[Congressional Record Volume 146, Number 78 (Tuesday, June 20, 2000)]
[Senate]
[Pages S5460-S5461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT (for himself and Mr. Hatch):
  S. 2754. A bill to provide for the exchange of certain land in the 
State of Utah; to the Committee on Energy and Natural Resources.


               utah west desert land exchange act of 2000

  Mr. BENNETT. Mr. President, today I rise to introduce the Utah West 
Desert Land Exchange Act of 2000. I am pleased that my friend and 
colleague, Senator Hatch, joins me in introducing this important 
legislation.
  The Utah Enabling Act of 1894 granted to the state four sections, 
each section approximately 640 acres in size, in each 36 square-mile 
township. These lands were granted for the support of the public 
schools, and accordingly are referred to as school trust lands. The 
location of these lands, as they are not contiguous to each other, has 
made management by the state difficult. In addition, as school trust 
lands are interspersed with Federal lands, Federal land designations, 
such as wilderness study area, have further complicated the state's 
ability to manage its lands.
  The Utah West Desert Land Exchange Act of 2000 seeks to resolve these 
problems through an equal-value, equal-acreage land exchange between 
the state of Utah and the Federal Government. The lands that will be 
exchanged are located within the West Desert region of Utah. Each party 
will exchange approximately 106,000 acres. The Federal government will 
receive state lands located within wilderness study areas, lands 
identified as having wilderness characteristics in the Bureau of Land 
Management's Utah Wilderness Inventory, and lands identified for 
acquisition in the Washington County Habitat Conservation Plan. The 
state will receive federal lands that are more appropriate to carry out 
its mandate to generate revenue for Utah's public schools.
  I would like to address two issues some have raised about this land 
exchange. The first issue is regarding land valuation. Both the state 
of Utah and the Department of the Interior firmly believe that this 
exchange is approximately equivalent in value. The parties have reached 
this conclusion after many months of thorough research and evaluation 
of the parcels to be exchanged. The process of research and evaluation 
included review of comparable sales, mineral potential, access, and 
topography. One may ask why each parcel of land was not appraised 
individually. The answer is that for many of the 175 state parcels it 
would have cost more to have appraised those lands than their agreed 
upon value. Please note that the average value of the school trust 
lands outside of Washington County is $85 per-acre; if each individual 
parcel was required to be formally appraised the high appraisal costs 
would place this land exchange, and all of its benefits, in jeopardy. 
Nevertheless both the state of Utah and the Department of the Interior 
have maintained their fiduciary responsibility by putting together a 
package that is equal, in both value and acreage.

[[Page S5461]]

  The second issue that has been raised is in regard to the LaVerkin 
tract. Governor Leavitt, in his testimony before the United States 
House of Representatives Committee on Resources, stated: ``I want to 
assure you the state of Utah will be sensitive to local needs as this 
tract is developed, and will comply with, and participate in, local 
planning and zoning decisions. Also, you can be assured the scenic 
views at the entrance to Zion National Park will be protected to the 
maximum extent practicable,'' It is my hope that this commitment made 
by Governor Levitt will satisfy those concerned by the exchange of the 
LaVerkin tract.
  The Utah West Desert Land Exchange Act of 2000 is the result of over 
12 months of negotiations between the state of Utah and the Department 
of the Interior. For too long the school trust lands in the West Desert 
have been held captive by neighboring federal lands, unable to produce 
the revenue that are legally required to for Utah's schools. This bill 
provides that Congress with an opportunity to reduce the state of 
Utah's holdings in Federal wilderness study areas and other sensitive 
areas while increasing lands that are more suitable for long-term 
economic development to the state of Utah for its school children. 
Additionally, the Federal Government will consolidate its ownership in 
the existing wilderness study area, which will allow for more 
consistent management. This bill is a win-win proposal, and the right 
thing to do. I look forward to working with my colleagues to pass this 
legislation in the remaining months of the session.
  Mr. HATCH. Mr. President, I rise today to announce my support for the 
West Desert Wilderness Land Exchange Act, introduced by my good friend 
and colleague, Senator Robert Bennett. This is a proposal of importance 
to the citizens of my home state of Utah and to all Americans.
  Utah is the home to some of the most environmentally diverse lands in 
the nation. These lands contain environmentally significant plants, 
animals, geology, and many priceless archaeological sites.
  This legislation will transfer 106,000 acres of state school trust 
lands that are currently held within Wilderness Study Areas to areas 
where they may better benefit Utah schools. School trust lands are 
intended to raise revenue for Utah's schools. The economic benefits of 
these lands are vital to Utah schools and their funding. Trapped within 
Wilderness Study Areas, these lands have not been able to be developed, 
and Utah's school children have been left holding the short end of the 
stick. This proposal will allow for a land swap between the Department 
of the Interior and the State of Utah, and both parties have given 
their blessing to this proposal.
  The lands that will be given to the Department of the Interior are 
home to a variety of endangered and threatened species of plants and 
animals. A few of these are: the desert tortoise, the chuckawalla, 
purple-spined hedgehog cactus, and the golden and bald eagles. These 
lands also contain some of the most magnificent vistas in the western 
United States with views of Zions National Park, Elephant Butte, and 
the Deep Creek Mountains. This land exchange will preserve the 
unparalleled landscapes characteristic of Utah.
  The Utah State School Lands Trust was established at the time Utah 
became a state with lands deeded to the trust by the federal government 
for the purpose of creating a reliable source of income to support our 
state's educational system. Every student in Utah benefits from the 
resources made available by the school trust lands. It is a critical 
source of support for Utah education.
  This proposal, therefore, has the backing of all major Utah 
educational organizations, including the Utah PTA and Utah Education 
Association. This land exchange will unlock our school trust lands for 
the long-term benefit of Utah's school children. And, quite frankly, we 
will never be able to designate more wilderness in Utah without 
protecting the integrity of our Utah State School Lands Trust.
  This is one proposal where everyone benefits--our schools as well as 
our environmental interests. It is a logical proposal; it is a fair 
proposal. I urge my colleagues to support this legislation, and I look 
forward to working with them on this important piece of legislation.
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