This report examines legislation to establish or support a research park at the University of Utah, which would create a hub for scientific innovation and economic development in the region. The University of Utah Research Park Act aims to facilitate collaboration between academic researchers and private industry, helping to commercialize discoveries and create jobs in Utah. The Energy and Natural Resources Committee reviewed this proposal to assess its potential benefits for research advancement and regional economic growth.
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Senate Report 119-108 - UNIVERSITY OF UTAH RESEARCH PARK ACT
[Senate Report 119-108]
[From the U.S. Government Publishing Office]
Calendar No. 337
119th Congress } { Report
SENATE
2d Session } { 119-108
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UNIVERSITY OF UTAH RESEARCH PARK ACT
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February 11, 2026.--Ordered to be printed
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Mr. Lee, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1453]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1453) to confirm the use of certain non-
Federal land in Salt Lake City, Utah, for public purposes, and
for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
PURPOSE
The purpose of S. 1453 is to confirm the use of certain
non-Federal land in Salt Lake City, Utah, for public purposes.
BACKGROUND AND NEED
The Recreation and Public Purposes Act (R&PP Act)
authorizes the Secretary of the Interior to convey up to 640
acres of public land to a State, local government, or State
instrumentality for public purposes. (43 U.S.C. 869 et seq.).
Although the Act does not define the term ``public purpose,''
the Department of the Interior's regulations implementing the
Act say that it ``means for the purpose of providing facilities
or services for the benefit of the public in connection with .
. . public health, safety or welfare.'' The lands can be used
for commercial or residential purposes only if the use is
``necessary for and integral to,'' and an ``essential part
of,'' the public purpose. (43 C.F.R. 2740.0-5(d)).
The grantee must show ``that the land will be used for an
established or definitely proposed project'' before the land
can be conveyed under the R&PP Act. (43 U.S.C. 869). The
grantee ``may not change the use specified in the conveyance to
another or additional use except, with the consent of the
Secretary'' for other public purposes. ``If at any time after
the lands are conveyed by the Government, the lands are devoted
to a use other than that for which the lands were conveyed,
without the consent of the Secretary, title to the lands shall
revert to the United States.'' (43 U.S.C. 869-2).
The Secretary of the Interior conveyed 593 acres of public
land to the University of Utah under the R&PP Act in 1968. The
patent states that the land was conveyed ``for purposes of
academic expansion of the University of Utah, for an arboretum,
and for highway and utility rights-of-way to serve those
purposes.''\1\ More specifically, the patent required the
University to ``comply with the provisions of [an] approved
management plan of development and management,'' filed with the
Bureau of Land Management in 1968, ``or with any revision
approved by the Secretary . . . .''\2\
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\1\BLM Patent #43-69-0012, November 19, 1968.
\2\Id.
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The patent further stated that it was ``issued under the
provision that, if . . . the lands are devoted to a use other
than that for which the lands were conveyed, without the
consent of the Secretary of the Interior or his delegate, title
shall revert to the United States.''\3\ Alternatively, the
patent provided that, instead of forfeiting title, the
University could ``pay the United States an amount equal to the
difference between the price paid for the land,'' which was
$2.50 per acre, ``and 50 percent of the fair market value of
the patented lands''\4\ in 1968 plus interest.
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\3\Id.
\4\Id.
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The University of Utah established and is currently
operating an academic research park on a large portion of the
patented lands. Although the patent does not specifically
mention a research park, the University's application for the
land and the management plan approved in 1968 ``show that a
research park was one of the uses intended by the
University.''\5\ The Acting Secretary of the Interior, Fred
Russell, acknowledged ``that the Department has been fully
cognizant of the intended use of the land for research park
purposes'' in a letter to the University in December 1970. The
Acting Secretary plainly stated that ``the Department approved
the University's development plan and therefore approved such
use,'' and ``in effect, incorporates'' the research park by
reference. He also found ``that use of the land for a Research
Park is a valid public purpose . . . .''\6\
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\5\Recreation and Public Purposes Act from the University of Utah,
August 19, 1968.
\6\Letter from the Honorable Fred Russell, Secretary of the
Interior, December 10, 1970.
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``Thus,'' the Acting Secretary concluded, ``we see no
problem with use of the land for the Research Park, provided
that such use is in conformity with the development plan.
Whether any particular phase of development conforms to that
plan is a matter for separate consideration.''\7\ In other
words, while the Department of the Interior approved use of the
patented lands for the research park more than 50 years ago, it
reserved for ``separate consideration''\8\ whether future
phases of development would conform to the approved development
plan.
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\7\Id.
\8\Id.
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For over 50 years, the University of Utah has built and
operated the research park in the belief that it is in
compliance with the terms of the land conveyance. Recently,
however, the Bureau of Land Management has raised concerns that
activities previously authorized by the Bureau, including use
of the land for a research park, and some proposed updates to
the development plan desired by the University, may not be
allowed under the R&PP Act.
S. 1453 confirms as valid R&PP Act public purposes the use
of the conveyed land as a university research park, as approved
by the Secretary of the Interior and any modifications of the
approved plan approved by the Department of the Interior prior
to the date of enactment of this Act.
Enactment of S. 1453 removes legal uncertainty for the
University of Utah in managing the property consistent with
previous Department of the Interior approvals.
LEGISLATIVE HISTORY
S. 1453 was introduced by Chairman Lee on April 10, 2025,
and subsequently referred to the Committee on Energy and
Natural Resources. Senator Curtis is a cosponsor. Similar
legislation, H.R. 2876, was introduced in the House of
Representatives by Rep. Moore on April 10, 2025. The
Subcommittee on Federal Lands of the House Committee on Natural
Resources held a hearing on H.R. 2876 on April 29. 2025. The
Committee on Natural Resources reported the bill on September
15, 2025. H. Rept. 119-290.
In the 118th Congress, similar legislation, S. 1260, was
introduced by Senator Lee on April 25, 2023. The Committee
ordered the bill reported favorably with an amendment on July
25, 2023. (S. Rept. 118-75). Representative Moore introduced a
companion measure, H.R. 5768, in the House of Representatives
on September 27, 2023. No further action was taken on either
bill.
Similar legislation, S. 3370, was introduced in the 117th
Congress by Senator Lee on December 9, 2021. The Subcommittee
on Public Lands, Forests, and Mining held a hearing on S. 3370
on June 7, 2022 (S. Hrg. 117-301). The Committee ordered S.
3370 reported favorably without amendment on July 21, 2022. (S.
Rept. 117-284). Representative Stewart introduced a companion
measure in the House of Representatives, H.R. 6240. The House
Natural Resources Subcommittee on National Parks, Forests, and
Mining held a hearing on H.R. 6240 on June 23, 2022. No further
action was taken on either bill.
COMMITTEE RECOMMENDATION AND TABULATION OF VOTES
The Senate Committee on Energy and Natural Resources, in
open business session, on September 11, 2025, by a majority
vote of a quorum present, recommends that the Senate pass S.
1453.
The roll call vote on reporting the measure was 16 yeas, 4
nays as follows:
YEAS NAYS
Mr. Lee Mr. Heinrich
Mr. Barrasso Ms. Cantwell
Mr. Risch Ms. Hirono*
Mr. Daines Ms. Cortez Masto*
Mr. Cotton
Mr. McCormick*
Mr. Justice
Mr. Cassidy
Mrs. Hyde-Smith
Ms. Murkowski
Mr. Hoeven
Mr. Wyden*
Mr. King*
Mr. Hickenlooper*
Mr. Padilla*
Mr. Gallego*
*Indicates vote by proxy.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 contains the short title, the University of Utah
Research Park Act.
Section 2. Confirmation of use of certain non-Federal land in Salt Lake
City, Utah, for valid public purposes
Section 2(a)(1) confirms as valid public purposes
consistent with the requirements of the Recreation and Public
Purposes Act (43 U.S.C. 869 et seq.) the use by the University
of Utah of approximately 593.54 acres of land located in Salt
Lake, Utah, as a university research park, as approved by a
letter from the Secretary of the Interior to the University of
Utah dated December 10, 1970, and any modifications of the
approved plan of development and management for the land which
were approved by the Department of the Interior prior to the
date of enactment of this Act.
Paragraph (2) confirms any other uses of the land that are
consistent with use as a university research park and related
university purposes (including development of student housing
and a transit hub) as valid public purposes consistent with the
requirements of the R&PP Act.
Subsection (b) more specifically describes the
approximately 593.54 acres of land conveyed in 1968 by the
Department of the Interior to the University of Utah under the
R&PP Act.
COST AND BUDGETARY CONSIDERATIONS
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1453 would confirm the acceptability of the University
of Utah's ongoing use of a 594 acre parcel of land. In 1968,
the Department of the Interior conveyed the land to the
university under the condition that it be used for public
purposes. The university established and is currently operating
an academic research park on the land, which houses technology,
education, and medical facilities. The bill also would allow
the university to develop student housing and a transit hub on
the land and to use the area for other purposes related to the
research park. Because those uses would have no cost to the
federal government, CBO estimates that enacting S. 1453 would
have no effect on the federal budget.
On August 13, 2025, CBO transmitted a cost estimate for
H.R. 2876, the University of Utah Research Park Act, as ordered
reported by the House Committee on Natural Resources on June
25, 2025. The two bills are similar, and CBO's estimates of
their budgetary effects are the same.
The CBO staff contact for this estimate is Katherine Chou.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
On January 2, 2024, the Congressional Budget Office
estimated legislation that was reported with an amendment in
the 118th Congress and as reported with an amendment, is
identical to S. 1453. The cost estimate is posted at
www.cbo.gov.
On November 21, 2022, the Congressional Budget Office
provided a table entitled ``Summary Estimates of Legislation
Ordered Reported'' by the Committee during the 117th Congress.
The table included a cost estimate for similar legislation in
the 117th Congress, S. 3370. The table is posted at
www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1453. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 1453, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1453, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
There were no hearings held on S. 1453 in the 119th
Congress. There were no hearings held on S. 1260, similar
legislation introduced in the 118th Congress. In the 117th
Congress, the Committee held a hearing on S. 3370, similar
legislation that was introduced by Senator Lee, on June 7,
2022. The testimony of the Department of the Interior on S.
3370 appears on page 36 of S. Hrg. 117-301.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 1453 as ordered
reported.
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