114 S13 IS: Hurricane Sand Dunes National Recreation Area Act of 2015 U.S. Senate 2015-01-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 13IN THE SENATE OF THE UNITED STATESJanuary 6, 2015Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo establish the Hurricane Sand Dunes National Recreation Area in the State of Utah, and for other purposes.

1.

Short title

This Act may be cited as the Hurricane Sand Dunes National Recreation Area Act of 2015.

2.

Definitions

In this Act:(1)

Federal land

The term Federal land means land owned and managed by the Bureau of Land Management in Washington County in the State.(2)

Map

The term map means the map prepared by the Bureau of Land Management entitled Hurricane Sand Dunes National Recreation Area and dated November 14, 2014.(3)

Non-Federal land

The term non-Federal land means the State land identified on the map as State land.(4)

Proposed exchange parcel

The term proposed exchange parcel means the approximately 1,205 acres of Bureau of Land Management land identified on the map as Proposed Exchange Parcel.(5)

Recreation area

The term Recreation Area means the Hurricane Sand Dunes National Recreation Area established by section 3(a).(6)

Secretary

The term Secretary means the Secretary of the Interior.(7)

State

The term State means the State of Utah.

3.

Hurricane Sand Dunes National Recreation Area, Utah

(a)

Designation

There is established in the State the Hurricane Sand Dunes National Recreation Area to provide for—(1)the enhancement of recreational uses; and(2)the use of off-highway vehicles.(b)

Boundary

(1)

In general

The Recreation Area shall consist of the approximately 18,447 acres of Bureau of Land Management land in the State identified on the map as Open OHV Area.(2)

Exclusion

The proposed exchange parcel shall be excluded from the Recreation Area.(c)

Administration of Recreation Area and proposed exchange parcel

The Secretary, acting through the Director of the Bureau of Land Management, shall—(1)administer the Recreation Area and proposed exchange parcel—(A)in accordance with—(i)the applicable Federal laws (including regulations) and rules applicable to the Bureau of Land Management; and(ii)applicable land use plans; and(B)consistent with the administration of the Sand Mountain Open OHV Area, as in existence on the day before the date of enactment of this Act; and(2)only allow uses of the Recreation Area that are consistent with the purposes described in subsection (a).(d)

Fish and wildlife

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.(e)

Adjacent management

Nothing in this section creates any protective perimeter or buffer zone around the Recreation Area.(f)

Use of off-Highway vehicles

The land described in subsection (b)(1) shall remain open, in perpetuity, to the use of off-highway vehicles.

4.

Exchange of Federal land and non-Federal land

(a)

In General

If the State offers to convey to the United States title to the non-Federal land, the Secretary shall—(1)accept the offer; and(2)on receipt of all right, title, and interest in and to the non-Federal land, convey to the State all right, title, and interest of the United States in and to the Federal land.(b)

Valid Existing Rights

The exchange authorized under subsection (a) shall be subject to valid existing rights.(c)

Title approval

Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the State.(d)

Appraisals

(1)

In general

The value of the Federal land and the non-Federal land to be exchanged under this section shall be determined by appraisals conducted by 1 or more independent appraisers retained by the State, with the consent of the Secretary.(2)

Applicable law

The appraisals under paragraph (1) shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions.(3)

Approval

The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval.(e)

Equal value exchange

(1)

In general

The value of the Federal land and non-Federal land to be exchanged under this section—(A)shall be equal; or(B)shall be made equal in accordance with paragraph (2).(2)

Equalization

(A)

Surplus of Federal land

If the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State—(i)by reducing the acreage of the Federal land to be conveyed; or(ii)by adding additional State land to the non-Federal land to be conveyed.(B)

Surplus of non-Federal land

If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and non-Federal land shall be equalized by reducing the acreage of the non-Federal land to be conveyed, as determined to be appropriate and acceptable by the Secretary and the State.(f)

Status and management of non-Federal land

On conveyance to the Secretary, the non-Federal land shall, in accordance with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 1716(c)), be added to, and administered by the Secretary as part of, the Recreation Area.