Congressional Record publishes “Y MOUNTAIN ACCESS ENHANCEMENT ACT” on July 23, 2012

Congressional Record publishes “Y MOUNTAIN ACCESS ENHANCEMENT ACT” on July 23, 2012

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Volume 158, No. 110 covering the 2nd Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“Y MOUNTAIN ACCESS ENHANCEMENT ACT” mentioning the U.S. Dept of Agriculture was published in the House of Representatives section on pages H5085-H5086 on July 23, 2012.

The publication is reproduced in full below:

Y MOUNTAIN ACCESS ENHANCEMENT ACT

Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4484) to provide for the conveyance of a small parcel of National Forest System land in the Uinta-Wasatch-Cache National Forest in Utah to Brigham Young University, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows:

H.R. 4484

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Y Mountain Access Enhancement Act''.

SEC. 2. LAND CONVEYANCE, UINTA-WASATCH-CACHE NATIONAL FOREST,

UTAH.

(a) Conveyance Required.--On the request of Brigham Young University submitted to the Secretary of Agriculture not later than one year after the date of the enactment of this Act, the Secretary shall convey, not later than one year after receiving the request, to Brigham Young University all right, title, and interest of the United States in and to an approximately 80-acre parcel of National Forest System land in the Uinta-Wasatch-Cache National Forest in the State of Utah consisting of the SE\1/4\SE\1/4\ of Section 32, T. 6 S., R. 3 E., and Lot 4 of Section 5, T. 7 S., R. 3 E., Salt Lake Base & Meridian. The conveyance shall be subject to valid existing rights and shall be made by quitclaim deed.

(b) Consideration.--

(1) Consideration required.--As consideration for the land conveyed under subsection (a), Brigham Young University shall pay to the Secretary an amount equal to the fair market value of the land, as determined by an appraisal approved by the Secretary and conducted in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

(2) Deposit.--The consideration received by the Secretary under paragraph (1) shall be deposited in the general fund of the Treasury to reduce the Federal deficit.

(c) Guaranteed Public Access to Y Mountain Trail.--After the conveyance under subsection (a), Brigham Young University represents that it will--

(1) continue to allow the same reasonable public access to the trailhead and portion of the Y Mountain Trail already owned by Brigham Young University as of the date of the enactment of this Act that Brigham Young University has historically allowed; and

(2) allow that same reasonable public access to the portion of the Y Mountain Trail and the ``Y'' symbol located on the land described in subsection (a).

(d) Survey and Administrative Costs.--The exact acreage and legal description of the land to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary. Brigham Young University shall pay the reasonable costs of survey, appraisal, and any administrative analyses required by law.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Washington (Mr. Hastings) and the gentleman from the Northern Mariana Islands (Mr. Sablan) each will control 20 minutes.

The Chair recognizes the gentleman from Washington.

General Leave

Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

The SPEAKER pro tempore. Is there objection to the request of the gentleman from Washington?

There was no objection.

Mr. HASTINGS of Washington. I yield myself such time as I may consume.

Mr. Speaker, this bill is authored by our colleague from Utah (Mr. Chaffetz). H.R. 4484 authorizes the Forest Service to convey 80 acres, known as Y Mountain, to Brigham Young University.

{time} 1540

Y Mountain is the location of the renowned white block ``Y'' in Provo, overlooking the Utah Valley and the BYU campus. The Y was constructed in 1906 and has been a celebrated part of the Utah landscape ever since.

Currently, BYU owns and maintains the trailhead and much of the trail leading up to the 380-foot tall by 130-foot wide landmark. The remaining property is owned by the Forest Service but it is used by the university under a permit which has typically been renewed every 10 years.

With this legislation, the university will guarantee its ability to maintain the Y and surrounding grounds without the risk of losing the right through the permitting process.

Finally, the legislation requires that BYU pay fair market value and continue to allow public access to the Y as it has done for decades.

With that, I reserve the balance of my time.

Mr. SABLAN. Mr. Speaker, I yield myself as much time as I may consume.

(Mr. SABLAN asked and was given permission to revise and extend his remarks.)

Mr. SABLAN. Mr. Speaker, H.R. 4484 provides for the conveyance of approximately 80 acres of Forest Service lands to Brigham Young University. We do not object to this legislation.

I reserve the balance of my time.

Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3 minutes to the gentleman from Utah (Mr. Chaffetz), the author of this legislation.

Mr. CHAFFETZ. Mr. Speaker, I am proud to introduce this piece of legislation. It's common sense. I think it's something that should be widely accepted.

I also appreciate the bipartisan nature in which we introduce this bill. Mr. Faleomavaega was important to this, Mr. Flake and Mr. McKeon, and I appreciate the bipartisan nature in which we introduced this bill.

As you go into Utah County, up on the eastern side of the valley there, there's this big Y representing Brigham Young University. It's a mainstay in our community and something that we're all proud of. It's also something that is easily accessible to hikers. Year-round, people will hike up this trail as they pass up and go up to enjoy a day up on the side of the mountain.

And really, in an effort to make sure that this is properly maintained, there's continuity of maintenance. This really does make sense. It's interesting, because that portion, that 80 acres that we talk about today was once owned by Brigham Young University, and that was then transferred into a trust and, over the course of time, many decades ago it was actually transferred to the Forest Service. And so, now, to actually sell it back, have that money deposited back into the Treasury to help reduce our deficit, Brigham Young University paying fair market value for that, makes sense in terms of keeping the continuity in place, making sure that the trail is well-maintained, that it's clean. It's something that people in Utah and other people coming to our State like to enjoy on a regular basis.

So the bill would restore ownership to Brigham Young University, provide long-term certainty by removing any questions about who owns the land and who is responsible for maintaining the trail, and I look forward to the passage of this.

It's important to our community, and I think a good win-win for the Federal Government as well as the residents there, particularly in Utah County.

Mr. SABLAN. Mr. Speaker, I yield the gentleman from American Samoa

(Mr. Faleomavaega) as much time as he may consume.

(Mr. FALEOMAVAEGA asked and was given permission to revise and extend his remarks.)

Mr. FALEOMAVAEGA. Mr. Speaker, I want to thank the distinguished chairman of our committee, Doc Hastings, and our ranking member, Mr. Markey, for their leadership in support of this proposed legislation.

I especially want to thank my good friend and colleague, the chief sponsor of this legislation, the gentleman from Utah (Mr. Chaffetz).

I rise today, Mr. Speaker, in support of H.R. 4484, the Y Mountain Access Enhancement Act, which would direct the U.S. Department of Agriculture to sell 80 acres of U.S. Forest Service land of an area known for years by the residents of Provo, Utah, as the ``Y Mountain'' to Brigham Young University.

Y Mountain, which is located directly east of the BYU campus, includes a trail that leads 1.2 miles from the mountain's base up to a large white concrete Y on the mountain's hillside that was built over 100 years ago. The Y, which is 380 feet high by 130 feet wide, is even larger than Los Angeles' famous Hollywood sign and serves as an insignia for Brigham Young University.

Mr. Speaker, I am a proud alumnus of Brigham Young University. The Y has always been a symbol of pride for us, the alumni, the faculty, the student body, and the Provo community. It reminds us of what BYU students and alumni strive for and continue to advocate for future generations: ``Enter to learn, and go forth to serve.''

The Y is illuminated five times a year, including at freshman orientation, homecoming, graduations in April and August, as well as Y Days, which celebrate BYU's week of service activities, dating back to the school's tradition of whitewashing the Y. It is a nationally recognized symbol of BYU sports, especially its football tradition.

BYU's athletic program is essentially important for all Pacific Islanders who have been given the opportunity, through athletic scholarships, to further their education here in the United States.

Mr. Speaker, BYU once owned the entire area surrounding the Y and the Y Mountain Trail, and the university also currently manages the U.S. Forest Service portion of the trail.

H.R. 4484, however, proposes that the Federal Government sell the Y Mountain at fair market value to BYU, and mandates that proceeds of the sale be used to reduce the Federal budget deficit. The bill also guarantees that public access to the Y and the Y Mountain Trail be maintained following the sale.

It is my strong belief, Mr. Speaker, that permitting BYU to purchase this property would result in better maintenance of the trail and mountain. Given the immense source of pride in the Y Mountain, BYU ownership of the property would only result in improved maintenance, cleanliness, safety, and access for the public. Transfer of ownership would also allow the university to preserve a significant monument for future generations of students and members of the community.

Mr. Speaker, again, I thank my colleagues and especially the gentleman from Utah, as the chief sponsor of this legislation. I urge my colleagues to support this bill.

Mr. HASTINGS of Washington. Mr. Speaker, I'd advise my friend from the Northern Mariana Islands that I have no more requests for time, and I'm prepared to close if he is.

Mr. SABLAN. Mr. Speaker, I yield back the balance of my time.

Mr. HASTINGS of Washington. Mr. Speaker, this is again, a good piece of legislation. I urge its adoption.

I yield back the balance of my time.

The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Washington (Mr. Hastings) that the House suspend the rules and pass the bill, H.R. 4484, as amended.

The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.

A motion to reconsider was laid on the table.

____________________

SOURCE: Congressional Record Vol. 158, No. 110

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