[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4579 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 670
114th CONGRESS
  2d Session
                                H. R. 4579

                      [Report No. 114-857, Part I]

To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2016

 Mr. Stewart (for himself, Mr. Bishop of Utah, Mr. Chaffetz, and Mrs. 
    Love) introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                            December 8, 2016

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            December 8, 2016

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           February 12, 2016]


_______________________________________________________________________

                                 A BILL


 
To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Utah Test and 
Training Range Encroachment Prevention and Temporary Closure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

                 TITLE I--UTAH TEST AND TRAINING RANGE

Sec. 101. Management of BLM land.
Sec. 102. Temporary closures.
Sec. 103. Community resource group.
Sec. 104. Liability.
Sec. 105. Effects of title.

                        TITLE II--LAND EXCHANGE

Sec. 201. Findings and purpose.
Sec. 202. Definitions.
Sec. 203. Exchange of Federal land and non-Federal land.
Sec. 204. Status and management of non-Federal land after exchange.
Sec. 205. Hazardous materials.

                    TITLE III--HIGHWAY RIGHTS-OF-WAY

Sec. 301. Recognition and transfer of certain highway rights-of-way.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the testing and development of military weapons systems 
        and the training of military forces are critical to ensuring 
        the national security of the United States;
            (2) the Utah Test and Training Range is a unique and 
        irreplaceable national asset at the core of the test and 
        training mission of the Department of Defense;
            (3) continued access to the special use airspace and land 
        that comprise the Utah Test and Training Range, under the terms 
        and conditions described in this Act is a national security 
        priority;
            (4) multiple use of, sustained yield activities on, and 
        access to the BLM land are vital to the customs, culture, 
        economy, ranching, grazing, and transportation interests of the 
        counties in which the BLM land is situated; and
            (5) the limited use by the military of the BLM land and 
        airspace above the BLM land is vital to improving and 
        maintaining the readiness of the Armed Forces.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) BLM land.--The term ``BLM land'' means the Bureau of 
        Land Management land in the State comprising approximately 
        625,643 acres, as generally depicted on the map entitled ``Utah 
        Test and Training Range Enhancement/West Desert Land Exchange'' 
        and dated February 12, 2016.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Utah.
            (4) Utah test and training range.--
                    (A) In general.--The term ``Utah Test and Training 
                Range'' means the portions of the military land and 
                airspace operating area of the Utah Test and Training 
                Area that are located in the State.
                    (B) Inclusion.--The term ``Utah Test and Training 
                Range'' includes the Dugway Proving Ground.

                 TITLE I--UTAH TEST AND TRAINING RANGE

SEC. 101. MANAGEMENT OF BLM LAND.

    (a) Memorandum of Agreement.--
            (1) Draft.--
                    (A) In general.--Not later than 90 days after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Air Force shall complete a draft of 
                the memorandum of agreement required under paragraph 
                (2).
                    (B) Public comment period.--During the 30-day 
                period beginning on the date on which the draft 
                memorandum of agreement is completed under subparagraph 
                (A), there shall be an opportunity for public comment 
                on the draft memorandum of agreement, including an 
                opportunity for the Utah Test and Training Range 
                Community Resource Group established under section 
                103(a) to provide comments on the draft memorandum of 
                agreement.
            (2) Requirement; deadline.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Air Force shall enter into a 
                memorandum of agreement that provides for the continued 
                management of the BLM land by the Secretary, in a 
                manner that provides for the limited use of the BLM 
                land by the Secretary of the Air Force, consistent with 
                this Act.
                    (B) Signatures required.--The terms of the 
                memorandum of agreement, including a temporary closure 
                of the BLM land under the memorandum of agreement, may 
                not be carried out until the date on which all parties 
                to the memorandum of agreement have signed the 
                memorandum of agreement.
            (3) Management by secretary.--The memorandum of agreement 
        under paragraph (2) shall provide that the Secretary (acting 
        through the Director of the Bureau of Land Management) shall 
        continue to manage the BLM land--
                    (A) as land described in section 6901(1)(B) of 
                title 31, United States Code;
                    (B) for multiple use and sustained yield goals and 
                activities as required under sections 102(a)(7) and 
                202(c)(1) of the Federal Land Policy and Management Act 
                of 1976 (43 U.S.C. 1701(a)(7), 1712(c)(1)) and defined 
                in section 103 of that Act (43 U.S.C. 1702), including 
                all principal or major uses on Federal land recognized 
                pursuant to the definition of the term in section 103 
                of that Act (43 U.S.C. 1702);
                    (C) in accordance with section 202 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1712); and
                    (D) subject to use by the Secretary of the Air 
                Force provided under section 102 for--
                            (i) the preservation of the Utah Test and 
                        Training Range against current and future 
                        encroachments that the Secretary of the Air 
                        Force finds to be incompatible with current and 
                        future test and training requirements;
                            (ii) the testing of--
                                    (I) advanced weapon systems, 
                                including current weapons systems, 5th 
                                generation weapon systems, and future 
                                weapon systems; and
                                    (II) the standoff distance for 
                                weapons;
                            (iii) the testing and evaluation of 
                        hypersonic weapons;
                            (iv) increased public safety for civilians 
                        accessing the BLM land; and
                            (v) other purposes relating to meeting 
                        national security needs.
    (b) Map.--The Secretary may correct any minor errors in the map 
described in section 3(1).
    (c) Land Use Plans.--Any land use plan in existence on the date of 
enactment of this Act that applies to the BLM land shall continue to 
apply to the BLM land.
    (d) Maintain Current Uses.--
            (1) In general.--Notwithstanding subsection (a)(3)(D), the 
        memorandum of agreement entered into under subsection (a) and 
        the land use plans described in subsection (c) shall not 
        diminish any major or principle use that is recognized pursuant 
        to section 103(l) of the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1702(l)), except to the extent authorized in 
        subsection (a).
            (2) Actions by secretary of the air force.--The Secretary 
        of the Air Force shall--
                    (A) if corrective action is necessary due to an 
                action of the Air Force, as determined by the Secretary 
                of the Air Force, render the BLM land safe for public 
                use; and
                    (B) appropriately communicate the safety of the 
                land to the Secretary once the BLM land is rendered 
                safe for public use.
    (e) Grazing.--
            (1) New grazing leases and permits.--
                    (A) In general.--The Secretary shall issue and 
                administer any new grazing lease or permit on the BLM 
                land, in accordance with applicable law (including 
                regulations) and other authorities applicable to 
                livestock grazing on Bureau of Land Management land.
                    (B) Non-federal land levels.--The Secretary (acting 
                through the Director of the Bureau of Land Management) 
                shall continue to issue and administer livestock 
                grazing leases and permits on the non-Federal land 
                described in section 202(3), subject to the 
                requirements described in subparagraphs (A) through (C) 
                of paragraph (2).
            (2) Existing grazing leases and permits.--Any livestock 
        grazing lease or permit applicable to the BLM land that is in 
        existence on the date of enactment of this Act shall continue 
        in effect--
                    (A) at the number of permitted animal unit months 
                authorized under current applicable land use plans;
                    (B) if range conditions permit, at levels greater 
                than the level of active use; and
                    (C) subject to such reasonable increases and 
                decreases of active use of animal unit months and other 
                reasonable regulations, policies, and practices as the 
                Secretary may consider appropriate based on rangeland 
                conditions.
    (f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of 
understanding that is between the Department of the Interior and the 
Department of the Air Force with respect to emergency access and 
response, as in existence as of the date of enactment of this Act.
    (g) Withdrawal.--Subject to valid existing rights, the BLM land is 
withdrawn from all forms of appropriation under the public land laws, 
including the mining laws, the mineral leasing laws, and the geothermal 
leasing laws.
    (h) Limitation on Future Rights-of-Way or Use Permits.--The 
Secretary may not issue any new use permits or rights-of-way on the BLM 
land for any purposes that the Secretary of the Air Force determines to 
be incompatible with current or projected military requirements, with 
consideration given to the rangeland improvements under section 105(h).
    (i) Grazing and Ranching.--Efforts described in this Act to 
facilitate grazing and ranching on the BLM land and the non-Federal 
land described in section 202(3) shall be considered to be compatible 
with mission requirements of the Utah Test and Training Range.

SEC. 102. TEMPORARY CLOSURES.

    (a) In General.--If the Secretary of the Air Force determines that 
military operations (including operations relating to the fulfillment 
of the mission of the Utah Test and Training Range), public safety, or 
national security require the temporary closure to public use of any 
road, trail, or other portion of the BLM land, the Secretary of the Air 
Force may take such action as the Secretary of the Air Force determines 
necessary to carry out the temporary closure.
    (b) Limitations.--Any temporary closure under subsection (a)--
            (1) shall be limited to the minimum areas and periods 
        during which the Secretary of the Air Force determines are 
        required to carry out a closure under this section;
            (2) shall not occur on a State or Federal holiday, unless 
        notice is provided in accordance with subsection (c)(1)(B);
            (3) shall not occur on a Friday, Saturday, or Sunday, 
        unless notice is provided in accordance with subsection 
        (c)(1)(B); and
            (4)(A) if practicable, shall be for not longer than a 3-
        hour period per day;
            (B) shall only be for longer than a 3-hour period per day--
                    (i) for mission essential reasons; and
                    (ii) as infrequently as practicable and in no case 
                for more than 10 days per year; and
            (C) shall in no case be for longer than a 6-hour period per 
        day.
    (c) Notice.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall--
                    (A) keep appropriate warning notices posted before 
                and during any temporary closure; and
                    (B) provide notice to the Secretary, public, and 
                relevant stakeholders concerning the temporary 
                closure--
                            (i) at least 30 days before the date on 
                        which the temporary closure goes into effect;
                            (ii) in the case of a closure during the 
                        period beginning on March 1 and ending on May 
                        31, at least 60 days before the date on which 
                        the closure goes into effect; or
                            (iii) in the case of a closure described in 
                        paragraph (3) or (4) of subsection (b), at 
                        least 90 days before the date on which the 
                        closure goes into effect.
            (2) Special notification procedures.--In each case for 
        which a mission-unique security requirement does not allow for 
        the notifications described in paragraph (1)(B), the Secretary 
        of the Air Force shall work with the Secretary to achieve a 
        mutually agreeable timeline for notification.
    (d) Maximum Annual Closures.--The total cumulative hours of 
temporary closures authorized under this section with respect to the 
BLM land shall not exceed 100 hours annually.
    (e) Prohibition on Certain Temporary Closures.--The northernmost 
area identified as ``Newfoundland's'' on the map described in section 
3(1) shall not be subject to any temporary closure between August 21 
and February 28, in accordance with the lawful hunting methods and 
seasons of the State of Utah.
    (f) Emergency Ground Response.--A temporary closure of a portion of 
the BLM land shall not affect the conduct of emergency response 
activities on the BLM land during the temporary closure.
    (g) Law Enforcement and Security.--The Secretary and the Secretary 
of the Air Force may enter into cooperative agreements with State and 
local law enforcement officials with respect to lawful procedures and 
protocols to be used in promoting public safety and operation security 
on or near the BLM land during noticed test and training periods.
    (h) Livestock.--Livestock shall be allowed to remain on the BLM 
land during a temporary closure of the BLM land under this section.

SEC. 103. COMMUNITY RESOURCE GROUP.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, there shall be established the Utah Test and 
Training Range Community Resource Group (referred to in this section as 
the ``Community Group'') to provide regular and continuing input to the 
Secretary and the Secretary of the Air Force on matters involving 
public access to, use of, and overall management of the BLM land.
    (b) Membership.--
            (1) In general.--The Secretary (acting through the State 
        Bureau of Land Management Office) shall appoint members to the 
        Community Group, including--
                    (A) operational and land management personnel of 
                the Air Force;
                    (B) 1 Indian representative, to be nominated by a 
                majority vote conducted among the Indian tribes in the 
                vicinity of the BLM land;
                    (C) not more than 2 county commissioners from each 
                of Box Elder, Tooele, and Juab Counties, Utah;
                    (D) 2 representatives of off-road and highway use, 
                hunting, and other recreational groups;
                    (E) 2 representatives of livestock grazers on any 
                public land located within the BLM land;
                    (F) 1 representative of the Utah Department of 
                Agriculture and Food; and
                    (G) not more than 3 representatives of State or 
                Federal offices or agencies, or private groups, if the 
                Secretary determines that such representatives would 
                further the goals and objectives of the Community 
                Group.
            (2) Chairperson.--The members described in paragraph (1) 
        shall elect from among the members of the Community Group--
                    (A) 1 member to serve as Chairperson of the 
                Community Group; and
                    (B) 1 member to serve as Vice-Chairperson of the 
                Community Group.
    (c) Conditions and Terms of Appointment.--
            (1) In general.--Each member of the Community Group shall 
        serve voluntarily and without remuneration.
            (2) Term of appointment.--
                    (A) In general.--Each member of the Community Group 
                shall be appointed for a term of 4 years.
                    (B) Original members.--Notwithstanding subparagraph 
                (A), the Chairperson shall select \1/2\ of the original 
                members of the Community Group to serve for a term of 4 
                years and the \1/2\ to serve for a term of 2 years to 
                ensure the replacement of members shall be staggered 
                from year to year.
                    (C) Reappointment and replacement.--The Secretary 
                may reappoint or replace a member of the Community 
                Group appointed under subsection (b)(1), if--
                            (i) the term of the member has expired;
                            (ii) the member has retired; or
                            (iii) the position held by the member 
                        described in subparagraphs (A) through (G) of 
                        paragraph (1) has changed to the extent that 
                        the ability of the member to represent the 
                        group or entity that the member represents has 
                        been significantly affected.
    (d) Meetings.--
            (1) In general.--The Community Group shall meet not less 
        than once per year, and at such other frequencies as determined 
        by five or more of the members of the Community Group.
            (2) Responsibilities of community group.--The Community 
        Group shall be responsible for determining appropriate 
        schedules for, details of, and actions for meetings of the 
        Community Group.
            (3) Notice.--The Chairperson shall provide notice to each 
        member of the Community Group not less than 10 business days 
        before the date of a scheduled meeting.
            (4) Exempt from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to meetings of the Community Group.
    (e) Coordination With Recommendations of Community Group.--The 
Secretary and the Secretary of the Air Force, consistent with existing 
laws (including regulations), shall take under consideration 
recommendations from the Community Group.
    (f) Termination of Authority.--The Community Group shall terminate 
on the date that is 7 years after the date of enactment of this Act, 
unless the Secretary and the Community Group mutually elect to 
terminate the Community Group before that date.
    (g) Renewal.--The Community Group may elect, by simple majority, to 
renew the term of the Community Group for 7 years, upon or within 90 
days of termination, with the option to renew every 7 years thereafter.

SEC. 104. LIABILITY.

    The United States (including all departments, agencies, officers, 
and employees of the United States) shall be held harmless and shall 
not be liable for any injury or damage to any individual or property 
suffered in the course of any mining, mineral, or geothermal activity, 
or any other authorized nondefense-related activity, conducted on the 
BLM land.

SEC. 105. EFFECTS OF TITLE.

    (a) Effect on Weapon Impact Area.--Nothing in this title expands 
the boundaries of the weapon impact area of the Utah Test and Training 
Range.
    (b) Effect on Special Use Airspace and Training Routes.--Nothing in 
this title precludes--
            (1) the designation of new units of special use airspace; 
        or
            (2) the expansion of existing units of special use 
        airspace.
    (c) Effect on Existing Rights and Agreements.--
            (1) Knolls special recreation management area; blm 
        community pits central grayback and south grayback.--Except as 
        provided in section 102, nothing in this title limits or alters 
        any existing right or right of access to--
                    (A) the Knolls Special Recreation Management Area; 
                or
                    (B)(i) the Bureau of Land Management Community Pits 
                Central Grayback and South Grayback; and
                    (ii) any other county or community pit located 
                within close proximity to the BLM land.
            (2) National historic trails and other historical 
        landmarks.--Except as provided in section 102, nothing in this 
        title limits or alters any existing right or right of access to 
        a component of the National Trails System or other Federal or 
        State historic landmarks within the BLM land, including the 
        California National Historic Trail, the Pony Express National 
        Historic Trail, or the GAPA Launch Site and Blockhouse.
            (3) Closure of interstate 80.--Nothing in this title 
        authorizes any additional authority or right to the Secretary 
        or the Secretary of the Air Force to temporarily close 
        Interstate 80.
            (4) Effect on limitation on amendments to certain 
        individual resource management plans.--Nothing in this title 
        affects the limitation established under section 2815(d) of the 
        National Defense Authorization Act for Fiscal Year 2000 (Public 
        Law 106-65; 113 Stat. 852).
            (5) Effect on memorandum of understanding.--Nothing in this 
        title affects the memorandum of understanding entered into by 
        the Air Force, the Bureau of Land Management, the Utah 
        Department of Natural Resources, and the Utah Division of 
        Wildlife Resources relating to the reestablishment of bighorn 
        sheep in the Newfoundland Mountains and signed by the parties 
        to the memorandum of understanding during the period beginning 
        on January 24, 2000, and ending on February 4, 2000.
            (6) Effect on existing military special use airspace 
        agreement.--Nothing in this title limits or alters the Military 
        Operating Areas of Airspace Use Agreement between the Federal 
        Aviation Administration and the Air Force in effect on the date 
        of enactment of this Act.
    (d) Effect on Water Rights.--
            (1) No reservation created.--Nothing in this title--
                    (A) establishes any reservation in favor of the 
                United States with respect to any water or water right 
                on the BLM land; or
                    (B) authorizes any appropriation of water on the 
                BLM land, except in accordance with applicable State 
                law.
            (2) Previously acquired and reserved water rights.--Nothing 
        in this title affects--
                    (A) any water right acquired or reserved by the 
                United States before the date of enactment of this Act; 
                or
                    (B) the authority of the Secretary or the Secretary 
                of the Air Force, as applicable, to exercise any water 
                right described in subparagraph (A).
            (3) No effect on mccarran amendment.--Nothing in this title 
        diminishes, enhances, or otherwise affects in any way the 
        rights, duties, and obligations of the United States, the State 
        of Utah, the counties in which the BLM land is situated, and 
        the residents and stakeholders in those counties under section 
        208 of the Act of July 10, 1952 (commonly known as the 
        ``McCarran Amendment'') (43 U.S.C. 666).
    (e) Effect on Federally Recognized Indian Tribes.--
            (1) In general.--Nothing in this title alters any right 
        reserved by treaty or Federal law for a federally recognized 
        Indian tribe for tribal use.
            (2) Consultation.--The Secretary of the Air Force shall 
        consult with any federally recognized Indian tribe in the 
        vicinity of the BLM land before taking any action that will 
        affect any tribal right or cultural resource protected by 
        treaty or Federal law.
    (f) Effect on Payments in Lieu of Taxes.--
            (1) Eligibility of blm land and non-federal land.--The BLM 
        land and the non-Federal land described in section 202(3) shall 
        remain eligible as entitlement land under section 6901 of title 
        31, United States Code.
            (2) No prejudice to county payment in lieu of taxes 
        rights.--Nothing in this title diminishes, enhances, or 
        otherwise affects any other right or entitlement of the 
        counties in which the BLM land is situated to payments in lieu 
        of taxes based on the BLM land, under section 6901 of title 31, 
        United States Code.
    (g) Wildlife Guzzlers.--
            (1) In general.--The Bureau of Land Management and the Utah 
        Division of Wildlife Resources shall continue the management of 
        wildlife guzzlers in existence as of the date of enactment of 
        this Act on the BLM land.
            (2) New guzzlers.--Nothing in this title prevents the 
        Bureau of Land Management and the Utah Division of Wildlife 
        Resources from entering into agreements for new wildlife 
        guzzlers.
            (3) Acquired guzzlers.--The Secretary shall continue to 
        manage existing wildlife guzzlers or wildlife improvements on 
        the non-Federal land conveyed to the Secretary under section 
        203(a) that were in existence on the day before the date of the 
        conveyance.
    (h) Rangeland Improvements.--The Secretary shall continue to 
manage, in a manner that promotes and facilitates grazing--
            (1) rangeland improvements on the BLM land that are in 
        existence on the date of enactment of this Act; and
            (2) rangeland improvements on the non-Federal land conveyed 
        to the Secretary under section 203(a) that were in existence on 
        the day before the date of the conveyance.
    (i) New Rangeland Improvements.--Nothing in this title prevents the 
Bureau of Land Management, the Utah Department of Agriculture or other 
State entity, or a Federal land permittee from entering into agreements 
for new rangeland improvements that promote and facilitate grazing.
    (j) School and Institutional Trust Lands Administration.--The 
Bureau of Land Management shall maintain rangeland grazing improvements 
in existence as of the date of enactment of this Act on acquired land 
of the School and Institutional Trust Lands Administration.

                        TITLE II--LAND EXCHANGE

SEC. 201. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the State owns approximately 68,057 acres of land and 
        approximately 10,280 acres of mineral interests located within 
        the Utah Test and Training Range in Box Elder, Tooele, and Juab 
        Counties, Utah;
            (2) the State owns approximately 2,353 acres of land and 
        approximately 3,560 acres of mineral interests located wholly 
        or partially within the Cedar Mountains Wilderness in Tooele 
        County, Utah;
            (3) the parcels of State land described in paragraphs (1) 
        and (2)--
                    (A) were granted by Congress to the State pursuant 
                to 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; and
                    (B) are largely scattered in checkerboard fashion 
                among Federal land;
            (4) continued State ownership and development of State 
        trust land within the Utah Test and Training Range and the 
        Cedar Mountains Wilderness is incompatible with--
                    (A) the critical national defense uses of the Utah 
                Test and Training Range; and
                    (B) the Federal management of the Cedar Mountains 
                Wilderness; and
            (5) it is in the public interest of the United States to 
        acquire in a timely manner all State trust land within the Utah 
        Test and Training Range and the Cedar Mountains Wilderness, in 
        exchange for the conveyance of the Federal land to the State, 
        in accordance with the terms and conditions described in this 
        title.
    (b) Purpose.--It is the purpose of this title to direct, 
facilitate, and expedite the exchange of certain Federal land and non-
Federal land between the United States and the State.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Exchange map.--The term ``Exchange Map'' means the map 
        prepared by the Bureau of Land Management entitled ``Utah Test 
        and Training Range Enhancement/West Desert Land Exchange'' and 
        dated February 12, 2016.
            (2) Federal land.--The term ``Federal land'' means the 
        Bureau of Land Management land located in Box Elder, Millard, 
        Juab, Tooele, and Beaver Counties, Utah, that is identified on 
        the Exchange Map as ``BLM Lands Proposed for Transfer to State 
        Trust Lands''.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land owned by the State in Box Elder, Tooele, and Juab 
        Counties, Utah, that is identified on the Exchange Map as--
                    (A) ``State Trust Land Proposed for Transfer to 
                BLM''; and
                    (B) ``State Trust Minerals Proposed for Transfer to 
                BLM''.
            (4) State.--The term ``State'' means the State of Utah, 
        acting through the School and Institutional Trust Lands 
        Administration.

SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 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 in and to 
        the non-Federal land, convey to the State (or a designee) all 
        right, title, and interest of the United States in and to the 
        Federal land.
    (b) Valid Existing Rights.--The exchange authorized under 
subsection (a) shall be subject to valid existing rights.
    (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 to be exchanged under this section shall be 
        determined by appraisals conducted by one or more independent 
        appraisers retained by the State, with the consent of the 
        Secretary.
            (2) Applicable law.--The appraisals under paragraph (1) 
        shall be conducted in accordance with nationally recognized 
        appraisal standards, including, as appropriate, the Uniform 
        Appraisal Standards for Federal Land Acquisitions.
            (3) Mineral land.--
                    (A) Mineral reports.--The appraisals under 
                paragraph (1) shall take into account mineral and 
                technical reports provided by the Secretary and the 
                State in the evaluation of mineral deposits in the 
                Federal land and non-Federal land.
                    (B) Mining claims.--An appraisal of any parcel of 
                Federal land that is encumbered by a mining or millsite 
                claim located under sections 2318 through 2352 of the 
                Revised Statutes (commonly known as the ``Mining Law of 
                1872'') (30 U.S.C. 21 et seq.) shall take into account 
                the encumbrance created by the claim for purposes of 
                determining the value of the parcel of the Federal 
                land.
                    (C) Validity examination.--Nothing in this title 
                requires the United States to conduct a mineral 
                examination for any mining claim on the Federal land.
            (4) Approval.--The appraisals conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
            (5) Dispute resolution.--If, by the date that is 90 days 
        after the date of submission of an appraisal for review and 
        approval under this subsection, the Secretary or the State do 
        not agree to accept the findings of the appraisals with respect 
        to one or more parcels of Federal land or non-Federal land, the 
        dispute shall be resolved in accordance with section 206(d)(2) 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716(d)(2)).
            (6) Duration.--The appraisals conducted under paragraph (1) 
        shall remain valid until the date of the completion of the 
        exchange authorized under this title.
            (7) Reimbursement of state costs.--The Secretary shall 
        reimburse the State in an amount equal to 50 percent of the 
        costs incurred by the State in retaining independent appraisers 
        under paragraph (1).
    (e) Conveyance of Title.--The land exchange authorized under this 
title shall be completed by the later of--
            (1) the date that is 1 year after the date of final 
        approval by the Secretary and the State of the appraisals 
        conducted under subsection (d); and
            (2) the date that is 1 year after the date of completion of 
        the dispute resolution process authorized under subsection 
        (d)(5).
    (f) Public Inspection and Notice.--
            (1) Public inspection.--At least 30 days before the date of 
        conveyance of the Federal land and non-Federal land, all final 
        appraisals and appraisal reviews for land to be exchanged under 
        this section shall be available for public review at the office 
        of the State Director of the Bureau of Land Management in the 
        State of Utah.
            (2) Notice.--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 conducted under 
        subsection (d) are available for public inspection.
    (g) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this section--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--
                            (i) In general.--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 by the 
                        State conveying to the United States--
                                    (I) State trust land parcel 1, as 
                                described in the assessment entitled 
                                ``Bureau of Land Management 
                                Environmental Assessment UT-100-06-
                                EA'', numbered UTU-82090, and dated 
                                March 2008; or
                                    (II) State trust land located 
                                within any of the wilderness areas or 
                                national conservation areas in 
                                Washington County, Utah, established 
                                under subtitle O of title I of the 
                                Omnibus Public Land Management Act of 
                                2009 (Public Law 111-11; 123 Stat. 
                                1075) that has an appraised value equal 
                                to the difference between--
                                            (aa) the value of the 
                                        Federal land; and
                                            (bb) the value of the non-
                                        Federal land.
                            (ii) Order of conveyances.--Any non-Federal 
                        land required to be conveyed to the United 
                        States under clause (i) shall be conveyed until 
                        the value of the Federal land and non-Federal 
                        land is equalized, in the following order:
                                    (I) The State trust land parcel 
                                described in clause (i)(I).
                                    (II) State trust land parcels 
                                located in the Red Cliffs National 
                                Conservation Area.
                                    (III) State trust land parcels 
                                located in the Docs Pass Wilderness.
                                    (IV) State trust land parcels 
                                located in the Beaver Dam Wash National 
                                Conservation Area.
                    (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 the non-Federal 
                land shall be equalized by the Secretary making a cash 
                equalization payment to the State, in accordance with 
                section 206(b) of the Federal Land Policy Management 
                (43 U.S.C. 1716(b)).
    (h) Withdrawal of Federal Land From Mineral Entry Prior to 
Exchange.--Subject to valid existing rights, the Federal land to be 
conveyed to the State under this section is withdrawn from mineral 
location, entry, and patent under the mining laws pending conveyance of 
the Federal land to the State.

SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER EXCHANGE.

    (a) Non-Federal Land Within Utah Test and Training Range.--On 
conveyance to the United States under this title, the non-Federal land 
located within the Utah Test and Training Range shall be managed in 
accordance with the memorandum of agreement entered into under section 
101(a).
    (b) Non-Federal Land Within Cedar Mountains Wilderness.--On 
conveyance to the United States under this title, the non-Federal land 
located within the Cedar Mountains Wilderness shall, in accordance with 
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 
1716(c)), be added to, and administered as part of, the Cedar Mountains 
Wilderness.

SEC. 205. HAZARDOUS MATERIALS.

    (a) Costs.--Except as provided in subsection (b), the costs of 
remedial actions relating to hazardous materials on land acquired under 
this title shall be paid by those entities responsible for the costs 
under applicable law.
    (b) Remediation of Prior Testing and Training Activity.--The 
Department of Defense shall bear all costs of evaluation, management, 
and remediation caused by the previous testing of military weapons 
systems and the training of military forces on non-Federal land to be 
conveyed to the United States under this title.

                    TITLE III--HIGHWAY RIGHTS-OF-WAY

SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-OF-WAY.

    (a) Definitions.--In this section:
            (1) Highway right-of-way.--The term ``highway right-of-
        way'' means a right-of-way across Federal land for all Class B 
        and Class D R.S. 2477 roads in the Counties of Box Elder, 
        Tooele, and Juab, in the State of Utah, according to the 
        transportation map and centerline descriptions of each county 
        in existence as of March 1, 2015.
            (2) Map.--The term ``transportation map and centerline 
        description'' means--
                    (A) the map titled ``Box Elder County R.S. 2477 
                Rights-of-Way'' and accompanying GPS centerline data 
                kept and maintained by the Utah Public Lands Policy 
                Coordinating Office showing the locations and routes of 
                all county claimed roads across Bureau of Land 
                Management lands in Box Elder County, Utah;
                    (B) the map titled ``Tooele County R.S. 2477 
                Roads'' and accompanying GPS centerline data kept and 
                maintained by the Utah Public Lands Policy Coordinating 
                Office showing the locations and routes of all county 
                claimed roads across Bureau of Land Management lands in 
                Tooele County, Utah; and
                    (C) the map titled ``Juab County R.S. 2477 Rights-
                of-Way'' and accompanying GPS centerline data kept and 
                maintained by the Utah Public Lands Policy Coordinating 
                Office showing the locations and routes of all county 
                claimed roads across Bureau of Land Management lands in 
                Juab County, Utah.
            (3) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of Agriculture, with respect to 
                land administered by the Chief of the Forest Service; 
                or
                    (B) the Secretary of the Interior, with respect to 
                land administered by the Director of the Bureau of Land 
                Management.
    (b) Recognition of Existence and Validity of Rights-of-Way.--
Congress recognizes the existence and validity of each of the highway 
rights-of-way identified on the official transportation maps and 
centerline descriptions.
    (c) Conveyance of an Easement Across Federal Land.--
            (1) Box elder county, utah.--The Secretary shall convey, 
        without consideration, to Box Elder County, Utah, and the State 
        of Utah as joint tenants with undivided interests, easements 
        for motorized travel rights-of-way across Federal land for all 
        Class B and Class D R.S. 2477 roads shown and described in the 
        map and centerline description of the county described in 
        subsection (a)(2)(A).
            (2) Tooele county, utah.--The Secretary shall convey, 
        without consideration, to Tooele County, Utah, and the State of 
        Utah as joint tenants with undivided interests, easements for 
        motorized travel rights-of-way across Federal land for all 
        Class B and Class D R.S. 2477 roads shown and described in the 
        transportation map and centerline description of the county 
        described in subsection (a)(2)(B).
            (3) Juab county, utah.--The Secretary shall convey, without 
        consideration, to Juab County, Utah, and the State of Utah as 
        joint tenants with undivided interests, easements for motorized 
        travel rights-of-way across Federal land for all Class B and 
        Class D R.S. 2477 roads shown and described in the map and 
        centerline description of the county described in subsection 
        (a)(2)(C).
    (d) Description of Federal Land Subject to Easement.--
            (1) In general.--All easements under subsection (c) shall 
        include--
                    (A) the current disturbed width of each subject 
                highway as shown and described in the official 
                transportation maps and centerline descriptions; and
                    (B) any additional acreage on either side of the 
                disturbed width that the respective county 
                transportation department determines is necessary for 
                the efficient maintenance, repair, signage, 
                administration, and use of the Federal land subject to 
                the easement.
            (2) Description.--
                    (A) In general.--The exact acreage and legal 
                description of the Federal land subject to the 
                easements conveyed under subsection (c) shall be--
                            (i) as described in the centerline 
                        descriptions;
                            (ii) as referenced in the official 
                        transportation maps; and
                            (iii) as described and referenced according 
                        to the disturbed width of each highway as of 
                        the date of conveyance for travel purposes, 
                        plus any reasonable additional width as may be 
                        necessary for surface maintenance, repairs, and 
                        turnaround purposes.
                    (B) Survey not required.--Notwithstanding any other 
                provision of law, the conveyance of easements under 
                subsection (c) shall be effective without a survey of 
                the exact acreage and local description of the Federal 
                land subject to the easements.
    (e) Retention of Maps and Centerline Descriptions.--The maps and 
centerline descriptions referred to in clauses (i) and (ii) of 
subsection (d)(2)(A) shall be on file in the appropriate office of the 
Secretary.
                                                 Union Calendar No. 670

114th CONGRESS

  2d Session

                               H. R. 4579

                      [Report No. 114-857, Part I]

_______________________________________________________________________

                                 A BILL

To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, and for other purposes.

_______________________________________________________________________

                            December 8, 2016

   Reported from the Committee on Natural Resources with an amendment

                            December 8, 2016

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed