property of the
United States, and the United States shall have the right of immediate
entry onto such real property. A determination by the Secretary under
this subsection shall be made on the record after an opportunity for a
hearing.
(c) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of Agriculture shall
require the Foundation to cover the costs (except any costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for environmental
documentation, and any other administrative costs related to
the conveyance. If amounts are collected from the Foundation in
advance of the Secretary incurring the actual costs, and the
amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the Foundation.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the fund
or account that was used to cover those costs incurred by the
Secretary in carrying out the conveyance. Amounts so credited
shall be merged with amounts in such fund or account, and shall
be available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal description
of the property to be conveyed under subsection (a) shall be determined
by a survey satisfactory to the Secretary of Agriculture.
(e) Additional Terms and Conditions.--The Secretary of Agriculture
may require such additional terms and conditions in connection with the
conveyance 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. 1800 is to direct the Secretary of
Agriculture to transfer certain Federal land to facilitate
scientific research supporting Federal space and defense
programs.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1800 authorizes the transfer of an 80-acre parcel of
U.S. Forest Service (USFS) land currently the Wasatch-Cache
National Forest, but which is located outside of the actual
Wasatch-Cache National Forest boundaries, to the Utah State
University Research Foundation (a 501(c)(3) non-profit), to
facilitate the continued use of the property for scientific
research in direct support of ongoing U.S. military research.
This parcel of land has been used since the early 1960s
pursuant to a conditional use-permit from the USFS, for NASA,
the U.S. Naval Research Lab, and the Utah State University
Space Dynamics Laboratory (SDL), to conduct scientific
research.
The property's remote location, in sections 19 and 30, in
Township 14 North, Range 5 East of the Salt Lake Base and
Meridian, west of Garden City, Utah, as well as its high
altitude, are conducive for atmospheric research using Meteor
Wind Radars, an interferometric antenna array, and antenna
arrays for ionosonde soundings. There is considerable non--USFS
infrastructure investment already installed at the location,
including various antennas, telescopes, equipment shelters and
security fencing. SDL anticipates additional infrastructure
investments at the site after completion of the transfer.
The USFS placed this parcel on its disposal list in 2015
without notifying the permittees of its action or considering
the legal or financial impacts of this action on the permittee.
The parcel is non-administrative and the sale or disposal of
the property to SDL, once placed on the disposal list, to allow
it to continue to use the property for research under existing
forest service authorities, is prohibited without authorizing
legislation from Congress.
Unless Congress acts, USFS lacks administrative authority
to sell or otherwise transfer the parcel to SDL to allow for
its continued historical use for scientific and space research.
Infrastructure investments, largely funded by taxpayers under
U.S. military research contracts, could be lost. Forcing SDL to
find a suitable new location and relocate its infrastructure
would result in higher research costs for the Department of
Defense, and cause research program disruptions.
COMMITTEE ACTION
H.R. 1800 was introduced on March 30, 2017, by Congressman
Rob Bishop (R-UT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On November 7, 2017, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. Congressman Rob Bishop (R-UT)
offered an amendment designated #1; it was adopted by unanimous
consent. No further amendments were offered, and the bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent on November 8, 2017.
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.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1800, a bill to
direct the Secretary of Agriculture to transfer certain Federal
land to facilitate scientific research supporting Federal space
and defense programs.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1800--A bill to direct the Secretary of Agriculture to transfer
certain Federal land to facilitate scientific research
supporting Federal space and defense programs
H.R. 1800 would direct the Secretary of Agriculture to
convey, without further consideration, 80 acres of land
administered by the Forest Service to Utah State University.
The affected lands, which are currently used by the university
and certain federal agencies to conduct space-related research,
are not expected to generate receipts over the next 10 years.
In addition, the bill would require the university to cover any
administrative costs associated with the conveyance. Finally,
ownership of the affected lands would revert to the Forest
Service if the university used them for nonpublic purposes.
Using information from the agency, CBO estimates that
implementing the bill would have no significant effect on the
federal budget. Enacting H.R. 1800 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
CBO estimates that enacting H.R. 1800 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1800 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LeFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. 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 direct the Secretary of
Agriculture to transfer certain Federal land to facilitate
scientific research supporting Federal space and defense
programs.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.
ADDITIONAL VIEWS
H.R. 1800 authorizes the conveyance of 80 acres of Federal
land to the Utah State University Research Foundation. The land
is already used for research and categorized as suitable for
disposal by the U.S. Forest Service, the agency that owns and
manages the property. Conveyance to the foundation is a worthy
goal that we support. However, the bill as introduced
authorized a transfer without any form of compensation for the
property or the administrative costs of preparing the
conveyance. Federal lands belong to American taxpayers and
Congress has an obligation to ensure a fair return for these
precious assets. Land transfers like this, even with the goal
of promoting research by a state university, must include some
form of compensation.
At markup, Chairman Bishop offered an amendment that makes
the transfer subject to a reversionary interest, which requires
the recipient of the land to use it for a specific purpose or
ownership reverts back to the United States. This strikes a
fair balance and we appreciate the Chairman's commitment to the
value of our public lands.
Raul M. Grijalva.
[all]