I 

114TH CONGRESS 

2D SESSION H. R. 4579 

To withdraw certain Bureau of Land Management land in the State of 

Utah from all forms of public appropriation, to provide for the shared 

management of the withdrawn land by the Secretary of the Interior 

and the Secretary of the Air Force to facilitate enhanced weapons testing 

and pilot training, enhance public safety, and provide for continued 

public access to the withdrawn land, to provide for the exchange of 

certain Federal land and State land, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2016 

Mr. STEWART (for himself, Mr. BISHOP of Utah, Mr. CHAFFETZ, and Mrs. 

LOVE) introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

To withdraw certain Bureau of Land Management land in 

the State of Utah from all forms of public appropriation, 

to provide for the shared management of the withdrawn 

land by the Secretary of the Interior and the Secretary 

of the Air Force to facilitate enhanced weapons testing 

and pilot training, enhance public safety, and provide 

for continued public access to the withdrawn land, to 

provide for the exchange of certain Federal land and 

State land, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Utah Test and Training Range Encroachment Preven6 tion and Temporary Closure Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—UTAH TEST AND TRAINING RANGE 

Sec. 101. Management of BLM land. 

Sec. 102. Temporary closures. 

Sec. 103. Community resource group. 

Sec. 104. Liability. 

Sec. 105. Effects of title. 

TITLE II—LAND EXCHANGE 

Sec. 201. Findings and purpose. 

Sec. 202. Definitions. 

Sec. 203. Exchange of Federal land and non-Federal land. 

Sec. 204. Status and management of non-Federal land after exchange. 

Sec. 205. Hazardous materials. 

TITLE III—HIGHWAY RIGHTS-OF-WAY 

Sec. 301. Recognition and transfer of certain highway rights-of-way. 

9 SEC. 2. FINDINGS. 

10 Congress finds that— 

11 (1) the testing and development of military 

12 weapons systems and the training of military forces 

13 are critical to ensuring the national security of the 

14 United States; 


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1 (2) the Utah Test and Training Range is a 

2 unique and irreplaceable national asset at the core 

3 of the test and training mission of the Department 

4 of Defense; 

5 (3) continued access to the special use airspace 

6 and land that comprise the Utah Test and Training 

7 Range, under the terms and conditions described in 

8 this Act is a national security priority; 

9 (4) multiple use of, sustained yield activities on, 

10 and access to the BLM land are vital to the cus11 toms, culture, economy, ranching, grazing, and 

12 transportation interests of the counties in which the 

13 BLM land is situated; and 

14 (5) the limited use by the military of the BLM 

15 land and airspace above the BLM land is vital to 

16 improving and maintaining the readiness of the 

17 Armed Forces. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) BLM LAND.—The term ‘‘BLM land’’ 

21 means the Bureau of Land Management land in the 

22 State comprising approximately 625,643 acres, as 

23 generally depicted on the map entitled ‘‘Utah Test 

24 and Training Range Enhancement/West Desert 

25 Land Exchange’’ and dated February 12, 2016. 


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1 (2) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

3 (3) STATE.—The term ‘‘State’’ means the State 

4 of Utah. 

5 (4) UTAH TEST AND TRAINING RANGE.— 

6 (A) IN GENERAL.—The term ‘‘Utah Test 

7 and Training Range’’ means the portions of the 

8 military land and airspace operating area of the 

9 Utah Test and Training Area that are located 

10 in the State. 

11 (B) INCLUSION.—The term ‘‘Utah Test 

12 and Training Range’’ includes the Dugway 

13 Proving Ground. 

14 TITLE I—UTAH TEST AND 

15 TRAINING RANGE 

16 SEC. 101. MANAGEMENT OF BLM LAND. 

17 (a) MEMORANDUM OF AGREEMENT.— 

18 (1) DRAFT.— 

19 (A) IN GENERAL.—Not later than 90 days 

20 after the date of enactment of this Act, the Sec21 retary and the Secretary of the Air Force shall 

22 complete a draft of the memorandum of agree23 ment required under paragraph (2). 

24 (B) PUBLIC COMMENT PERIOD.—During 

25 the 30-day period beginning on the date on 


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1 which the draft memorandum of agreement is 

2 completed under subparagraph (A), there shall 

3 be an opportunity for public comment on the 

4 draft memorandum of agreement, including an 

5 opportunity for the Utah Test and Training 

6 Range Community Resource Group established 

7 under section 103(a) to provide comments on 

8 the draft memorandum of agreement. 

9 (2) REQUIREMENT; DEADLINE.— 

10 (A) IN GENERAL.—Not later than 180 

11 days after the date of enactment of this Act, 

12 the Secretary and the Secretary of the Air 

13 Force shall enter into a memorandum of agree14 ment that provides for the continued manage15 ment of the BLM land by the Secretary, in a 

16 manner that provides for the limited use of the 

17 BLM land by the Secretary of the Air Force, 

18 consistent with this Act. 

19 (B) SIGNATURES REQUIRED.—The terms 

20 of the memorandum of agreement, including a 

21 temporary closure of the BLM land under the 

22 memorandum of agreement, may not be carried 

23 out until the date on which all parties to the 

24 memorandum of agreement have signed the 

25 memorandum of agreement. 


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1 (3) MANAGEMENT BY SECRETARY.—The memo2 randum of agreement under paragraph (2) shall pro3 vide that the Secretary (acting through the Director 

4 of the Bureau of Land Management) shall continue 

5 to manage the BLM land— 

6 (A) as land described in section 

7 6901(1)(B) of title 31, United States Code; 

8 (B) for multiple use and sustained yield 

9 goals and activities as required under sections 

10 102(a)(7) and 202(c)(1) of the Federal Land 

11 Policy and Management Act of 1976 (43 U.S.C. 

12 1701(a)(7), 1712(c)(1)) and defined in section 

13 103 of that Act (43 U.S.C. 1702), including all 

14 principal or major uses on Federal land recog15 nized pursuant to the definition of the term in 

16 section 103 of that Act (43 U.S.C. 1702); 

17 (C) in accordance with section 202 of the 

18 Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1712); and 

20 (D) subject to use by the Secretary of the 

21 Air Force provided under section 102 for— 

22 (i) the preservation of the Utah Test 

23 and Training Range against current and 

24 future encroachments that the Secretary of 

25 the Air Force finds to be incompatible with 


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1 current and future test and training re2 quirements; 

3 (ii) the testing of— 

4 (I) advanced weapon systems, in5 cluding current weapons systems, 5th 

6 generation weapon systems, and fu7 ture weapon systems; and 

8 (II) the standoff distance for 

9 weapons; 

10 (iii) the testing and evaluation of 

11 hypersonic weapons; 

12 (iv) increased public safety for civil13 ians accessing the BLM land; and 

14 (v) other purposes relating to meeting 

15 national security needs. 

16 (b) MAP.—The Secretary may correct any minor er17 rors in the map described in section 3(1). 

18 (c) LAND USE PLANS.—Any land use plan in exist19 ence on the date of enactment of this Act that applies to 

20 the BLM land shall continue to apply to the BLM land. 

21 (d) MAINTAIN CURRENT USES.— 

22 (1) IN GENERAL.—Notwithstanding subsection 

23 (a)(3)(D), the memorandum of agreement entered 

24 into under subsection (a) and the land use plans de25 scribed in subsection (c) shall not diminish any 


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1 major or principle use that is recognized pursuant to 

2 section 103(l) of the Federal Land Policy and Man3 agement Act of 1976 (43 U.S.C. 1702(l)), except to 

4 the extent authorized in subsection (a). 

5 (2) ACTIONS BY SECRETARY OF THE AIR

6 FORCE.—The Secretary of the Air Force shall— 

7 (A) if corrective action is necessary due to 

8 an action of the Air Force, as determined by 

9 the Secretary of the Air Force, render the BLM 

10 land safe for public use; and 

11 (B) appropriately communicate the safety 

12 of the land to the Secretary once the BLM land 

13 is rendered safe for public use. 

14 (e) GRAZING.— 

15 (1) NEW GRAZING LEASES AND PERMITS.— 

16 (A) IN GENERAL.—The Secretary shall 

17 issue and administer any new grazing lease or 

18 permit on the BLM land, in accordance with 

19 applicable law (including regulations) and other 

20 authorities applicable to livestock grazing on 

21 Bureau of Land Management land. 

22 (B) NON-FEDERAL LAND LEVELS.—The 

23 Secretary (acting through the Director of the 

24 Bureau of Land Management) shall continue to 

25 issue and administer livestock grazing leases 


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1 and permits on the non-Federal land described 

2 in section 202(3), subject to the requirements 

3 described in subparagraphs (A) through (C) of 

4 paragraph (2). 

5 (2) EXISTING GRAZING LEASES AND PER6 MITS.—Any livestock grazing lease or permit appli7 cable to the BLM land that is in existence on the 

8 date of enactment of this Act shall continue in ef9 fect— 

10 (A) at the number of permitted animal 

11 unit months authorized under current applica12 ble land use plans; 

13 (B) if range conditions permit, at levels 

14 greater than the level of active use; and 

15 (C) subject to such reasonable increases 

16 and decreases of active use of animal unit 

17 months and other reasonable regulations, poli18 cies, and practices as the Secretary may con19 sider appropriate based on rangeland condi20 tions. 

21 (f) MEMORANDUM OF UNDERSTANDING ON EMER22 GENCY ACCESS AND RESPONSE.—Nothing in this section 

23 precludes the continuation of the memorandum of under24 standing that is between the Department of the Interior 

25 and the Department of the Air Force with respect to emerVerDate Sep 11 2014 03:03 Feb 17, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4579.IH H4579

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1 gency access and response, as in existence as of the date 

2 of enactment of this Act. 

3 (g) WITHDRAWAL.—Subject to valid existing rights, 

4 the BLM land is withdrawn from all forms of appropria5 tion under the public land laws, including the mining laws, 

6 the mineral leasing laws, and the geothermal leasing laws. 

7 (h) LIMITATION ON FUTURE RIGHTS-OF-WAY OR

8 USE PERMITS.—The Secretary may not issue any new use 

9 permits or rights-of-way on the BLM land for any pur10 poses that the Secretary of the Air Force determines to 

11 be incompatible with current or projected military require12 ments, with consideration given to the rangeland improve13 ments under section 105(h). 

14 (i) GRAZING AND RANCHING.—Efforts described in 

15 this Act to facilitate grazing and ranching on the BLM 

16 land and the non-Federal land described in section 202(3) 

17 shall be considered to be compatible with mission require18 ments of the Utah Test and Training Range. 

19 SEC. 102. TEMPORARY CLOSURES. 

20 (a) IN GENERAL.—If the Secretary of the Air Force 

21 determines that military operations (including operations 

22 relating to the fulfillment of the mission of the Utah Test 

23 and Training Range), public safety, or national security 

24 require the temporary closure to public use of any road, 

25 trail, or other portion of the BLM land, the Secretary of 


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1 the Air Force may take such action as the Secretary of 

2 the Air Force determines necessary to carry out the tem3 porary closure. 

4 (b) LIMITATIONS.—Any temporary closure under 

5 subsection (a)— 

6 (1) shall be limited to the minimum areas and 

7 periods during which the Secretary of the Air Force 

8 determines are required to carry out a closure under 

9 this section; 

10 (2) shall not occur on a State or Federal holi11 day, unless notice is provided in accordance with 

12 subsection (c)(1)(B); 

13 (3) shall not occur on a Friday, Saturday, or 

14 Sunday, unless notice is provided in accordance with 

15 subsection (c)(1)(B); and 

16 (4)(A) if practicable, shall be for not longer 

17 than a 3-hour period per day; 

18 (B) shall only be for longer than a 3-hour pe19 riod per day— 

20 (i) for mission essential reasons; and 

21 (ii) as infrequently as practicable and in no 

22 case for more than 10 days per year; and 

23 (C) shall in no case be for longer than a 6-hour 

24 period per day. 

25 (c) NOTICE.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary of the Air Force shall— 

3 (A) keep appropriate warning notices post4 ed before and during any temporary closure; 

5 and 

6 (B) provide notice to the Secretary, public, 

7 and relevant stakeholders concerning the tem8 porary closure— 

9 (i) at least 30 days before the date on 

10 which the temporary closure goes into ef11 fect; 

12 (ii) in the case of a closure during the 

13 period beginning on March 1 and ending 

14 on May 31, at least 60 days before the 

15 date on which the closure goes into effect; 

16 or 

17 (iii) in the case of a closure described 

18 in paragraph (3) or (4) of subsection (b), 

19 at least 90 days before the date on which 

20 the closure goes into effect. 

21 (2) SPECIAL NOTIFICATION PROCEDURES.—In 

22 each case for which a mission-unique security re23 quirement does not allow for the notifications de24 scribed in paragraph (1)(B), the Secretary of the Air 


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1 Force shall work with the Secretary to achieve a mu2 tually agreeable timeline for notification. 

3 (d) MAXIMUM ANNUAL CLOSURES.—The total cumu4 lative hours of temporary closures authorized under this 

5 section with respect to the BLM land shall not exceed 100 

6 hours annually. 

7 (e) PROHIBITION ON CERTAIN TEMPORARY CLO8 SURES.—The northernmost area identified as ‘‘Newfound9 land’s’’ on the map described in section 3(1) shall not be 

10 subject to any temporary closure between August 21 and 

11 February 28, in accordance with the lawful hunting meth12 ods and seasons of the State of Utah. 

13 (f) EMERGENCY GROUND RESPONSE.—A temporary 

14 closure of a portion of the BLM land shall not affect the 

15 conduct of emergency response activities on the BLM land 

16 during the temporary closure. 

17 (g) LAW ENFORCEMENT AND SECURITY.—The Sec18 retary and the Secretary of the Air Force may enter into 

19 cooperative agreements with State and local law enforce20 ment officials with respect to lawful procedures and proto21 cols to be used in promoting public safety and operation 

22 security on or near the BLM land during noticed test and 

23 training periods. 


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1 (h) LIVESTOCK.—Livestock shall be allowed to re2 main on the BLM land during a temporary closure of the 

3 BLM land under this section. 

4 SEC. 103. COMMUNITY RESOURCE GROUP. 

5 (a) ESTABLISHMENT.—Not later than 60 days after 

6 the date of enactment of this Act, there shall be estab7 lished the Utah Test and Training Range Community Re8 source Group (referred to in this section as the ‘‘Commu9 nity Group’’) to provide regular and continuing input to 

10 the Secretary and the Secretary of the Air Force on mat11 ters involving public access to, use of, and overall manage12 ment of the BLM land. 

13 (b) MEMBERSHIP.— 

14 (1) IN GENERAL.—The Secretary (acting 

15 through the State Bureau of Land Management Of16 fice) shall appoint members to the Community 

17 Group, including— 

18 (A) operational and land management per19 sonnel of the Air Force; 

20 (B) 1 Indian representative, to be nomi21 nated by a majority vote conducted among the 

22 Indian tribes in the vicinity of the BLM land; 

23 (C) not more than 2 county commissioners 

24 from each of Box Elder, Tooele, and Juab 

25 Counties, Utah; 


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1 (D) 2 representatives of off-road and high2 way use, hunting, and other recreational 

3 groups; 

4 (E) 2 representatives of livestock grazers 

5 on any public land located within the BLM 

6 land; 

7 (F) 1 representative of the Utah Depart8 ment of Agriculture and Food; and 

9 (G) not more than 3 representatives of 

10 State or Federal offices or agencies, or private 

11 groups, if the Secretary determines that such 

12 representatives would further the goals and ob13 jectives of the Community Group. 

14 (2) CHAIRPERSON.—The members described in 

15 paragraph (1) shall elect from among the members 

16 of the Community Group— 

17 (A) 1 member to serve as Chairperson of 

18 the Community Group; and 

19 (B) 1 member to serve as Vice-Chairperson 

20 of the Community Group. 

21 (c) CONDITIONS AND TERMS OF APPOINTMENT.— 

22 (1) IN GENERAL.—Each member of the Com23 munity Group shall serve voluntarily and without re24 muneration. 

25 (2) TERM OF APPOINTMENT.— 


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1 (A) IN GENERAL.—Each member of the 

2 Community Group shall be appointed for a 

3 term of 4 years. 

4 (B) ORIGINAL MEMBERS.—Notwith5 standing subparagraph (A), the Chairperson 

shall select 1 6 ⁄2 of the original members of the 

7 Community Group to serve for a term of 4 

years and the 1 8 ⁄2 to serve for a term of 2 years 

9 to ensure the replacement of members shall be 

10 staggered from year to year. 

11 (C) REAPPOINTMENT AND REPLACE12 MENT.—The Secretary may reappoint or re13 place a member of the Community Group ap14 pointed under subsection (b)(1), if— 

15 (i) the term of the member has ex16 pired; 

17 (ii) the member has retired; or 

18 (iii) the position held by the member 

19 described in subparagraphs (A) through 

20 (G) of paragraph (1) has changed to the 

21 extent that the ability of the member to 

22 represent the group or entity that the 

23 member represents has been significantly 

24 affected. 

25 (d) MEETINGS.— 


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1 (1) IN GENERAL.—The Community Group shall 

2 meet not less than once per year, and at such other 

3 frequencies as determined by five or more of the 

4 members of the Community Group. 

5 (2) RESPONSIBILITIES OF COMMUNITY

6 GROUP.—The Community Group shall be responsible 

7 for determining appropriate schedules for, details of, 

8 and actions for meetings of the Community Group. 

9 (3) NOTICE.—The Chairperson shall provide 

10 notice to each member of the Community Group not 

11 less than 10 business days before the date of a 

12 scheduled meeting. 

13 (4) EXEMPT FROM FEDERAL ADVISORY COM14 MITTEE ACT.—The Federal Advisory Committee Act 

15 (5 U.S.C. App.) shall not apply to meetings of the 

16 Community Group. 

17 (e) COORDINATION WITH RECOMMENDATIONS OF

18 COMMUNITY GROUP.—The Secretary and the Secretary of 

19 the Air Force, consistent with existing laws (including reg20 ulations), shall take under consideration recommendations 

21 from the Community Group. 

22 (f) TERMINATION OF AUTHORITY.—The Community 

23 Group shall terminate on the date that is 10 years after 

24 the date of enactment of this Act, unless the Secretary 


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1 and the Community Group mutually elect to terminate the 

2 Community Group before that date. 

3 (g) RENEWAL.—The Community Group may elect, by 

4 simple majority, to renew the term of the Community 

5 Group for 10 years, upon or within 90 days of termi6 nation, with the option to renew every 10 years thereafter. 

7 SEC. 104. LIABILITY. 

8 The United States (including all departments, agen9 cies, officers, and employees of the United States) shall 

10 be held harmless and shall not be liable for any injury 

11 or damage to any individual or property suffered in the 

12 course of any mining, mineral, or geothermal activity, or 

13 any other authorized nondefense-related activity, con14 ducted on the BLM land. 

15 SEC. 105. EFFECTS OF TITLE. 

16 (a) EFFECT ON WEAPON IMPACT AREA.—Nothing in 

17 this title expands the boundaries of the weapon impact 

18 area of the Utah Test and Training Range. 

19 (b) EFFECT ON SPECIAL USE AIRSPACE AND TRAIN20 ING ROUTES.—Nothing in this title precludes— 

21 (1) the designation of new units of special use 

22 airspace; or 

23 (2) the expansion of existing units of special 

24 use airspace. 


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1 (c) EFFECT ON EXISTING RIGHTS AND AGREE2 MENTS.— 

3 (1) KNOLLS SPECIAL RECREATION MANAGE4 MENT AREA; BLM COMMUNITY PITS CENTRAL

5 GRAYBACK AND SOUTH GRAYBACK.—Except as pro6 vided in section 102, nothing in this title limits or 

7 alters any existing right or right of access to— 

8 (A) the Knolls Special Recreation Manage9 ment Area; or 

10 (B)(i) the Bureau of Land Management 

11 Community Pits Central Grayback and South 

12 Grayback; and 

13 (ii) any other county or community pit lo14 cated within close proximity to the BLM land. 

15 (2) NATIONAL HISTORIC TRAILS AND OTHER

16 HISTORICAL LANDMARKS.—Except as provided in 

17 section 102, nothing in this title limits or alters any 

18 existing right or right of access to a component of 

19 the National Trails System or other Federal or 

20 State historic landmarks within the BLM land, in21 cluding the California National Historic Trail, the 

22 Pony Express National Historic Trail, or the GAPA 

23 Launch Site and Blockhouse. 

24 (3) CLOSURE OF INTERSTATE 80.—Nothing in 

25 this title authorizes any additional authority or right 


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1 to the Secretary or the Secretary of the Air Force 

2 to temporarily close Interstate 80. 

3 (4) EFFECT ON LIMITATION ON AMENDMENTS

4 TO CERTAIN INDIVIDUAL RESOURCE MANAGEMENT

5 PLANS.—Nothing in this title affects the limitation 

6 established under section 2815(d) of the National 

7 Defense Authorization Act for Fiscal Year 2000 

8 (Public Law 106–65; 113 Stat. 852). 

9 (5) EFFECT ON MEMORANDUM OF UNDER10 STANDING.—Nothing in this title affects the memo11 randum of understanding entered into by the Air 

12 Force, the Bureau of Land Management, the Utah 

13 Department of Natural Resources, and the Utah Di14 vision of Wildlife Resources relating to the reestab15 lishment of bighorn sheep in the Newfoundland 

16 Mountains and signed by the parties to the memo17 randum of understanding during the period begin18 ning on January 24, 2000, and ending on February 

19 4, 2000. 

20 (6) EFFECT ON EXISTING MILITARY SPECIAL

21 USE AIRSPACE AGREEMENT.—Nothing in this title 

22 limits or alters the Military Operating Areas of Air23 space Use Agreement between the Federal Aviation 

24 Administration and the Air Force in effect on the 

25 date of enactment of this Act. 


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1 (d) EFFECT ON WATER RIGHTS.— 

2 (1) NO RESERVATION CREATED.—Nothing in 

3 this title— 

4 (A) establishes any reservation in favor of 

5 the United States with respect to any water or 

6 water right on the BLM land; or 

7 (B) authorizes any appropriation of water 

8 on the BLM land, except in accordance with 

9 applicable State law. 

10 (2) PREVIOUSLY ACQUIRED AND RESERVED

11 WATER RIGHTS.—Nothing in this title affects— 

12 (A) any water right acquired or reserved 

13 by the United States before the date of enact14 ment of this Act; or 

15 (B) the authority of the Secretary or the 

16 Secretary of the Air Force, as applicable, to ex17 ercise any water right described in subpara18 graph (A). 

19 (3) NO EFFECT ON MCCARRAN AMENDMENT.— 

20 Nothing in this title diminishes, enhances, or other21 wise affects in any way the rights, duties, and obli22 gations of the United States, the State of Utah, the 

23 counties in which the BLM land is situated, and the 

24 residents and stakeholders in those counties under 

25 section 208 of the Act of July 10, 1952 (commonly 


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1 known as the ‘‘McCarran Amendment’’) (43 U.S.C. 

2 666). 

3 (e) EFFECT ON FEDERALLY RECOGNIZED INDIAN

4 TRIBES.— 

5 (1) IN GENERAL.—Nothing in this title alters 

6 any right reserved by treaty or Federal law for a 

7 federally recognized Indian tribe for tribal use. 

8 (2) CONSULTATION.—The Secretary of the Air 

9 Force shall consult with any federally recognized In10 dian tribe in the vicinity of the BLM land before 

11 taking any action that will affect any tribal right or 

12 cultural resource protected by treaty or Federal law. 

13 (f) EFFECT ON PAYMENTS IN LIEU OF TAXES.— 

14 (1) ELIGIBILITY OF BLM LAND AND NON-FED15 ERAL LAND.—The BLM land and the non-Federal 

16 land described in section 202(3) shall remain eligible 

17 as entitlement land under section 6901 of title 31, 

18 United States Code. 

19 (2) NO PREJUDICE TO COUNTY PAYMENT IN

20 LIEU OF TAXES RIGHTS.—Nothing in this title di21 minishes, enhances, or otherwise affects any other 

22 right or entitlement of the counties in which the 

23 BLM land is situated to payments in lieu of taxes 

24 based on the BLM land, under section 6901 of title 

25 31, United States Code. 


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1 (g) WILDLIFE GUZZLERS.— 

2 (1) IN GENERAL.—The Bureau of Land Man3 agement and the Utah Division of Wildlife Re4 sources shall continue the management of wildlife 

5 guzzlers in existence as of the date of enactment of 

6 this Act on the BLM land. 

7 (2) NEW GUZZLERS.—Nothing in this title pre8 vents the Bureau of Land Management and the 

9 Utah Division of Wildlife Resources from entering 

10 into agreements for new wildlife guzzlers. 

11 (3) ACQUIRED GUZZLERS.—The Secretary shall 

12 continue to manage existing wildlife guzzlers or wild13 life improvements on the non-Federal land conveyed 

14 to the Secretary under section 203(a) that were in 

15 existence on the day before the date of the convey16 ance. 

17 (h) RANGELAND IMPROVEMENTS.—The Secretary 

18 shall continue to manage, in a manner that promotes and 

19 facilitates grazing— 

20 (1) rangeland improvements on the BLM land 

21 that are in existence on the date of enactment of 

22 this Act; and 

23 (2) rangeland improvements on the non-Federal 

24 land conveyed to the Secretary under section 203(a) 


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1 that were in existence on the day before the date of 

2 the conveyance. 

3 (i) NEW RANGELAND IMPROVEMENTS.—Nothing in 

4 this title prevents the Bureau of Land Management, the 

5 Utah Department of Agriculture or other State entity, or 

6 a Federal land permittee from entering into agreements 

7 for new rangeland improvements that promote and facili8 tate grazing. 

9 (j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD10 MINISTRATION.—The Bureau of Land Management shall 

11 maintain rangeland grazing improvements in existence as 

12 of the date of enactment of this Act on acquired land of 

13 the School and Institutional Trust Lands Administration. 

14 TITLE II—LAND EXCHANGE 

15 SEC. 201. FINDINGS AND PURPOSE. 

16 (a) FINDINGS.—Congress finds that— 

17 (1) the State owns approximately 68,057 acres 

18 of land and approximately 10,280 acres of mineral 

19 interests located within the Utah Test and Training 

20 Range in Box Elder, Tooele, and Juab Counties, 

21 Utah; 

22 (2) the State owns approximately 2,353 acres 

23 of land and approximately 3,560 acres of mineral in24 terests located wholly or partially within the Cedar 

25 Mountains Wilderness in Tooele County, Utah; 


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1 (3) the parcels of State land described in para2 graphs (1) and (2)— 

3 (A) were granted by Congress to the State 

4 pursuant to the Act of July 16, 1894 (28 Stat. 

5 107, chapter 138), to be held in trust for the 

6 benefit of the public school system and other 

7 public institutions of the State; and 

8 (B) are largely scattered in checkerboard 

9 fashion among Federal land; 

10 (4) continued State ownership and development 

11 of State trust land within the Utah Test and Train12 ing Range and the Cedar Mountains Wilderness is 

13 incompatible with— 

14 (A) the critical national defense uses of the 

15 Utah Test and Training Range; and 

16 (B) the Federal management of the Cedar 

17 Mountains Wilderness; and 

18 (5) it is in the public interest of the United 

19 States to acquire in a timely manner all State trust 

20 land within the Utah Test and Training Range and 

21 the Cedar Mountains Wilderness, in exchange for 

22 the conveyance of the Federal land to the State, in 

23 accordance with the terms and conditions described 

24 in this title. 


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1 (b) PURPOSE.—It is the purpose of this title to di2 rect, facilitate, and expedite the exchange of certain Fed3 eral land and non-Federal land between the United States 

4 and the State. 

5 SEC. 202. DEFINITIONS. 

6 In this title: 

7 (1) EXCHANGE MAP.—The term ‘‘Exchange 

8 Map’’ means the map prepared by the Bureau of 

9 Land Management entitled ‘‘Utah Test and Train10 ing Range Enhancement/West Desert Land Ex11 change’’ and dated February 12, 2016. 

12 (2) FEDERAL LAND.—The term ‘‘Federal land’’ 

13 means the Bureau of Land Management land lo14 cated in Box Elder, Millard, Juab, Tooele, and Bea15 ver Counties, Utah, that is identified on the Ex16 change Map as ‘‘BLM Lands Proposed for Transfer 

17 to State Trust Lands’’. 

18 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means the land owned by the State in 

20 Box Elder, Tooele, and Juab Counties, Utah, that is 

21 identified on the Exchange Map as— 

22 (A) ‘‘State Trust Land Proposed for 

23 Transfer to BLM’’; and 

24 (B) ‘‘State Trust Minerals Proposed for 

25 Transfer to BLM’’. 


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1 (4) STATE.—The term ‘‘State’’ means the State 

2 of Utah, acting through the School and Institutional 

3 Trust Lands Administration. 

4 SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FED5 ERAL LAND. 

6 (a) IN GENERAL.—If the State offers to convey to 

7 the United States title to the non-Federal land, the Sec8 retary shall— 

9 (1) accept the offer; and 

10 (2) on receipt of all right, title, and interest in 

11 and to the non-Federal land, convey to the State (or 

12 a designee) all right, title, and interest of the United 

13 States in and to the Federal land. 

14 (b) VALID EXISTING RIGHTS.—The exchange author15 ized under subsection (a) shall be subject to valid existing 

16 rights. 

17 (c) TITLE APPROVAL.—Title to the Federal land and 

18 non-Federal land to be exchanged under this section shall 

19 be in a format acceptable to the Secretary and the State. 

20 (d) APPRAISALS.— 

21 (1) IN GENERAL.—The value of the Federal 

22 land and the non-Federal land to be exchanged 

23 under this section shall be determined by appraisals 

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1 tained by the State, with the consent of the Sec2 retary. 

3 (2) APPLICABLE LAW.—The appraisals under 

4 paragraph (1) shall be conducted in accordance with 

5 nationally recognized appraisal standards, including, 

6 as appropriate, the Uniform Appraisal Standards for 

7 Federal Land Acquisitions. 

8 (3) MINERAL LAND.— 

9 (A) MINERAL REPORTS.—The appraisals 

10 under paragraph (1) shall take into account 

11 mineral and technical reports provided by the 

12 Secretary and the State in the evaluation of 

13 mineral deposits in the Federal land and non14 Federal land. 

15 (B) MINING CLAIMS.—An appraisal of any 

16 parcel of Federal land that is encumbered by a 

17 mining or millsite claim located under sections 

18 2318 through 2352 of the Revised Statutes 

19 (commonly known as the ‘‘Mining Law of 

20 1872’’) (30 U.S.C. 21 et seq.) shall take into 

21 account the encumbrance created by the claim 

22 for purposes of determining the value of the 

23 parcel of the Federal land. 

24 (C) VALIDITY EXAMINATION.—Nothing in 

25 this title requires the United States to conduct 


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1 a mineral examination for any mining claim on 

2 the Federal land. 

3 (4) APPROVAL.—The appraisals conducted 

4 under paragraph (1) shall be submitted to the Sec5 retary and the State for approval. 

6 (5) DISPUTE RESOLUTION.—If, by the date 

7 that is 90 days after the date of submission of an 

8 appraisal for review and approval under this sub9 section, the Secretary or the State do not agree to 

10 accept the findings of the appraisals with respect to 

11 one or more parcels of Federal land or non-Federal 

12 land, the dispute shall be resolved in accordance 

13 with section 206(d)(2) of the Federal Land Policy 

14 and Management Act of 1976 (43 U.S.C. 

15 1716(d)(2)). 

16 (6) DURATION.—The appraisals conducted 

17 under paragraph (1) shall remain valid until the 

18 date of the completion of the exchange authorized 

19 under this title. 

20 (7) REIMBURSEMENT OF STATE COSTS.—The 

21 Secretary shall reimburse the State in an amount 

22 equal to 50 percent of the costs incurred by the 

23 State in retaining independent appraisers under 

24 paragraph (1). 


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1 (e) CONVEYANCE OF TITLE.—The land exchange au2 thorized under this title shall be completed by the later 

3 of— 

4 (1) the date that is 1 year after the date of 

5 final approval by the Secretary and the State of the 

6 appraisals conducted under subsection (d); and 

7 (2) the date that is 1 year after the date of 

8 completion of the dispute resolution process author9 ized under subsection (d)(5). 

10 (f) PUBLIC INSPECTION AND NOTICE.— 

11 (1) PUBLIC INSPECTION.—At least 30 days be12 fore the date of conveyance of the Federal land and 

13 non-Federal land, all final appraisals and appraisal 

14 reviews for land to be exchanged under this section 

15 shall be available for public review at the office of 

16 the State Director of the Bureau of Land Manage17 ment in the State of Utah. 

18 (2) NOTICE.—The Secretary or the State, as 

19 applicable, shall publish in a newspaper of general 

20 circulation in Salt Lake County, Utah, a notice that 

21 the appraisals conducted under subsection (d) are 

22 available for public inspection. 

23 (g) EQUAL VALUE EXCHANGE.— 


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1 (1) IN GENERAL.—The value of the Federal 

2 land and non-Federal land to be exchanged under 

3 this section— 

4 (A) shall be equal; or 

5 (B) shall be made equal in accordance with 

6 paragraph (2). 

7 (2) EQUALIZATION.— 

8 (A) SURPLUS OF FEDERAL LAND.— 

9 (i) IN GENERAL.—If the value of the 

10 Federal land exceeds the value of the non11 Federal land, the value of the Federal land 

12 and non-Federal land shall be equalized by 

13 the State conveying to the United States— 

14 (I) State trust land parcel 1, as 

15 described in the assessment entitled 

16 ‘‘Bureau of Land Management Envi17 ronmental Assessment UT–100–06– 

18 EA’’, numbered UTU–82090, and 

19 dated March 2008; or 

20 (II) State trust land located 

21 within any of the wilderness areas or 

22 national conservation areas in Wash23 ington County, Utah, established 

24 under subtitle O of title I of the Om25 nibus Public Land Management Act 


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1 of 2009 (Public Law 111–11; 123 

2 Stat. 1075) that has an appraised 

3 value equal to the difference be4 tween— 

5 (aa) the value of the Federal 

6 land; and 

7 (bb) the value of the non8 Federal land. 

9 (ii) ORDER OF CONVEYANCES.—Any 

10 non-Federal land required to be conveyed 

11 to the United States under clause (i) shall 

12 be conveyed until the value of the Federal 

13 land and non-Federal land is equalized, in 

14 the following order: 

15 (I) The State trust land parcel 

16 described in clause (i)(I). 

17 (II) State trust land parcels lo18 cated in the Red Cliffs National Con19 servation Area. 

20 (III) State trust land parcels lo21 cated in the Docs Pass Wilderness. 

22 (IV) State trust land parcels lo23 cated in the Beaver Dam Wash Na24 tional Conservation Area. 


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1 (B) SURPLUS OF NON-FEDERAL LAND.—If 

2 the value of the non-Federal land exceeds the 

3 value of the Federal land, the value of the Fed4 eral land and the non-Federal land shall be 

5 equalized by the Secretary making a cash 

6 equalization payment to the State, in accord7 ance with section 206(b) of the Federal Land 

8 Policy Management (43 U.S.C. 1716(b)). 

9 (h) WITHDRAWAL OF FEDERAL LAND FROM MIN10 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex11 isting rights, the Federal land to be conveyed to the State 

12 under this section is withdrawn from mineral location, 

13 entry, and patent under the mining laws pending convey14 ance of the Federal land to the State. 

15 SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL 

16 LAND AFTER EXCHANGE. 

17 (a) NON-FEDERAL LAND WITHIN UTAH TEST AND

18 TRAINING RANGE.—On conveyance to the United States 

19 under this title, the non-Federal land located within the 

20 Utah Test and Training Range shall be managed in ac21 cordance with the memorandum of agreement entered into 

22 under section 101(a). 

23 (b) NON-FEDERAL LAND WITHIN CEDAR MOUN24 TAINS WILDERNESS.—On conveyance to the United 

25 States under this title, the non-Federal land located within 


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1 the Cedar Mountains Wilderness shall, in accordance with 

2 section 206(c) of the Federal Land Policy Act of 1976 

3 (43 U.S.C. 1716(c)), be added to, and administered as 

4 part of, the Cedar Mountains Wilderness. 

5 SEC. 205. HAZARDOUS MATERIALS. 

6 (a) COSTS.—Except as provided in subsection (b), the 

7 costs of remedial actions relating to hazardous materials 

8 on land acquired under this title shall be paid by those 

9 entities responsible for the costs under applicable law. 

10 (b) REMEDIATION OF PRIOR TESTING AND TRAINING

11 ACTIVITY.—The Department of Defense shall bear all 

12 costs of evaluation, management, and remediation caused 

13 by the previous testing of military weapons systems and 

14 the training of military forces on non-Federal land to be 

15 conveyed to the United States under this title. 

16 TITLE III—HIGHWAY RIGHTS-OF17 WAY 

18 SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGH19 WAY RIGHTS-OF-WAY. 

20 (a) DEFINITIONS.—In this section: 

21 (1) HIGHWAY RIGHT-OF-WAY.—The term 

22 ‘‘highway right-of-way’’ means a right-of-way across 

23 Federal land for all county roads in the Counties of 

24 Box Elder, Tooele, and Juab, in the State of Utah, 

25 according to official transportation map and centerVerDate Sep 11 2014 03:03 Feb 17, 2016 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4579.IH H4579

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1 line descriptions of each county in existence as of 

2 March 1, 2015. 

3 (2) MAP.—The term ‘‘official transportation 

4 map and centerline description’’ means— 

5 (A) the map entitled ‘‘Official Transpor6 tation Map of Box Elder County, Utah’’ and 

7 dated March 1, 2015, and accompanying cen8 terline description of each road on file with the 

9 Clerk of Box Elder County as of March 1, 

10 2015; 

11 (B) the map entitled ‘‘Official Transpor12 tation Map of Tooele County’’ and dated March 

13 1, 2015, and accompanying centerline descrip14 tion of each road on file with the Clerk of 

15 Tooele County as of March 1, 2015; and 

16 (C) the map entitled ‘‘Official Transpor17 tation Map of Juab County’’ and dated March 

18 1, 2015, and accompanying centerline descrip19 tion of each road on file with the Clerk of Juab 

20 County as of March 1, 2015. 

21 (3) SECRETARY.—The term ‘‘Secretary’’ 

22 means— 

23 (A) the Secretary of Agriculture, with re24 spect to land administered by the Chief of the 

25 Forest Service; or 


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1 (B) the Secretary of the Interior, with re2 spect to land administered by the Director of 

3 the Bureau of Land Management. 

4 (b) RECOGNITION OF EXISTENCE AND VALIDITY OF

5 RIGHTS-OF-WAY.—Congress recognizes the existence and 

6 validity of each of the highway rights-of-way identified on 

7 the official transportation maps and centerline descrip8 tions. 

9 (c) CONVEYANCE OF AN EASEMENT ACROSS FED10 ERAL LAND.— 

11 (1) BOX ELDER COUNTY, UTAH.—The Sec12 retary shall convey, without consideration, to Box 

13 Elder County, Utah, and the State of Utah as joint 

14 tenants with undivided interests, easements for mo15 torized travel rights-of-way across Federal land for 

16 all highways shown and described in the official 

17 transportation map and centerline description of the 

18 county described in subsection (a)(2)(A). 

19 (2) JUAB COUNTY, UTAH.—The Secretary shall 

20 convey, without consideration, to Juab County, 

21 Utah, and the State of Utah as joint tenants with 

22 undivided interests, easements for motorized travel 

23 rights-of-way across Federal land for all highways 

24 shown and described in the official transportation 


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1 map and centerline description of the county de2 scribed in subsection (a)(2)(B). 

3 (3) TOOELE COUNTY, UTAH.—The Secretary 

4 shall convey, without consideration, to Tooele Coun5 ty, Utah, and the State of Utah as joint tenants 

6 with undivided interests, easements for motorized 

7 travel rights-of-way across Federal land for all high8 ways shown and described in the official transpor9 tation map and centerline description of the county 

10 described in subsection (a)(2)(C). 

11 (d) DESCRIPTION OF FEDERAL LAND SUBJECT TO

12 EASEMENT.— 

13 (1) IN GENERAL.—All easements under sub14 section (c) shall include— 

15 (A) the current disturbed width of each 

16 subject highway as shown and described in the 

17 official transportation maps and centerline de18 scriptions; and 

19 (B) any additional acreage on either side 

20 of the disturbed width that the respective coun21 ty transportation department determines is nec22 essary for the efficient maintenance, repair, 

23 signage, administration, and use of the Federal 

24 land subject to the easement. 

25 (2) DESCRIPTION.— 


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1 (A) IN GENERAL.—The exact acreage and 

2 legal description of the Federal land subject to 

3 the easements conveyed under subsection (c) 

4 shall be— 

5 (i) as described in the centerline de6 scriptions; 

7 (ii) as referenced in the official trans8 portation maps; and 

9 (iii) as described and referenced ac10 cording to the disturbed width of each 

11 highway as of the date of conveyance for 

12 travel purposes, plus any reasonable addi13 tional width as may be necessary for sur14 face maintenance, repairs, and turnaround 

15 purposes. 

16 (B) SURVEY NOT REQUIRED.—Notwith17 standing any other provision of law, the convey18 ance of easements under subsection (c) shall be 

19 effective without a survey of the exact acreage 

20 and local description of the Federal land subject 

21 to the easements. 

22 (e) RETENTION OF MAPS AND CENTERLINE DE23 SCRIPTIONS.—The maps and centerline descriptions reVerDate Sep 11 2014 03:03 Feb 17, 2016 Jkt 059200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4579.IH H4579

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1 ferred to in clauses (i) and (ii) of subsection (d)(2)(A) 

2 shall be on file in the appropriate office of the Secretary. 

Æ 


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