[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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