[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Reported in House (RH)]

                                                 Union Calendar No. 118

103d CONGRESS

  1st Session

                                 S. 184

                          [Report No. 103-207]

_______________________________________________________________________

                                 AN ACT

To provide for the exchange of certain lands within the State of Utah, 
                        and for other purposes.

_______________________________________________________________________

                             August 2, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 118
103d CONGRESS
  1st Session
                                 S. 184

                          [Report No. 103-207]

To provide for the exchange of certain lands within the State of Utah, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 1993

             Referred to the Committee on Natural Resources

                             August 2, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
To provide for the exchange of certain lands within the State of Utah, 
                        and for other purposes.

    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 ``Utah Schools and Lands Improvement 
Act of 1993''.

SEC. 2. UTAH-NAVAJO LAND EXCHANGE.

    (a) Additions to Reservation.--For the purpose of securing in trust 
for the Navajo Nation certain lands belonging to the State of Utah, 
which comprise approximately thirty-eight thousand five hundred acres 
of surface and subsurface estate, and approximately an additional nine 
thousand five hundred acres of subsurface estate, as generally depicted 
on the map entitled ``Utah-Navajo Land Exchange'', dated May 18, 1992, 
such lands are hereby declared to be part of the Navajo Indian 
Reservation in the State of Utah effective upon the completion of 
conveyance from the State of Utah and acceptance of title by the United 
States.
    (b) Authorization.--The Secretary of the Interior is authorized to 
acquire through exchange those lands and interests in land described in 
subsection (a) which are owned by the State of Utah, subject to valid 
existing rights.

SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION.

    (a) Additions to Reservation.--For the purpose of securing in trust 
for the Goshute Indian Tribe certain lands belonging to the State of 
Utah, which comprise approximately nine hundred eighty acres of surface 
and subsurface estate, and an additional four hundred and eighty acres 
of subsurface estate, as generally depicted on the map entitled ``Utah-
Goshute Land Exchange'', dated May 18, 1992, such lands are hereby 
declared to be part of the Goshute Indian Reservation in the State of 
Utah effective upon the completion of conveyance from the State of Utah 
and acceptance of title by the United States.
    (b) Authorization.--The Secretary of the Interior is authorized to 
acquire through exchange those lands and interests in land described in 
subsection (a) which are owned by the State of Utah, subject to valid 
existing rights.
    (c) Other Land.--(1) The following tract of Federal land located in 
the State of Nevada, comprising approximately five acres more or less, 
together with all improvements thereon, is hereby declared to be part 
of the Goshute Indian Reservation, and shall be held in trust for the 
Goshute Indian Tribe: Township 30 North, Range 69 East, lots 5, 6, 7, 
9, 11, and 14 of section 34.
    (2) No part of the lands referred to in paragraph (1) shall be used 
for gaming or any related purpose.

SEC. 4. IMPLEMENTATION.

    The exchanges authorized by sections 2 and 3 of this Act shall be 
conducted without cost to the Navajo Nation and the Goshute Indian 
Tribe.

SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM.

    (a) Authorization.--The Secretary of Agriculture is authorized to 
accept on behalf of the United States title to the school and 
institutional trust lands by the State of Utah within units of the 
National Forest System, comprising approximately seventy-six thousand 
acres as depicted on a map entitled ``Utah Forest Land Exchange'', 
dated May 18, 1992.
    (b) Status.--Any lands acquired by the United States pursuant to 
this section shall become a part of the national forest within which 
such lands are located and shall be subject to all the laws and 
regulations applicable to the National Forest System.

SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM.

    (a) Authorization.--The Secretary of the Interior is hereby 
authorized to accept on behalf of the United States title to all school 
and institutional trust lands owned by the State of Utah located within 
all units of the National Park System, comprising approximately eighty 
thousand acres, located within the State of Utah on the date of 
enactment of this Act.
    (b) Status.--(1) Notwithstanding any other provision of law, all 
lands of the State of Utah within units of the National Park System 
that are conveyed to the United States pursuant to this section shall 
become a part of the appropriate unit of the National Park System, and 
shall be subject to all laws and regulations applicable to that unit of 
the National Park System.
    (2) The Secretary of the Interior shall, as a part of the exchange 
process of this Act, compensate the State of Utah for the fair market 
value of five hundred eighty and sixty-four one-hundredths acres within 
Capitol Reef National Park that were conveyed by the State of Utah to 
the United States on July 2, 1971, for which the State has never been 
compensated. The fair market value of these lands shall be established 
pursuant to section 8 of this Act.

SEC. 7. OFFER TO STATE.

    (a) Specific Offers.--Within thirty days after enactment of this 
Act, the Secretary of the Interior shall transmit to the State of Utah 
a list of lands, or interests in lands, within the State of Utah for 
transfer to the State of Utah in exchange for the state lands and 
interests described in sections 2, 3, 5, and 6 of this Act. Such list 
shall include only the following Federal lands, or interests therein:
            (1) Blue Mountain Telecommunications Site, fee estate, 
        approximately six hundred and forty acres.
            (2) Beaver Mountain Ski Resort site, fee estate, 
        approximately three thousand acres, as generally depicted on 
        the map entitled ``Beaver Mountain Ski Resort'' dated September 
        16, 1992.
            (3) The unleased coal located in the Winter Quarters Tract.
            (4) The unleased coal located in the Crandall Canyon Tract.
            (5) All royalties receivable by the United States with 
        respect to coal leases in the Quitchupah (Convulsion Canyon) 
        Tract.
            (6) The unleased coal located in the Cottonwood Canyon 
        Tract.
            (7) The unleased coal located in the Soldier Creek Tract.
    (b) Additional Offers.--(1) In addition to the lands and interests 
specified in subsection (a), the Secretary of the Interior shall offer 
to the State of Utah a portion of the royalties receivable by the 
United States with respect to Federal geothermal, oil, gas, or other 
mineral interests in Utah which on December 31, 1992, were under lease 
and covered by an approved permit to drill or plan of development and 
plan of reclamation, were in production, and were not under 
administrative or judicial appeal.
    (2) No offer under this subsection shall be for royalties 
aggregating more than 50 per centum of the total appraised value of the 
State lands described in sections 2, 3, 5, and 6.
    -(-3-) -T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l -m-a-k-e -n-o 
-o-f-f-e-r -u-n-d-e-r -t-h-i-s -s-u-b-s-e-c-t-i-o-n -w-h-i-c-h 
-w-o-u-l-d -e-n-a-b-l-e -t-h-e -S-t-a-t-e -o-f -U-t-a-h -t-o 
-r-e-c-e-i-v-e -r-o-y-a-l-t-i-e-s -u-n-d-e-r -t-h-i-s -s-e-c-t-i-o-n 
-e-x-c-e-e-d-i-n-g -$-1-2-,-5-0-0-,-0-0-0 -a-n-n-u-a-l-l-y-.
    (3) The Secretary shall make no offer under this subsection which 
would enable the State of Utah to receive royalties under this section 
exceeding $25,000,000.
    (4) If the total value of lands and interests therein and royalties 
offered to the State pursuant to subsections (a) and (b) is less than 
the total value of the State lands described in sections 2, 3, 5, and 
6, the Secretary shall provide the State a list of all public lands in 
Utah that as of December 31, 1992, the Secretary, in resource 
management plans prepared pursuant to the Federal Land Policy and 
Management Act of 1976, had identified as suitable for disposal by 
exchange or otherwise, and shall offer to transfer to the State any or 
all of such lands, as selected by the State, in partial exchange for 
such State lands, to the extent consistent with other applicable laws 
and regulations.

SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

    (a) Equal Value.--All exchanges authorized under this Act shall be 
for equal value. No later than ninety days after enactment of this Act, 
the Secretary of the Interior, the Secretary of Agriculture, and the 
Governor of the State of Utah shall provide for an appraisal of the 
lands or interests therein involved in the exchanges authorized by this 
Act. A detailed appraisal report shall utilize nationally recognized 
appraisal standards including, to the extent appropriate, the uniform 
appraisal standards for Federal land acquisition.
    (b) Deadline and Dispute Resolution.--(1) If after two years from 
the date of enactment of this Act, the parties have not agreed upon the 
final terms of some or all of the exchanges authorized by this Act, 
including the value of the lands involved in some or all of such 
exchanges, notwithstanding any other provisions of law, any appropriate 
United States District Court, including but not limited to the United 
States District Court for the District of Utah, Central Division, shall 
have jurisdiction to hear, determine, and render judgment on the value 
of any and all lands, or interests therein, involved in the exchange.
    (2) No action provided for in this subsection may be filed with the 
Court sooner than two years and later than five years after the date of 
enactment of this Act. Any decision of a District Court under this Act 
may be appealed in accordance with the applicable laws and rules.
    (c) Adjustment.--If the State shares revenue from the selected 
Federal properties, the value of such properties shall be the value 
otherwise established under this section, less the percentage which 
represents the Federal revenue sharing obligation, but such adjustment 
shall not be considered as reflecting a property right of the State of 
Utah.
    (d) Interest.--Any royalty offer by the Secretary pursuant to 
subsection 7(b) shall be adjusted to reflect net present value as of 
the effective date of the exchange. The State shall be entitled to 
receive a reasonable rate of interest at a rate equivalent to a five-
year Treasury note on the balance of the value owed by the United 
States from the effective date of the exchange until full value is 
received by the State and mineral rights revert to the United States as 
prescribed by subsection 9(a)(3).

SEC. 9. TRANSFER OF TITLE.

    (a) Terms.--(1) The State of Utah shall be entitled to receive so 
much of those lands or interests in lands and additional royalties 
described in section 7 that are offered by the Secretary of the 
Interior and accepted by the State as are equal in value to the State 
lands and interests described in sections 2, 3, 5, and 6.
    (2) For those properties where fee simple title is to be conveyed 
to the State of Utah, the Secretary of the Interior shall convey, 
subject to valid existing rights, all right, title, and interest, 
subject to the provisions of subsection (b). For those properties where 
less than fee simple is to be conveyed to the State of Utah, the 
Secretary shall reserve to the United States all remaining right, 
title, and interest of the United States.
    (3) All right, title, and interest in any mineral rights described 
in section 7 that are conveyed to the State of Utah pursuant to this 
Act shall revert to the United States upon removal of minerals equal in 
value to the value attributed to such rights in connection with an 
exchange under this Act.
    (4) If the State of Utah accepts the offers provided for in this 
Act, the State shall convey to the United States, subject to valid 
existing rights, all right, title, and interest of the State to all 
school and institutional trust lands described in sections 2, 3, 5, and 
6 of this Act. Except as provided in section 7(b), conveyance of all 
lands or interests in lands shall take place within sixty days 
following agreement by the Secretary of the Interior and the Governor 
of the State of Utah, or entry of an appropriate order of judgment by 
the District Court.
    (b) Inspections.--Both parties shall inspect all pertinent records 
and shall conduct a physical inspection of the lands to be exchanged 
pursuant to this Act for the presence of any hazardous materials as 
presently defined by applicable law. The results of those inspections 
shall be made available to the parties. Responsibility for costs of 
remedial action related to materials identified by such inspections 
shall be borne by those entities responsible under existing law.
    (c) Conditions.--(1) With respect to the lands and interests 
described in section 7(a), enactment of this Act shall be construed as 
satisfying the provisions of section 206(a) of the Federal Land Policy 
and Management Act of 1976 requiring that exchanges of lands be in the 
public interest.
    (2) Development of any mineral interest transferred to the State of 
Utah pursuant to this Act shall be subject to all laws, rules, and 
regulations applicable to development of non-Federal mineral interests, 
including, where appropriate, laws, rules, and regulations applicable 
to such development within National Forests. Extraction of any coal 
resources described in section 7(a) shall occur only through 
underground coal mining operations.

SEC. 10. LEGAL DESCRIPTIONS.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, a map and legal description of the lands added to the 
Navajo and Goshute Indian Reservations and all lands exchanged under 
this Act shall be filed by the appropriate Secretary with the Committee 
on Natural Resources of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United States 
Senate, and each such map and description shall have the same force and 
effect as if included in this Act, except that the appropriate 
Secretary may correct clerical and typographical errors in each such 
legal description and map. Each such map and legal description shall be 
on file and available for public inspection in the offices of the 
Secretary of Agriculture and the Secretary of the Interior and the Utah 
offices of the appropriate agencies of the Department of the Interior 
and Department of Agriculture.
    (b) Pilt.--Section 6902(b) of title 31, United States Code, is 
amended by striking ``acquisition.'' and inserting in lieu thereof 
``acquisition, nor does this subsection apply to payments for lands in 
Utah acquired by the United States if at the time of such acquisition 
units, under applicable State law, were entitled to receive payments 
from the State for such lands, but in such case no payment under this 
chapter with respect to such acquired lands shall exceed the payment 
that would have been made under State law if such lands had not been 
acquired.''.
    (c) Intent.--The lands and interests described in section 7 are an 
offer related only to the State lands and interests described in this 
Act, and nothing in this Act shall be construed as precluding 
conveyance of other lands or interests to the State of Utah pursuant to 
other exchanges under applicable existing law or subsequent act of 
Congress. It is the intent of Congress that the State should establish 
a funding mechanism, or some other mechanism, to assure that counties 
within the State are treated equitably as a result of this exchange.
    (d) Costs.--The United States and the State of Utah shall each bear 
its own respective costs incurred in the implementation of this Act.
    (e) Definition.--As used in this Act, the term (1) ``School and 
Institutional Trust Lands'' means those properties granted by the 
United States in the Utah Enabling Act to the State of Utah in trust 
and other lands which under State law must be managed for the benefit 
of the public school system or the institutions of the State which are 
designated by the Utah Enabling Act; and (2) ``Secretary'' means the 
Secretary of the Interior; unless specifically defined otherwise.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
            Passed the Senate July 23 (legislative day, June 30), 1993.
            Attest:
                                                     WALTER J. STEWART,
                                                             Secretary.