[Congressional Record Volume 144, Number 84 (Wednesday, June 24, 1998)]
[House]
[Pages H5072-H5073]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              UTAH SCHOOLS AND LANDS EXCHANGE ACT OF 1998

  Mr. HANSEN. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 3830) to provide for the exchange of 
certain lands within the State of Utah, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  Mr. FALEOMAVAEGA. Mr. Speaker, reserving the right to object, I yield 
to the gentleman from Utah (Mr. Hansen) for an explanation of this 
legislation.
  Mr. HANSEN. Mr. Speaker, I appreciate the gentleman from American 
Samoa yielding to me. Mr. Speaker, H.R. 3830 represents a landmark 
agreement between the State of Utah and the Department of the Interior 
to exchange nearly 500,000 acres of lands within the State of Utah to 
benefit the school children of Utah.
  Over 20 years ago, while serving in the Utah State Legislature and as 
Speaker of the House, I worked closely with then Governor Scott 
Matheson to solve the problem of the disbursed school trust lands in 
Utah and the best way to live up to the mandate of generating revenues 
for the school children of Utah.
  Governor Matheson came up with Project Bold, wherein we would block 
up school trust lands in exchanges with the Federal Government. This 
seemed like a somewhat radical idea at the time but Governor Matheson 
actually had foresight that brought us here today.
  Finally, during the 103rd Congress we were able to pass Public Law 
103-93 that was designed to exchange these lands out of parks and 
national forests. However, difficulties with placing a value on these 
isolated tracts became impossible.
  Then in September of 1996 President Clinton signed the proclamation 
that locked up the largest and cleanest supply of coal left in the 
Nation when he created the new Grand Staircase-Escalante National 
Monument. Unfortunately, a large share of this coal, not to mention the 
oil and gas in the monument, belongs to the school children of Utah. 
Thus, the pressure was on the administration to live up to the promises 
made by the President to ensure the school children would not suffer 
from the creation of the monument.
  Therefore, on May 8, Secretary Babbitt and Governor Leavitt signed an 
agreement to trade out all of the school trust lands within national 
parks, forest service, and the monument for BLM acres elsewhere in the 
State, substantial coal interests, and $50 million. This is an equal 
value exchange. It is fair and equitable to all parties involved. I 
commend the Governor and the Secretary for finding a way to put all of 
the difficult issues of Utah aside and finally find a solution to help 
the school children of Utah.
  I would like to thank my colleague, the gentleman from American Samoa 
(Mr. Faleomavaega) for his help in expediting this legislation to this 
day, and I appreciate his understanding of this important issue.
  Mr. FALEOMAVAEGA. Mr. Speaker, further reserving the right to object, 
Utah Governor Leavitt and Interior Secretary Babbitt signed a historic 
and unique agreement on May 8 of this year to provide for an exchange 
of lands between the State of Utah and the Federal government.
  H.R. 3830 legislatively ratifies that agreement, under which the 
United States would acquire approximately 410,718 acres of land and 
minerals owned by the State of Utah that are inholdings within the 
Grand Staircase-Escalante National Monument, units of the national park 
and national forest systems and two Indian reservations, and in return 
would transfer to the State approximately 138,647 acres of public land 
and minerals and $50 million.
  The lands involved in the exchange have been a major source of 
contention for both the State of Utah and the Federal Government. We 
have spent many hours in the Committee on Resources dealing with issues 
associated with the lands covered by the agreement. This agreement puts 
the land exchange issue to rest in what I believe is a fair and 
equitable manner, and I am all for it.
  I want to commend Governor Leavitt and Secretary Babbitt for their 
leadership. For far too long this issue has frustrated efficient land 
management, sapped people's energies, and prevented benefits from 
accruing to the Utah School Trust and the Nation.
  These two gentlemen, with the support of many others, recognized that 
the current situation was doing nothing for the people or the 
resources. Paraphrasing the former Governor of Utah, Governor Matheson, 
they have taken a ``bold'' step in resolving this long-festering issue.
  Mr. Speaker, I support H.R. 3830 and hope that my colleagues will 
also support this legislation.
  Mr. HINCHEY. Mr. Speaker, I am very pleased to see the House taking 
up this legislation today authorizing an exchange agreement between the 
Interior Department and the State of Utah. The agreement would resolve 
a number of longstanding problems arising from the enclosure of Utah 
school trust lands in Federal reservations. I believe that a settlement 
of these issues will be good news for the people of Utah and the people 
of all our states.
  The agreement may appear to be a local matter, but in fact it 
concerns all of use, and is important to all of us. The lands and money 
that Utah's School Trust will receive under the agreement are the 
property of all Americans, and the land Utah proposes to exchange will 
become the property of all Americans. And we will be proud to accept 
them. As a non-Utahn, I want to join my friends and colleagues from 
Utah in urging that Congress move as quickly as possible on this 
matter.
  Historically, it has been difficult to arrange exchanges in the State 
of Utah, leaving gaps and inholdings in some of our spectacular 
national parks there, and most recently, in the new Grand Staircase-
Escalante National Monument. Some people thought it would be impossible 
to work out this exchange, because of the deep differences among the 
different interested parties. But it has been accomplished. It shows 
that negotiations can work, and it shows that both sides can come away 
satisfied.
  It takes a real commitment on both sides for negotiations to work. 
Above all it takes a willingness to face the realities of the situation 
and to give up dreams of an ideal solution. In this case, many people 
deserve credit for what has been accomplished. I want to compliment 
Secretary Babbitt and Governor Leavitt for their commitment to making 
this process work, and the staffs at the Department of Interior and the 
Utah School and Institutional Trust Lands Administration for their hard 
work on the practical details. Here in the House, our colleague Chris 
Cannon deserves special commendation for his dedicated efforts to get 
this process going. I was happy to work cooperatively with him on this. 
We have many differences among us on the best disposition of federal 
lands in Utah, but we have no difference on the question of the 
importance of settling these exchanges.
  Resolution of these exchanges will produce two great benefits for the 
public. First, SITLA will receive money and lands with real income-
producing potential that can increase funding for Utah's schools. I 
believe that the children almost always benefit when more funding is 
available for education so I'm delighted with that result. Most 
importantly, if this bill is enacted, they will start seeing the 
benefits very quickly. Second, the people of the United States will 
receive the trust lands now enclosed within the Grand Staircase-
Escalante National Monument. This will give the Interior Department the 
opportunity to manage this magnificent territory in accord with its 
nature, and not according to arbitrary lines on the map. The 
possibility that inappropriate development will mar the wild beauty of 
the Monument or interfere with its wildlife will, I hope, be eliminated 
with this exchange.
  Again, my thanks and congratulations to all who worked on this 
agreement. I urge my colleagues to support this bill, and hope it will 
be enacted as soon as possible.
  Mr. FALEOMAVAEGA. Mr. Speaker, I withdraw my reservation of 
objection.

[[Page H5073]]

  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Utah?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 3830

       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 Schools and Lands 
     Exchange Act of 1998''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The State of Utah owns approximately 176,600 acres of 
     land, as well as approximately 24,165 acres of mineral 
     interests, administered by the Utah School and Institutional 
     Trust Lands Administration, within the exterior boundaries of 
     the Grand Staircase-Escalante National Monument, established 
     by Presidential proclamation on September 18, 1996, pursuant 
     to section 2 of the Antiquities Act of 1906 (16 U.S.C. 431). 
     The State of Utah also owns approximately 200,000 acres of 
     land, and 76,000 acres of mineral interests, administered by 
     the Utah School and Institutional Trust Lands Administration, 
     within the exterior boundaries of several units of the 
     National Park System and the National Forest System, and 
     within certain Indian reservations in Utah. These lands were 
     granted by Congress to the State of Utah pursuant to the Utah 
     Enabling Act, chap. 138, 28 Stat. 107 (1894), to be held in 
     trust for the benefit of the State's public school system and 
     other public institutions.
       (2) Many of the State school trust lands within the 
     monument may contain significant economic quantities of 
     mineral resources, including coal, oil, and gas, tar sands, 
     coalbed methane, titanium, uranium, and other energy and 
     metalliferous minerals. Certain State school trust lands 
     within the Monument, like the Federal lands comprising the 
     Monument, have substantial noneconomic scientific, historic, 
     cultural, scenic, recreational, and natural resources, 
     including ancient Native American archeological sites and 
     rare plant and animal communities.
       (3) Development of surface and mineral resources on State 
     school trust lands within the monument could be incompatible 
     with the preservation of these scientific and historic 
     resources for which the monument was established. Federal 
     acquisition of State school trust lands within the monument 
     would eliminate this potential incompatibility, and would 
     enhance management of the Grand Staircase-Escalante National 
     Monument.
       (4) The United States owns lands and interest in lands 
     outside of the monument that can be transferred to the State 
     of Utah in exchange for the monument inholdings without 
     jeopardizing Federal management objectives or needs.
       (5) In 1993, Congress passed and the President signed 
     Public Law 103-93, which contained a process for exchanging 
     State of Utah school trust inholdings in the National Park 
     System, the National Forest System, and certain Indian 
     reservations in Utah. Among other things, it identified 
     various Federal lands and interests in land that were 
     available to exchange for these State inholdings.
       (6) Although Public Law 103-93 offered the hope of a 
     prompt, orderly exchange of State inholdings for Federal 
     lands elsewhere, implementation of the legislation has been 
     very slow. Completion of this process is realistically 
     estimated to be many years away, at great expense to both the 
     State and the United States in the form of expert witnesses, 
     lawyers, appraisers, and other litigation costs.
       (7) The State also owns approximately 2,560 acres of land 
     in or near the Alton coal field which has been declared an 
     area unsuitable for coal mining under the terms of the 
     Surface Mining Control and Reclamation Act. This land is also 
     administered by the Utah School and Institutional Trust Lands 
     Administration, but its use is limited given this 
     declaration.
       (8) The large presence of State school trust land 
     inholdings in the monument, national parks, national forests, 
     and Indian reservations make land and resource management in 
     these areas difficult, costly, and controversial for both the 
     State of Utah and the United States.
       (9) It is in the public interest to reach agreement on 
     exchange of inholdings, on terms fair to both the State and 
     the United States. Agreement saves much time and delay in 
     meeting the expectations of the State school and 
     institutional trusts, in simplifying management of Federal 
     and Indian lands and resources, and in avoiding expensive, 
     protracted litigation under Public Law 103-93.
       (10) The State of Utah and the United States have reached 
     an agreement under which the State would exchange of all its 
     State school trust lands within the monument, and specified 
     inholdings in national parks, forests, and Indian 
     reservations that are subject to Public Law 103-93, for 
     various Federal lands and interests in lands located outside 
     the monument, including Federal lands and interests 
     identified as available for exchange in Public Law 103-93 and 
     additional Federal lands and interests in lands.
       (11) The State school trust lands to be conveyed to the 
     Federal Government include properties within units of the 
     National Park System, the National Forest System, and the 
     Grand Staircase-Escalante National Monument. The Federal 
     assets made available for exchange with the State were 
     selected with a great sensitivity to environmental concerns 
     and a belief and expectation by both parties that Federal 
     assets to be conveyed to the State would be unlikely to 
     trigger significant environmental controversy.
       (12) The parties agreed at the outset of negotiations to 
     avoid identifying Federal assets for conveyance to the State 
     where any of the following was known to exist or likely to be 
     an issue as a result of foreseeable future uses of the land: 
     significant wildlife resources, endangered species habitat, 
     significant archaeological resources, areas of critical 
     environmental concern, coal resources requiring surface 
     mining to extract the mineral deposits, wilderness study 
     areas, significant recreational areas, or any other lands 
     known to raise significant environmental concerns of any 
     kind.
       (13) The parties further agreed that the use of any mineral 
     interests obtained by the State of Utah where the Federal 
     Government retains surface and other interest, will not 
     conflict with established Federal land and environmental 
     management objectives, and shall be fully subject to all 
     environmental regulations applicable to development of non-
     Federal mineral interest on Federal lands.
       (14) Because the inholdings to be acquired by the Federal 
     Government include properties within the boundaries of some 
     of the most renowned conservation land units in the United 
     States, and because a mission of the Utah School and 
     Institutional Trust Lands Administration is to produce 
     economic benefits for Utah's public schools and other 
     beneficiary institutions, the exchange of lands called for in 
     this agreement will resolve many longstanding environmental 
     conflicts and further the interest of the State trust lands, 
     the school children of Utah, and these conservation 
     resources.
       (15) The Congress finds that, under this Agreement taken as 
     a whole, the State interests to be conveyed to the United 
     States by the State of Utah, and the Federal interests and 
     payments to be conveyed to the State of Utah by the United 
     States, are approximately equal in value.
       (16) The purpose of this legislation is to enact into law 
     and direct prompt implementation of this historic agreement.

     SEC. 3. RATIFICATION OF AGREED EXCHANGE BETWEEN THE STATE OF 
                   UTAH AND THE DEPARTMENT OF THE INTERIOR.

       (a) Agreement.--The State of Utah and the Department of the 
     Interior have agreed to exchange certain Federal lands, 
     Federal mineral interests, and payment of money for lands and 
     mineral interests managed by the Utah School and 
     Institutional Trust Lands Administration, lands and mineral 
     interests of approximately equal value inheld within the 
     Grand Staircase-Escalante National Monument the Goshute and 
     Navajo Indian Reservations, units of the national park 
     system, the national forest system, and the Alton coal 
     fields.
       (b) Ratification.--All terms, conditions, procedures, 
     covenants, reservations, and other provisions set forth in 
     the document entitled ``Agreement to Exchange Utah School 
     Trust Lands Between the State of Utah and the United States 
     of America'' (herein referred to as ``the Agreement'') are 
     hereby incorporated in this title, are ratified and 
     confirmed, and set forth the obligations and commitments of 
     the United States, the State of Utah, and Utah School and 
     Institutional Trust Lands Administration (herein referred to 
     as ``SITLA''), as a matter of Federal law.

     SEC. 4. LEGAL DESCRIPTIONS.

       (a) In General.--The maps and legal descriptions referred 
     to in the Agreement depict the lands subject to the 
     conveyances.
       (b) Public Availability.--The maps and descriptions 
     referred to in the Agreement shall be on file and available 
     for public inspection in the offices of the Secretary of the 
     Interior and the Utah State Director of the Bureau of Land 
     Management.
       (c) Conflict.--In case of conflict between the maps and the 
     legal descriptions, the legal descriptions shall control.

     SEC. 5. COSTS.

       The United States and the State of Utah shall each bear its 
     own respective costs incurred in the implementation of this 
     Act.

     SEC. 6. REPEAL OF PUBLIC LAW 103-93 AND PUBLIC LAW 104-211.

       The provisions of Public Law 103-93 (107 Stat. 995), other 
     than section 7(b)(1), section 7(b)(3) and section 10(b) 
     thereof, are hereby repealed. Public Law 104-211 (110 Stat. 
     3013) is hereby repealed.

     SEC. 7. CASH PAYMENT PREVIOUSLY AUTHORIZED.

       As previously authorized and made available by section 
     7(b)(1) and (b)(3) of Public Law 103-93, upon completion of 
     all conveyances described in the Agreement, the United States 
     shall pay $50,000,000 to the State of Utah from funds not 
     otherwise appropriated from the Treasury.

     SEC. 8. SCHEDULE FOR CONVEYANCES.

       All conveyances under sections 2 and 3 of the agreement 
     shall be completed within 70 days after the enactment of this 
     Act.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.




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