[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2374-S2376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 168. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 10___. UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS 
                   ADMINISTRATION EXCHANGE.

       (a) Definitions.--In this section:
       (1) Administration.--The term ``Administration'' means the 
     Utah School and Institutional Trust Lands Administration.
       (2) Agreement.--The term ``Agreement'' means the agreement 
     between the Administration, the State, and the Secretary to 
     exchange certain Federal land and interests in Federal land 
     for certain State land and interests in State land managed by 
     the Administration entitled ``Memorandum of Understanding--
     Exchange of Lands'' and dated March 17, 2023.
       (3) Legal description.--The term ``Legal Description'' 
     means a legal description that is included in Exhibit A to 
     the Agreement and that is part of the Agreement as of the 
     date of the conveyance of the applicable land under this 
     section.
       (4) Map.--The term ``Map'' means the map described in the 
     Agreement.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Utah.
       (b) Ratification of Agreement Between the Administration, 
     the State of Utah, and the Secretary of the Interior.--
       (1) Ratification.--All terms, conditions, procedures, 
     covenants, reservations, and other provisions included in the 
     Agreement--
       (A) shall be considered to be in the public interest;
       (B) are incorporated by reference into this section;
       (C) are ratified and confirmed by Congress; and
       (D) set forth the obligations of the United States, the 
     State, and the Administration under the Agreement as a matter 
     of Federal law.
       (2) Implementation.--The Secretary shall implement the 
     Agreement.
       (c) Conveyances.--
       (1) Public interest determination.--The land exchange 
     directed by the Agreement shall be considered to be in the 
     public interest.
       (2) Authorization.--
       (A) Conveyances.--Notwithstanding any other provision of 
     law, the conveyances of land and interests in land described 
     in paragraphs (2), (3), and (5) of the Agreement shall be 
     executed in accordance with this section and the Agreement.
       (B) Deadline for certain conveyances.--The conveyances of 
     land and interests in land described in paragraphs (2) and 
     (3) of the Agreement shall be completed not later than 45 
     days after the date of enactment of this Act.
       (C) Requirement.--If necessary, the conveyances of land and 
     interests in land described in the Agreement shall be 
     equalized in accordance with subsection (d)(2).
       (3) Map and legal descriptions.--
       (A) Public availability.--The Map and Legal Descriptions 
     shall be on file and available for public inspection in the 
     offices of the Secretary and the State Director of the Bureau 
     of Land Management.
       (B) Conflict.--In the case of any conflict between the Map 
     and the Legal Descriptions, the Legal Descriptions shall 
     control.
       (C) Technical corrections.--Nothing in this section 
     prevents the Secretary and the Administration from agreeing 
     to the correction of technical errors or omissions in the Map 
     or Legal Descriptions.
       (4) Adequacy of applicable plans.--A conveyance of Federal 
     land or an interest in Federal land to the State under the 
     Agreement shall be considered to comply with any applicable 
     land use plan developed under section 202 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1712).
       (d) Equalization of the Exchange.--
       (1) Appraisal.--
       (A) In general.--Not later than 18 months after the date of 
     execution of the exchange under subsection (c), the total 
     value of the land exchanged shall be determined by an 
     appraisal in accordance with paragraph (5) of the Agreement, 
     that shall--
       (i) be based on land and mineral values determined as of 
     the date of enactment of this Act;
       (ii) be conducted in accordance with section 206(d) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(d)); and
       (iii) use nationally recognized appraisal standards, 
     including--

       (I) the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (II) the Uniform Standards of Professional Appraisal 
     Practice.

       (B) Minerals.--
       (i) Mineral reports.--The appraisals conducted under 
     subparagraph (A) may take into account mineral and technical 
     reports provided by the Secretary and the Administration in 
     the evaluation of mineral deposits in the land and interests 
     in land exchanged under the Agreement.
       (ii) Mining claims.--The appraisal of any parcel of Federal 
     land or interest in Federal land that is encumbered by a 
     mining claim, mill site, or tunnel site located under the 
     mining laws shall be conducted in accordance with standard 
     appraisal practices, including, as appropriate, the Uniform 
     Appraisal Standards for Federal Land Acquisition.
       (iii) Validity examinations.--Nothing in this subparagraph 
     requires the United States to conduct a mineral examination 
     for any mining claim on the Federal land or interest in 
     Federal land conveyed under the Agreement.
       (C) Adjustment.--
       (i) In general.--If value is attributed to any parcel of 
     Federal land or interest in Federal land through an appraisal 
     under subparagraph (A) based on the presence of minerals 
     subject to leasing under the Mineral Leasing Act (30 U.S.C. 
     181 et seq.), the value of the parcel or interest in Federal 
     land (as otherwise established under this paragraph) shall be 
     reduced by the percentage of the applicable Federal revenue 
     sharing obligation under section 35(a) of the Mineral Leasing 
     Act (30 U.S.C. 191(a)).
       (ii) Limitation.--Any adjustment under clause (i) shall not 
     be considered to be a property right of the State.
       (D) Approval; duration.--An appraisal conducted under 
     subparagraph (A) shall--
       (i) be submitted to the Secretary and the Administration 
     for approval; and
       (ii) remain valid for 3 years after the date on which the 
     appraisal is approved by the Secretary and the Administration 
     under clause (i).
       (E) Dispute resolution.--If, by the date that is 90 days 
     after the date of submission of an appraisal for review and 
     approval under subparagraph (D)(i), the Secretary and the 
     Administration do not agree to accept the findings of the 
     appraisal with respect to any parcel of land or interest in 
     land to be exchanged, the dispute shall be resolved in 
     accordance with section 206(d)(2) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716(d)(2)).
       (2) Equalization of values.--If the total value of the 
     State land described in paragraph (2) of the Agreement and 
     the total value of the Federal land and interests in Federal 
     land described in paragraph (3) of the Agreement, as 
     determined under paragraph (1), are not equal--
       (A) the value shall be equalized in accordance with 
     paragraph (5) of the Agreement; and
       (B) the conveyance of equalization parcels, in accordance 
     with paragraph (5) of the Agreement, shall occur not later 
     than 45 days after the date of the identification of the 
     appraised equalization parcels or portions of parcels to be 
     conveyed to ensure that the exchange is of equal value.
       (e) Withdrawals.--
       (1) Withdrawal of federal land from mineral entry prior to 
     exchange.--Subject to valid existing rights, the Federal land 
     and interests in Federal land to be conveyed to the State 
     under subsection (c)(2) are withdrawn from mineral location, 
     entry, and patent under the mining laws pending conveyance of 
     the Federal land and interests in Federal land to the State.
       (2) Withdrawal of state land conveyed to the united 
     states.--Subject to valid existing rights, on the date of 
     acquisition by

[[Page S2376]]

     the United States, the State land described in paragraph (2) 
     of the Agreement acquired by the United States under 
     subsection (c)(2), to the extent not subject to previous 
     withdrawals, is permanently withdrawn from all forms of 
     appropriation and disposal under--
       (A) the public land laws (including the mining and mineral 
     leasing laws); and
       (B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et 
     seq.).
       (3) Withdrawal revocation.--Any withdrawal of the parcels 
     of Federal land and interests in Federal land described in 
     paragraph (3) of the Agreement to be conveyed to the State 
     under subsection (c)(2) from appropriation or disposal under 
     a public land law shall be revoked to the extent necessary to 
     permit the conveyance of the Federal land parcel to the State 
     free of any encumbrances associated with power site reserves 
     or classifications.
       (f) Sunnyside, Utah, Water Supply Provisions.--The Act of 
     January 7, 1921 (41 Stat. 1087, chapter 13), is amended by 
     adding at the end the following:

     ``SEC. 5. CERTAIN EXCLUSIONS.

       ``Notwithstanding any other provision of this Act, the 
     provisions of this Act of shall not apply to the following:
       ``(1) S\1/2\SW\1/4\ sec 34, T. 13 S., R. 14 E., of the Salt 
     Lake Meridian.
       ``(2) Lots 1-4, T. 14 S., R. 14 E., sec. 11, S\1/2\N\1/2\ 
     and S\1/2\, of the Salt Lake Meridian.
       ``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
     2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
       ``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\, 
     W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
       ``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake 
     Meridian.''.
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