[Congressional Record Volume 148, Number 97 (Wednesday, July 17, 2002)]
[Senate]
[Pages S6955-S6956]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BENNETT (for himself and Mr. Hatch):
  S. 2745. A bill to provide for the exchange of certain lands in Utah; 
to the

[[Page S6956]]

Committee on Energy and Natural Resources.
  Mr. BENNETT. Mr. President, it gives me great pleasure today to 
introduce for the Senate's consideration legislation that will benefit 
the school children of Utah and improve the management of the public 
lands within Utah. This legislation closely follows two previous 
legislated land exchanges, the ``Utah Schools and Lands Exchange Act of 
1998'' and the ``Utah West Desert Land Exchange Act of 2000''. Each of 
these past exchanges has enabled the Federal Government to consolidate 
lands in Utah with significant resource value while the State of Utah 
has accumulated lands of lesser environmental significance, but with 
higher revenue generating potential. The Federal-Utah State Trust Lands 
Consolidation Act will only add to the successes earned through the 
last two land exchanges.
  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 thus are referred to a school trust lands. Accordingly, 
the School and Institutional trust Lands Administration, SITLA, is 
required by law to generate revenue in accordance with its mission from 
approximately 3.5 million acres of widely dispersed land. 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 areas, national monuments, and national parks, have 
further complicated the state's ability to fully carry out its trust 
responsibility to its public schools.
  The legislation I propose today will ratify an agreement signed by 
the State of Utah, the Department of the Interior, and the Department 
of Agriculture. Under the agreement the Federal Government will receive 
108, 284 acres from SITLA while the Federal government will transfer to 
SITLA approximately 133,000 acres of federal lands. SITLA will exchange 
property with significant resource values including inholdings in the 
Manti-La Sal National Forest, the Red Cliffs Desert Reserve, and most 
importantly 102,000 acres in the San Rafael Swell. The San Rafael Swell 
is one of the most remarkable areas in the county. It is 900 square 
miles of rugged terrain sprinkled with amazing mesas, buttes, and 
canyons. The San Rafael Swell also contains significant natural, 
historical, and cultural resources and it is home to an important 
population of desert bighorn sheep. Furthermore, over the yeas the San 
Rafael Swell has been proposed to be designated as wilderness, a 
national conservation area, a heritage area, and a national monument. 
It is widely agreed that this area deserves special recognition. 
Because of the proposed designations and the overall importance of the 
San Rafael Swell, sizable school trust inholdings are not advisable; 
both the State and Federal Government would be better served by 
consolidated ownership.
  The majority of the lands acquired by the SITLA are in the Uinta 
Basin, which will compliment current SITLA holdings. These lands are 
less environmentally sensitive but have good potential for development 
in the future, thereby allowing the State to maintain its trust 
responsibilities. Additional properties will be acquired in Emery, 
Washington, Sevier, and Utah counties.
  During negotiations between the State of Utah and the Federal 
Government great care was taken to exclude from exchange Federal lands 
designated as wilderness study areas, areas proposed for wilderness 
designations in pending Federal legislation, significant endangered 
species habitat, significant archaeological resources, areas of 
critical environmental concern, or other lands known to raise 
significant environmental concerns of any kind. Additionally, the 
parties to this agreement expended substantial effort to ensure the 
value of the exchange was equal. To ensure the exchange was of 
comparable value the parties obtained the services of a nationally 
recognized real estate consultant who reviewed the methodologies and 
assumptions used to determine value. After completing a thorough 
review, the consultant supported the parties' conclusion that the 
exchange was of equal value.
  This legislation has the strong support of Utah's delegation, the 
Utah State Office of Education, and the Utah Parent Teacher 
Association. I look forward to working with my colleagues to pass this 
legislation this year.
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