United States Statutes at Large, Volume 123, 111th Congress, 1st Session

[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 1982

Public Law 111-53
111th Congress

An Act


 
To direct the exchange of certain land in Grand, San Juan, and Uintah
Counties, Utah, and for other purposes. <>

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

[[Page 1983]]
123 STAT. 1983

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.
(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

[[Page 1984]]
123 STAT. 1984

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.

[[Page 1985]]
123 STAT. 1985

(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.

[[Page 1986]]
123 STAT. 1986

(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.--

[[Page 1987]]
123 STAT. 1987

(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).
SEC. 5. TERMINATION OF AUTHORITY.

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


[[Page 1988]]
123 STAT. 1988

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

Approved August 19, 2009.

LEGISLATIVE HISTORY--H.R. 1275:
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HOUSE REPORTS: No. 111-179 (Comm. on Natural Resources).
SENATE REPORTS: No. 111-67 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 155 (2009):
July 7, 8, considered and passed House.
Aug. 5, considered and passed Senate.