IB 

Union Calendar No. 670 

114TH CONGRESS 

2D SESSION H. R. 4579 

[Report No. 114–857, Part I] 

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management of the withdrawn land by the Secretary of the Interior 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public access to the withdrawn land, to provide for the exchange of 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 

DECEMBER 8, 2016 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 8, 2016 

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on February 12, 2016] 


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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to provide for the shared management of the withdrawn 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for continued public access to the withdrawn land, to 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 Prevention 

6 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 of 

3 the test and training mission of the Department of 

4 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 customs, 

11 culture, economy, ranching, grazing, and transpor12 tation interests of the counties in which the BLM 

13 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 im16 proving and maintaining the readiness of the Armed 

17 Forces. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

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

21 the Bureau of Land Management land in the State 

22 comprising approximately 625,643 acres, as generally 

23 depicted on the map entitled ‘‘Utah Test and Train24 ing Range Enhancement/West Desert Land Ex25 change’’ 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 in 

10 the State. 

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

12 Training Range’’ includes the Dugway Proving 

13 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 the 

25 30-day period beginning on the date on which 


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1 the draft memorandum of agreement is com2 pleted under subparagraph (A), there shall be an 

3 opportunity for public comment on the draft 

4 memorandum of agreement, including an oppor5 tunity for the Utah Test and Training Range 

6 Community Resource Group established under 

7 section 103(a) to provide comments on the draft 

8 memorandum of agreement. 

9 (2) REQUIREMENT; DEADLINE.— 

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

11 after the date of enactment of this Act, the Sec12 retary and the Secretary of the Air Force shall 

13 enter into a memorandum of agreement that pro14 vides for the continued management of the BLM 

15 land by the Secretary, in a manner that provides 

16 for the limited use of the BLM land by the Sec17 retary of the Air Force, consistent with this Act. 

18 (B) SIGNATURES REQUIRED.—The terms of 

19 the memorandum of agreement, including a tem20 porary closure of the BLM land under the memo21 randum of agreement, may not be carried out 

22 until the date on which all parties to the memo23 randum of agreement have signed the memo24 randum 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 to 

5 manage the BLM land— 

6 (A) as land described in section 6901(1)(B) 

7 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 Pol11 icy 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 future 

7 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 existence 

19 on the date of enactment of this Act that applies to the BLM 

20 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 into 

24 under subsection (a) and the land use plans described 

25 in subsection (c) shall not diminish any major or 


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1 principle use that is recognized pursuant to section 

2 103(l) of the Federal Land Policy and Management 

3 Act of 1976 (43 U.S.C. 1702(l)), except to the extent 

4 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 the 

9 Secretary of the Air Force, render the BLM land 

10 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 issue 

17 and administer any new grazing lease or permit 

18 on the BLM land, in accordance with applicable 

19 law (including regulations) and other authorities 

20 applicable to livestock grazing on Bureau of 

21 Land Management land. 

22 (B) NON-FEDERAL LAND LEVELS.—The Sec23 retary (acting through the Director of the Bu24 reau of Land Management) shall continue to 

25 issue and administer livestock grazing leases and 


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1 permits on the non-Federal land described in sec2 tion 202(3), subject to the requirements described 

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

4 (2). 

5 (2) EXISTING GRAZING LEASES AND PERMITS.— 

6 Any livestock grazing lease or permit applicable to 

7 the BLM land that is in existence on the date of en8 actment of this Act shall continue in effect— 

9 (A) at the number of permitted animal unit 

10 months authorized under current applicable land 

11 use plans; 

12 (B) if range conditions permit, at levels 

13 greater than the level of active use; and 

14 (C) subject to such reasonable increases and 

15 decreases of active use of animal unit months 

16 and other reasonable regulations, policies, and 

17 practices as the Secretary may consider appro18 priate based on rangeland conditions. 

19 (f) MEMORANDUM OF UNDERSTANDING ON EMER20 GENCY ACCESS AND RESPONSE.—Nothing in this section 

21 precludes the continuation of the memorandum of under22 standing that is between the Department of the Interior and 

23 the Department of the Air Force with respect to emergency 

24 access and response, as in existence as of the date of enact25 ment of this Act. 


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

2 the BLM land is withdrawn from all forms of appropria3 tion under the public land laws, including the mining laws, 

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

5 (h) LIMITATION ON FUTURE RIGHTS-OF-WAY OR USE

6 PERMITS.—The Secretary may not issue any new use per7 mits or rights-of-way on the BLM land for any purposes 

8 that the Secretary of the Air Force determines to be incom9 patible with current or projected military requirements, 

10 with consideration given to the rangeland improvements 

11 under section 105(h). 

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

13 this Act to facilitate grazing and ranching on the BLM land 

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

15 be considered to be compatible with mission requirements 

16 of the Utah Test and Training Range. 

17 SEC. 102. TEMPORARY CLOSURES. 

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

19 determines that military operations (including operations 

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

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

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

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

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


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1 Air Force determines necessary to carry out the temporary 

2 closure. 

3 (b) LIMITATIONS.—Any temporary closure under sub4 section (a)— 

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

6 periods during which the Secretary of the Air Force 

7 determines are required to carry out a closure under 

8 this section; 

9 (2) shall not occur on a State or Federal holi10 day, unless notice is provided in accordance with sub11 section (c)(1)(B); 

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

13 Sunday, unless notice is provided in accordance with 

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

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

16 a 3-hour period per day; 

17 (B) shall only be for longer than a 3-hour period 

18 per day— 

19 (i) for mission essential reasons; and 

20 (ii) as infrequently as practicable and in no 

21 case for more than 10 days per year; and 

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

23 period per day. 

24 (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; and 

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

6 and relevant stakeholders concerning the tem7 porary closure— 

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

9 which the temporary closure goes into effect; 

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

11 period beginning on March 1 and ending on 

12 May 31, at least 60 days before the date on 

13 which the closure goes into effect; or 

14 (iii) in the case of a closure described 

15 in paragraph (3) or (4) of subsection (b), at 

16 least 90 days before the date on which the 

17 closure goes into effect. 

18 (2) SPECIAL NOTIFICATION PROCEDURES.—In 

19 each case for which a mission-unique security require20 ment does not allow for the notifications described in 

21 paragraph (1)(B), the Secretary of the Air Force shall 

22 work with the Secretary to achieve a mutually agree23 able timeline for notification. 

24 (d) MAXIMUM ANNUAL CLOSURES.—The total cumu25 lative hours of temporary closures authorized under this secVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4579.RH H4579

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1 tion with respect to the BLM land shall not exceed 100 

2 hours annually. 

3 (e) PROHIBITION ON CERTAIN TEMPORARY CLO4 SURES.—The northernmost area identified as ‘‘Newfound5 land’s’’ on the map described in section 3(1) shall not be 

6 subject to any temporary closure between August 21 and 

7 February 28, in accordance with the lawful hunting meth8 ods and seasons of the State of Utah. 

9 (f) EMERGENCY GROUND RESPONSE.—A temporary 

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

11 conduct of emergency response activities on the BLM land 

12 during the temporary closure. 

13 (g) LAW ENFORCEMENT AND SECURITY.—The Sec14 retary and the Secretary of the Air Force may enter into 

15 cooperative agreements with State and local law enforce16 ment officials with respect to lawful procedures and proto17 cols to be used in promoting public safety and operation 

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

19 training periods. 

20 (h) LIVESTOCK.—Livestock shall be allowed to remain 

21 on the BLM land during a temporary closure of the BLM 

22 land under this section. 

23 SEC. 103. COMMUNITY RESOURCE GROUP. 

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

25 the date of enactment of this Act, there shall be established 


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1 the Utah Test and Training Range Community Resource 

2 Group (referred to in this section as the ‘‘Community 

3 Group’’) to provide regular and continuing input to the 

4 Secretary and the Secretary of the Air Force on matters 

5 involving public access to, use of, and overall management 

6 of the BLM land. 

7 (b) MEMBERSHIP.— 

8 (1) IN GENERAL.—The Secretary (acting through 

9 the State Bureau of Land Management Office) shall 

10 appoint members to the Community Group, includ11 ing— 

12 (A) operational and land management per13 sonnel of the Air Force; 

14 (B) 1 Indian representative, to be nomi15 nated by a majority vote conducted among the 

16 Indian tribes in the vicinity of the BLM land; 

17 (C) not more than 2 county commissioners 

18 from each of Box Elder, Tooele, and Juab Coun19 ties, Utah; 

20 (D) 2 representatives of off-road and high21 way use, hunting, and other recreational groups; 

22 (E) 2 representatives of livestock grazers on 

23 any public land located within the BLM land; 

24 (F) 1 representative of the Utah Depart25 ment of Agriculture and Food; and 


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1 (G) not more than 3 representatives of State 

2 or Federal offices or agencies, or private groups, 

3 if the Secretary determines that such representa4 tives would further the goals and objectives of the 

5 Community Group. 

6 (2) CHAIRPERSON.—The members described in 

7 paragraph (1) shall elect from among the members of 

8 the Community Group— 

9 (A) 1 member to serve as Chairperson of the 

10 Community Group; and 

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

12 of the Community Group. 

13 (c) CONDITIONS AND TERMS OF APPOINTMENT.— 

14 (1) IN GENERAL.—Each member of the Commu15 nity Group shall serve voluntarily and without remu16 neration. 

17 (2) TERM OF APPOINTMENT.— 

18 (A) IN GENERAL.—Each member of the 

19 Community Group shall be appointed for a term 

20 of 4 years. 

21 (B) ORIGINAL MEMBERS.—Notwithstanding 

22 subparagraph (A), the Chairperson shall select 

1 23 ⁄2 of the original members of the Community 

Group to serve for a term of 4 years and the 1 24 ⁄2

25 to serve for a term of 2 years to ensure the reVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H4579.RH H4579

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1 placement of members shall be staggered from 

2 year to year. 

3 (C) REAPPOINTMENT AND REPLACEMENT.— 

4 The Secretary may reappoint or replace a mem5 ber of the Community Group appointed under 

6 subsection (b)(1), if— 

7 (i) the term of the member has expired; 

8 (ii) the member has retired; or 

9 (iii) the position held by the member 

10 described in subparagraphs (A) through (G) 

11 of paragraph (1) has changed to the extent 

12 that the ability of the member to represent 

13 the group or entity that the member rep14 resents has been significantly affected. 

15 (d) MEETINGS.— 

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

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

18 frequencies as determined by five or more of the mem19 bers of the Community Group. 

20 (2) RESPONSIBILITIES OF COMMUNITY GROUP.— 

21 The Community Group shall be responsible for deter22 mining appropriate schedules for, details of, and ac23 tions for meetings of the Community Group. 

24 (3) NOTICE.—The Chairperson shall provide no25 tice to each member of the Community Group not less 


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1 than 10 business days before the date of a scheduled 

2 meeting. 

3 (4) EXEMPT FROM FEDERAL ADVISORY COM4 MITTEE ACT.—The Federal Advisory Committee Act 

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

6 Community Group. 

7 (e) COORDINATION WITH RECOMMENDATIONS OF COM8 MUNITY GROUP.—The Secretary and the Secretary of the 

9 Air Force, consistent with existing laws (including regula10 tions), shall take under consideration recommendations 

11 from the Community Group. 

12 (f) TERMINATION OF AUTHORITY.—The Community 

13 Group shall terminate on the date that is 7 years after the 

14 date of enactment of this Act, unless the Secretary and the 

15 Community Group mutually elect to terminate the Commu16 nity Group before that date. 

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

18 simple majority, to renew the term of the Community 

19 Group for 7 years, upon or within 90 days of termination, 

20 with the option to renew every 7 years thereafter. 

21 SEC. 104. LIABILITY. 

22 The United States (including all departments, agen23 cies, officers, and employees of the United States) shall be 

24 held harmless and shall not be liable for any injury or dam25 age to any individual or property suffered in the course 


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1 of any mining, mineral, or geothermal activity, or any 

2 other authorized nondefense-related activity, conducted on 

3 the BLM land. 

4 SEC. 105. EFFECTS OF TITLE. 

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

6 this title expands the boundaries of the weapon impact area 

7 of the Utah Test and Training Range. 

8 (b) EFFECT ON SPECIAL USE AIRSPACE AND TRAINING

9 ROUTES.—Nothing in this title precludes— 

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

11 airspace; or 

12 (2) the expansion of existing units of special use 

13 airspace. 

14 (c) EFFECT ON EXISTING RIGHTS AND AGREE15 MENTS.— 

16 (1) KNOLLS SPECIAL RECREATION MANAGEMENT

17 AREA; BLM COMMUNITY PITS CENTRAL GRAYBACK AND

18 SOUTH GRAYBACK.—Except as provided in section 

19 102, nothing in this title limits or alters any existing 

20 right or right of access to— 

21 (A) the Knolls Special Recreation Manage22 ment Area; or 

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

24 Community Pits Central Grayback and South 

25 Grayback; and 


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1 (ii) any other county or community pit lo2 cated within close proximity to the BLM land. 

3 (2) NATIONAL HISTORIC TRAILS AND OTHER HIS4 TORICAL LANDMARKS.—Except as provided in section 

5 102, nothing in this title limits or alters any existing 

6 right or right of access to a component of the National 

7 Trails System or other Federal or State historic land8 marks within the BLM land, including the California 

9 National Historic Trail, the Pony Express National 

10 Historic Trail, or the GAPA Launch Site and Block11 house. 

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

13 this title authorizes any additional authority or right 

14 to the Secretary or the Secretary of the Air Force to 

15 temporarily close Interstate 80. 

16 (4) EFFECT ON LIMITATION ON AMENDMENTS TO

17 CERTAIN INDIVIDUAL RESOURCE MANAGEMENT

18 PLANS.—Nothing in this title affects the limitation es19 tablished under section 2815(d) of the National De20 fense Authorization Act for Fiscal Year 2000 (Public 

21 Law 106–65; 113 Stat. 852). 

22 (5) EFFECT ON MEMORANDUM OF UNDER23 STANDING.—Nothing in this title affects the memo24 randum of understanding entered into by the Air 

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1 partment of Natural Resources, and the Utah Divi2 sion of Wildlife Resources relating to the reestablish3 ment of bighorn sheep in the Newfoundland Moun4 tains and signed by the parties to the memorandum 

5 of understanding during the period beginning on 

6 January 24, 2000, and ending on February 4, 2000. 

7 (6) EFFECT ON EXISTING MILITARY SPECIAL USE

8 AIRSPACE AGREEMENT.—Nothing in this title limits 

9 or alters the Military Operating Areas of Airspace 

10 Use Agreement between the Federal Aviation Admin11 istration and the Air Force in effect on the date of 

12 enactment of this Act. 

13 (d) EFFECT ON WATER RIGHTS.— 

14 (1) NO RESERVATION CREATED.—Nothing in this 

15 title— 

16 (A) establishes any reservation in favor of 

17 the United States with respect to any water or 

18 water right on the BLM land; or 

19 (B) authorizes any appropriation of water 

20 on the BLM land, except in accordance with ap21 plicable State law. 

22 (2) PREVIOUSLY ACQUIRED AND RESERVED

23 WATER RIGHTS.—Nothing in this title affects— 


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1 (A) any water right acquired or reserved by 

2 the United States before the date of enactment of 

3 this Act; or 

4 (B) the authority of the Secretary or the 

5 Secretary of the Air Force, as applicable, to exer6 cise any water right described in subparagraph 

7 (A). 

8 (3) NO EFFECT ON MCCARRAN AMENDMENT.— 

9 Nothing in this title diminishes, enhances, or other10 wise affects in any way the rights, duties, and obliga11 tions of the United States, the State of Utah, the 

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

13 residents and stakeholders in those counties under sec14 tion 208 of the Act of July 10, 1952 (commonly 

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

16 666). 

17 (e) EFFECT ON FEDERALLY RECOGNIZED INDIAN

18 TRIBES.— 

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

20 any right reserved by treaty or Federal law for a fed21 erally recognized Indian tribe for tribal use. 

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

23 Force shall consult with any federally recognized In24 dian tribe in the vicinity of the BLM land before takVerDate Sep 11 2014 00:38 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H4579.RH H4579

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1 ing any action that will affect any tribal right or cul2 tural resource protected by treaty or Federal law. 

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

4 (1) ELIGIBILITY OF BLM LAND AND NON-FED5 ERAL LAND.—The BLM land and the non-Federal 

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

7 as entitlement land under section 6901 of title 31, 

8 United States Code. 

9 (2) NO PREJUDICE TO COUNTY PAYMENT IN LIEU

10 OF TAXES RIGHTS.—Nothing in this title diminishes, 

11 enhances, or otherwise affects any other right or enti12 tlement of the counties in which the BLM land is sit13 uated to payments in lieu of taxes based on the BLM 

14 land, under section 6901 of title 31, United States 

15 Code. 

16 (g) WILDLIFE GUZZLERS.— 

17 (1) IN GENERAL.—The Bureau of Land Manage18 ment and the Utah Division of Wildlife Resources 

19 shall continue the management of wildlife guzzlers in 

20 existence as of the date of enactment of this Act on 

21 the BLM land. 

22 (2) NEW GUZZLERS.—Nothing in this title pre23 vents the Bureau of Land Management and the Utah 

24 Division of Wildlife Resources from entering into 

25 agreements for new wildlife guzzlers. 


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1 (3) ACQUIRED GUZZLERS.—The Secretary shall 

2 continue to manage existing wildlife guzzlers or wild3 life improvements on the non-Federal land conveyed 

4 to the Secretary under section 203(a) that were in ex5 istence on the day before the date of the conveyance. 

6 (h) RANGELAND IMPROVEMENTS.—The Secretary shall 

7 continue to manage, in a manner that promotes and facili8 tates grazing— 

9 (1) rangeland improvements on the BLM land 

10 that are in existence on the date of enactment of this 

11 Act; and 

12 (2) rangeland improvements on the non-Federal 

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

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

15 the conveyance. 

16 (i) NEW RANGELAND IMPROVEMENTS.—Nothing in 

17 this title prevents the Bureau of Land Management, the 

18 Utah Department of Agriculture or other State entity, or 

19 a Federal land permittee from entering into agreements for 

20 new rangeland improvements that promote and facilitate 

21 grazing. 

22 (j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD23 MINISTRATION.—The Bureau of Land Management shall 

24 maintain rangeland grazing improvements in existence as 


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

2 the School and Institutional Trust Lands Administration. 

3 TITLE II—LAND EXCHANGE 

4 SEC. 201. FINDINGS AND PURPOSE. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) the State owns approximately 68,057 acres of 

7 land and approximately 10,280 acres of mineral in8 terests located within the Utah Test and Training 

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

10 Utah; 

11 (2) the State owns approximately 2,353 acres of 

12 land and approximately 3,560 acres of mineral inter13 ests located wholly or partially within the Cedar 

14 Mountains Wilderness in Tooele County, Utah; 

15 (3) the parcels of State land described in para16 graphs (1) and (2)— 

17 (A) were granted by Congress to the State 

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

19 107, chapter 138), to be held in trust for the ben20 efit of the public school system and other public 

21 institutions of the State; and 

22 (B) are largely scattered in checkerboard 

23 fashion among Federal land; 

24 (4) continued State ownership and development 

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1 ing Range and the Cedar Mountains Wilderness is in2 compatible with— 

3 (A) the critical national defense uses of the 

4 Utah Test and Training Range; and 

5 (B) the Federal management of the Cedar 

6 Mountains Wilderness; and 

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

8 States to acquire in a timely manner all State trust 

9 land within the Utah Test and Training Range and 

10 the Cedar Mountains Wilderness, in exchange for the 

11 conveyance of the Federal land to the State, in ac12 cordance with the terms and conditions described in 

13 this title. 

14 (b) PURPOSE.—It is the purpose of this title to direct, 

15 facilitate, and expedite the exchange of certain Federal land 

16 and non-Federal land between the United States and the 

17 State. 

18 SEC. 202. DEFINITIONS. 

19 In this title: 

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

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

22 Land Management entitled ‘‘Utah Test and Training 

23 Range Enhancement/West Desert Land Exchange’’ 

24 and dated February 12, 2016. 


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

2 means the Bureau of Land Management land located 

3 in Box Elder, Millard, Juab, Tooele, and Beaver 

4 Counties, Utah, that is identified on the Exchange 

5 Map as ‘‘BLM Lands Proposed for Transfer to State 

6 Trust Lands’’. 

7 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed8 eral land’’ means the land owned by the State in Box 

9 Elder, Tooele, and Juab Counties, Utah, that is iden10 tified on the Exchange Map as— 

11 (A) ‘‘State Trust Land Proposed for Trans12 fer to BLM’’; and 

13 (B) ‘‘State Trust Minerals Proposed for 

14 Transfer to BLM’’. 

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

16 of Utah, acting through the School and Institutional 

17 Trust Lands Administration. 

18 SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 

19 LAND. 

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

21 United States title to the non-Federal land, the Secretary 

22 shall— 

23 (1) accept the offer; and 

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

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


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

2 States in and to the Federal land. 

3 (b) VALID EXISTING RIGHTS.—The exchange author4 ized under subsection (a) shall be subject to valid existing 

5 rights. 

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

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

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

9 (d) APPRAISALS.— 

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

11 and the non-Federal land to be exchanged under this 

12 section shall be determined by appraisals conducted 

13 by one or more independent appraisers retained by 

14 the State, with the consent of the Secretary. 

15 (2) APPLICABLE LAW.—The appraisals under 

16 paragraph (1) shall be conducted in accordance with 

17 nationally recognized appraisal standards, including, 

18 as appropriate, the Uniform Appraisal Standards for 

19 Federal Land Acquisitions. 

20 (3) MINERAL LAND.— 

21 (A) MINERAL REPORTS.—The appraisals 

22 under paragraph (1) shall take into account 

23 mineral and technical reports provided by the 

24 Secretary and the State in the evaluation of 


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1 mineral deposits in the Federal land and non2 Federal land. 

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

4 parcel of Federal land that is encumbered by a 

5 mining or millsite claim located under sections 

6 2318 through 2352 of the Revised Statutes (com7 monly known as the ‘‘Mining Law of 1872’’) (30 

8 U.S.C. 21 et seq.) shall take into account the en9 cumbrance created by the claim for purposes of 

10 determining the value of the parcel of the Federal 

11 land. 

12 (C) VALIDITY EXAMINATION.—Nothing in 

13 this title requires the United States to conduct a 

14 mineral examination for any mining claim on 

15 the Federal land. 

16 (4) APPROVAL.—The appraisals conducted under 

17 paragraph (1) shall be submitted to the Secretary and 

18 the State for approval. 

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

20 is 90 days after the date of submission of an ap21 praisal for review and approval under this subsection, 

22 the Secretary or the State do not agree to accept the 

23 findings of the appraisals with respect to one or more 

24 parcels of Federal land or non-Federal land, the dis25 pute shall be resolved in accordance with section 


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1 206(d)(2) of the Federal Land Policy and Manage2 ment Act of 1976 (43 U.S.C. 1716(d)(2)). 

3 (6) DURATION.—The appraisals conducted under 

4 paragraph (1) shall remain valid until the date of the 

5 completion of the exchange authorized under this title. 

6 (7) REIMBURSEMENT OF STATE COSTS.—The 

7 Secretary shall reimburse the State in an amount 

8 equal to 50 percent of the costs incurred by the State 

9 in retaining independent appraisers under paragraph 

10 (1). 

11 (e) CONVEYANCE OF TITLE.—The land exchange au12 thorized under this title shall be completed by the later of— 

13 (1) the date that is 1 year after the date of final 

14 approval by the Secretary and the State of the ap15 praisals conducted under subsection (d); and 

16 (2) the date that is 1 year after the date of com17 pletion of the dispute resolution process authorized 

18 under subsection (d)(5). 

19 (f) PUBLIC INSPECTION AND NOTICE.— 

20 (1) PUBLIC INSPECTION.—At least 30 days before 

21 the date of conveyance of the Federal land and non22 Federal land, all final appraisals and appraisal re23 views for land to be exchanged under this section shall 

24 be available for public review at the office of the State 


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1 Director of the Bureau of Land Management in the 

2 State of Utah. 

3 (2) NOTICE.—The Secretary or the State, as ap4 plicable, shall publish in a newspaper of general cir5 culation in Salt Lake County, Utah, a notice that the 

6 appraisals conducted under subsection (d) are avail7 able for public inspection. 

8 (g) EQUAL VALUE EXCHANGE.— 

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

10 and non-Federal land to be exchanged under this sec11 tion— 

12 (A) shall be equal; or 

13 (B) shall be made equal in accordance with 

14 paragraph (2). 

15 (2) EQUALIZATION.— 

16 (A) SURPLUS OF FEDERAL LAND.— 

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

18 Federal land exceeds the value of the non19 Federal land, the value of the Federal land 

20 and non-Federal land shall be equalized by 

21 the State conveying to the United States— 

22 (I) State trust land parcel 1, as 

23 described in the assessment entitled 

24 ‘‘Bureau of Land Management Envi25 ronmental Assessment UT–100–06– 


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1 EA’’, numbered UTU–82090, and 

2 dated March 2008; or 

3 (II) State trust land located with4 in any of the wilderness areas or na5 tional conservation areas in Wash6 ington County, Utah, established under 

7 subtitle O of title I of the Omnibus 

8 Public Land Management Act of 2009 

9 (Public Law 111–11; 123 Stat. 1075) 

10 that has an appraised value equal to 

11 the difference between— 

12 (aa) the value of the Federal 

13 land; and 

14 (bb) the value of the non-Fed15 eral land. 

16 (ii) ORDER OF CONVEYANCES.—Any 

17 non-Federal land required to be conveyed to 

18 the United States under clause (i) shall be 

19 conveyed until the value of the Federal land 

20 and non-Federal land is equalized, in the 

21 following order: 

22 (I) The State trust land parcel de23 scribed in clause (i)(I). 


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1 (II) State trust land parcels lo2 cated in the Red Cliffs National Con3 servation Area. 

4 (III) State trust land parcels lo5 cated in the Docs Pass Wilderness. 

6 (IV) State trust land parcels lo7 cated in the Beaver Dam Wash Na8 tional Conservation Area. 

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

10 the value of the non-Federal land exceeds the 

11 value of the Federal land, the value of the Fed12 eral land and the non-Federal land shall be 

13 equalized by the Secretary making a cash equali14 zation payment to the State, in accordance with 

15 section 206(b) of the Federal Land Policy Man16 agement (43 U.S.C. 1716(b)). 

17 (h) WITHDRAWAL OF FEDERAL LAND FROM MINERAL

18 ENTRY PRIOR TO EXCHANGE.—Subject to valid existing 

19 rights, the Federal land to be conveyed to the State under 

20 this section is withdrawn from mineral location, entry, and 

21 patent under the mining laws pending conveyance of the 

22 Federal land to the State. 


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

2 LAND AFTER EXCHANGE. 

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

4 TRAINING RANGE.—On conveyance to the United States 

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

6 Utah Test and Training Range shall be managed in accord7 ance with the memorandum of agreement entered into 

8 under section 101(a). 

9 (b) NON-FEDERAL LAND WITHIN CEDAR MOUNTAINS

10 WILDERNESS.—On conveyance to the United States under 

11 this title, the non-Federal land located within the Cedar 

12 Mountains Wilderness shall, in accordance with section 

13 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 

14 1716(c)), be added to, and administered as part of, the 

15 Cedar Mountains Wilderness. 

16 SEC. 205. HAZARDOUS MATERIALS. 

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

18 costs of remedial actions relating to hazardous materials 

19 on land acquired under this title shall be paid by those enti20 ties responsible for the costs under applicable law. 

21 (b) REMEDIATION OF PRIOR TESTING AND TRAINING

22 ACTIVITY.—The Department of Defense shall bear all costs 

23 of evaluation, management, and remediation caused by the 

24 previous testing of military weapons systems and the train25 ing of military forces on non-Federal land to be conveyed 

26 to the United States under this title. 


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1 TITLE III—HIGHWAY RIGHTS-OF2 WAY 

3 SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGH4 WAY RIGHTS-OF-WAY. 

5 (a) DEFINITIONS.—In this section: 

6 (1) HIGHWAY RIGHT-OF-WAY.—The term ‘‘high7 way right-of-way’’ means a right-of-way across Fed8 eral land for all Class B and Class D R.S. 2477 roads 

9 in the Counties of Box Elder, Tooele, and Juab, in the 

10 State of Utah, according to the transportation map 

11 and centerline descriptions of each county in existence 

12 as of March 1, 2015. 

13 (2) MAP.—The term ‘‘transportation map and 

14 centerline description’’ means— 

15 (A) the map titled ‘‘Box Elder County R.S. 

16 2477 Rights-of-Way’’ and accompanying GPS 

17 centerline data kept and maintained by the Utah 

18 Public Lands Policy Coordinating Office show19 ing the locations and routes of all county 

20 claimed roads across Bureau of Land Manage21 ment lands in Box Elder County, Utah; 

22 (B) the map titled ‘‘Tooele County R.S. 

23 2477 Roads’’ and accompanying GPS centerline 

24 data kept and maintained by the Utah Public 

25 Lands Policy Coordinating Office showing the 


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1 locations and routes of all county claimed roads 

2 across Bureau of Land Management lands in 

3 Tooele County, Utah; and 

4 (C) the map titled ‘‘Juab County R.S. 2477 

5 Rights-of-Way’’ and accompanying GPS center6 line data kept and maintained by the Utah Pub7 lic Lands Policy Coordinating Office showing the 

8 locations and routes of all county claimed roads 

9 across Bureau of Land Management lands in 

10 Juab County, Utah. 

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

12 means— 

13 (A) the Secretary of Agriculture, with re14 spect to land administered by the Chief of the 

15 Forest Service; or 

16 (B) the Secretary of the Interior, with re17 spect to land administered by the Director of the 

18 Bureau of Land Management. 

19 (b) RECOGNITION OF EXISTENCE AND VALIDITY OF

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

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

22 the official transportation maps and centerline descrip23 tions. 

24 (c) CONVEYANCE OF AN EASEMENT ACROSS FEDERAL

25 LAND.— 


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1 (1) BOX ELDER COUNTY, UTAH.—The Secretary 

2 shall convey, without consideration, to Box Elder 

3 County, Utah, and the State of Utah as joint tenants 

4 with undivided interests, easements for motorized 

5 travel rights-of-way across Federal land for all Class 

6 B and Class D R.S. 2477 roads shown and described 

7 in the map and centerline description of the county 

8 described in subsection (a)(2)(A). 

9 (2) TOOELE COUNTY, UTAH.—The Secretary 

10 shall convey, without consideration, to Tooele County, 

11 Utah, and the State of Utah as joint tenants with un12 divided interests, easements for motorized travel 

13 rights-of-way across Federal land for all Class B and 

14 Class D R.S. 2477 roads shown and described in the 

15 transportation map and centerline description of the 

16 county described in subsection (a)(2)(B). 

17 (3) JUAB COUNTY, UTAH.—The Secretary shall 

18 convey, without consideration, to Juab County, Utah, 

19 and the State of Utah as joint tenants with undivided 

20 interests, easements for motorized travel rights-of-way 

21 across Federal land for all Class B and Class D R.S. 

22 2477 roads shown and described in the map and cen23 terline description of the county described in sub24 section (a)(2)(C). 


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1 (d) DESCRIPTION OF FEDERAL LAND SUBJECT TO

2 EASEMENT.— 

3 (1) IN GENERAL.—All easements under sub4 section (c) shall include— 

5 (A) the current disturbed width of each sub6 ject highway as shown and described in the offi7 cial transportation maps and centerline descrip8 tions; and 

9 (B) any additional acreage on either side of 

10 the disturbed width that the respective county 

11 transportation department determines is nec12 essary for the efficient maintenance, repair, sign13 age, administration, and use of the Federal land 

14 subject to the easement. 

15 (2) DESCRIPTION.— 

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

17 legal description of the Federal land subject to 

18 the easements conveyed under subsection (c) shall 

19 be— 

20 (i) as described in the centerline de21 scriptions; 

22 (ii) as referenced in the official trans23 portation maps; and 

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1 way as of the date of conveyance for travel 

2 purposes, plus any reasonable additional 

3 width as may be necessary for surface 

4 maintenance, repairs, and turnaround pur5 poses. 

6 (B) SURVEY NOT REQUIRED.—Notwith7 standing any other provision of law, the convey8 ance of easements under subsection (c) shall be 

9 effective without a survey of the exact acreage 

10 and local description of the Federal land subject 

11 to the easements. 

12 (e) RETENTION OF MAPS AND CENTERLINE DESCRIP13 TIONS.—The maps and centerline descriptions referred to 

14 in clauses (i) and (ii) of subsection (d)(2)(A) shall be on 

15 file in the appropriate office of the Secretary. 


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Union Calendar No. 670 

114TH CONGRESS 

2D SESSION H. R. 4579 

[Report No. 114–857, Part I] 

A BILL 

To withdraw certain Bureau of Land Management 

eral land and State land, and for other purposes. land, to provide for the exchange of certain Fedfor continued public access to the withdrawn pilot training, enhance public safety, and provide Force to facilitate enhanced weapons testing and of the Interior and the Secretary of the Air agement of the withdrawn land by the Secretary lic appropriation, to provide for the shared manland in the State of Utah from all forms of pubDECEMBER 8, 2016 

Reported from the Committee on Natural Resources with 

an amendment 

DECEMBER 8, 2016 

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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