[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1275 Reported in Senate (RS)]

                                                       Calendar No. 150
111th CONGRESS
  1st Session
                                H. R. 1275

                          [Report No. 111-67]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             August 4, 2009

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 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.
                                                       Calendar No. 150

111th CONGRESS

  1st Session

                               H. R. 1275

                          [Report No. 111-67]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                             August 4, 2009

                       Reported without amendment