1.This Act may be cited as the
Utah Recreational Land Exchange Act of
2009
.
2.In this Act:
(1)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)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)The
term maps
means the Grand County Map and the Uintah County
Map.
(4)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)The
term Secretary
means the Secretary of the Interior.
(6)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)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.
3.
(a)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)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 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)
(1)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)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)The
appraisals conducted under paragraph (1) shall be submitted to the Secretary
and the State for approval.
(4)
(A)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)An
adjustment under subparagraph (A) shall not be considered as a property right
of the State.
(5)Availability of
appraisals
(A)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)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)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)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)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)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)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)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)Any
amounts due under paragraph (2) shall be paid by the State to the United States
not less than quarterly.
(4)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)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 exchangeSubject 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)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)
(1)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)
(A)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 landIf 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)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)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).
4.Status and
management of land after exchange
(a)Administration
of Non-Federal Land
(1)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)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)
(A)Any mineral receipts derived from the non-Federal land
acquired under this Act shall be paid into the general fund of the
Treasury.
(B)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)
(1)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)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)
(A)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)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)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)
(1)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)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)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).
5.The provisions of
this Act shall terminate 5 years after the date of enactment.
6.Authorization of
appropriationsThere are
authorized to be appropriated such sums as are necessary to carry out this
Act.
August 4, 2009
Reported without amendment