[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1405 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 305
118th CONGRESS
  2d Session
                                S. 1405

                          [Report No. 118-153]

 To provide for the exchange of certain Federal land and State land in 
                           the State of Utah.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2023

  Mr. Lee (for himself and Mr. Romney) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                            January 9, 2024

               Reported by Mr. Manchin, without amendment

_______________________________________________________________________

                                 A BILL


 
 To provide for the exchange of certain Federal land and State land in 
                           the State of Utah.

    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 School and Institutional Trust 
Lands Administration Exchange Act of 2023''.

SEC. 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.

SEC. 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.

SEC. 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).

SEC. 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.

SEC. 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.

SEC. 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:

``SEC. 5. CERTAIN EXCLUSIONS.

    ``Notwithstanding any other provision of this Act, the provisions 
of this Act of shall not apply to the following:
            ``(1) S\1/2\SW\1/4\ 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, S\1/2\N\1/2\ 
        and S\1/2\, of the Salt Lake Meridian.
            ``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
        2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
            ``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\, 
        W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
            ``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake 
        Meridian.''.
                                                       Calendar No. 305

118th CONGRESS

  2d Session

                                S. 1405

                          [Report No. 118-153]

_______________________________________________________________________

                                 A BILL

 To provide for the exchange of certain Federal land and State land in 
                           the State of Utah.

_______________________________________________________________________

                            January 9, 2024

                       Reported without amendment