[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 837 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                 S. 837

  To provide for the conveyance of certain land to Washington County, 
Utah, to authorize the exchange of Federal land and non-Federal land in 
               the State of Utah, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 5 (legislative day, April 4), 2017

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the conveyance of certain land to Washington County, 
Utah, to authorize the exchange of Federal land and non-Federal land in 
               the State of 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 ``Southern Utah Open OHV Areas Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) County.--The term ``County'' means Washington County, 
        Utah.
            (2) Federal land.--The term ``Federal land'' means land 
        owned and managed by the Bureau of Land Management in the 
        County that is identified on the map as ``Federal Lands 
        Proposed to Transfer to SITLA''.
            (3) Map.--The term ``map'' means the map prepared by the 
        State of Utah School and Institutional Trust Lands 
        Administration entitled ``Sand Mountain Exchange Washington 
        County, Utah'' and dated July 29, 2015.
            (4) Non-federal land.--The term ``non-Federal land'' means 
        the State land identified on the map as ``SITLA Lands Proposed 
        to Transfer to Federal''.
            (5) Public water agency.--The term ``public water agency'' 
        means the Washington County Water Conservancy District.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (7) State.--The term ``State'' means the State of Utah.

SEC. 3. 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 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) Approval.--The appraisals conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
            (4) 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) 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.--If the value of the 
                Federal land exceeds the value of the non-Federal land, 
                the value of the Federal land and non-Federal land 
                shall be equalized, as determined to be appropriate and 
                acceptable by the Secretary and the State--
                            (i) by reducing the acreage of the Federal 
                        land to be conveyed;
                            (ii) by adding additional State land to the 
                        non-Federal land to be conveyed; or
                            (iii) by the State making a cash payment to 
                        the United States.
                    (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--
                            (i) by reducing the acreage of the non-
                        Federal land to be conveyed; or
                            (ii) by the United States making a cash 
                        payment to the State.
    (f) Use of Non-Federal Land.--On the conveyance of the non-Federal 
land to the Secretary under this section, the non-Federal land shall be 
used only--
            (1) as an open riding area for the use of off-highway 
        vehicles; or
            (2) for any other recreational use that does not 
        significantly impact the open use of off-highway vehicles.

SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH.

    (a) In General.--As soon as practicable after notification by the 
County and subject to valid existing rights, the Secretary shall convey 
to the County, without consideration, all right, title, and interest of 
the United States in and to the land described in subsection (b).
    (b) Description of Land.--The land referred to in subsection (a) 
consists of the land managed by the Bureau of Land Management that is 
generally depicted on the map as ``Open OHV Areas''.
    (c) Map and Legal Description.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary shall finalize the legal 
        description of the land to be conveyed to the County under this 
        section.
            (2) Minor errors.--The Secretary may correct any minor 
        error in--
                    (A) the map; or
                    (B) the legal description.
            (3) Availability.--The map and legal description shall be 
        on file and available for public inspection in the appropriate 
        offices of the Bureau of Land Management.
    (d) Use of Conveyed Land.--The land conveyed under this section 
shall be used--
            (1) primarily as an open riding area for the use of off-
        highway vehicles; or
            (2) for the construction, maintenance, replacement, or 
        operation of--
                    (A) water storage or conveyance facilities;
                    (B) subsurface water recharge facilities; or
                    (C) solar or hydroelectric generation or 
                transmission facilities.
    (e) Administrative Costs.--The Secretary shall require the County 
to pay all survey costs and other administrative costs necessary for 
the preparation and completion of any patents for, and transfers of 
title to, the land described in subsection (b).
    (f) Conditions.--As a condition of the conveyance under subsection 
(a), the County shall agree--
            (1) to pay any administrative costs associated with the 
        conveyance including the costs of any environmental, wildlife, 
        cultural, or historical resources studies;
            (2) to release and indemnify the United States from any 
        claims or liabilities that may arise from uses carried out on 
        the land described in subsection (b) on or before the date of 
        enactment of this Act by the United States or any person; and
            (3) to accept such reasonable terms and conditions as the 
        Secretary determines necessary.
    (g) Water Conveyance, Recharge, and Renewable Energy Corridor.--
            (1) In general.--The Secretary, in accordance with 
        applicable laws (including the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1761 et 
        seq.)), shall, prior to making the conveyance described in 
        subsection (a), issue to the public water agency or the State--
                    (A) a 250-foot right-of-way for the construction, 
                maintenance, repair, and replacement of a buried water 
                conveyance pipeline and the associated construction, 
                operation, and maintenance of subsurface water recharge 
                facilities, as depicted on the map as ``Pipe Line 1''; 
                and
                    (B) a 150-foot right-of-way for the construction 
                and maintenance of solar and hydroelectric generation 
                and transmission facilities, as depicted on the map as 
                ``Transmission Line''.
            (2) Administration.--The water conveyance and renewable 
        energy facilities shall employ best management practices to 
        limit, to the extent practicable, the impacts of the water 
        conveyance facilities on off-highway vehicle activities.
    (h) Water Storage Facilities.--The Secretary, in accordance with 
applicable laws (including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) and title V of the Federal Land Policy 
and Management Act 5 of 1976 (43 U.S.C. 1761 et seq.)), shall convey to 
the public water agency or the State 214.8 acres of the land described 
in subsection (b) for the construction, operation, maintenance, and 
repair of a water storage facility and associated facilities as 
depicted on the map as ``Hurricane Cliffs Afterbay''.
    (i) Sand Hollow Regional Pipeline Corridor.--The Secretary, in 
accordance with applicable laws (including the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and title V of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.)), 
shall, prior to making the conveyance described in subsection (a), 
issue to the public water agency a 200-foot right-of-way for the 
construction, maintenance, repair, and replacement of a buried water 
conveyance pipeline, as depicted on the map as ``Pipe Line 2''.
    (j) Reversion.--If the land conveyed under this section ceases to 
be used for a public purpose in accordance with subsection (d), the 
land shall, at the discretion of the Secretary, revert to the United 
States.
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