[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2069 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2069
To authorize the exchange of certain land in Grand and Uintah Counties,
Utah, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2005
Mr. Cannon (for himself, Mr. Bishop of Utah, and Mr. Matheson)
introduced the following bill; which was referred to the Committee on
Resources
_______________________________________________________________________
A BILL
To authorize the exchange of certain land in Grand and Uintah Counties,
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 Recreational Land Exchange Act
of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the area surrounding the Colorado River in Grand
County, Utah, and Dinosaur National Monument and the Book
Cliffs in Uintah County, Utah, contains nationally recognized
scenic vistas, significant archaeological and historic
resources, valuable wildlife habitat, and outstanding
opportunities for public recreation that are enjoyed by
hundreds of thousands of people annually;
(2) the State of Utah owns multiple parcels of land in the
area that were granted to the State under the Act of July 16,
1894 (28 Stat. 107, chapter 138), to be held in trust for the
benefit of the public school system and other public
institutions of the State;
(3) the parcels of State trust land are largely scattered
in checkerboard fashion amid the Federal land comprising the
area of the Colorado River corridor, the Dinosaur National
Monument, and the Book Cliffs;
(4) the State trust land in the area of the Colorado River
corridor, Dinosaur National Monument, and the Book Cliffs
includes significant natural and recreational features,
including--
(A) portions of Westwater Canyon of the Colorado
River;
(B) the nationally recognized Kokopelli and
Slickrock trails;
(C) several of the largest natural rock arches in
the United States;
(D) multiple wilderness study areas and proposed
wilderness areas; and
(E) viewsheds for Arches National Park and Dinosaur
National Monument;
(5) the large presence of State trust land located in the
Colorado River corridor, Dinosaur National Monument, and the
Book Cliffs area makes land and resource management in the area
more difficult, costly, and controversial for the United States
and the State of Utah;
(6) although the State trust land was granted to the State
to generate financial support for public schools in the State
through the sale or development of natural resources,
development of those resources in the Colorado River corridor,
Dinosaur National Monument, and the Book Cliffs area may be
incompatible with managing the area for recreational, natural,
and scenic resources;
(7) the United States owns land and interests in land in
other parts of the State of Utah that can be transferred to the
State in exchange for the State trust land without jeopardizing
Federal management objectives or needs; and
(8) it is in the public interest to exchange federally
owned land in the State for the Utah State trust land located
in the Colorado River Corridor, Dinosaur National Monument, and
the Book Cliffs area, on terms that are fair to the United
States and the State of Utah.
(b) Purpose.--It is the purpose of this Act to authorize,
facilitate, and expedite the exchange of certain Federal land and non-
Federal land in the State to further the public interest by--
(1) exchanging Federal land that has limited recreational
and conservation resources; and
(2) acquiring State trust land with important recreational,
scenic, and conservation resources for permanent public
management and use.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately ____ acres of Federal land located in Grand and
Uintah Counties, Utah, as generally depicted on the map.
(2) Map.--The term ``map'' means the map entitled ``Utah
Recreational Land Exchange-Offered Lands'' and dated October
2004.
(3) Non-federal land.--The term ``non-Federal land''
means--
(A) the approximately ____ acres of State trust
land located in the Colorado River corridor in Grand
County, Utah, as generally depicted on the map;
(B) the approximately ____ acres of State trust
land located in the vicinity of Dinosaur National
Monument in Uintah County, Utah, as generally depicted
on the map; and
(C) the approximately ____ acres of State trust
land located in the vicinity of the Book Cliffs area in
Uintah County, Utah, as generally depicted on the map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Utah, as
trustee under the Utah State School and Institutional Trust
Lands Management Act (Utah Code Ann. 53c-1-101 et seq.).
SEC. 4. EXCHANGE OF LAND.
(a) In General.--If, not later than 30 days after the date of
enactment of this Act, the State offers to convey to the United States
title to the non-Federal land that is acceptable to the Secretary, the
Secretary shall--
(1) accept the offer; and
(2) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, simultaneously convey to
the State all right, title, and interest of the United States
in and to the Federal land.
(b) Conveyance of Individual Parcels.--Notwithstanding that
appraisals for all of the parcels of Federal land and non-Federal land
may not have been completed under section 5, individual parcels of
Federal land and non-Federal land may be exchanged under subsection (a)
at any time after the date on which the appraised values of the
individual parcels are approved under section 5(b)(4).
(c) Timing.--
(1) In general.--Except as provided in paragraph (2), the
exchange of land authorized by subsection (a) shall be
completed not later than 330 days after the date on which the
State makes the Secretary an offer to convey the non-Federal
land under that subsection.
(2) Extension.--The Secretary and the State may mutually
agree to extend the deadline specified in paragraph (1).
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.
(a) Equal Value Exchange.--The value of the Federal land and non-
Federal land to be exchanged under this Act--
(1) shall be approximately equal; or
(2) shall be made approximately equal in accordance with
subsection (c).
(b) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land shall be determined by appraisals conducted--
(A) using, where appropriate, comparable sales of
surface and subsurface property; and
(B) subject to paragraph (3), in accordance with--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions (2002);
(ii) the Uniform Standards of Professional
Appraisal Practice; and
(iii) section 206(d) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1716(d)).
(2) Selection of appraiser; costs.--The appraisals of the
Federal land and non-Federal land shall be conducted by 1 or
more independent third-party appraisers selected jointly by the
Secretary and the State. The United States and the State shall
share third-party appraisal costs equally.
(3) Requirements.--During the appraisal process, the
appraiser shall--
(A) consider comparable public and private sales
without regard to--
(i) whether the land was acquired for
conservation or preservation purposes; or
(ii) the nonprofit status of the entity
making the acquisition; and
(B) if value is attributed to the land because of
the presence of minerals subject to leasing under
Federal mineral leasing laws, adjust the value
proportionately to reflect Federal mineral revenue
sharing, subject to the condition that the Utah School
and Institutional Trust Lands Administration assume the
revenue sharing obligation of the United States with
respect to the land.
(4) Review and approval.--
(A) In general.--Not later than 120 days after the
date on which the appraiser is selected under paragraph
(2), the appraiser shall submit to the Secretary and
the State a copy of the completed appraisals for
review.
(B) Approval or disapproval.--Not later than 90
days after the date of receipt of an appraisal under
subparagraph (A), the Secretary and the State shall
independently approve or disapprove the appraisal.
(5) Determination of value.--
(A) Determination by secretary and state.--If the
Secretary and the State are unable to agree on the
value of a parcel of land, the value of the parcel may
be determined by the Secretary and the State in
accordance with paragraphs (2) and (4) of section
206(d) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(d)).
(B) Determination by court.--
(i) In general.--Notwithstanding any other
provision of law, if the Secretary and the
State have not agreed on the value of a parcel
by the date that is 1 year after the date of
enactment of this Act, a Federal district court
(including the United States District Court for
the District of Utah, Central Division) shall
have jurisdiction to determine the value of the
parcel.
(ii) Limitation.--An action to determine
the value of a parcel under clause (i) shall be
brought not earlier than 1 year, but not more
than 3 years, after the date of enactment of
this Act.
(c) Equalization of Values.--
(1) Surplus of non-federal land.--If after completion of
the appraisal and dispute resolution process under subsection
(b), the value of the non-Federal land exceeds the value of the
Federal land, the State shall remove parcels of non-Federal
land from the exchange until the value of the Federal land and
non-Federal land is approximately equal.
(2) Surplus of federal land.--If after completion of the
appraisal and dispute resolution process under subsection (b),
the value of the Federal land exceeds the value of the non-
Federal land, the value of the Federal land and non-Federal
land may be equalized by--
(A) the Secretary and the State removing parcels of
Federal land from the exchange until the value is
approximately equal; or
(B) the Secretary and the State adding additional
State trust land to the non-Federal land, if--
(i) the additional land has been appraised
in accordance with an ongoing Federal
acquisition process or program; and
(ii) the appraised value (as determined
under clause (i)) has been accepted by the
Secretary.
SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.
(a) Administration of Non-Federal Land.--
(1) In general.--Subject to paragraph (2) and in accordance
with section 206(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716(c)), the non-Federal acquired by
the United States under this Act shall become part of, and be
managed as part of, the Federal administrative unit or area in
which the land is located.
(2) Limitation.--The payment of mineral revenues from the
non-Federal land acquired under this Act shall be subject to
section 35 of the Mineral Leasing Act (30 U.S.C. 191).
(b) Withdrawal of Federal Land.--Subject to valid existing rights,
the Federal land is withdrawn from--
(1) disposition under the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of--
(A) the mineral leasing laws;
(B) the Geothermal Steam Act of 1970 (30 U.S.C.
1001 et seq.); and
(C) the first section of the Act of July 31, 1947
(commonly known as the ``Materials Act of 1947'') (30
U.S.C. 601).
(c) Grazing Permits.--
(1) In general.--If land acquired under this Act is subject
to a lease, permit, or contract for the grazing of domestic
livestock in effect on the date of acquisition, the person
acquiring the land shall allow the grazing to continue for the
remainder of the term of the lease, permit, or contract,
subject to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels, access
rights, and ownership and use of range improvements.
(2) Renewal.--To the extent allowed by Federal or State
law, on expiration of any grazing lease, permit, or contract
described in paragraph (1), the holder of the lease, permit, or
contract shall be entitled to a preference right to renew the
lease, permit, or contract.
(3) Cancellation.--Nothing in this Act prevents the State
from canceling a grazing permit, lease, or contract if the land
subject to the permit, lease, or contract is sold, conveyed,
transferred, or leased for non-grazing purposes by the State.
(4) Base properties.--If land conveyed by the State under
this Act is used by a grazing permittee or lessee to meet the
base property requirements for a Federal grazing permit or
lease, the land shall continue to qualify as a base property
for the remaining term of the lease or permit and the term of
any renewal or extension of the lease or permit.
(d) Hazardous Materials.--
(1) In general.--The Secretary and, as a condition of the
exchange, the State shall make available for review and
inspection any record relating to hazardous materials on the
land to be exchanged under this Act.
(2) Costs.--The costs of remedial actions relating to
hazardous materials on land acquired under this Act shall be
paid by those entities responsible for the costs under
applicable law.
(e) Historic Properties.--A conveyance of Federal land under this
Act shall not be considered to be an undertaking under section 106 of
the National Historic Preservation Act (16 U.S.C. 470f) if the Utah
State Antiquities Act (Utah Code Ann. 9-8-301 et seq.) is in effect on
the date of the conveyance of the Federal land.
(f) Provisions Relating to Federal Land.--The exchange of land
under this Act shall be considered to be in the public interest under
section 206(a) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(a)).
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