[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1275 Enrolled Bill (ENR)]
H.R.1275
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Utah Recreational Land Exchange Act
of 2009''.
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 May 14, 2009,
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 May 14, 2009,
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 section--
(A) section 206 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable laws;
(3) all costs of land exchanges under this Act, including but
not limited to appraisals, surveys, and related costs, shall be
paid equally by the Secretary and the State; and
(4) 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
subsection) shall be reduced by the estimated value of the
payments that would have been made to the State of Utah from
bonuses, rentals, and royalties that the United States would
have received if such minerals were leased pursuant to the
Mineral Leasing Act (30 U.S.C. 181 et seq.).
(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
section 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, by one or more of the following:
(i) By reducing the acreage of the Federal land to be
conveyed.
(ii) By adding additional State land to the non-Federal
land to be conveyed.
(iii) Consistent with section 206(b) of the Federal
Land Policy and Management Act (43 U.S.C. 1716), by cash
equalization of not more than 5 percent of the total value
of the lands or interests in lands to be transferred out of
Federal ownership.
(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, as
determined to be appropriate and acceptable by the Secretary
and the State, by one or both of the following:
(i) By reducing the acreage of the non-Federal land to
be conveyed.
(ii) Consistent with section 206(b) of the Federal Land
Policy and Management Act (43 U.S.C. 1716), by cash
equalization of not more than 5 percent of the total value
of the lands or interests in lands to be transferred out of
Federal ownership.
(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) Withdrawal parcels.--Any non-Federal land acquired by the
United States under this Act 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. TERMINATION OF AUTHORITY.
The provisions of this Act shall terminate 5 years after the date
of enactment.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.