[Congressional Record Volume 155, Number 100 (Tuesday, July 7, 2009)]
[House]
[Pages H7710-H7712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              UTAH RECREATIONAL LAND EXCHANGE ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1275) to direct the exchange of certain land in Grand, San 
Juan, and Uintah Counties, Utah, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1275

       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 Recreational Land 
     Exchange Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Federal land.--The term ``Federal land'' means the land 
     located in Grand, San Juan, and Uintah Counties, Utah, that 
     is identified on the maps as--
       (A) ``BLM Subsurface only Proposed for Transfer to State 
     Trust Lands'';
       (B) ``BLM Surface only Proposed for Transfer to State Trust 
     Lands''; and
       (C) ``BLM Lands Proposed for Transfer to State Trust 
     Lands''.
       (2) Grand county map.--The term ``Grand County Map'' means 
     the map prepared by the Bureau of Land Management entitled 
     ``Utah Recreational Land Exchange Act Grand County'', dated 
     May 14, 2009, and relating to the exchange of Federal land 
     and non-Federal land in Grand and San Juan Counties, Utah.
       (3) Maps.--The term ``maps'' means the Grand County Map and 
     the Uintah County Map.
       (4) Non-federal land.--The term ``non-Federal land'' means 
     the land in Grand, San Juan, and Uintah Counties, Utah, that 
     is identified on the maps as--
       (A) ``State Trust Land Proposed for Transfer to BLM''; and
       (B) ``State Trust Minerals Proposed for Transfer to BLM''.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Utah, as 
     trustee under the Utah State School and Institutional Trust 
     Lands Management Act (Utah Code Ann. 53C-1-101 et seq.).
       (7) Uintah county map.--The term ``Uintah County Map'' 
     means the map prepared by the Bureau of Land Management 
     entitled ``Utah Recreational Land Exchange Act Uintah 
     County'', dated May 14, 2009, and relating to the exchange of 
     Federal land and non-Federal land in Uintah County, Utah.

     SEC. 3. EXCHANGE OF LAND.

       (a) In General.--If the State offers to convey to the 
     United States title to the non-Federal land, the Secretary 
     shall--
       (1) accept the offer; and
       (2) on receipt of all right, title, and interest of the 
     State in and to the non-Federal land, convey to the State all 
     right, title, and interest of the United States in and to the 
     Federal land.
       (b) Conditions.--The exchange authorized under subsection 
     (a) shall be subject to--
       (1) valid existing rights;
       (2) except as otherwise provided by this section--
       (A) section 206 of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1716); and
       (B) any other applicable laws;
       (3) all costs of land exchanges under this Act, including 
     but not limited to appraisals, surveys, and related costs, 
     shall be paid equally by the Secretary and the State; and
       (4) any additional terms and conditions that the Secretary 
     and the State mutually determine to be appropriate.
       (c) Title Approval.--Title to the Federal land and non-
     Federal land to be exchanged under this section shall be in a 
     format acceptable to the Secretary and the State.
       (d) Appraisals.--
       (1) In general.--The value of the Federal land and the non-
     Federal land shall be determined by appraisals conducted by 1 
     or more independent appraisers selected jointly by the 
     Secretary and the State.
       (2) Applicable law.--The appraisals conducted under 
     paragraph (1) shall be conducted in accordance with section 
     206 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (3) Approval.--The appraisals conducted under paragraph (1) 
     shall be submitted to the Secretary and the State for 
     approval.

[[Page H7711]]

       (4) Adjustment.--
       (A) In general.--If value is attributed to any parcel of 
     Federal land because of the presence of minerals subject to 
     leasing under the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.), the value of the parcel (as otherwise established 
     under this subsection) shall be reduced by the estimated 
     value of the payments that would have been made to the State 
     of Utah from bonuses, rentals, and royalties that the United 
     States would have received if such minerals were leased 
     pursuant to the Mineral Leasing Act (30 U.S.C. 181 et seq.).
       (B) Limitation.--An adjustment under subparagraph (A) shall 
     not be considered as a property right of the State.
       (5) Availability of appraisals.--
       (A) In general.--All final appraisals, appraisal reviews, 
     and determinations of value for land to be exchanged under 
     this section shall be available for public review at the Utah 
     State Office of the Bureau of Land Management at least 30 
     days before the conveyance of the applicable parcels.
       (B) Publication.--The Secretary or the State, as 
     applicable, shall publish in a newspaper of general 
     circulation in Salt Lake County, Utah, a notice that the 
     appraisals are available for public inspection.
       (e) Conveyance of Parcels in Phases.--
       (1) In general.--Notwithstanding that appraisals for all of 
     the parcels of Federal land and non-Federal land may not have 
     been approved under subsection (d)(3), parcels of the Federal 
     land and non-Federal land may be exchanged under subsection 
     (a) in 3 phases beginning on the date on which the appraised 
     values of the parcels included in the applicable phase are 
     approved under this subsection.
       (2) Phases.--The 3 phases referred to in paragraph (1) 
     are--
       (A) phase 1, consisting of the non-Federal land identified 
     as ``phase one'' land on the Grand County Map;
       (B) phase 2, consisting of the non-Federal land identified 
     as ``phase two'' land on the Grand County Map and the Uintah 
     County Map; and
       (C) phase 3, consisting of any remaining non-Federal land 
     that is not identified as ``phase one'' land or ``phase two'' 
     land on the Grand County Map or the Uintah County Map.
       (3) No agreement on exchange.--If agreement has not been 
     reached with respect to the exchange of an individual parcel 
     of Federal land or non-Federal land, the Secretary and the 
     State may agree to set aside the individual parcel to allow 
     the exchange of the other parcels of Federal land and non-
     Federal land to proceed.
       (4) Timing.--It is the intent of Congress that at least the 
     first phase of the exchange of land authorized by subsection 
     (a) be completed not later than 360 days after the date on 
     which the State makes the Secretary an offer to convey the 
     non-Federal land under that subsection.
       (f) Reservation of Interest in Oil Shale.--
       (1) In general.--With respect to Federal land that contains 
     oil shale resources, the Secretary shall reserve an interest 
     in the portion of the mineral estate that contains the oil 
     shale resources.
       (2) Extent of interest.--The interest reserved by the 
     United States under paragraph (1) shall consist of--
       (A) 50 percent of any bonus bid or other payment received 
     by the State as consideration for securing any lease or 
     authorization to develop oil shale resources;
       (B) the amount that would have been received by the Federal 
     Government under the applicable royalty rate if the oil shale 
     resources had been retained in Federal ownership; and
       (C) 50 percent of any other payment received by the State 
     pursuant to any lease or authorization to develop the oil 
     shale resources.
       (3) Payment.--Any amounts due under paragraph (2) shall be 
     paid by the State to the United States not less than 
     quarterly.
       (4) No obligation to lease.--The State shall not be 
     obligated to lease or otherwise develop oil shale resources 
     in which the United States retains an interest under this 
     subsection.
       (5) Valuation.--Federal land in which the Secretary 
     reserves an interest under this subsection shall be 
     appraised--
       (A) without regard to the presence of oil shale; and
       (B) in accordance with subsection (d).
       (g) Withdrawal of Federal Land Prior to Exchange.--Subject 
     to valid existing rights, during the period beginning on the 
     date of enactment of this Act and ending on the earlier of 
     the date that the Federal land is removed from the exchange 
     or the date on which the Federal land is conveyed under this 
     Act, the Federal land is withdrawn from--
       (1) disposition (other than disposition under section 4) 
     under the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) the operation of--
       (A) the mineral leasing laws;
       (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
     seq.); and
       (C) the first section of the Act of July 31, 1947 (commonly 
     known as the ``Materials Act of 1947'') (30 U.S.C. 601).
       (h) Appurtenant Water Rights.--Any conveyance of a parcel 
     of Federal land or non-Federal land under this Act shall 
     include the conveyance of water rights appurtenant to the 
     parcel conveyed.
       (i) Equal Value Exchange.--
       (1) In general.--The value of the Federal land and non-
     Federal land to be exchanged under this Act--
       (A) shall be equal; or
       (B) shall be made equal in accordance with paragraph (2).
       (2) Equalization.--
       (A) Surplus of federal land.--If the value of the Federal 
     land exceeds the value of the non-Federal land, the value of 
     the Federal land and non-Federal land shall be equalized, as 
     determined to be appropriate and acceptable by the Secretary 
     and the State, by one or more of the following:
       (i) By reducing the acreage of the Federal land to be 
     conveyed.
       (ii) By adding additional State land to the non-Federal 
     land to be conveyed.
       (iii) Consistent with section 206(b) of the Federal Land 
     Policy and Management Act (43 U.S.C. 1716), by cash 
     equalization of not more than 5 percent of the total value of 
     the lands or interests in lands to be transferred out of 
     Federal ownership.
       (B) Surplus of non-federal land.--If the value of the non-
     Federal land exceeds the value of the Federal land, the value 
     of the Federal land and non-Federal land shall be equalized, 
     as determined to be appropriate and acceptable by the 
     Secretary and the State, by one or both of the following:.
       (i) By reducing the acreage of the non-Federal land to be 
     conveyed.
       (ii) Consistent with section 206(b) of the Federal Land 
     Policy and Management Act (43 U.S.C. 1716), by cash 
     equalization of not more than 5 percent of the total value of 
     the lands or interests in lands to be transferred out of 
     Federal ownership.
       (3) Notice and public inspection.--
       (A) In general.--If the Secretary and the State determine 
     to add or remove land from the exchange, the Secretary or the 
     State shall--
       (i) publish in a newspaper of general circulation in Salt 
     Lake County, Utah, a notice that identifies when and where a 
     revised exchange map will be available for public inspection; 
     and
       (ii) transmit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a copy of the revised 
     exchange map.
       (B) Limitation.--The Secretary and the State shall not add 
     or remove land from the exchange until at least 30 days after 
     the date on which the notice is published under subparagraph 
     (A)(i) and the map is transmitted under subparagraph (A)(ii).

     SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

       (a) Administration of Non-Federal Land.--
       (1) In general.--Subject to paragraph (2) and in accordance 
     with section 206(c) of the Federal Land Policy and Management 
     Act of 1976 (43 U.S.C. 1716(c)), the non-Federal land 
     acquired by the United States under this Act shall become 
     part of, and be managed as part of, the Federal 
     administrative unit or area in which the land is located.
       (2) Withdrawal parcels.--Any non-Federal land acquired by 
     the United States under this Act identified on the maps as 
     ``Withdrawal Parcels'' is withdrawn from the operation of the 
     mineral leasing and mineral material disposal laws.
       (3) Receipts.--
       (A) In general.--Any mineral receipts derived from the non-
     Federal land acquired under this Act shall be paid into the 
     general fund of the Treasury.
       (B) Applicable law.--Mineral receipts from the non-Federal 
     land acquired under this Act shall not be subject to section 
     35 of the Mineral Leasing Act (30 U.S.C. 191).
       (b) Grazing Permits.--
       (1) In general.--If land conveyed under this Act is subject 
     to a lease, permit, or contract for the grazing of domestic 
     livestock in effect on the date of acquisition, the Secretary 
     and the State shall allow the grazing to continue for the 
     remainder of the term of the lease, permit, or contract, 
     subject to the related terms and conditions of user 
     agreements, including permitted stocking rates, grazing fee 
     levels, access rights, and ownership and use of range 
     improvements.
       (2) Renewal.--To the extent allowed by Federal or State 
     law, on expiration of any grazing lease, permit, or contract 
     described in paragraph (1), the holder of the lease, permit, 
     or contract shall be entitled to a preference right to renew 
     the lease, permit, or contract.
       (3) Cancellation.--
       (A) In general.--Nothing in this Act prevents the Secretary 
     or the State from canceling or modifying a grazing permit, 
     lease, or contract if the land subject to the permit, lease, 
     or contract is sold, conveyed, transferred, or leased for 
     nongrazing purposes by the Secretary or the State.
       (B) Limitation.--Except to the extent reasonably necessary 
     to accommodate surface operations in support of mineral 
     development, the Secretary or the State shall not cancel or 
     modify a grazing permit, lease, or contract because the land 
     subject to the permit, lease, or contract has been leased for 
     mineral development.
       (4) Base properties.--If land conveyed by the State under 
     this Act is used by a grazing permittee or lessee to meet the 
     base property requirements for a Federal grazing permit or 
     lease, the land shall continue to qualify as a base property 
     for the remaining term of the lease or permit and the term of 
     any renewal or extension of the lease or permit.
       (c) Hazardous Materials.--
       (1) In general.--The Secretary and, as a condition of the 
     exchange, the State shall make available for review and 
     inspection any record relating to hazardous materials on the 
     land to be exchanged under this Act.
       (2) Costs.--The costs of remedial actions relating to 
     hazardous materials on land acquired under this Act shall be 
     paid by those entities responsible for the costs under 
     applicable law.
       (d) Easement.--The conveyance of Federal land in sec. 33, 
     T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt 
     Lake Meridian, shall be subject to a 1,000 foot wide scenic 
     easement and a 200 foot wide road right-of-way previously 
     granted to the National Park Service for the Dinosaur 
     National Monument, as described in Land Withdrawal No. U-
     0141143, pursuant to the Act of September 8, 1960 (74 Stat. 
     857,861).

[[Page H7712]]

     SEC. 5. TERMINATION OF AUTHORITY.

       The provisions of this Act shall terminate 5 years after 
     the date of enactment.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Alaska (Mr. Young) each will 
control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
  Before I go any further, I would like to thank the distinguished 
gentleman from Alaska, the former chairman of the Natural Resources 
Committee, for joining me in managing the bills from our committee here 
today.
  Mr. Speaker, H.R. 1275, introduced by our colleague Representative 
Jim Matheson, would direct the Secretary of the Interior to enter into 
a land exchange with the State of Utah for certain lands in Grand, San 
Juan, and Uintah Counties in Utah.
  The legislation authorizes the exchange of approximately 40,000 acres 
of Federal land and minerals for approximately 42,000 acres of State 
land and minerals. This exchange would place valuable conservation and 
recreation lands into public ownership while also benefiting public 
school funding in Utah.
  Many of the lands that the State of Utah is proposing to transfer to 
the Bureau of Land Management, the BLM, are lands within wilderness 
study areas, Areas of Critical Environmental Concern, or other 
sensitive areas. Many of the lands the State would acquire from the BLM 
have a high potential for development, and the State puts the receipts 
generated from the use of these lands into a trust fund for public 
schools in Utah.
  So I commend Representative Matheson for his hard work on, and 
commitment to advancing, H.R. 1275. Many land exchanges in Utah have 
been controversial in the past, but by actively working with all the 
stakeholders affected by this exchange, this bill now enjoys broad 
support.
  So I support H.R. 1275 and I urge its adoption by House today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  H.R. 1275 authorizes a land exchange that enhances the State of 
Utah's ability to fund public education. In return for 36,000 acres, 
the Federal Government will receive 46,000 acres of land that is of a 
higher conservation value and is believed to be environmentally 
sensitive.
  This legislation passed the House in the 109th and 110th Congresses 
and is supported by local and State governments, as well as 
representatives of the outdoor recreational and environmental 
communities. I believe this is a good bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1275, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. FOXX. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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