[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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