118 S1405 IS: Utah School and Institutional Trust Lands Administration Exchange Act of 2023 U.S. Senate 2023-05-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 1405IN THE SENATE OF THE UNITED STATESMay 2, 2023Mr. Lee (for himself and Mr. Romney) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo provide for the exchange of certain Federal land and State land in the State of Utah.

1.

Short title

This Act may be cited as the Utah School and Institutional Trust Lands Administration Exchange Act of 2023.

2.

Definitions

In this Act:(1)

Administration

The term Administration means the Utah School and Institutional Trust Lands Administration.(2)

Agreement

The term Agreement means the agreement between the Administration, the State, and the Secretary to exchange certain Federal land and interests in Federal land for certain State land and interests in State land managed by the Administration entitled Memorandum of Understanding—Exchange of Lands and dated March 17, 2023.(3)

Legal description

The term Legal Description means a legal description that is included in Exhibit A to the Agreement and that is part of the Agreement as of the date of the conveyance of the applicable land under this Act.(4)

Map

The term Map means the map described in the Agreement.(5)

Secretary

The term Secretary means the Secretary of the Interior.(6)

State

The term State means the State of Utah.

3.

Ratification of agreement between the Administration, the State of Utah, and the Secretary of the Interior

(a)

Ratification

All terms, conditions, procedures, covenants, reservations, and other provisions included in the Agreement—(1)shall be considered to be in the public interest;(2)are incorporated by reference into this Act;(3)are ratified and confirmed by Congress; and(4)set forth the obligations of the United States, the State, and the Administration under the Agreement as a matter of Federal law.(b)

Implementation

The Secretary shall implement the Agreement.

4.

Conveyances

(a)

Public interest determination

The land exchange directed by the Agreement shall be considered to be in the public interest.(b)

Authorization

(1)

Conveyances

Notwithstanding any other provision of law, the conveyances of land and interests in land described in paragraphs (2), (3), and (5) of the Agreement shall be executed in accordance with this Act and the Agreement.(2)

Deadline for certain conveyances

The conveyances of land and interests in land described in paragraphs (2) and (3) of the Agreement shall be completed not later than 45 days after the date of enactment of this Act.(3)

Requirement

If necessary, the conveyances of land and interests in land described in the Agreement shall be equalized in accordance with section 5(b).(c)

Map and legal descriptions

(1)

Public availability

The Map and Legal Descriptions shall be on file and available for public inspection in the offices of the Secretary and the State Director of the Bureau of Land Management.(2)

Conflict

In the case of any conflict between the Map and the Legal Descriptions, the Legal Descriptions shall control.(3)

Technical corrections

Nothing in this Act prevents the Secretary and the Administration from agreeing to the correction of technical errors or omissions in the Map or Legal Descriptions.(d)

Adequacy of applicable plans

A conveyance of Federal land or an interest in Federal land to the State under the Agreement shall be considered to comply with any applicable land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

5.

Equalization of the exchange

(a)

Appraisal

(1)

In general

Not later than 18 months after the date of execution of the exchange under section 4, the total value of the land exchanged shall be determined by an appraisal in accordance with paragraph (5) of the Agreement, that shall—(A)be based on land and mineral values determined as of the date of enactment of this Act;(B)be conducted in accordance with section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)); and(C)use nationally recognized appraisal standards, including—(i)the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii)the Uniform Standards of Professional Appraisal Practice.(2)

Minerals

(A)

Mineral reports

The appraisals conducted under paragraph (1) may take into account mineral and technical reports provided by the Secretary and the Administration in the evaluation of mineral deposits in the land and interests in land exchanged under the Agreement.(B)

Mining claims

The appraisal of any parcel of Federal land or interest in Federal land that is encumbered by a mining claim, mill site, or tunnel site located under the mining laws shall be conducted in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition.(C)

Validity examinations

Nothing in this paragraph requires the United States to conduct a mineral examination for any mining claim on the Federal land or interest in Federal land conveyed under the Agreement.(3)

Adjustment

(A)

In general

If value is attributed to any parcel of Federal land or interest in Federal land through an appraisal under paragraph (1) based on the presence of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the value of the parcel or interest in Federal land (as otherwise established under this subsection) shall be reduced by the percentage of the applicable Federal revenue sharing obligation under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)).(B)

Limitation

Any adjustment under subparagraph (A) shall not be considered to be a property right of the State.(4)

Approval; duration

An appraisal conducted under paragraph (1) shall—(A)be submitted to the Secretary and the Administration for approval; and(B)remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the Administration under subparagraph (A).(5)

Dispute resolution

If, by the date that is 90 days after the date of submission of an appraisal for review and approval under paragraph (4)(A), the Secretary and the Administration do not agree to accept the findings of the appraisal with respect to any parcel of land or interest in land to be exchanged, 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)).(b)

Equalization of values

If the total value of the State land described in paragraph (2) of the Agreement and the total value of the Federal land and interests in Federal land described in paragraph (3) of the Agreement, as determined under subsection (a), are not equal—(1)the value shall be equalized in accordance with paragraph (5) of the Agreement; and(2)the conveyance of equalization parcels, in accordance with paragraph (5) of the Agreement, shall occur not later than 45 days after the date of the identification of the appraised equalization parcels or portions of parcels to be conveyed to ensure that the exchange is of equal value.

6.

Withdrawals

(a)

Withdrawal of Federal land from mineral entry prior to exchange

Subject to valid existing rights, the Federal land and interests in Federal land to be conveyed to the State under section 4(b) are withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land and interests in Federal land to the State.(b)

Withdrawal of State land conveyed to the United States

Subject to valid existing rights, on the date of acquisition by the United States, the State land described in paragraph (2) of the Agreement acquired by the United States under section 4(b), to the extent not subject to previous withdrawals, is permanently withdrawn from all forms of appropriation and disposal under—(1)the public land laws (including the mining and mineral leasing laws); and(2)the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).(c)

Withdrawal revocation

Any withdrawal of the parcels of Federal land and interests in Federal land described in paragraph (3) of the Agreement to be conveyed to the State under section 4(b) from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit the conveyance of the Federal land parcel to the State free of any encumbrances associated with power site reserves or classifications.

7.

Sunnyside, Utah, water supply provisions

The Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended by adding at the end the following:

5.

Certain exclusions

Notwithstanding any other provision of this Act, the provisions of this Act of shall not apply to the following: (1)S1/2SW1/4 sec 34, T. 13 S., R. 14 E., of the Salt Lake Meridian.(2)Lots 1–4, T. 14 S., R. 14 E., sec. 11, S1/2N1/2 and S1/2, of the Salt Lake Meridian.(3)Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S1/2NW1/4 and SW1/4, of the Salt Lake Meridian. (4)Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE1/4, W1/2, and N1/2SE1/4, of the Salt Lake Meridian.(5)T. 14 S., R. 14 E., sec. 14, of the Salt Lake Meridian.

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