IIA

104TH CONGRESS

1ST SESSION H. R. 1838

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1995

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To provide for an exchange of lands with the Water

Conservancy District of Washington County, Utah.

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

3 SECTION 1. EXCHANGE OF LANDS WITH THE WATER CON4 SERVANCY DISTRICT OF WASHINGTON COUN5 TY, UTAH.

6 (a) IN GENERAL.—Subject to the provisions of this

7 Act, if within 18 months after the date of the enactment

8 of this Act, the Water Conservancy District of Washington
2

HR 1838 RFS

1 County, Utah, offers to transfer to the United States all

2 right, title, and interest of the District in and to the

3 Bulloch Site, the Secretary of the Interior shall, in ex4 change, transfer to the District all right, title, and interest

5 of the United States in and to the Sand Hollow Site, the

6 Quail Creek Pipeline and Quail Creek Reservoir, subject

7 to valid existing rights.

8 (b) WATER RIGHTS ASSOCIATED WITH THE

9 BULLOCH SITE.—The water rights associated with the

10 Bulloch Site shall not be included in the transfer under

11 subsection (a) but shall be subject to an agreement be12 tween the District and the Secretary that the water re13 main in the Virgin River as an instream flow from the

14 Bulloch Site to the diversion point of the District at the

15 Quail Creek Reservoir.

16 (c) WITHDRAWAL OF MINERAL INTERESTS.—Subject

17 to valid existing rights, the mineral interests underlying

18 the Sand Hollow Site, the Quail Creek Reservoir, and the

19 Quail Creek Pipeline are hereby withdrawn from disposi20 tion under the public land laws and from location, entry,

21 and patent under the mining laws of the United States,

22 from the operation of the mineral leasing laws of the

23 United States, from the operation of the Geothermal

24 Steam Act of 1970, and from the operation of the Act
3

HR 1838 RFS

1 of July 31, 1947, commonly known as the ‘‘Materials Act

2 of 1947’’ (30 U.S.C. 601 et seq.).

3 (d) GRAZING.—The exchange of lands under sub4 section (a) shall be subject to agreement by the District

5 to continue to permit the grazing of domestic livestock on

6 the Sand Hollow Site under the terms and conditions of

7 existing Federal grazing leases or permits, except that the

8 District, upon terminating any such lease or permit, shall

9 fully compensate the holder of the terminated lease or per10 mit.

11 SEC. 2. EQUALIZATION OF VALUES.

12 The value of the lands transferred out of Federal

13 ownership under section 1 either shall be equal to the

14 value of the lands received by the Secretary under section

15 1 or, if not, shall be equalized by—

16 (1) to the extent possible, transfer of all right,

17 title, and interest of the District in and to lands in

18 Washington County, Utah, and water rights of the

19 District associated thereto, which are within the

20 area providing habitat for the desert tortoise, as de21 termined by the Director of the Bureau of Land

22 Management;

23 (2) transfer of all right, title, and interest of

24 the District in and to lands in the Smith Site and

25 water rights of the District associated thereto; and
4

HR 1838 RFS

1 (3) the payment of money of the Secretary, to

2 the extent that lands and rights transferred under

3 paragraphs (1) and (2) are not sufficient to equalize

4 the values of the lands exchanged under section 1.

5 SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED

6 STATES.

7 Lands acquired by the Secretary under this Act shall

8 be administered by the Secretary, acting through the Di9 rector of the Bureau of Land Management, in accordance

10 with the provisions of law generally applicable to the pub11 lic lands, including the Federal Land Policy and Manage12 ment Act of 1976 (43 U.S.C. 1701 et seq.).

13 SEC. 4. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.

14 The exchange of lands under this Act is not subject

15 to section 102 of the National Environmental Policy Act

16 of 1969 (42 U.S.C. 4332).

17 SEC. 5. DEFINITIONS.

18 As used in this Act:

19 (1) DISTRICT.—The term ‘‘District’’ means the

20 Water Conservancy District of Washington County,

21 Utah.

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

23 the Secretary of the Interior.

24 (3) BULLOCH SITE.—The term ‘‘Bulloch Site’’

25 means the lands located in Kane County, Utah, ad-
5

HR 1838 RFS

1 jacent to Zion National Park, more particularly de2 scribed as follows:

BULLOCH SITE

Section Acres

T 39 S R 9 W

(Private)

32 S1⁄2 320

33 SW1⁄4, S1⁄2 SW1⁄4 NW1⁄4 180

Total 500

T 40 S R 9 W

(State)

5 S1⁄2, SW1⁄4 NE1⁄4, NE1⁄4 NE1⁄4 400

6 S1⁄2, NE1⁄4 480

Total 880

GRAND TOTAL 1,380

3 (4) SAND HOLLOW SITE.—The term ‘‘Sand

4 Hollow Site’’ means the lands located in Washington

5 County, Utah, more particularly described as fol6 lows:

SAND HOLLOW RESERVOIR SITE

Section Acres

T 42 S R 14 W 13 SW1⁄4 160

23 E1⁄2, E1⁄2 W1⁄2 480

24 All 640

26 NE1⁄4, E1⁄2 NW1⁄4, N1⁄2 SE1⁄2 320

25 All 640

T 42 S R 13 W 19 W1⁄2, SW1⁄4 SE1⁄4 360

30 W1⁄2, W1⁄2 NE1⁄4 400

GRAND TOTAL 3,000

7 (5) QUAIL CREEK PIPELINE.—The term ‘‘Quail

8 Creek Pipeline’’ means the lands located in Wash9 ington County, Utah, more particularly described as

10 follows:
6

HR 1838 RFS

QUAIL CREEK PIPELINE

Section Acres

T 41 S R 12 W 30 NW1⁄4 NW1⁄4 40

River-pipeline

Total 40

1 (6) QUAIL CREEK RESERVOIR.—The term

2 ‘‘Quail Creek Reservoir’’ means the lands located in

3 Washington County, Utah, more particularly de4 scribed as follows:

QUAIL CREEK RESERVOIR

Section Acres

T 41 S R 14 W 23 Tract 38 9.51

23 Lot 2 40.00

23 SW1⁄4 SW1⁄4 SE1⁄4 SE1⁄4 2.50

Total 52.01

25 W1⁄2 SW1⁄4 NW1⁄4 20

25 SE1⁄4 SW1⁄4 NW1⁄4 10

25 W1⁄2 SE1⁄4 SE1⁄4 NW1⁄4 5

25 NW1⁄4 SW1⁄4 40

25 W1⁄2 W1⁄2 NE1⁄4 SW1⁄4 10

Total 85

26 Lot 1 15.97

26 Lot 8 40.00

26 Lot 12 17.45

26 Lot 15 42.23

26 Lot 16 42.39

26 SE1⁄4 NE1⁄4 40.00

Total 198.04

35 E1⁄2 E1⁄2 NW1⁄4 40.00

35 SW1⁄4 NE1⁄4 40.00

35 W1⁄2 SE1⁄4 NE1⁄4 20.00

35 NE1⁄4 SE1⁄4 NE1⁄4 10.00

35 N1⁄2 NW1⁄4 SE1⁄4 20.00

35 NW1⁄4 NE1⁄4 SE1⁄4 10.00

35 N1⁄2 SE1⁄4 NW1⁄4 SE1⁄4 5.00

Total 145.00

Grand Total 480.05
7

HR 1838 RFS

1 (7) SMITH SITE.—The term ‘‘Smith Site’’

2 means the lands located in Washington County,

3 Utah, adjacent to Zion National Park and more par4 ticularly described as follows:

SMITH PROPERTY

Section

T 40 S R 11 W 5 Lots 3, 4, 5, 6, 7, 8, 9, 10, & 11 E1⁄2

SW1⁄4, SE1⁄4 NW1⁄4

6 Lot 1, S1⁄2, NE1⁄4 and beginning at a

point 2 rods west of the northeast corner of the northeast quarter of the

southeast quarter; thence east 2 rods;

thence south 80 rods; thence west 16

rods; thence in a northeasterly direction to the point of beginning

8 E1⁄2 NW1⁄4, E1⁄2 SW1⁄4 and lots 1 & 2 excepting the south 1200 feet of the

SE1⁄4 SW1⁄4

T 39 S R 11 W 30 W1⁄2 NE1⁄4, W1⁄2 SE1⁄4, SE1⁄4 SW1⁄4,

W1⁄2 SE1⁄4 NE1⁄4, W1⁄2 E1⁄2 SE1⁄4

31 E1⁄2, E1⁄2 SW1⁄4 and lots 3 & 4

32 SW1⁄4

Containing 1,550 acres more or less

Passed the House of Representatives November 7,

1995.

Attest: ROBIN H. CARLE,

Clerk.