[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1838 Referred in Senate (RFS)]

  1st Session
                                H. R. 1838


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1995

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT


 
To provide for an exchange of lands with the Water Conservancy District 
                      of Washington County, Utah.

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

SECTION 1. EXCHANGE OF LANDS WITH THE WATER CONSERVANCY DISTRICT OF 
              WASHINGTON COUNTY, UTAH.

    (a) In General.--Subject to the provisions of this Act, if within 
18 months after the date of the enactment of this Act, the Water 
Conservancy District of Washington
County, Utah, offers to transfer to the United States all right, title, 
and interest of the District in and to the Bulloch Site, the Secretary 
of the Interior shall, in exchange, transfer to the District all right, 
title, and interest of the United States in and to the Sand Hollow 
Site, the Quail Creek Pipeline and Quail Creek Reservoir, subject to 
valid existing rights.
    (b) Water Rights Associated With the Bulloch Site.--The water 
rights associated with the Bulloch Site shall not be included in the 
transfer under subsection (a) but shall be subject to an agreement 
between the District and the Secretary that the water remain in the 
Virgin River as an instream flow from the Bulloch Site to the diversion 
point of the District at the Quail Creek Reservoir.
    (c) Withdrawal of Mineral Interests.--Subject to valid existing 
rights, the mineral interests underlying the Sand Hollow Site, the 
Quail Creek Reservoir, and the Quail Creek Pipeline are hereby 
withdrawn from disposition under the public land laws and from 
location, entry, and patent under the mining laws of the United States, 
from the operation of the mineral leasing laws of the United States, 
from the operation of the Geothermal Steam Act of 1970, and from the 
operation of the Act of July 31, 1947, commonly known as the 
``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
    (d) Grazing.--The exchange of lands under subsection (a) shall be 
subject to agreement by the District to continue to permit the grazing 
of domestic livestock on the Sand Hollow Site under the terms and 
conditions of existing Federal grazing leases or permits, except that 
the District, upon terminating any such lease or permit, shall fully 
compensate the holder of the terminated lease or permit.

SEC. 2. EQUALIZATION OF VALUES.

    The value of the lands transferred out of Federal ownership under 
section 1 either shall be equal to the value of the lands received by 
the Secretary under section 1 or, if not, shall be equalized by--
            (1) to the extent possible, transfer of all right, title, 
        and interest of the District in and to lands in Washington 
        County, Utah, and water rights of the District associated 
        thereto, which are within the area providing habitat for the 
        desert tortoise, as determined by the Director of the Bureau of 
        Land Management;
            (2) transfer of all right, title, and interest of the 
        District in and to lands in the Smith Site and water rights of 
        the District associated thereto; and
            (3) the payment of money of the Secretary, to the extent 
        that lands and rights transferred under paragraphs (1) and (2) 
        are not sufficient to equalize the values of the lands 
        exchanged under section 1.

SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED STATES.

    Lands acquired by the Secretary under this Act shall be 
administered by the Secretary, acting through the Director of the 
Bureau of Land Management, in accordance with the provisions of law 
generally applicable to the public lands, including the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).

SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

    The exchange of lands under this Act is not subject to section 102 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).

SEC. 5. DEFINITIONS.

    As used in this Act:
            (1) District.--The term ``District'' means the Water 
        Conservancy District of Washington County, Utah.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Bulloch site.--The term ``Bulloch Site'' means the 
        lands located in Kane County, Utah, adjacent to Zion National 
        Park, more particularly described as follows:
  

                              BULLOCH SITE                              
                                                                        
                                                                        
                                  Section                        Acres  
T 39 S R 9 W (Private)                   32  S\1/2\                  320
                                         33  SW\1/4\, S\1/2\         180
                                              SW\1/4\ NW\1/4\           
                                                              ----------
                                                 Total               500
                                                              ----------
                                                                        
T 40 S R 9 W (State)                      5  S\1/2\, SW\1/4\         400
                                              NE\1/4\, NE\1/            
                                              4\ NE\1/4\                
                                          6  S\1/2\, NE\1/4\         480
                                                              ----------
                                                 Total               880
                                                              ----------
                                                 GRAND TOTAL       1,380
                                                                        

            (4) Sand hollow site.--The term ``Sand Hollow Site'' means 
        the lands located in Washington County, Utah, more particularly 
        described as follows:
  

                       SAND HOLLOW RESERVOIR SITE                       
                                                                        
                                                                        
                                  Section                        Acres  
T 42 S R 14 W                            13  SW\1/4\                 160
                                         23  E\1/2\, E\1/2\          480
                                              W\1/2\                    
                                         24  All                     640
                                         26  NE\1/4\, E\1/2\         320
                                              NW\1/4\, N\1/2\           
                                              SE\1/2\                   
                                         25  All                     640
T 42 S R 13 W                            19  W\1/2\, SW\1/4\         360
                                              SE\1/4\                   
                                         30  W\1/2\, W\1/2\          400
                                              NE\1/4\                   
                                                              ----------
                                                 GRAND TOTAL       3,000
                                                                        

            (5) Quail creek pipeline.--The term ``Quail Creek 
        Pipeline'' means the lands located in Washington County, Utah, 
        more particularly described as follows:
  

                          QUAIL CREEK PIPELINE                          
                                                                        
                                                                        
                                  Section                        Acres  
T 41 S R 12 W                            30  NW\1/4\ NW\1/4\          40
River-pipeline                                                          
                                                              ----------
                                                 Total                40
                                                                        

            (6) Quail creek reservoir.--The term ``Quail Creek 
        Reservoir'' means the lands located in Washington County, Utah, 
        more particularly described as follows:
  

                          QUAIL CREEK RESERVOIR                         
                                                                        
                                                                        
                                  Section                        Acres  
T 41 S R 14 W                            23  Tract 38               9.51
                                         23  Lot 2                 40.00
                                         23  SW\1/4\ SW\1/4\        2.50
                                              SE\1/4\ SE\1/4\           
                                                              ----------
                                                 Total             52.01
                                                                        
                                         25  W\1/2\ SW\1/4\           20
                                              NW\1/4\                   
                                         25  SE\1/4\ SW\1/4\          10
                                              NW\1/4\                   
                                         25  W\1/2\ SE\1/4\            5
                                              SE\1/4\ NW\1/4\           
                                         25  NW\1/4\ SW\1/4\          40
                                         25  W\1/2\ W\1/2\            10
                                              NE\1/4\ SW\1/4\           
                                                              ----------
                                                 Total                85
                                                                        
                                         26  Lot 1                 15.97
                                         26  Lot 8                 40.00
                                         26  Lot 12                17.45
                                         26  Lot 15                42.23
                                         26  Lot 16                42.39
                                         26  SE\1/4\ NE\1/4\       40.00
                                                              ----------
                                                 Total            198.04
                                                                        
                                         35  E\1/2\ E\1/2\         40.00
                                              NW\1/4\                   
                                         35  SW\1/4\ NE\1/4\       40.00
                                         35  W\1/2\ SE\1/4\        20.00
                                              NE\1/4\                   
                                         35  NE\1/4\ SE\1/4\       10.00
                                              NE\1/4\                   
                                         35  N\1/2\ NW\1/4\        20.00
                                              SE\1/4\                   
                                         35  NW\1/4\ NE\1/4\       10.00
                                              SE\1/4\                   
                                         35  N\1/2\ SE\1/4\         5.00
                                              NW\1/4\ SE\1/4\           
                                                              ----------
                                                 Total            145.00
                                                              ----------
                                                 Grand Total      480.05
                                                                        

            (7) Smith site.--The term ``Smith Site'' means the lands 
        located in Washington County, Utah, adjacent to Zion National 
        Park and more particularly described as follows:
  

                             SMITH PROPERTY                             
                                                                        
                                                                        
                                       Section                          
T 40 S R 11 W                                  5  Lots 3, 4, 5, 6, 7, 8,
                                                   9, 10, & 11 E\1/2\   
                                                   SW\1/4\, SE\1/4\ NW\1/
                                                   4\                   
                                               6  Lot 1, S\1/2\, NE\1/4\
                                                   and beginning at a   
                                                   point 2 rods west of 
                                                   the northeast corner 
                                                   of the northeast     
                                                   quarter of the       
                                                   southeast quarter;   
                                                   thence east 2 rods;  
                                                   thence south 80 rods;
                                                   thence west 16 rods; 
                                                   thence in a          
                                                   northeasterly        
                                                   direction to the     
                                                   point of beginning   
                                               8  E\1/2\ NW\1/4\, E\1/2\
                                                   SW\1/4\ and lots 1 & 
                                                   2 excepting the south
                                                   1200 feet of the SE\1/
                                                   4\ SW\1/4\           
T 39 S R 11 W                                 30  W\1/2\ NE\1/4\, W\1/2\
                                                   SE\1/4\, SE\1/4\ SW\1/
                                                   4\, W\1/2\ SE\1/4\   
                                                   NE\1/4\, W\1/2\ E\1/ 
                                                   2\ SE\1/4\           
                                              31  E\1/2\, E\1/2\ SW\1/4\
                                                   and lots 3 & 4       
                                              32  SW\1/4\               
                                                  Containing 1,550 acres
                                                   more or less         
                                                                        

            Passed the House of Representatives November 7, 1995.
            Attest:
                                                        ROBIN H. CARLE,
                                                                 Clerk.