[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 390 Reported in Senate (RS)]






                                                       Calendar No. 973
110th CONGRESS
  2d Session
                                 S. 390

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2007

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

                           September 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To direct the exchange of certain land in Grand, San Juan, 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Utah Recreational Land 
Exchange Act of 2007''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the area surrounding the Colorado River in 
        Grand and San Juan Counties, 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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) portions of Westwater Canyon of the 
                Colorado River;</DELETED>
                <DELETED>    (B) the nationally recognized Kokopelli 
                and Slickrock trails;</DELETED>
                <DELETED>    (C) several of the largest natural rock 
                arches in the United States;</DELETED>
                <DELETED>    (D) multiple wilderness study areas and 
                proposed wilderness areas; and</DELETED>
                <DELETED>    (E) viewsheds for Arches National Park and 
                Dinosaur National Monument;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Purpose.--It is the purpose of this Act to direct, 
facilitate, and expedite the exchange of certain Federal land and non-
Federal land in the State to further the public interest by--</DELETED>
        <DELETED>    (1) exchanging Federal land that has limited 
        recreational and conservation resources; and</DELETED>
        <DELETED>    (2) acquiring State trust land with important 
        recreational, scenic, and conservation resources for permanent 
        public management and use.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Federal land.--The term ``Federal land'' means 
        the land located in Grand, San Juan, and Uintah Counties, Utah, 
        that is identified on the maps as--</DELETED>
                <DELETED>    (A) ``BLM Subsurface only Proposed for 
                Transfer to State Trust Lands'';</DELETED>
                <DELETED>    (B) ``BLM Surface only Proposed for 
                Transfer to State Trust Lands''; and</DELETED>
                <DELETED>    (C) ``BLM Lands Proposed for Transfer to 
                State Trust Lands''.</DELETED>
        <DELETED>    (2) Grand county map.--The term ``Grand County 
        Map'' means the map prepared by the Bureau of Land Management 
        entitled ``Utah Recreational Land Exchange Act Grand County'' 
        and dated [</DELETED>____<DELETED>].</DELETED>
        <DELETED>    (3) Maps.--The term ``maps'' means the Grand 
        County Map and the Uintah County Map.</DELETED>
        <DELETED>    (4) Non-federal land.--The term ``non-Federal 
        land'' means the land in Grand, San Juan, and Uintah Counties, 
        Utah, that is identified on the maps as--</DELETED>
                <DELETED>    (A) ``State Trust Land Proposed for 
                Transfer to BLM''; and</DELETED>
                <DELETED>    (B) ``State Trust Minerals Proposed for 
                Transfer to BLM''.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (6) 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.).</DELETED>
        <DELETED>    (7) Uintah county map.--The term ``Uintah County 
        Map'' means the map prepared by the Bureau of Land Management 
        entitled ``Utah Recreational Land Exchange Act Uintah County'' 
        and dated [</DELETED>____<DELETED>].</DELETED>

<DELETED>SEC. 4. EXCHANGE OF LAND.</DELETED>

<DELETED>    (a) In General.--Notwithstanding any other provision of 
law, 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, the Secretary shall--</DELETED>
        <DELETED>    (1) accept the offer; and</DELETED>
        <DELETED>    (2) on receipt of acceptable title to the non-
        Federal land and subject to valid existing rights, convey to 
        the State all right, title, and interest of the United States 
        in and to the Federal land.</DELETED>
<DELETED>    (b) Conveyance of Parcels in Phases.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding that appraisals 
        for all of the parcels of Federal land and non-Federal land may 
        not have been completed under section 5, parcels of the Federal 
        land and non-Federal land may be exchanged under subsection (a) 
        in 3 phases beginning on the date on which the appraised values 
        of the parcels included in the the applicable phase are 
        approved under section 5(b)(5).</DELETED>
        <DELETED>    (2) Phases.--The 3 phases referred to in paragraph 
        (1) are--</DELETED>
                <DELETED>    (A) phase 1, consisting of the non-Federal 
                land identified as ``phase one'' land on the Grand 
                County Map;</DELETED>
                <DELETED>    (B) phase 2, consisting of the non-Federal 
                land identified as ``phase two'' land on the Grand 
                County Map and the Uintah County Map; and</DELETED>
                <DELETED>    (C) phase 3, consisting of any remaining 
                non-Federal land that is not identified as ``phase 
                one'' land or ``phase two'' land on the Grand County 
                Map or the Uintah County Map.</DELETED>
        <DELETED>    (3) No agreement on exchange.--If agreement has 
        not been reached with respect to the exchange of an individual 
        parcel of Federal land or non-Federal land, the Secretary and 
        the State may agree to set aside the individual parcel to allow 
        the exchange of the other parcels of Federal land and non-
        Federal land to proceed.</DELETED>
<DELETED>    (c) Appurtenant Water Rights.--Any conveyance of a parcel 
of Federal land or non-Federal land under this Act shall include the 
conveyance of water rights appurtenant to the parcel 
conveyed.</DELETED>
<DELETED>    (d) Timing.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraphs 
        (2) and (3), 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.</DELETED>
        <DELETED>    (2) Exception.--The deadline established under 
        paragraph (1) shall not apply to a parcel of land, the value of 
        which is being determined under section 5(b)(6)(C).</DELETED>
        <DELETED>    (3) Extension.--The Secretary and the State may 
        mutually agree to extend the deadline specified in paragraph 
        (1).</DELETED>

<DELETED>SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND 
              EQUALIZATION.</DELETED>

<DELETED>    (a) Equal Value Exchange.--The value of the Federal land 
and non-Federal land to be exchanged under this Act--</DELETED>
        <DELETED>    (1) shall be equal; or</DELETED>
        <DELETED>    (2) shall be made equal in accordance with 
        subsection (c).</DELETED>
<DELETED>    (b) Appraisals.--</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        the non-Federal land shall be determined by appraisals 
        conducted in accordance with--</DELETED>
                <DELETED>    (A) section 206(d) of the Federal Land 
                Policy and Management Act of 1976 (43 U.S.C. 1716(d)); 
                and</DELETED>
                <DELETED>    (B) section 2201.3 of title 43, Code of 
                Federal Regulations (or successor 
                regulations).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Costs.--</DELETED>
                <DELETED>    (A) In general.--The Secretary and the 
                State shall share third-party appraisal costs 
                equally.</DELETED>
                <DELETED>    (B) Adjustment.--The Secretary and the 
                State may agree to adjust the relative value of the 
                Federal land and non-Federal land to be exchanged under 
                this Act if the Secretary or the State has paid a 
                disproportionate share of the third-party appraisal 
                costs.</DELETED>
        <DELETED>    (4) Valuation of unleased federal land; revenue 
        sharing.--</DELETED>
                <DELETED>    (A) In general.--Any parcel of Federal 
                land that, as of the date of appraisal, is not leased 
                under the Mineral Leasing Act (30 U.S.C. 181 et seq.), 
                shall be appraised without regard to the presence of 
                minerals subject to lease under that Act, if, after 
                conveyance of the applicable parcel to the State, the 
                State agrees to pay to the United States--</DELETED>
                        <DELETED>    (i) 50 percent of any bonus or 
                        rental payments (in the form of money or other 
                        consideration) that the State receives for the 
                        disposition of any interest in the minerals 
                        after the date of conveyance; and</DELETED>
                        <DELETED>    (ii) an amount equal to--
                        </DELETED>
                                <DELETED>    (I) the fraction of gross 
                                proceeds from mineral production (in 
                                the form of money or other 
                                consideration) to which the United 
                                States would have been entitled as a 
                                production royalty if the land had 
                                been--</DELETED>
                                        <DELETED>    (aa) retained by 
                                        the United States; 
                                        and</DELETED>
                                        <DELETED>    (bb) leased under 
                                        the provisions of that Act in 
                                        effect on the date of this Act; 
                                        minus</DELETED>
                                <DELETED>    (II) the portion of 
                                production royalties that would 
                                otherwise be payable to the State under 
                                section 35 of the Mineral Leasing Act 
                                (30 U.S.C. 191).</DELETED>
                <DELETED>    (B) Obligation as covenant.--The 
                obligation of the State to pay bonus, rental, and 
                royalty revenues to the United States under 
                subparagraph (A) shall be a permanent covenant running 
                with the applicable parcel of Federal land conveyed to 
                the State.</DELETED>
        <DELETED>    (5) Review and approval.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (6) Determination of value.--</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (B) Valuation of leased federal land.--
                </DELETED>
                        <DELETED>    (i) In general.--If value is 
                        attributed to any parcel of Federal land 
                        because of the presence of minerals subject to 
                        leasing under the Mineral Leasing Act (30 
                        U.S.C. 191 et seq.), and the parcel is subject 
                        to an existing lease under that Act, the value 
                        of the parcel shall be equal to the value of 
                        the parcel as determined under this section, as 
                        adjusted under clause (ii).</DELETED>
                        <DELETED>    (ii) Adjustment.--</DELETED>
                                <DELETED>    (I) In general.--The value 
                                of the parcel subject to a lease under 
                                clause (i) shall be reduced by the 
                                percentage of the Federal revenue 
                                sharing obligation under section 35(a) 
                                of the Mineral Leasing Act (30 U.S.C. 
                                191(a)).</DELETED>
                                <DELETED>    (II) No property right.--
                                An adjustment under subclause (I) shall 
                                not be considered to be a property 
                                right of the State.</DELETED>
                <DELETED>    (C) Determination by court.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (D) Availability of appraisals.--
                </DELETED>
                        <DELETED>    (i) In general.--All final 
                        appraisals, appraisal reviews, and 
                        determinations of value for land to be 
                        exchanged under this Act shall be available for 
                        public review at the Utah State Office of the 
                        Bureau of Land Management at least 30 days 
                        before the conveyance of the applicable 
                        parcels.</DELETED>
                        <DELETED>    (ii) Publication.--The Secretary 
                        shall publish in a newspaper of general 
                        circulation in Salt Lake County, Utah, a notice 
                        that the appraisals are available for public 
                        inspection.</DELETED>
<DELETED>    (c) Equalization of Values.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Secretary may, to the extent 
                consistent with other applicable laws (including 
                regulations), offer to convey to the State, in partial 
                exchange for the non-Federal land, any Federal land in 
                the State that--</DELETED>
                        <DELETED>    (i) is mutually selected by the 
                        Secretary and the State;</DELETED>
                        <DELETED>    (ii) the Secretary has identified 
                        as suitable for disposal in a resource 
                        management plan prepared under the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1701 et seq.); or</DELETED>
                <DELETED>    (B) the State, after consultation with the 
                Secretary, may remove parcels of non-Federal land from 
                the exchange until the value of the Federal land and 
                non-Federal land is equal.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Secretary, after consultation with 
                the State, removing parcels of Federal land from the 
                exchange until the value is equal; or</DELETED>
                <DELETED>    (B) the Secretary and the State adding 
                additional State trust land to the non-Federal land, 
                if--</DELETED>
                        <DELETED>    (i) the additional land has been 
                        appraised in accordance with an ongoing Federal 
                        acquisition process or program; and</DELETED>
                        <DELETED>    (ii) the appraised value (as 
                        determined under clause (i)) has been accepted 
                        by the Secretary.</DELETED>
        <DELETED>    (3) Notice and public inspection.--</DELETED>
                <DELETED>    (A) In general.--If the Secretary and the 
                State determine to add or remove land from the 
                exchange, the Secretary shall--</DELETED>
                        <DELETED>    (i) publish in a newspaper of 
                        general circulation in Salt Lake County, Utah, 
                        a notice that identifies when and where a 
                        revised exchange map will be available for 
                        public inspection; and</DELETED>
                        <DELETED>    (ii) transmit to the Committee on 
                        Energy and Natural Resources of the Senate and 
                        the Committee on Resources of the House of 
                        Representatives a copy of the revised exchange 
                        map.</DELETED>
                <DELETED>    (B) Limitation.--The Secretary and the 
                State shall not add or remove land from the exchange 
                until at least 20 days after the date on which the 
                notice is published under subparagraph (A)(i) and the 
                map is transmitted under subparagraph 
                (A)(ii).</DELETED>
<DELETED>    (d) Resource Report.--</DELETED>
        <DELETED>    (1) In general.--With respect to each parcel of 
        Federal land to be conveyed to the State, the Secretary shall 
        prepare a report, based on resource inventories and information 
        in existence on the date on which the report is prepared, that 
        identifies any significant resource values, issues, or 
        management concerns associated with the parcel.</DELETED>
        <DELETED>    (2) Notice and inspection.--A report shall be 
        subject to the public notice and inspection in accordance with 
        subsection (b)(6)(D).</DELETED>

<DELETED>SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER 
              EXCHANGE.</DELETED>

<DELETED>    (a) Administration of Non-Federal Land.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Mineral leasing and occupancy.--</DELETED>
                <DELETED>    (A) In general.--Subject to valid existing 
                rights, the non-Federal land acquired by the United 
                States under this Act shall be withdrawn from the 
                operation of the mineral leasing and mineral material 
                disposal laws until the later of--</DELETED>
                        <DELETED>    (i) the date that is 2 years after 
                        the date of enactment of this Act; or</DELETED>
                        <DELETED>    (ii) the date on which the Record 
                        of Decision authorizing the implementation of 
                        the applicable resource management plans under 
                        section 202 of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1712) is 
                        signed.</DELETED>
                <DELETED>    (B) Exception.--Any land identified on the 
                maps as ``Withdrawal Parcels'' is withdrawn from the 
                operation of the mineral leasing and mineral material 
                disposal laws.</DELETED>
        <DELETED>    (3) Receipts.--</DELETED>
                <DELETED>    (A) In general.--Any receipts derived from 
                the non-Federal land acquired under this Act shall be 
                paid into the general fund of the Treasury.</DELETED>
                <DELETED>    (B) Applicable law.--Mineral receipts from 
                the non-Federal land acquired under this Act shall not 
                be subject to section 35 of the Mineral Leasing Act (30 
                U.S.C. 191).</DELETED>
<DELETED>    (b) Withdrawal of Federal Land Prior to Exchange.--Subject 
to valid existing rights, during the period beginning on the date of 
enactment of this Act and ending on the earlier of the date that is 3 
years after the date of enactment of this Act or the date on which the 
Federal land is conveyed under this Act, the Federal land is withdrawn 
from--</DELETED>
        <DELETED>    (1) disposition (other than disposition under 
        section 4) under the public land laws;</DELETED>
        <DELETED>    (2) location, entry, and patent under the mining 
        laws; and</DELETED>
        <DELETED>    (3) the operation of--</DELETED>
                <DELETED>    (A) the mineral leasing laws;</DELETED>
                <DELETED>    (B) the Geothermal Steam Act of 1970 (30 
                U.S.C. 1001 et seq.); and</DELETED>
                <DELETED>    (C) the first section of the Act of July 
                31, 1947 (commonly known as the ``Materials Act of 
                1947'') (30 U.S.C. 601).</DELETED>
<DELETED>    (c) Grazing Permits.--</DELETED>
        <DELETED>    (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 or entity 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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Cancellation.--</DELETED>
                <DELETED>    (A) In general.--Nothing in this Act 
                prevents the Secretary or the State from canceling or 
                modifying a grazing permit, lease, or contract if the 
                land subject to the permit, lease, or contract is sold, 
                conveyed, transferred, or leased for nongrazing 
                purposes by the party.</DELETED>
                <DELETED>    (B) Limitation.--Except to the extent 
                reasonably necessary to accommodate surface operations 
                in support of mineral development, the Secretary or the 
                State shall not cancel or modify a grazing permit, 
                lease, or contract because the land subject to the 
                permit, lease, or contract has been leased for mineral 
                development.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Hazardous Materials.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) 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)).</DELETED>

<DELETED>SEC. 7. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Utah Recreational Land Exchange Act 
of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the land 
        located in Grand, San Juan, and Uintah Counties, Utah, that is 
        identified on the maps as--
                    (A) ``BLM Subsurface only Proposed for Transfer to 
                State Trust Lands'';
                    (B) ``BLM Surface only Proposed for Transfer to 
                State Trust Lands''; and
                    (C) ``BLM Lands Proposed for Transfer to State 
                Trust Lands''.
            (2) Grand county map.--The term ``Grand County Map'' means 
        the map prepared by the Bureau of Land Management entitled 
        ``Utah Recreational Land Exchange Act Grand County'', dated 
        October 3, 2007, and relating to the exchange of Federal land 
        and non-Federal land in Grand and San Juan Counties, Utah.
            (3) Maps.--The term ``maps'' means the Grand County Map and 
        the Uintah County Map.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the land in Grand, San Juan, and Uintah Counties, Utah, that is 
        identified on the maps as--
                    (A) ``State Trust Land Proposed for Transfer to 
                BLM''; and
                    (B) ``State Trust Minerals Proposed for Transfer to 
                BLM''.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) 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.).
            (7) Uintah county map.--The term ``Uintah County Map'' 
        means the map prepared by the Bureau of Land Management 
        entitled ``Utah Recreational Land Exchange Act Uintah County'', 
        dated October 3, 2007, and relating to the exchange of Federal 
        land and non-Federal land in Uintah County, Utah.

SEC. 3. EXCHANGE OF LAND.

    (a) In General.--If the State offers to convey to the United States 
title to the non-Federal land, the Secretary shall--
            (1) accept the offer; and
            (2) on receipt of all right, title, and interest of the 
        State in and to the non-Federal land, convey to the State all 
        right, title, and interest of the United States in and to the 
        Federal land.
    (b) Conditions.--The exchange authorized under subsection (a) shall 
be subject to--
            (1) valid existing rights;
            (2) except as otherwise provided by this Act--
                    (A) section 206 of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1716); and
                    (B) any other applicable laws; and
            (3) any additional terms and conditions that the Secretary 
        and the State mutually determine to be appropriate.
    (c) Title Approval.--Title to the Federal land and non-Federal land 
to be exchanged under this section shall be in a format acceptable to 
the Secretary and the State.
    (d) Appraisals.--
            (1) In general.--The value of the Federal land and the non-
        Federal land shall be determined by appraisals conducted by 1 
        or more independent appraisers selected jointly by the 
        Secretary and the State.
            (2) Applicable law.--The appraisals conducted under 
        paragraph (1) shall be conducted in accordance with section 206 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716).
            (3) Approval.--The appraisals conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
            (4) Adjustment.--
                    (A) In general.--If value is attributed to any 
                parcel of Federal land because of the presence of 
                minerals subject to leasing under the Mineral Leasing 
                Act (30 U.S.C. 181 et seq.), the value of the parcel 
                (as otherwise established under this section) shall be 
                reduced by the percentage of the Federal revenue 
                sharing with a State under section 35(a) of the Mineral 
                Leasing Act (30 U.S.C. 191(a)).
                    (B) Limitation.--An adjustment under subparagraph 
                (A) shall not be considered as a property right of the 
                State.
            (5) Availability of appraisals.--
                    (A) In general.--All final appraisals, appraisal 
                reviews, and determinations of value for land to be 
                exchanged under this Act shall be available for public 
                review at the Utah State Office of the Bureau of Land 
                Management at least 30 days before the conveyance of 
                the applicable parcels.
                    (B) Publication.--The Secretary or the State, as 
                applicable, shall publish in a newspaper of general 
                circulation in Salt Lake County, Utah, a notice that 
                the appraisals are available for public inspection.
    (e) Conveyance of Parcels in Phases.--
            (1) In general.--Notwithstanding that appraisals for all of 
        the parcels of Federal land and non-Federal land may not have 
        been approved under subsection (d)(3), parcels of the Federal 
        land and non-Federal land may be exchanged under subsection (a) 
        in 3 phases beginning on the date on which the appraised values 
        of the parcels included in the applicable phase are approved 
        under this subsection.
            (2) Phases.--The 3 phases referred to in paragraph (1) 
        are--
                    (A) phase 1, consisting of the non-Federal land 
                identified as ``phase one'' land on the Grand County 
                Map;
                    (B) phase 2, consisting of the non-Federal land 
                identified as ``phase two'' land on the Grand County 
                Map and the Uintah County Map; and
                    (C) phase 3, consisting of any remaining non-
                Federal land that is not identified as ``phase one'' 
                land or ``phase two'' land on the Grand County Map or 
                the Uintah County Map.
            (3) No agreement on exchange.--If agreement has not been 
        reached with respect to the exchange of an individual parcel of 
        Federal land or non-Federal land, the Secretary and the State 
        may agree to set aside the individual parcel to allow the 
        exchange of the other parcels of Federal land and non-Federal 
        land to proceed.
            (4) Timing.--It is the intent of Congress that at least the 
        first phase of the exchange of land authorized by subsection 
        (a) be completed not later than 360 days after the date on 
        which the State makes the Secretary an offer to convey the non-
        Federal land under that subsection.
    (f) Reservation of Interest in Oil Shale.--
            (1) In general.--With respect to Federal land that contains 
        oil shale resources, the Secretary shall reserve an interest in 
        the portion of the mineral estate that contains the oil shale 
        resources.
            (2) Extent of interest.--The interest reserved by the 
        United States under paragraph (1) shall consist of--
                    (A) 50 percent of any bonus bid or other payment 
                received by the State as consideration for securing any 
                lease or authorization to develop oil shale resources;
                    (B) the amount that would have been received by the 
                Federal Government under the applicable royalty rate if 
                the oil shale resources had been retained in Federal 
                ownership; and
                    (C) 50 percent of any other payment received by the 
                State pursuant to any lease or authorization to develop 
                the oil shale resources.
            (3) Payment.--Any amounts due under paragraph (2) shall be 
        paid by the State to the United States not less than quarterly.
            (4) No obligation to lease.--The State shall not be 
        obligated to lease or otherwise develop oil shale resources in 
        which the United States retains an interest under this 
        subsection.
            (5) Valuation.--Federal land in which the Secretary 
        reserves an interest under this subsection shall be appraised--
                    (A) without regard to the presence of oil shale; 
                and
                    (B) in accordance with subsection (d).
    (g) Withdrawal of Federal Land Prior to Exchange.--Subject to valid 
existing rights, during the period beginning on the date of enactment 
of this Act and ending on the earlier of the date that the Federal land 
is removed from the exchange or the date on which the Federal land is 
conveyed under this Act, the Federal land is withdrawn from--
            (1) disposition (other than disposition under section 4) 
        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).
    (h) Appurtenant Water Rights.--Any conveyance of a parcel of 
Federal land or non-Federal land under this Act shall include the 
conveyance of water rights appurtenant to the parcel conveyed.
    (i) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this Act--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--If the value of the 
                Federal land exceeds the value of the non-Federal land, 
                the value of the Federal land and non-Federal land 
                shall be equalized, as determined to be appropriate and 
                acceptable by the Secretary and the State--
                            (i) by reducing the acreage of the Federal 
                        land to be conveyed; or
                            (ii) by adding additional State land to the 
                        non-Federal land to be conveyed.
                    (B) Surplus of non-federal land.--If the value of 
                the non-Federal land exceeds the value of the Federal 
                land, the value of the Federal land and non-Federal 
                land shall be equalized by reducing the acreage of the 
                non-Federal land to be conveyed, as determined to be 
                appropriate and acceptable by the Secretary and the 
                State.
            (3) Notice and public inspection.--
                    (A) In general.--If the Secretary and the State 
                determine to add or remove land from the exchange, the 
                Secretary or the State shall--
                            (i) publish in a newspaper of general 
                        circulation in Salt Lake County, Utah, a notice 
                        that identifies when and where a revised 
                        exchange map will be available for public 
                        inspection; and
                            (ii) transmit to the Committee on Natural 
                        Resources of the House of Representatives and 
                        the Committee on Energy and Natural Resources 
                        of the Senate a copy of the revised exchange 
                        map.
                    (B) Limitation.--The Secretary and the State shall 
                not add or remove land from the exchange until at least 
                30 days after the date on which the notice is published 
                under subparagraph (A)(i) and the map is transmitted 
                under subparagraph (A)(ii).

SEC. 4. 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) Mineral leasing and occupancy.--
                    (A) In general.--Subject to valid existing rights, 
                the non-Federal land acquired by the United States 
                under this Act shall be withdrawn from the operation of 
                the mineral leasing laws until the later of--
                            (i) the date that is 2 years after the date 
                        of enactment of this Act; or
                            (ii) the date on which the Record of 
                        Decision authorizing the implementation of the 
                        applicable resource management plans under 
                        section 202 of the Federal Land Policy and 
                        Management Act of 1976 (43 U.S.C. 1712) is 
                        signed.
                    (B) Exception.--Any land identified on the maps as 
                ``Withdrawal Parcels'' is withdrawn from the operation 
                of the mineral leasing and mineral material disposal 
                laws.
            (3) Receipts.--
                    (A) In general.--Any mineral receipts derived from 
                the non-Federal land acquired under this Act shall be 
                paid into the general fund of the Treasury.
                    (B) Applicable law.--Mineral receipts from the non-
                Federal land acquired under this Act shall not be 
                subject to section 35 of the Mineral Leasing Act (30 
                U.S.C. 191).
    (b) Grazing Permits.--
            (1) In general.--If land conveyed 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 Secretary 
        and the State 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.--
                    (A) In general.--Nothing in this Act prevents the 
                Secretary or the State from canceling or modifying a 
                grazing permit, lease, or contract if the land subject 
                to the permit, lease, or contract is sold, conveyed, 
                transferred, or leased for nongrazing purposes by the 
                Secretary or the State.
                    (B) Limitation.--Except to the extent reasonably 
                necessary to accommodate surface operations in support 
                of mineral development, the Secretary or the State 
                shall not cancel or modify a grazing permit, lease, or 
                contract because the land subject to the permit, lease, 
                or contract has been leased for mineral development.
            (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.
    (c) 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.
    (d) Easement.--The conveyance of Federal land in sec.33, T. 4 S., 
R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian, 
shall be subject to a 1,000 foot wide scenic easement and a 200 foot 
wide road right-of-way previously granted to the National Park Service 
for the Dinosaur National Monument, as described in Land Withdrawal No. 
U-0141143, pursuant to the Act of September 8, 1960 (74 Stat. 857,861).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 973

110th CONGRESS

  2d Session

                                 S. 390

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           September 16, 2008

                       Reported with an amendment