[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5318 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5318

To provide for an exchange of certain private property in Colorado and 
                   certain Federal property in Utah.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 4, 2002

  Mr. Duncan introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
To provide for an exchange of certain private property in Colorado and 
                   certain Federal property in Utah.

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

SECTION 1. PROPERTY EXCHANGE.

    (a) Authority.--If the owners of the land described in section 2(a) 
convey to the United States all right, title, and interest in and to 
that land, the Secretary of the Interior shall, immediately without 
limitation, convey to those owners all right, title, and interest of 
the United States in and to the land described in section 2(b), subject 
to section 3.
    (b) Exchange of Equal Value.--
            (1) In general.--The values of the lands exchanged under 
        this Act either shall be equal, or if they are not equal, the 
        values shall be equalized by--
                    (A) the payment of money to the owners of the land 
                described in section 2(a) or to the Secretary as 
                circumstances require; or
                    (B) upon the agreement of the parties, a decrease 
                in the amount of land conveyed.
            (2) Subject to appropriations.--The authority of the 
        Secretary to make any payment under this subsection is subject 
        to the availability of appropriations.
    (c) Appraisals.--
            (1) In general.--The values of the lands authorized to be 
        exchanged under this Act shall be determined by appraisals 
        using the appraisal standards set forth in the Uniform 
        Appraisal Standards for Federal Land Acquisitions, fifth 
        edition (December 20, 2000) and the Uniform Standards of 
        Professional Appraisal Practice. In accordance with part 
        254.9(a)(1) of title 36, Code of Federal Regulations, the 
        appraiser or appraisers shall be qualified and mutually 
        agreeable to the Secretary and the owners of the non-Federal 
        property to be exchanged.
            (2) Cost.--The Secretary and the owners of the non-Federal 
        property to be exchanged shall each be responsible for half of 
        the costs of the appraisals required under paragraph (1).

SEC. 2. PROPERTY DESCRIBED.

    (a) Private Land To Be Conveyed.--The land authorized to be 
conveyed to the United States under section 1 is the land located in 
Colorado and generally depicted on the map entitled ``____'', dated 
____.
    (b) United States Land To Be Conveyed.--The Federal land authorized 
to be conveyed under section 1 is the land located in Utah and 
generally depicted on the map entitled ``____'', dated ____.

SEC. 3. CONDITION OF CONVEYANCE BY UNITED STATES.

    As a condition of any conveyance of an interest in land by the 
United States under this section, the Secretary shall require that--
            (1) the person to which the interest is conveyed shall 
        convey to the State of Utah, by not later than 2 years after 
        the date of the conveyance by the United States, a conservation 
        easement to protect cultural resources and natural resources 
        located on the land, that is required to be administered by the 
        State of Utah Department of Natural Resources Division of 
        Wildlife Resources (or any successor to the conservation 
        functions of that division); and
            (2) if the person fails to convey a conservation easement 
        in accordance with paragraph (1)--
                    (A) all right, title, and interest conveyed by the 
                United States under this Act shall revert to the United 
                States; and
                    (B) all right, title, and interest conveyed to the 
                United States under this Act shall revert to the person 
                that made such conveyance to the United States.

SEC. 4. JURISDICTION OF LAND CONVEYED TO THE UNITED STATES.

    Land conveyed to the United States pursuant this Act shall be under 
the administrative jurisdiction of the Bureau of Land Management.
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