Union Calendar No. 158

104TH CONGRESS

1ST SESSION H. R. 1838

[Report No. 104–306]

A BILL

Conservancy District of Washington County, Utah.

To provide for an exchange of lands with the Water

NOVEMBER 6, 1995

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 158

104TH CONGRESS

1ST SESSION H. R. 1838

[Report No. 104–306]

To provide for an exchange of lands with the Water Conservancy District

of Washington County, Utah.

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 1995

Mr. HANSEN introduced the following bill; which was referred to the

Committee on Resources

NOVEMBER 6, 1995

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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,
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1 SECTION 1. EXCHANGE OF LANDS WITH THE WATER CON2 SERVANCY DISTRICT OF WASHINGTON COUN3 TY, UTAH.

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

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

6 of this Act, the Water Conservancy District of Washington

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

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

9 Bulloch Site, the Secretary of the Interior shall, in ex10 change, transfer to the District all right, title, and interest

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

12 Quail Creek Pipeline and Quail Creek Reservoir, subject

13 to valid existing rights.

14 (b) WATER RIGHTS ASSOCIATED WITH THE

15 BULLOCH SITE.—The water rights associated with the

16 Bulloch Site shall not be included in the transfer under

17 subsection (a) but shall be subject to an agreement be18 tween the District and the Secretary that the water re19 main in the Virgin River as an instream flow from the

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

21 Quail Creek Reservoir.

22 (c) WITHDRAWAL OF MINERAL INTERESTS.—Subject

23 to valid existing rights, the mineral interests underlying

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

25 Quail Creek Pipeline are hereby withdrawn from disposi26 tion under the public land laws and from location, entry,
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1 and patent under the mining laws of the United States,

2 from the operation of the mineral leasing laws of the

3 United States, from the operation of the Geothermal

4 Steam Act of 1970, and from the operation of the Act

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

6 of 1947’’ (30 U.S.C. 601 et seq.).

7 (d) GRAZING.—The exchange of lands under sub8 section (a) shall be subject to agreement by the District

9 to continue to permit the grazing of domestic livestock on

10 the Sand Hollow Site under the terms and conditions of

11 existing Federal grazing leases or permits, except that the

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

13 fully compensate the holder of the terminated lease or per14 mit.

15 SEC. 2. EQUALIZATION OF VALUES.

16 The value of the lands transferred out of Federal

17 ownership under section 1 either shall be equal to the

18 value of the lands received by the Secretary under section

19 1 or, if not, shall be equalized by—

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

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

22 Washington County, Utah, and water rights of the

23 District associated thereto, which are within the

24 area providing habitat for the desert tortoise, as de-
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1 termined by the Director of the Bureau of Land

2 Management;

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

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

5 water rights of the District associated thereto; and

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

7 the extent that lands and rights transferred under

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

9 the values of the lands exchanged under section 1.

10 SEC. 3. MANAGEMENT OF LANDS ACQUIRED BY UNITED

11 STATES.

12 Lands acquired by the Secretary under this Act shall

13 be administered by the Secretary, acting through the Di14 rector of the Bureau of Land Management, in accordance

15 with the provisions of law generally applicable to the pub16 lic lands, including the Federal Land Policy and Manage17 ment Act of 1976 (43 U.S.C. 1701 et seq.).

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

19 The exchange of lands under this Act is not subject

20 to section 102 of the National Environmental Policy Act

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

22 SEC. 5. DEFINITIONS.

23 As used in this Act:
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1 (1) DISTRICT.—The term ‘‘District’’ means the

2 Water Conservancy District of Washington County,

3 Utah.

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

5 the Secretary of the Interior.

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

7 means the lands located in Kane County, Utah, ad8 jacent to Zion National Park, more particularly de9 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

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

11 Hollow Site’’ means the lands located in Washington

12 County, Utah, more particularly described as fol13 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
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SAND HOLLOW RESERVOIR SITE—Continued

Section Acres

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

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

2 Creek Pipeline’’ means the lands located in Wash3 ington County, Utah, more particularly described as

4 follows:

QUAIL CREEK PIPELINE

Section Acres

T 41 S R 12 W 30 NW1⁄4 NW1⁄4 40

River-pipeline

Total 40

5 (6) QUAIL CREEK RESERVOIR.—The term

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

7 Washington County, Utah, more particularly de8 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
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QUAIL CREEK RESERVOIR—Continued

Section Acres

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

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
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SMITH PROPERTY—Continued

Section

31 E1⁄2, E1⁄2 SW1⁄4 and lots 3 & 4

32 SW1⁄4

Containing 1,550 acres more or less