[Senate Report 106-463]
[From the U.S. Government Publishing Office]
Calendar No. 910
106th Congress Report
SENATE
2d Session 106-463
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UTAH WEST DESERT LAND EXCHANGE ACT OF 2000
_______
October 2 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4579]
The Committee on Energy and Natural Resources, to which was
referred the Act (H.R. 4579) to provide for the exchange of
certain lands within the State of Utah, having considered the
same, reports favorably thereon without amendment and
recommends that the Act do pass.
purpose of the measure
The purpose of H.R. 4579 is to ratify an agreement between
the State of Utah and the Department of the Interior under
which the State would transfer approximately 102,842 acres of
State lands in Utah's West Desert area in exchange for
approximately 106,058 acres of Federal lands.
background and need
The Utah Enabling Act of 1894 granted four sections in each
township to the State. These lands were granted for the support
of the public schools and are referred to as school trust
lands. The lands are not contiguous to each other and,
therefore, management of the school trust lands by the State is
often very difficult. In addition, since the school trust lands
are interspersed with Federal lands, the management of the
Federal lands is complicated as well.
The Utah West Desert Land Exchange Act of 2000 seeks to
resolve these problems by ratifying a land exchange agreement
between the State of Utah and the Department of the Interior.
The lands that will be exchanged are located within the West
Desert region of Utah. The Federal Government will receive
State lands located within several wilderness study areas 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.
Both the Secretary of the Interior and the Governor of Utah
agree that there is tremendous benefit to both parties to
consolidate the land holdings of the Federal Government and the
State within Utah. Both agree the exchange would provide the
State with lands more efficiently managed to generate revenue
for schools and the Federal Government with lands more
efficiently managed for wilderness and other natural values.
The Secretary of the Interior and the Governor of Utah reached
an agreement to complete this exchange on May 30, 2000.
The legislation is needed because the proposed exchange
does not comply with the appraisal process and other procedural
requirements of the Federal Land Policy and Management Act of
1976 (FLPMA). Specifically, questions were raised about the
valuation method to be used. Traditional appraisal approaches
would make it very difficult and expensive to complete the land
exchange given the vast acreage and scattered nature of the
parcels involved and the detailed processing and documentation
requirements of standard appraisal techniques. The bill
contains provisions intended to provide a reasonable process
for assessing the value of the lands involved in the exchange
and to ensure the lands transferred are of approximately equal
value.
The land exchange would not be possible without the
legislation, resulting in continued inefficiencies in
management of both Federal and State lands and creating
unnecessary complexities for the management of Wilderness Study
Areas and other areas with wilderness and important natural
qualities.
legislative history
H.R. 4579 passed the House of Representatives by voice vote
on July 11, 2000 and was referred to the Committee on Energy on
Natural Resources on July 12, 2000. Companion legislation, S.
2754 was introduced by Senators Bennett and Hatch on June 20,
2000. The Subcommittee on Forests and Public Lands Management
held a hearing on both bills on July 20, 2000. At the business
meeting on September 20, 2000, the Committee on Energy and
Natural Resources ordered H.R. 4579 favorably reported without
amendment.
committee recommendations
The Senate Committee on Energy and Natural Resources, in
open business session on September 20, 2000, by a voice vote of
a quorum present, recommends that the Senate pass H.R. 4579.
section-by-section analysis
Section 1 cites the short title as the ``Utah West Desert
Land Exchange Act of 2000.''
Section 2 provides the findings and purposes of the Act.
Section 3 defines key terms used in the Act.
Section 4 ratifies terms and conditions described in the
Agreement for Exchange of Lands--West Desert State-Federal Land
Consolidation, entered into between the United States and the
State of Utah, dated May 30, 2000. The Agreement is reprinted
in Appendix A.
Section 5(a) requires completion of all conveyances under
sections 2 and 3 of the Agreement within 70 days of the
enactment of this Act.
Subsection 5(b) describes the maps depicting the land
conveyances, and provides that the maps shall be available for
public inspection and in case of any conflict between the maps
and legal descriptions, the legal descriptions shall control.
Section 6 requires the United States and the State of Utah
to each bear its own cost in carrying out this Act.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 25, 2000.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4579, the Utah
West Desert Land Exchange Act of 2000.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4579--Utah West Desert Land Exchange Act of 2000
H.R. 4579 would ratify an agreement between the Department
of the Interior (DOI) and the state of Utah to exchange certain
lands and mineral interests in the west desert region of that
state. CBO estimates that enacting this legislation would have
no significant impact on the federal budget. Because the act
could increase offsetting receipts (a form of direct spending),
pay-as-you-go procedures would apply, but we expect that any
such impacts would be insignificant in each year.
Under, H.R. 4579, the Secretary of the Interior would
convey to the state of Utah about 106,000 acres of federal
lands and mineral interests in exchange for about 106,000 acres
of state-owned lands and mineral interests. Pursuant to the
agreement ratified by the legislation, the properties to be
exchanged would be of approximately equal value. Under H.R.
4579, prior to any conveyance, both parties would select
independent appraisers to review the value of the properties.
If differences in value are found, the Secretary and the state
would have to adjust the exchange accordingly.
Based on information from DOI, we expect that the land
exchange would occur during fiscal year 2001. CBO estimates
that federal costs to complete the exchange would be less than
$100,000 in that year. According to DOI, the lands to be
conveyed by the Federal government currently generate no
significant receipts, and they are not expected to do so over
the next 10 years. According to DOI, the state lands that would
be conveyed to the federal government under H.R. 4579 would be
more valuable for grazing than the federal lands to be
exchanged. Hence, we expect that enacting this legislation
could result in a small increase in offsetting receipts from
grazing permits and a subsequent increase in payments to Utah
for its share of those receipts. Based on Information from DOI,
however, we estimate that the net impact of any such changes
would total only a few thousand dollars a year.
H.R. 4579 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
agreement that would be ratified by this legislation was
entered into voluntarily by the state of Utah. All costs and
benefits accruing to the state would be the result of that
agreement.
The CBO staff contact is Megan Carroll. This estimate was
approved by Robert A. Sunshine, Assistant Director for Budget
Analysis.
regulatory impact evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out H.R. 4579.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of H.R. 4579, as ordered reported.
executive communications
On September 20, 2000, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
the Interior and the Office of Management and Budget setting
forth executive views on the bill. These reports had not been
received at the time the report on H.R. 4579 was filed. When
the reports become available, the Chairman will request that
they be printed in the Congressional Record for the advice of
the Senate.
The testimony provided by the Department of Interior at the
Subcommittee hearing follows:
Statement of Sylvia Baca, Assistant Secretary Land and Minerals
Management, Department of the Interior
Good morning, Mr. Chairman. Thank you for this opportunity
to testify in support of S. 2754, the Utah West Desert Land
Exchange Act of 2000. This bill ratifies a recently negotiated
land exchange agreement between the Department of the Interior
and the State of Utah that addresses long-standing issues of
State-owned inholdings within sensitive areas of public land
ownership in the west desert of Utah, including critical
habitats and areas being considered for wilderness designation.
The Administration supports this legislation, and it is our
hope that we can work together to see S. 2754 quickly passed
into law.
The Administration has been working over the past few years
with Governor Leavitt's office in the long-overdue process of
addressing Utah's inholding problems. One has only to look at a
land-ownership may for the State of Utah to appreciate the
immense challenge before the State and the Federal governments.
The Utah Enabling Act of 1894 designated four sections from
each township, one-ninth of the total land in the state, to
finance public education. The scattered nature of these lands
has complicated their management ever since, both for the State
of Utah and the Federal government. Realignment of Utah's
school trust lands took a dramatic step forward with
legislation passed in the 105th Congress (P.L. 105-335), the
Utah Schools and Lands Exchange Act of 1998, the largest state-
federal land exchange ever in the lower forty-eight states.
This exchange consolidated federal ownership in the National
Parks, National Forests, Indian reservations, and the Grand
Staircase-Escalante National Monument. However, most of the
state remains with the checkerboard ownership pattern.
At the time of the negotiations that led to P.L. 105-335,
Governor Leavitt and Secretary Babbitt discussed whether they
should also seek agreement on some of the lands within the
boundaries of wilderness study areas. They decided that while
this goal was worthy, it was too much to consider at that time.
They agreed, however, to begin tackling that problem next. S.
2754 represents a step in that process by transferring public
lands in Utah's western desert managed by the Bureau of Land
Management (BLM) which contain wilderness characteristics or
critical habitat for desert tortoise to the Federal government.
As was the case with the Utah Schools and Lands Exchange
Act of 1998 (P.L. 105-335), the exchanges proposed in S. 2754
were designed with environmental integrity in mind. Trust lands
chosen for transfer to BLM were properties located within
existing Wilderness Study Areas, or within lands identified by
BLM's Utah Wilderness Inventory as having wilderness
characteristics or lands identified for acquisition in the
Washington County Habitat Conservation Plan. Consolidation of
these lands with surrounding public lands managed by BLM is in
keeping with planning recommendations for maintaining them in a
wild state.
Public lands the State of Utah will be receiving were
selected with the goal of equalizing values, while limiting
environmental impacts and providing the State some long-term
revenue potential. Recommended areas for transfer avoided
endangered species habitats, other significant wildlife
resources, archaeological resources, areas of critical
environmental concern, wilderness study areas, or any other
lands known to raise significant environmental concerns.
Properties to be acquired by Utah in this exchange are
generally more amenable to economic development than lands BLM
would acquire, with one notable exception.
It took almost twelve months of deliberations for the State
of Utah and BLM negotiators to arrive at what is now considered
by both to be a fair agreement. Both parties initially
established rough estimates of value for the properties in
question independently. Those estimates varied from each other
by less than twenty-five percent. The estimates were refined by
evaluations of comparable sales that identified a range of
values acceptable to both parties. The proposal was adjusted by
adding or subtracting parcels until both parties felt
comfortable that the exchange was approximately equal and fair.
The majority of the lands on each side of the exchange are
of comparatively low market value. The lands the State of Utah
is receiving are generally higher value because they have
better road access and closer proximity to utilities and other
improvements that would allow for future development. The State
of Utah would also receive title to several producing mineral
areas, which are currently operating under unpatented mining
claims subject to the Mining Law of 1872. These lands are
currently earning no revenue for the Federal government but are
of higher value in state ownership because the state would
receive a revenue stream from the producing mines. To offset
these higher value State-selected lands, while keeping the
overall package approximately equal in acreage and value, the
State offered additional state-owned lands within the
boundaries of the Washington County Habitat Conservation Plan
area for the protection of desert tortoise habitat. The
Conservation-Plan lands had high development potential within
the city limits of St. George and thus offset the higher value
BLM lands the state is receiving elsewhere. These lands had
been the subject of a recent appraisal because they are BLM's
highest priority for acquisition from the State, and they were
valued at their appraised value.
The parties to the agreement are comfortable that this
exchange has taken all relevant considerations into account.
The State of Utah will be receiving approximately 106,000 acres
of public land from BLM in exchange for approximately 106,000
acres of land that BLM would like to acquire. Complete titles
will be exchanged. In the majority of cases, this means entire
estates will be conveyed, but where BLM or the State only
control the mineral estate, only the mineral estate would be
conveyed. While Congress will be the ultimate judge of value,
the condition for ratification that was incorporated into the
House passed version (H.R. 4579, Sec. 3, (c)) could be added to
this bill to provide extra assurance that the proposed trade is
approximately equal value.
The Secretary and the Administration strongly support this
legislation as it is written. We believe it would be a serious
mistake to fail to seize the opportunity presented to us now to
resolve the long standing issues and potential management
problems raised by these inholdings. I want to thank Governor
Leavitt, Brad Barber, John Harja and Utah's School and
Institutional Trust Lands Administration for their hard work
and commitment to completing this exchange. As we see it, the
school children of Utah, Federal land users, taxpayers, and the
environment will all be winners when this bill is passed. I
would be pleased to answer any questions.
changes in existing law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the Act H.R. 4579, as
ordered reported.
A P P E N D I X A
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AGREEMENT FOR EXCHANGE OF LANDS WEST DESERT STATE-FEDERAL LAND
CONSOLIDATION
THIS AGREEMENT FOR EXCHANGE OF LANDS is entered this 30th
day of May, 2000 by and between the State of Utah and the
United States of America, Department of the Interior.
Purpose: The purpose of this instrument is to document an
agreement, subject to ratification by the Congress of the
United States, to exchange federal and state lands and
interests therein, of approximately equal value, located in the
West Desert area of the State of Utah.
SECTION 1. DEFINITIONS.
As used in this Agreement:
(A) BLM means the Bureau of Land Management of the
Department of the Interior.
(B) Department means the Department of the Interior and its
subsidiary agencies, including the BLM.
(C) FLPMA means the Federal Land Policy and Management Act,
Act of October 21, 1976, Pub. L. 94-579, 90 Stat. 2743, as
amended.
(D) Mineral Interest means all right, title and interest in
the mineral estate, including but not limited to metals, ores,
oil and gas, carbon dioxide, helium, coal, lignite, peat, gas
contained in or taken from coal seams (coalbed methane),
geothermal steam and heat, rock, stone, gravel, sand and
quartz, subject to valid existing rights in third parties as of
the date of this Agreement.
(E) State means the State of Utah and its subsidiary
agencies, including the Utah School and Institutional Trust
Lands Administration.
(F) Secretary means the Secretary of the Interior.
(G) Trust Lands means all right, title and interest of the
State on the date this Agreement is executed in lands granted
by the United States pursuant to sections 6, 7, 8 and 12 of the
Utah Enabling Act, ch. 138, 28 Stat. 107 (1894) to the State in
trust, and in other lands owned by the State on the date of
this Agreement which under State law must be managed for the
benefit of the public school system or the institutions of the
State which are designated by the Utah Enabling Act.
(H) Trust Lands Administration means the Utah School and
Institutional Trust Lands Administration.
(I) Wilderness Act means the Wilderness Act of 1964, 16
U.S.C. Sec. 1131 et seq.
SECTION 2. STATE LANDS AND MINERAL INTERESTS TO BE CONVEYED TO THE
UNITED STATES.
Subject to the terms and conditions of this Agreement, the
State shall convey to the United States all right, title and
interest of the State in the Trust Lands and Mineral interests
generally depicted on the map entitled ``West Desert Exchange--
Utah Trust Lands'' dated May 19, 2000, and more specifically
described in Exhibit ``A'' to this Agreement, which lands
include the following Trust Lands and Mineral Interests:
(A) Approximately 5760.84 acres of Trust Lands in the
Silver Island Mountains area in Box Elder and Tooele Counties,
Utah.
(B) Approximately 7827.60 acres of Mineral Interests in the
Cedar Mountains area in Tooele County, Utah.
(C) Approximately 12,325.46 acres of Trust Lands and 2560
acres of additional Mineral Interests in the Deep Creek
Mountains in Tooele and Juab Counties, Utah.
(D) Approximately 7680.80 acres of Trust Lands in the Fish
Springs Mountains in Juab County, Utah.
(E) Approximately 3879.92 acres of Trust Lands in the Pilot
Peak Range in Box Elder County, Utah.
(F) Approximately 11,612.74 acres of Trust Lands in the
Swasey Mountain area in Juab and Millard Counties, Utah.
(G) Approximately 8241.07 acres of Trust Lands in the Notch
Peak area in Millard County, Utah.
(H) Approximately 3839.28 acres of Trust Lands in the
Howell Peak area in Millard County, Utah.
(I) Approximately 9906.64 acres of Trust Lands in the King
Top area in Millard County, Utah.
(J) Approximately 7959.04 acres of Trust Lands in the North
Wah Wah Mountains in Millard and Beaver Counties, Utah.
(K) Approximately 6910.61 acres of Trust Lands in the
Central Wah Wah Mountains in Beaver County, Utah.
(L) Approximately 3933.16 acres of Trust Lands in the
Granite Peak area in Beaver County, Utah.
(M) Approximately 2162.64 acres of Trust Lands in the Red
Mountain area in Washington County, Utah.
(N) Approximately 80 acres of Trust Lands and an additional
240 acres of Mineral Interests in the Deep Creek area in
Washington County, Utah.
(O) Approximately 1920 acres of Trust Lands in the Black
Ridge area in Washington County, Utah.
(P) Approximately 5608.50 acres of Trust Lands and an
additional 560 acres of Mineral Interests in the Canaan
Mountain area in Kane and Washington Counties, Utah.
(Q) Approximately 960 acres of Trust Lands in the
Cottonwood Canyon area in Washington County, Utah.
(R) Approximately 640 acres of Trust Lands in the Red Butte
area in Washington County, Utah.
(S) Approximately 483.28 acres of Trust Lands within the
Red Cliffs Desert Reserve in Washington County, Utah.
(T) Approximately 1191.21 acres of Trust Lands wholly or
partially within the exterior boundary of the Beaver Dam Wash
Wilderness, in Washington County, Utah.
SECTION 3. FEDERAL LANDS AND MINERAL INTERESTS TO BE CONVEYED TO THE
STATE.
Subject to the terms and conditions of this Agreement, the
Department shall convey to the State or its nominee all right,
title and interest of the United States in the BLM lands and
Mineral Lands generally depicted on the map entitled ``West
Desert Exchange--BLM Lands'' dated May 19, 2000, and more
specifically described in Exhibit ``B'' to this Agreement,
which lands include the following BLM lands and Mineral
Interests:
(A) I-80 Corridor tracts, comprising approximately
11,854.53 Acres of BLM land in Tooele County, Utah.
(B) St. John tract, comprising approximately 8678.14 acres
of BLM land in Tooele County, Utah.
(C) Tooele Army Depot No. 1 tract, comprising approximately
6880.63 acres of BLM land in Tooele County, Utah.
(D) Tintic Valley tracts, comprising approximately
14,253.51 acres of BLM land Juab County, Utah.
(E) Brush Wellman tracts, comprising approximately 6173.70
acres of BLM land in Juab County, Utah.
(F) Intermountain Power Plant tract, comprising
approximately 17,625.97 acres of BLM land and an additional
940.61 acres of BLM Mineral Interests in Millard County, Utah.
(G) Continental Lime tract, comprising approximately
1849.21 acres of BLM land in Millard County, Utah.
(H) Oak City tracts, comprising approximately 13,625.36
acres of BLM land in Millard County, Utah.
(I) Milford tract, comprising approximately 22,123.32 acres
of BLM land in Beaver County, Utah.
(J) Beaver tract, comprising approximately 720 acres of BLM
land in Beaver County, Utah.
(K) Cedar City GC tract, comprising approximately 137.12
acres of BLM land in Iron County, Utah.
(L) Cross Hollow Hills tract, comprising approximately
357.50 acres of BLM land in Iron County, Utah.
(M) Quichapa Creek tract, comprising approximately 743.76
acres of BLM land in Iron County, Utah.
(N) La Verkin tract, comprising approximately 315 acres of
BLM land in Washington County, Utah.
(O) Warner Valley tract, comprising approximately 600 acres
of BLM land in Washington County, Utah.
(P) Anderson Junction tract, comprising approximately 80
acres of BLM land in Washington County, Utah.
(Q) Ivins tract, comprising approximately 40 acres of BLM
land in Washington County, Utah.
SECTION 4. LEGISLATION.
This agreement shall not be terminated before January 1,
2001. Beginning on January 1, 2001, either party may, but is
not obligated to, terminate this Agreement unless legislation
shall have been enacted by the United States authorizing and
ratifying this Agreement.
SECTION 5. CLOSING AND TRANSFER OF TITLE.
The following provisions shall govern conveyances of lands
to be exchanged pursuant to this Agreement:
(A) All conveyances by the United States and the State
shall be subject to valid existing rights and interests
outstanding in third parties; provided, however, that all
conveyances by the State to the United States shall be subject
only to those valid existing surface and mineral leases,
grazing permits and leases, easements, rights of way, and other
interests outstanding in third parties found acceptable under
the Attorney General's title regulations.
(B) All conveyances by the State shall be in a form
acceptable to the Secretary and in conformity with applicable
title standards of the Attorney General of the United States.
SECTION 6. MANAGEMENT OF LANDS ACQUIRED BY THE UNITED STATES.
All lands or interests therein acquired by the United
States pursuant to section 2 of this Agreement shall be
administered by the BLM and shall be subject to all applicable
laws and regulations, subject to valid existing rights.
Notwithstanding the foregoing, if any portion of the
transferred lands are wholly or partially encompassed within a
wilderness study area created pursuant to Section 603 of FLPMA
or other authority if applicable, or within a wilderness area
created by Congress under authority of the Wilderness Act, then
those lands shall be administered, subject to valid existing
rights, pursuant to applicable statutes and regulations
governing wilderness study areas or wilderness areas,
respectively.
SECTION 7. MANAGEMENT OF LANDS ACQUIRED BY THE STATE.
All lands or interests therein acquired by the State
pursuant to section 3 of this Agreement shall be managed by the
Trust Lands Administration as Trust Lands pursuant to Title 53C
of the Utah Code.
SECTION 8. WATER RIGHTS.
All water rights, if any, held by the transferor that are
appurtenant to the lands exchanged pursuant to this Agreement
shall be conveyed with the land. Nothing contained in this
Agreement shall impair valid existing water rights owned by
private parties. Nothing in this Agreement shall expand or
diminish Federal or State jurisdiction, responsibilities,
interests, or rights, in water resource adjudication,
allocation, development, or control.
SECTION 9. GRAZING PERMITS.
(A) On all lands acquired by the United States under
section 2, the Secretary shall honor, for the remainder of the
applicable term, all leases, permits and contracts for the
grazing of domestic livestock, and the related terms and
conditions of user agreements on Trust Lands, including
permitted stocking rates, grazing fee levels, access rights,
and ownership and use of range improvements. Upon expiration of
any lease or permit, the holder shall be entitled to a
preference right to renew such lease or permit to the extent
provided by Federal law.
(B) In any instance where lands conveyed by the State under
section 2 are used by a grazing permittee or lessee to meet the
base property requirements for a federal grazing permit or
lease, such lands shall continue to qualify as base properties
for the remaining term of the lease or permit and any renewal
or extensions thereof.
(C) Title to, or any interest in, any range improvement
held by the United States or the State on any lands exchanges
under this Agreement shall be transferred with such lands.
Nothing in this Agreement shall operate to divest title to, or
any interest in, any range improvement held by any person on
such lands.
(D) On all lands acquired by the State under section 3, the
State shall continue, for the remainder of the applicable term,
all leases, permits and contracts for the grazing of domestic
livestock, and the related terms and conditions of user
agreements on Federal lands, including permitted stocking
rates, grazing fee levels, access rights, and ownership and use
of range improvements. Such leases, permits and contracts shall
be subject to compliance with terms and conditions of the
leases, permits or contracts, together with such reasonable
regulations as the State may prescribe concerning range
conditions. Upon expiration of any lease or permit, the holder
shall be entitled to a right of first refusal for the renewal
of such lease or permit under state law. Nothing in this
Agreement shall prevent the State from canceling any grazing
permit when the underlying land is sold or leased for non-
grazing purposes by the State.
SECTION 10. SURFACE AGREEMENTS AND PERMITS.
(A) The United States shall assume all rights and duties of
the State under all State rights-of-way and special use
agreements on lands conveyed to the United States pursuant to
this Agreement. All such rights-of-way and agreements shall
remain in effect for the remainder of the applicable term after
conveyance, except that such rights-of-way and agreements shall
be managed and enforced by the United States. The rents, fees
and other payments formerly due to the State under the terms of
such rights-of-way and agreements shall be payable to the
holder to the United States.
(B) The State shall assume all rights and duties to the
United States under all Federal rights-of-way, surface use
permits and agreements on lands conveyed to the State pursuant
to this Agreement. All such rights-of-way and agreements shall
remain in effect for the remainder of the applicable term after
conveyance, except that such rights-of-way,permits and
agreements shall be managed and enforced by the State. The rents, fees,
and other payments formerly due to the United States under the terms of
such rights-of-way, permits and agreements shall be payable by the
holder to the State.
(C) Nothing in this Act shall expand or diminish the rights
of any person or entity in any pre-existing rights-of-way
established under State or Federal law, and the conveyances to
be made under this Agreement shall be subject to such pre-
existing rights-of-way, if any, as valid existing rights.
SECTION 11. MINERAL LEASES AND LANDS.
In connection with mineral lands and interests conveyed
pursuant to this Agreement:
(A) The State shall succeed the United States as lessor of
all federal mineral leases on lands conveyed to the State
pursuant to this Agreement. All rights, terms, and agreements
under such leases (including authorizations for easements,
facilities, operations, on other appurtenances on such lands)
shall remain in effect after such conveyance except that such
rights, terms, and agreements shall be managed and enforced by
the State. The rents, royalties, fees and other payments
formerly due the United States under such terms shall be
payable by the Lessee to the State. The Leaseholder shall be
entitled to Lease extension and renewal to the extent provided
under Federal law, regulations, and the Lease Agreement.
(B) The Secretary shall succeed the State as lessor of all
State mineral leases on lands conveyed to the Secretary
pursuant to this Agreement. All rights, terms and agreements
under such Lease (including authorizations for easements,
facilities, operations, or other appurtenances on such lands)
shall remain in effect after such conveyance, except that such
rights, terms and agreements shall be managed and enforced by
the Secretary. The rents, royalties, fees, and other payments
formerly due to the State under such terms shall be payable by
the Lessee to the United States.
(C) If any of the lands conveyed to the State under this
Agreement are encumbered by mining claims, mill sites or tunnel
sites located under the Mining Law of 1872, 30 U.S.C. Sec. 22
et seq., the State will recognize the mining claimants' and
siteholders' interests in all valid mining claims and site
locations and allow them to develop those minerals or use the
sites so long as they comply with applicable laws and
regulations, including without limitation applicable state
filing and claim maintenance requirements; provided, however,
that nothing herein shall preclude the State and any claimant
or siteholder from agreeing to the relinquishment of any claim
or site on mutually acceptable terms. The State shall further
adjudicate any mining claim or site validity issues in the
appropriate state or Federal court according to the Mining Law
of 1872, as amended, and case law and administrative guidance
interpreting that law. The BLM will provide notice to each
mining claimant and site holder that its mining claims or site
locations: (1) will be administered by the Trust Lands
Administration and that compliance with state filing and claim
maintenance requirements contained in Utah Code Ann. Sec. 53C-
2-104 will be required to avoid abandonment of such claim under
state law; (2) will no longer be administered by the United
States; (3) will no longer be subject to Federal filing or fee
requirements or BLM surface management requirements; and (4)
that the Secretary no longer has jurisdiction to adjudicate the
validity of any mining claim or site.
SECTION 12. HAZARDOUS WASTE.
(A) Notwithstanding the transfer to the United States of
the lands and interests therein described in section 2, the
State shall continue to be responsible to the extent it is
responsible on the date of transfer of title for all
environmental remediation, waste management and environmental
compliance activities arising from ownership and control of
lands and interests therein pursuant to applicable Federal and
State laws with respect to conditions existing on the lands at
the time of the transfer.
(B) Notwithstanding the transfer to the State of the lands
and interests therein described in section 3, the United States
shall continue to be responsible to the extent it is
responsible on the date of transfer of title for all
environmental remediation, waste management and environmental
compliance activities arising from the ownership and control of
lands and interests therein pursuant to applicable Federal and
State laws with respect to conditions existing on the lands at
the time of the transfer.
SECTION 13. GENERAL PROVISIONS.
In addition to the foregoing, the Department and the State
agree as follows:
(A) Nothing in this Agreement shall prevent the parties
from mutually agreeing to the correction of technical errors
and omissions in maps and legal descriptions contained or
incorporated herein.
(B) The parties agree to use reasonable diligence and
efforts to fulfill their respective obligations under this
Agreement, at all times that this Agreement is in effect.
IN TESTIMONY WHEREOF, we have hereunto set our hands and
caused to be affixed the Great Seal of the State of Utah on the
date first above written.
Bruce Babbitt,
Secretary of the Interior,
Department of the Interior.
Michael O. Leavitt,
Governor, State of Utah.