[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1135 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1135

To authorize the exchange of certain land in Grand and Uintah Counties, 
                     Utah, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

Mr. Bennett (for himself and Mr. Hatch) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural 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-Federal and Non-Federal Lands'' and 
        dated February 9, 2005.
            (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)(5).
    (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;
                            (iii) section 206(d) of the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1716(d)); and
                            (iv) section 2201.3-2 of title 43, Code of 
                        Federal Regulations (or successor regulations).
            (2) Selection of appraiser.--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.
            (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) Costs.--The Secretary and the State shall share third 
        party appraisal costs equally.
            (5) 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.
            (6) 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 land 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 by the United States 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 party 
        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 a party to 
        a grazing permit, lease, or contract from canceling the 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 party.
            (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.) or a similar 
State law 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)).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>