[Senate Report 118-153]
[From the U.S. Government Publishing Office]



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                                                       Calendar No. 305
                                                       
118th Congress }                                               {   Report
                                 SENATE
 2d Session    }                                               {  118-153

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 UTAH SCHOOL AND INSTITUTIONAL TRUST LANDS ADMINISTRATION EXCHANGE ACT 
                                OF 2023

                                _______
                                

                January 9, 2024.--Ordered to be printed

                                _______
                                

         Mr. Manchin, from the Committee on Energy and Natural 
                   Resources, submitted the following

                              R E P O R T

                         [To accompany S. 1405]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1405) to provide for the exchange of 
certain Federal land and State land in the State of Utah, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                Purpose

    The purpose of S. 1405 is to provide for the exchange of 
certain Federal land and State land in the State of Utah.

                          Background and Need

    On December 28, 2016, President Obama designated Bears Ears 
National Monument comprising approximately 1.3 million acres of 
public lands administered by the Bureau of Land Management in 
southeast Utah (Proclamation 9558). On December 4, 2017, 
President Trump issued a proclamation reducing the size of the 
monument to just under 201,400 acres (Proclamation 9681). On 
October 8, President Biden issued a proclamation restoring the 
monument to its original boundaries and retaining an additional 
11,200 acres added by President Trump (Proclamation 10285).
    The national monument encompasses the homelands of area 
Indian Tribes, including the Navajo, Hopi, Ute, and Zuni 
Pueblo. Some of these Tribes describe a pair of prominent rock 
outcroppings as ``Bears Ears'' in their language. The 
proclamation establishing the national monument describes the 
greater Bears Ears Area as ``characterized by deep sandstone 
canyons, broad desert mesas, towering monoliths, forested 
mountaintops dotted with lush meadows, and the striking Bears 
Ears Buttes, [and] has supported indigenous people of the 
Southwest from time immemorial and continues to be sacred land 
to the Hopi Tribe, Navajo Nation, Ute Indian Tribe of the 
Uintah and Ouray Reservation, Ute Mountain Ute Tribe, and 
Pueblo of Zuni. Approximately two dozen other Tribal Nations 
and Pueblos have cultural ties to the area as well.''
    In addition to restoring the national monument boundaries, 
Presidential Proclamation 10285 also directed the Secretary of 
the Interior to explore entering into an agreement with the 
State of Utah to exchange State trust lands located within the 
national monument boundaries for other federal lands of 
approximately equal value administered by the Bureau of Land 
Management outside of the monument.
    Like most western States, Congress granted Utah certain 
public lands upon being admitted to the Union to be used to 
raise revenue for public education. In Utah's case, the State 
received 4 sections in each township (commonly referred to as 
State trust lands) to be used for public education purposes.
    In 1994 the Utah Legislature created the Utah School and 
Institutional Trust Administration (SITLA) to manage Utah's 3.4 
million acres of trust land, generating revenue through energy 
and mineral leases, rents and royalties, real estate 
development and sales, and surface estate sales, leases and 
easements. SITLA deposits all proceeds into permanent 
endowments for each beneficiary.
    After more than a year of discussions, on March 17, 2023, 
the Interior Department, the State of Utah, and the Utah School 
and Institutional Trust Administration entered into an MOU 
under which the BLM would acquire approximately 162,510 acres 
of SITLA-administered lands within and near the national 
monument. In exchange, SITLA would acquire approximately 
167,012 acres of BLM lands located outside of the monument and 
in other areas of the State.
    Implementation of the land exchange will facilitate the 
BLM's management of the national monument while providing SITLA 
with lands outside of the monument that are more suitable for 
economic development necessary to meet its statutory mission.

                          Legislative History

    S. 1405 was introduced by Senators Lee and Romney on May 2, 
2023. The Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 1405 on July 12, 2023.
    Representative Curtis introduced a companion measure, H.R. 
3049, in the House of Representatives on May 2, 2023. The House 
Natural Resources Committee ordered H.R. 3049 favorably 
reported on July 26, 2023.

                        Committee Recommendation

    The Senate Committee on Energy and Natural Resources, in 
open business session on September 21, 2023, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1405.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides the short title for the bill, the ``Utah 
School and Institutional Trust Lands Administration Exchange 
Act of 2023.''

Section 2. Definitions

    Section 2 defines key terms used in the bill.

Section 3. Ratification of Agreement between the Administration, the 
        State of Utah, and the Secretary of the Interior

    Subsection (a) ratifies the Memorandum of Understanding 
agreed to between the Bureau of Land Management, the Utah 
School and Institutional Trust Lands Administration, and the 
State of Utah on March 17, 2023 (Agreement). The text of the 
Agreement is printed in the Appendix to this report.
    Subsection (b) directs the Secretary of the Interior 
(Secretary) to implement the Agreement.

Section 4. Conveyances

    Subsection (a) states that the land exchange outlined in 
the Agreement is in the public interest.
    Subsection (b) authorizes the conveyances of land described 
in the Agreement and requires that the conveyances be completed 
not later than 45 days after the date of enactment of the Act. 
The subsection also requires the conveyances of land in the 
Agreement be equalized if the Federal and State land are not 
equal in value.
    Subsection (c) requires that the map and legal descriptions 
be on file and available for public inspection and authorizes 
the Secretary to make technical corrections to the map and 
legal description. It also clarifies that if there is any 
conflict between the map and legal descriptions, the legal 
descriptions will control.
    Subsection (d) requires that any conveyance of land under 
the Act comply with applicable land use plans under section 202 
of the Federal Land Policy and Management Act of 1976 (FLPMA; 
43 U.S.C. 1712).

Section 5. Equalization of the exchange

    Subsection (a)(1) requires that not later than 18 months 
after the date of execution of the land exchange, the total 
value of the land exchange shall be determined by an appraisal 
in accordance with paragraph (5), based on land and mineral 
values present, be in accordance with FLPMA, and use nationally 
recognized appraisal standards.
    Paragraph (2) authorizes an appraisal to take into account 
reports of mineral deposits in the land being exchanged, and 
that if any mining claims apply, that they be appraised 
according to the Uniform Appraisal Standards for Federal Land 
Acquisition. It also clarifies that the United States is not 
required to conduct a mineral examination for any mining claim 
on lands conveyed under the Agreement.
    Paragraph (3) provides for the adjustment of the land value 
if there is the presence of minerals to reflect applicable 
revenue-sharing obligations under the Mineral Leasing Act. It 
also provides that any appraisals approved by the Secretary 
shall remain valid for 3 years after the date on which the 
appraisal is approved. Lastly, the subsection provides for a 
dispute resolution process if the Secretary and SITLA do not 
agree to accept the findings of an appraisal.
    Subsection (b) requires that if the Federal land and State 
land subject to conveyance are not equal in value, the values 
shall be equalized and the conveyance of any equalization 
parcels shall occur not later than 45 days after the date of 
the identification of the appraisal to ensure that the exchange 
is of equal value.

Section 6. Withdrawals

    Subsection (a) withdraws, subject to valid existing rights, 
the Federal land subject to exchange from mineral location, 
entry, and patent under the mining laws.
    Subsection (b) permanently withdraws, subject to valid 
existing rights, any State land subject to exchange from all 
forms of appropriation and disposal under the public land laws, 
including the mining and mineral leasing laws, and the 
Geothermal Steam Act of 1970.
    Subsection (c) authorizes the revocation of withdrawal of 
any Federal land to be conveyed to the State from appropriation 
or disposal under a public land law to the extent necessary to 
permit the conveyance of Federal land to the State.

Section 7. Sunnyside, Utah, water supply provisions

    Section 7 excludes any land being conveyed under this Act 
from the Act of January 7, 1921, which sets aside certain land 
in Utah for a water supply reserve for Sunnyside, Utah.

                   Cost and Budgetary Considerations

    The cost estimate provided by the Congressional Budget 
Office for S. 1405 follows:




    S. 1405 would ratify and direct the Department of the 
Interior (DOI) to implement, within 45 days of enactment, an 
agreement with the state of Utah. Under the agreement, DOI and 
the state would exchange about 170,000 acres of land of 
approximately equal value. Under the bill, any state land 
conveyed to the federal government would be withdrawn from 
mining, mineral, and geothermal leasing laws, subject to valid 
existing rights.
    The bill would require the exchanged land to be appraised 
within 18 months of the exchange and for the state and DOI to 
equalize any disparity in the value of the land exchanged by 
conveying additional land, as necessary. The cost of the 
appraisal would be shared by DOI and the state. CBO estimates 
DOI also would incur administrative costs to facilitate the 
land transfer. Using information from DOI, CBO estimates that 
the federal costs to complete the exchange would not exceed 
$500,000; that spending would be subject to the availability of 
appropriated funds.
    Using information from DOI, CBO estimates that some state 
and federal land that would be exchanged currently generates 
receipts from various land uses. Under current law, CBO 
estimates the state land will generate about $2,000 annually 
and the federal land about $5,000 annually over the 2024-2033 
period. Under the bill, payments formerly due to Utah or the 
United States would be payable by the leaseholder to the 
respective new landowner after the exchange.
    Since the amounts currently collected from the federal land 
are greater than receipts earned from the state land, CBO 
expects that conveying the land would result in the federal 
government receiving less receipts than under current law. 
Those receipts are recorded in the budget as a reduction in 
direct spending. Thus, CBO estimates that enacting the bill 
would increase direct spending by an insignificant amount over 
the 2024-2033 period.
    On November 21, 2023, CBO transmitted a cost estimate for 
H.R. 3049, the Utah School and Institutional Trust Lands 
Administration Exchange Act of 2023, as ordered reported by the 
House Committee on Natural Resources on July 26, 2023. The two 
bills are similar and CBO's estimates of their budgetary 
effects are the same.
    The CBO staff contact for this estimate is Lilia Ledezma. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                      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 S. 1405. 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 S. 1405, as ordered reported.

                   Congressionally Directed Spending

    S. 1405, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        Executive Communications

    The testimony provided by the Bureau of Land Management and 
the Utah School and Institutional Trust Lands Administration at 
the Subcommittee on Public Lands, Forests, and Mining hearing 
on S. 1405 on July 12, 2023, follows:

     Statement of Thomas Heinlein, Assistant Director for National 
Conservation Lands & Community Partnerships, Bureau of Land Management, 
                    U.S. Department of the Interior


    s. 1405, utah school & institutional trust lands administration 
                              exchange act


    S. 1405 would ratify a land exchange between the Department 
and the Utah School and Institutional Trust Lands 
Administration (SITLA). Under the bill, the BLM would acquire 
approximately 162,000 acres of lands, and interests in lands, 
managed by SITLA that are located largely within the Bears Ears 
National Monument (the Monument), in exchange for a roughly 
equivalent amount of public land and interests in land managed 
by the BLM across the State of Utah. The bill includes a post-
conveyance appraisal and equalization process to ensure that 
the exchanged lands, and interests in land, would be of equal 
value.
    The bill is consistent with President Obama's 2016 
Proclamation establishing the Monument and President Biden's 
2021 Proclamation restoring the boundaries and management 
conditions of the Monument. Both proclamations direct the 
Secretary of the Interior to explore entering into a memorandum 
of understanding (MOU) with the State of Utah that would set 
terms to exchange land owned by the State and administered by 
SITLA within the boundary of the Monument for land of 
approximately equal value managed by the BLM outside the 
Monument. The BLM supports S. 1405 as it would promote 
conservation and appropriate resource management, including the 
protection of invaluable cultural resources and sacred sites 
within Bears Ears National Monument.
    The Bears Ears National Monument is located in San Juan 
County, Utah, and is comprised of approximately 1.36 million 
acres of public land administered by the BLM as part of the 
National Landscape Conservation System and National Forest 
lands administered by the USFS. The Monument lands contain 
evidence of more than 13,000 years of occupation by indigenous 
peoples, including petroglyphs and pictographs, large villages, 
ancient cliff dwellings, ceremonial sites, and countless other 
objects that provide an extraordinary archaeological and 
cultural record. These archaeological and cultural resources 
were seminal to the passage of the Antiquities Act more than a 
century ago. The lands of the monument are profoundly sacred to 
many Tribal Nations, including the Ute Mountain Ute Tribe, 
Navajo Nation, Ute Indian Tribe of the Uintah and Ouray 
Reservation, Hopi Nation, and the Pueblo of Zuni, who continue 
to rely on these lands for religious, traditional, and 
ceremonial uses.
    The Monument contains several geologic marvels including 
deep sandstone canyons, desert mesas, the renowned Valley of 
the Gods, and the namesake Bears Ears Buttes, as well as a rich 
paleontological history that is only recently beginning to be 
understood. Areas within the Monument are also used by local 
communities and Tribal members for firewood gathering and 
livestock grazing. Beyond the vast cultural and natural 
resources found within the Monument, the area is also 
meaningful to recreationists who visit the Bears Ears region to 
backpack, rock climb, and river raft, among other recreational 
activities.
    Proclamation 10285, issued by President Biden on October 8, 
2021, directed the Secretary of the Interior to explore 
entering into an MOU with the State of Utah to exchange land 
administered by SITLA within the boundary of the Monument for 
land of approximately equal value managed by the BLM outside 
the boundary of the Monument in order to further the protective 
purposes of the Monument. On March 17, 2023, after more than a 
year of working closely to develop an agreement, the 
Department, the State of Utah, and SITLA entered into the 
``Memorandum of Understanding--Exchange of Lands.''
    The MOU sets forth the terms of a broad land exchange that 
is designed to promote conservation and appropriate resource 
management by exchanging SITLA inholdings within BLM-
administered public lands, including the Monument, for other 
BLM-administered public lands that are more suitable for 
revenue generation located in 20 counties within Utah that 
would further SITLA's statutory duties to benefit 
schoolchildren and other trust beneficiaries in the state. The 
BLM-administered public lands identified by SITLA for 
conveyance to SITLA were identified to maximize the potential 
for revenue generation (per the applicable statutory 
requirement) while avoiding management conflicts from 
significant wildlife resources; endangered species habitat; 
significant archaeological, cultural, and historic resources; 
areas that are sacred or are traditionally, spiritually, or 
religiously significant to Tribal Nations; lands within the 
boundaries of Indian reservations; areas of critical 
environmental concern; coal resources requiring surface mining; 
wilderness study areas; and significant recreation areas; and 
to promote the objectives and legal mandates of both the BLM 
and SITLA.
Analysis
    S. 1405 would ratify the terms of the MOU between the 
Department, SITLA, and the State of Utah, thereby facilitating 
the exchange of state-owned land, the majority of which is 
located within or proximate to the Monument, for BLM-
administered public lands throughout Utah. Under the bill, the 
BLM would acquire approximately 162,510 acres of lands 
administered by SITLA, including State inholdings within the 
Fish Creek Canyon, Road Canyon, Butler Wash, Mancos Mesa, and 
Bridger Jack Wilderness Study Areas. In return, SITLA would 
acquire approximately 167,012 acres of public lands currently 
managed by the BLM outside the Monument.
    The bill requires that the exchange outlined in the MOU 
take place within 45 days following enactment. To ensure that 
the exchange is of equal value, the legislation further 
requires that SITLA and the Department complete an appraisal of 
the exchanged lands within 18 months of the exchange, using 
nationally recognized appraisal standards. If the appraisal 
identifies a disparity in the total value of the exchange, the 
value would be equalized through the conveyance of specific 
state or Federal land, as appropriate. These ``equalization 
parcels'' are generally identified within the MOU.
    The land exchange contemplated in the MOU would allow the 
BLM to acquire lands containing important or sensitive 
resources, mostly within or adjacent to the Monument, while 
transferring public lands into State ownership for revenue 
generation that would further SITLA's statutory duties to 
provide a benefit for Utah schoolchildren and other trust 
beneficiaries. S. 1405 provides that the exchange of these 
lands is in the public interest, and that the values of the 
lands, as determined by the appraisal, are to be equal, 
consistent with land exchanges that would occur under Section 
206 of FLPMA. Like FLPMA, the land exchange provides options 
for equalizing the value including adding or removing parcels 
from the exchange.
                              ----------                              --
--------


Testimony of Michelle McConkie, Director, Utah School and Institutional 
                       Trust Lands Administration

    My name is Michelle McConkie, and I am the Director of the 
Utah School and Institutional Trust Lands Administration 
(``SITLA''), an independent state agency that manages state 
trust lands granted by Congress at statehood for the financial 
support of public education and other state institutions. In 
addition to public schools, beneficiaries of Utah's trust lands 
grants include the University of Utah, Utah State University, a 
hospital that provides healthcare to disabled miners, and the 
state schools for the blind and deaf. SITLA manages 
approximately 3.3 million acres of state trust lands, along 
with an additional million acres of severed mineral estate. 
Revenue from school trust lands--derived from oil and gas, 
mining, real estate development, and other activities, is 
deposited in the Utah Permanent School Fund, a perpetual 
endowment supporting public schools. The Utah Permanent School 
Fund has a balance of approximately $3.2 billion. Proceeds from 
the fund are distributed annually to every public school in the 
state to help with each school's most pressing academic needs.
    I encourage the Subcommittee, and Congress, to act 
favorably on S. 1405, the Utah School and Institutional Trust 
Lands Administration Exchange Act of 2023. This legislation 
would ratify, and provide authority to implement, a March 17, 
2023 land exchange agreement between SITLA, Utah Governor 
Spencer Cox, and Secretary of the Interior Deb Haaland. That 
agreement is the product of over a year and a half of 
discussions between the State, federal land managers, local 
governments, and other interested stakeholders. The proposed 
exchange is supported by rural county governments, various 
stakeholder groups, Governor Cox and the Utah legislature. We 
have worked hard to put together an exchange that will be fair 
and transparent financially, workable in implementation, and 
conducive to more effective land management by both the state 
and federal governments. We believe this legislation meets all 
these goals.
Management Conflicts Created by Federal Designations Surrounding State 
        Land Inholdings
    The fundamental problem addressed by this legislation is 
the issue of scattered state land inholdings embedded within 
federal conservation areas such as national monuments and other 
designations, and associated land management conflicts. The 
designation of the Bears Ears National Monument captured more 
than 200 scattered tracts of state trust land within its outer 
boundaries, totaling over 126,000 acres. The State has been 
charged by Congress and the Utah legislature with managing 
these school trust lands for the financial benefit of Utah's 
public education system. This is accomplished through mineral 
and real estate development and other revenue-generation 
activities. But restrictions on the use of surrounding federal 
lands, through establishment of the Monument, will limit the 
utility of the inheld state trust lands for economic 
development. And development of school trust lands within 
national monuments and other designations is directly at odds 
with the conservation purposes for which the surrounding 
federal lands were set aside. These conflicting mandates, and 
the checkerboard pattern of state trust lands inholdings, will 
make effective management of both state trust lands and the 
Monument itself very difficult if not impossible.
    While the declaration of the Monument, and its large 
geographic scope, are matters of significant controversy, and 
litigation, between the State of Utah and United States, both 
governments agree that trading out state land inholdings is in 
everyone's best interest.
The History of Land Exchanges as an Effective Solution
    Land exchanges are an effective solution to the management 
conflicts associated with inholdings. Exchanges can allow each 
government to manage consolidated lands as each party's land 
managers deem most advisable, without interference. In the last 
twenty-five years the State of Utah and the United States have 
worked successfully to complete a series of large 
congressionally-authorized land exchanges. These have included 
congressionally-mandated exchanges in 1998 concerning the Grand 
Staircase Escalante National Monument, in 2000 concerning 
federal wilderness in Utah's scenic West Desert, in 2009 
concerning sensitive recreational lands within river corridors, 
in 2016 concerning the Utah Test and Training military range, 
and in 2019 concerning federal wilderness designations in the 
San Rafael Swell area of central Utah.
    The hallmark of each of these exchanges was their ``win-
win'' nature. School trust lands with significant environmental 
values were placed into federal ownership, while federal lands 
with lesser environmental values but greater potential for 
revenue generation were exchanged to the State, thus fulfilling 
the purpose of the school land grants--providing financial 
support for public education.
The Proposed Land Exchange
    S. 1405 authorizes the conveyance to the United States of 
approximately 162,510.81 acres of Utah state school trust lands 
and minerals within and near the Bears Ears National Monument, 
as well as additional lands near the Bonneville Salt Flats of 
the Great Salt Lake and other areas of the state where 
management conflicts exist. In return, the State of Utah will 
receive approximately 167,012.69 acres of federal lands located 
in 20 counties throughout the state with lesser environmental 
sensitivity but greater potential for generating revenue for 
Utah's public education system--again, the purpose for which 
Congress originally granted trust lands to Utah and the other 
western states. These lands have been targeted for oil and gas 
development, mining, renewable energy projects, real estate 
development and land sales. The proposed land exchange will 
allow our agency to do what it does best--make money for our 
public schools--while allowing the Department of Interior to 
implement unified management of the Monument consistent with 
conservation goals.
    A few specific features of the proposed exchange 
legislation about which members of the Subcommittee may have 
questions warrant mention:
Timing of Conveyances
    Conveyances of the exchange lands by both governments are 
to be made within 45 days of enactment of the legislation. This 
will consolidate federal ownership within the Monument 
expeditiously to protect sensitive lands, avoid management 
conflicts, and permit both governments to achieve their goals.
Selection of Lands
    Lands to be acquired by the State of Utah were selected by 
SITLA for their revenue generation potential with recognition 
of potential environmental concerns and the values that may be 
placed on them by Tribal Nations. The agency's internal experts 
combined their own knowledge and decades of experience with 
that of local governments and industry partners to select lands 
that will not only provide millions of dollars in revenue to 
Utah's school trust but will also provide economic development 
opportunities for rural communities. The selection targets have 
been reviewed by BLM staff and other stakeholders to assure 
that they avoid significant wildlife resources, endangered 
species habitat, significant archaeological, cultural, and 
historic resources, areas that are sacred or are traditionally, 
spiritually, or religiously significant to Tribal Nations, 
areas of critical environmental concern, coal resources 
requiring surface mining, wilderness study areas, and 
significant recreation areas.
Land Valuation
    Preliminary estimates indicate that the State and Federal 
exchange lands are of approximately equal value. The MOU and 
ratifying legislation, however, provide that all exchange lands 
will be subject to independent appraisals using uniform 
appraisal standards and the existing standards contained in the 
Federal Land Policy and Management Act and its implementing 
regulations following conveyance. The independent appraisals 
will be subject to review by each party (including the 
Appraisal and Valuation Services Office (AVSO) for the 
Department of the Interior). This will confirm that lands are 
conveyed on an equal value basis. If any disparity in the total 
value of lands to be exchanged is found, an inventory of high 
value state land, and federal land, has been identified in 
southwestern Utah to be added to one side of the exchange as 
necessary to achieve equalized values. The federal equalization 
land the State would receive, if necessary, comprises real 
estate development land of low environmental sensitivity in 
Warner Valley, near St. George, Utah. The state equalization 
land the United States would receive is important habitat for 
the threatened desert tortoise in the area of the Red Cliffs 
NCA in southwestern Utah.
Protection of Rights Held Under Outstanding Leases, Permits, and Other 
        Grants
    The MOU and legislation protect existing grazing permits, 
associated preference and renewal opportunities, access, the 
use of range improvements, and related rights on both the State 
and Federal land to be exchanged.
    Existing mineral leases, rights of way, and surface use 
agreements on the State and Federal lands are also protected, 
as are any rights found to be valid existing rights as of the 
date of conveyance.
Post-Exchange Land Management
    The majority of the state trust lands to be acquired by the 
United States are located within the exterior boundaries of the 
Bears Ears National Monument, while other parcels lie within 
designated areas of critical environmental concern, special 
recreation management areas, a wilderness study area, and other 
environmentally sensitive areas. The MOU and legislation 
provide that exchange lands acquired by the United States that 
lie within the Monument will be managed for Monument purposes. 
Similarly, any lands lying within federal wilderness areas, or 
wilderness study areas, shall be managed consistent with those 
designations. All land acquired by the State in the exchange 
shall be managed as state trust land pursuant to governing 
state law.
Conclusion
    As President Biden stated in his October 8, 2021 
Proclamation, an agreement between the State of Utah and United 
States for the exchange of trust land inholdings for 
development lands located elsewhere is in the public interest. 
The March 17, 2023 MOU, as authorized and implemented by S. 
1405, fulfills that purpose in a manner that is fair to both 
governments. It is the product of over a year and a half of 
discussions between State and Federal land managers, with input 
from local governments and other interested stakeholders, and 
has the support of Utah Governor Spencer Cox and the Utah 
Legislature. I respectfully urge the Subcommittee to approve it 
expeditiously. Thank you again for the opportunity to testify 
today.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1405, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                         Act of January 7, 1921


                        41 Stat. 1087 Chapter 13


AN ACT For the protection of the water supply of the town of Sunnyside, 
                                  Utah

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
public lands within the several townships and subdivisions 
thereof hereinafter enumerated, situated in the county of 
Carbon and State of Utah, are hereby reserved from all forms of 
location, entry, or appropriation, whether under the mineral or 
nonmineral land laws of the United States, and set aside as a 
municipal water-supply reserve for the use and benefit of the 
people of the town of Sunnyside, a municipal corporation of the 
State of Utah, as follows, to wit: The south half of south half 
of section thirty-four, in township thirteen south, range 
fourteen east, Salt Lake base and meridian; and also the 
following lands which, when surveyed, will be described as 
follows, to wit: All of section eleven; west half of section 
twelve; all of section thirteen; and all of section fourteen, 
in township fourteen south, range fourteen east, of Salt Lake 
base and meridian.
    Sec. 2. That the lands heretofore described and reserved 
for municipal water-supply purposes shall be administered by 
the Secretary of the Interior, in cooperation with and at the 
exclusive expense of the town of Sunnyside, Utah, for the 
purpose of storing, conserving, and protecting from pollution 
the said water supply, and preserving, improving, and 
increasing the timber growth on said lands, to more accomplish 
such purposes; and to that end said municipality shall have the 
right, subject to the approval of the Secretary of the 
Interior, to the use of any and all parts of the lands reserved 
for the storage and conveying of water and construction and 
maintenance thereon of all improvements for such purposes: 
Provided, That deposits of coal or other minerals in the lands 
reserved by this Act may be leased or otherwise disposed of by 
the Secretary of the Interior under laws applicable to such 
deposits, if and when he shall find that same may be mined and 
removed without injury to the municipal water supply of 
Sunnyside, Utah.
    Sec. 3. That the said Secretary of the Interior is hereby 
authorized to prescribe and enforce such regulations as he may 
find necessary to carry out the purpose of this Act, including 
the right to forbid persons other than those authorized by him 
and the municipal authorities of said municipal corporation 
from entering or otherwise trespassing upon these lands, and 
any violation of this Act or of regulations issued thereunder 
shall be punishable as is provided for in section 50 of the Act 
entitled ``An Act to codify, revise, and amend the penal laws 
of the United States, approved March 4, 1909'' (Thirty fifth 
Statutes at Large, page 1098), as amended by the Act of 
Congress approved June 25, 1910 (Thirty-sixth Statutes at 
Large, page 857).
    Sec. 4. That this Act shall be subject to all legal rights 
heretofore acquired under any law of the United States, and the 
right to alter, amend, or repeal this Act is hereby expressly 
reserved.
    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 SW1/4 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, S1/2N1/2 
        and S1/2, of the Salt Lake Meridian.
          (3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S1/
        2NW1/4 and SW1/4, of the Salt Lake Meridian.
          (4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE1/4, 
        W1/2, and N1/2SE1/4, of the Salt Lake Meridian.
          (5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake 
        Meridian.