79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–179 

UTAH RECREATIONAL LAND EXCHANGE ACT OF 2009 

JUNE 23, 2009.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 1275] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1275) to direct the exchange of certain land in Grand, 

San Juan, and Uintah Counties, Utah, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Utah Recreational Land Exchange Act of 2009’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the land located in 

Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps 

as— (A) ‘‘BLM Subsurface only Proposed for Transfer to State Trust Lands’’; 

(B) ‘‘BLM Surface only Proposed for Transfer to State Trust Lands’’; and 

(C) ‘‘BLM Lands Proposed for Transfer to State Trust Lands’’. 

(2) GRAND COUNTY MAP.—The term ‘‘Grand County Map’’ means the map prepared by the Bureau of Land Management entitled ‘‘Utah Recreational Land 

Exchange Act Grand County’’, dated May 14, 2009, and relating to the exchange 

of Federal land and non-Federal land in Grand and San Juan Counties, Utah. 

(3) MAPS.—The term ‘‘maps’’ means the Grand County Map and the Uintah 

County Map. 

(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the land in 

Grand, San Juan, and Uintah Counties, Utah, that is identified on the maps 

as— 

(A) ‘‘State Trust Land Proposed for Transfer to BLM’’; and 

(B) ‘‘State Trust Minerals Proposed for Transfer to BLM’’. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 


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(6) STATE.—The term ‘‘State’’ means the State of Utah, as trustee under the 

Utah State School and Institutional Trust Lands Management Act (Utah Code 

Ann. 53C–1–101 et seq.). 

(7) UINTAH COUNTY MAP.—The term ‘‘Uintah County Map’’ means the map 

prepared by the Bureau of Land Management entitled ‘‘Utah Recreational Land 

Exchange Act Uintah County’’, dated May 14, 2009, and relating to the exchange of Federal land and non-Federal land in Uintah County, Utah. 

SEC. 3. EXCHANGE OF LAND. 

(a) IN GENERAL.—If the State offers to convey to the United States title to the 

non-Federal land, the Secretary shall— 

(1) accept the offer; and 

(2) on receipt of all right, title, and interest of the State in and to the nonFederal land, convey to the State all right, title, and interest of the United 

States in and to the Federal land. 

(b) CONDITIONS.—The exchange authorized under subsection (a) shall be subject 

to— 

(1) valid existing rights; 

(2) except as otherwise provided by this section— 

(A) section 206 of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1716); and 

(B) any other applicable laws; 

(3) all costs of land exchanges under this Act, including but not limited to appraisals, surveys, and related costs, shall be paid equally by the Secretary and 

the State; and 

(4) any additional terms and conditions that the Secretary and the State mutually determine to be appropriate. 

(c) TITLE APPROVAL.—Title to the Federal land and non-Federal land to be exchanged under this section shall be in a format acceptable to the Secretary and the 

State. 

(d) APPRAISALS.— 

(1) IN GENERAL.—The value of the Federal land and the non-Federal land 

shall be determined by appraisals conducted by 1 or more independent appraisers selected jointly by the Secretary and the State. 

(2) APPLICABLE LAW.—The appraisals conducted under paragraph (1) shall be 

conducted in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). 

(3) APPROVAL.—The appraisals conducted under paragraph (1) shall be submitted to the Secretary and the State for approval. 

(4) ADJUSTMENT.— 

(A) IN GENERAL.—If value is attributed to any parcel of Federal land because of the presence of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), the value of the parcel (as otherwise established under this subsection) shall be reduced by the estimated value of the 

payments that would have been made to the State of Utah from bonuses, 

rentals, and royalties that the United States would have received if such 

minerals were leased pursuant to the Mineral Leasing Act (30 U.S.C. 181 

et seq.). 

(B) LIMITATION.—An adjustment under subparagraph (A) shall not be 

considered as a property right of the State. 

(5) AVAILABILITY OF APPRAISALS.— 

(A) IN GENERAL.—All final appraisals, appraisal reviews, and determinations of value for land to be exchanged under this section shall be available 

for public review at the Utah State Office of the Bureau of Land Management at least 30 days before the conveyance of the applicable parcels. 

(B) PUBLICATION.—The Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals are available for public inspection. 

(e) CONVEYANCE OF PARCELS IN PHASES.— 

(1) IN GENERAL.—Notwithstanding that appraisals for all of the parcels of 

Federal land and non-Federal land may not have been approved under subsection (d)(3), parcels of the Federal land and non-Federal land may be exchanged under subsection (a) in 3 phases beginning on the date on which the 

appraised values of the parcels included in the applicable phase are approved 

under this subsection. 

(2) PHASES.—The 3 phases referred to in paragraph (1) are— 

(A) phase 1, consisting of the non-Federal land identified as ‘‘phase one’’ 

land on the Grand County Map; 


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(B) phase 2, consisting of the non-Federal land identified as ‘‘phase two’’ 

land on the Grand County Map and the Uintah County Map; and 

(C) phase 3, consisting of any remaining non-Federal land that is not 

identified as ‘‘phase one’’ land or ‘‘phase two’’ land on the Grand County 

Map or the Uintah County Map. 

(3) NO AGREEMENT ON EXCHANGE.—If agreement has not been reached with 

respect to the exchange of an individual parcel of Federal land or non-Federal 

land, the Secretary and the State may agree to set aside the individual parcel 

to allow the exchange of the other parcels of Federal land and non-Federal land 

to proceed. 

(4) TIMING.—It is the intent of Congress that at least the first phase of the 

exchange of land authorized by subsection (a) be completed not later than 360 

days after the date on which the State makes the Secretary an offer to convey 

the non-Federal land under that subsection. 

(f) RESERVATION OF INTEREST IN OIL SHALE.— 

(1) IN GENERAL.—With respect to Federal land that contains oil shale resources, the Secretary shall reserve an interest in the portion of the mineral estate that contains the oil shale resources. 

(2) EXTENT OF INTEREST.—The interest reserved by the United States under 

paragraph (1) shall consist of— 

(A) 50 percent of any bonus bid or other payment received by the State 

as consideration for securing any lease or authorization to develop oil shale 

resources; 

(B) the amount that would have been received by the Federal Government under the applicable royalty rate if the oil shale resources had been 

retained in Federal ownership; and 

(C) 50 percent of any other payment received by the State pursuant to 

any lease or authorization to develop the oil shale resources. 

(3) PAYMENT.—Any amounts due under paragraph (2) shall be paid by the 

State to the United States not less than quarterly. 

(4) NO OBLIGATION TO LEASE.—The State shall not be obligated to lease or 

otherwise develop oil shale resources in which the United States retains an interest under this subsection. 

(5) VALUATION.—Federal land in which the Secretary reserves an interest 

under this subsection shall be appraised— 

(A) without regard to the presence of oil shale; and 

(B) in accordance with subsection (d). 

(g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EXCHANGE.—Subject to valid existing rights, during the period beginning on the date of enactment of this Act and 

ending on the earlier of the date that the Federal land is removed from the exchange or the date on which the Federal land is conveyed under this Act, the Federal land is withdrawn from— 

(1) disposition (other than disposition under section 4) under the public land 

laws; 

(2) location, entry, and patent under the mining laws; and 

(3) the operation of— 

(A) the mineral leasing laws; 

(B) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and 

(C) the first section of the Act of July 31, 1947 (commonly known as the 

‘‘Materials Act of 1947’’) (30 U.S.C. 601). 

(h) APPURTENANT WATER RIGHTS.—Any conveyance of a parcel of Federal land or 

non-Federal land under this Act shall include the conveyance of water rights appurtenant to the parcel conveyed. 

(i) EQUAL VALUE EXCHANGE.— 

(1) IN GENERAL.—The value of the Federal land and non-Federal land to be 

exchanged under this Act— 

(A) shall be equal; or 

(B) shall be made equal in accordance with paragraph (2). 

(2) EQUALIZATION.— 

(A) SURPLUS OF FEDERAL LAND.—If the value of the Federal land exceeds 

the value of the non-Federal land, the value of the Federal land and nonFederal land shall be equalized, as determined to be appropriate and acceptable by the Secretary and the State, by one or more of the following: 

(i) By reducing the acreage of the Federal land to be conveyed. 

(ii) By adding additional State land to the non-Federal land to be 

conveyed. 

(iii) Consistent with section 206(b) of the Federal Land Policy and 

Management Act (43 U.S.C. 1716), by cash equalization of not more 


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than 5 percent of the total value of the lands or interests in lands to 

be transferred out of Federal ownership. 

(B) SURPLUS OF NON-FEDERAL LAND.—If the value of the non-Federal land 

exceeds the value of the Federal land, the value of the Federal land and 

non-Federal land shall be equalized, as determined to be appropriate and 

acceptable by the Secretary and the State, by one or both of the following:. 

(i) By reducing the acreage of the non-Federal land to be conveyed. 

(ii) Consistent with section 206(b) of the Federal Land Policy and 

Management Act (43 U.S.C. 1716), by cash equalization of not more 

than 5 percent of the total value of the lands or interests in lands to 

be transferred out of Federal ownership. 

(3) NOTICE AND PUBLIC INSPECTION.— 

(A) IN GENERAL.—If the Secretary and the State determine to add or remove land from the exchange, the Secretary or the State shall— 

(i) publish in a newspaper of general circulation in Salt Lake County, 

Utah, a notice that identifies when and where a revised exchange map 

will be available for public inspection; and 

(ii) transmit to the Committee on Natural Resources of the House of 

Representatives and the Committee on Energy and Natural Resources 

of the Senate a copy of the revised exchange map. 

(B) LIMITATION.—The Secretary and the State shall not add or remove 

land from the exchange until at least 30 days after the date on which the 

notice is published under subparagraph (A)(i) and the map is transmitted 

under subparagraph (A)(ii). 

SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE. 

(a) ADMINISTRATION OF NON-FEDERAL LAND.— 

(1) IN GENERAL.—Subject to paragraph (2) and in accordance with section 

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

1716(c)), the non-Federal land acquired by the United States under this Act 

shall become part of, and be managed as part of, the Federal administrative 

unit or area in which the land is located. 

(2) WITHDRAWAL PARCELS.—Any non-Federal land acquired by the United 

States under this Act identified on the maps as ‘‘Withdrawal Parcels’’ is withdrawn from the operation of the mineral leasing and mineral material disposal 

laws. 

(3) RECEIPTS.— 

(A) IN GENERAL.—Any mineral receipts derived from the non-Federal land 

acquired under this Act shall be paid into the general fund of the Treasury. 

(B) APPLICABLE LAW.—Mineral receipts from the non-Federal land acquired under this Act shall not be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191). 

(b) GRAZING PERMITS.— 

(1) IN GENERAL.—If land conveyed under this Act is subject to a lease, permit, 

or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related 

terms and conditions of user agreements, including permitted stocking rates, 

grazing fee levels, access rights, and ownership and use of range improvements. 

(2) RENEWAL.—To the extent allowed by Federal or State law, on expiration 

of any grazing lease, permit, or contract described in paragraph (1), the holder 

of the lease, permit, or contract shall be entitled to a preference right to renew 

the lease, permit, or contract. 

(3) CANCELLATION.— 

(A) IN GENERAL.—Nothing in this Act prevents the Secretary or the State 

from canceling or modifying a grazing permit, lease, or contract if the land 

subject to the permit, lease, or contract is sold, conveyed, transferred, or 

leased for nongrazing purposes by the Secretary or the State. 

(B) LIMITATION.—Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary or 

the State shall not cancel or modify a grazing permit, lease, or contract because the land subject to the permit, lease, or contract has been leased for 

mineral development. 

(4) BASE PROPERTIES.—If land conveyed by the State under this Act is used 

by a grazing permittee or lessee to meet the base property requirements for a 

Federal grazing permit or lease, the land shall continue to qualify as a base 

property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit. 

(c) HAZARDOUS MATERIALS.— 


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(1) IN GENERAL.—The Secretary and, as a condition of the exchange, the State 

shall make available for review and inspection any record relating to hazardous 

materials on the land to be exchanged under this Act. 

(2) COSTS.—The costs of remedial actions relating to hazardous materials on 

land acquired under this Act shall be paid by those entities responsible for the 

costs under applicable law. 

(d) EASEMENT.—The conveyance of Federal land in sec. 33, T. 4 S., R. 24 E., and 

sec. 4, T. 5 S., R. 24 E., of the Salt Lake Meridian, shall be subject to a 1,000 foot 

wide scenic easement and a 200 foot wide road right-of-way previously granted to 

the National Park Service for the Dinosaur National Monument, as described in 

Land Withdrawal No. U–0141143, pursuant to the Act of September 8, 1960 (74 

Stat. 857,861). 

SEC. 5. TERMINATION OF AUTHORITY. 

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

SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

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

this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 1275 is to authorize the exchange of certain 

land in Grand, San Juan, and Uintah Counties, Utah, and for other 

purposes. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1275 directs the Secretary of the Interior to enter into an 

exchange with the State of Utah (acting on behalf of the Utah 

School and Institutional Trust Lands Administration [SITLA]) for 

the exchange of public lands and state lands in Grand, San Juan, 

and Uintah Counties. 

Land exchanges, especially in Utah, have proven to be very controversial. In 2002 the Department of the Interior and the State of 

Utah negotiated a land exchange in the San Rafael Swell area of 

Utah, which was subsequently introduced as H.R. 4968 in the 

107th Congress. That legislation was extremely controversial, with 

a number of Bureau of Land Management (BLM) employees and 

public interest groups issuing charges of manipulation of data and 

valuations. As a result of these charges, several investigations were 

launched which confirmed that the Department of the Interior engaged in improper negotiation and valuation procedures on the exchange. Consequently, the proposed exchange was abandoned, disciplinary action was taken against several senior officials, and the 

Department of the Interior overhauled its land exchange procedures. 

H.R. 1275 would be the first Utah land exchange since the infamous 2002 proposal and is based on legislation (H.R. 2069) that 

passed the House of Representatives in the 109th Congress but 

was not enacted. According to the BLM, this legislation would involve approximately 40,000 acres of federal land and minerals 

being exchanged for approximately 42,000 acres of state land and 

minerals. BLM has testified that many of the lands that the state 

is proposing to transfer to the BLM are lands that the BLM has 

a high interest in acquiring because they would consolidate federal 

ownership within wilderness study areas, Areas of Critical Environmental Concern (ACEC), or other sensitive lands. Much of the 

federal land that the state would acquire has a high potential for 

development. 


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This exchange has been widely publicized and the intent of the 

legislation is to place valuable conservation and recreation lands 

into public ownership while also benefitting public school funding 

in Utah. The exchange will also continue the process of consolidating state and federal ownership patterns in Utah. 

COMMITTEE ACTION

H.R. 1275 was introduced on March 3, 2009 by Representative 

Jim Matheson (D–UT). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on National Parks, Forests, and Public Lands. 

At a National Parks, Forests and Public Lands Subcommittee 

hearing on March 24, 2009, a representative of the Department of 

the Interior testified that the BLM generally supports the bill. 

However, the agency recommended several changes regarding valuation and appraisal of these lands as well as other technical 

changes. 

On June 10, 2009, the Full Natural Resources Committee met to 

consider the bill. The Subcommittee on National Parks, Forests, 

and Public Lands was discharged from the further consideration of 

H.R. 1275. Subcommittee Chairman Rau ́l Grijalva (D–AZ) offered 

an amendment in the nature of a substitute to make the technical 

changes requested by the BLM, to address the valuation and appraisal concerns of the BLM, and to reference new maps. The 

amendment in the nature of a substitute was agreed to by unanimous consent. The bill, as amended, was then ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that this Act may be cited as the ‘‘Utah Recreational Land Exchange Act of 2009’’. 

Section 2. Definitions 

Section 2 provides definitions of the terms used in this Act. 

Section 3. Exchange of land 

Section 3 establishes the procedures to be used in making the exchange, including (except as otherwise provided for in this Act) section 206 of the Federal Land Policy and Management Act (43 

U.S.C. 1716) and other applicable law. It specifies that all costs of 

the land exchanges under this Act shall be paid equally by the Secretary and the State. 

Subsection (d) addresses appraisals. Subsection (d)(4) specifically 

provides that if, during the appraisal, value is attributed to any 

parcel of federal land because of the presence of minerals, subject 

to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.), 

the value of the parcel shall be reduced. This will be determined 

by reducing the estimated value of the payments that would have 

been made to the State of Utah from bonuses, rentals, and royalties if such minerals were leased, from the appraised value. 

Subsection (f) includes a reservation of a federal interest in any 

oil shale that may be present on the federal lands being exchanged. 

Although there is currently no viable market for oil shale, and as 


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such oil shale would not likely be valued when appraising the land, 

the Committee understands that there is a large future potential 

value in this resource. To protect the federal interest the amended 

bill provides that if the State ever develops such oil shale, it would 

be obligated to split any revenue it received with the United States. 

The Committee’s intent is that the United States receive all revenue that it would have received under applicable law if the lands 

had been retained in federal ownership, minus any amounts that 

otherwise would be payable to the State of Utah under applicable 

law. 

Section 4. Status and management of land after exchange 

Section 4 provides for the management of the non-federal lands 

acquired in the exchange and includes provisions regarding mineral leasing, grazing permits and disclosure and liability for hazardous materials. 

The Committee is aware that a number of the non-federal parcels 

being acquired have significant conservation values, including the 

protection of community water supplies. For this reason the legislation includes language to withdraw certain parcels from operation 

on the mineral leasing and mineral material disposal laws to protect these resource values. 

Section 5. Termination of authority 

Section 5 provides that the provisions of the Act will terminate 

in 5 years. 

Section 6. Authorization of appropriations 

Section 6 authorizes the appropriation of such sums as may be 

necessary to carry out this Act. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution 

of the United States grant Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 


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contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to authorize the exchange of land in Grand, San Juan, 

and Uintah Counties, Utah, and for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1275—Utah Recreational Land Exchange Act of 2009 

H.R. 1275 would authorize a land exchange between the federal 

government and the state of Utah. The bill would specify certain 

procedures for equalizing the values of lands and interests exchanged and other conditions on the transaction. In particular, 

under the bill, the federal government would reserve an interest in 

any oil shale resources conveyed to the state. 

CBO estimates that enacting H.R. 1275 would have no significant net impact on discretionary or mandatory spending and no effect on revenues. The bill contains no intergovernmental or privatesector mandates as defined in the Unfunded Mandates Reform Act 

and would impose no costs on state, local, or tribal governments. 

Based on information provided by the Bureau of Land Management (BLM), CBO estimates that the approximately 36,000 acres 

of federal lands to be conveyed under H.R. 1275 currently generate 

net offsetting receipts (a credit against direct spending) totaling 

less than $50,000 annually, primarily for grazing. Although some 

of those lands have the potential for mineral development, CBO expects that they are unlikely to be leased over the next 10 years; 

therefore, we estimate that forgone net receipts under the bill over 

the 2010–2019 period would be minimal, as would any new receipts 

that might be earned on the approximately 46,000 acres that would 

be received from the state. 

Also, under H.R. 1275, the federal government would reserve a 

50 percent interest in future royalties, bonus bids, and other payments that Utah might receive if the lands to be transferred to it 

are ever developed for oil shale. Because BLM typically retains half 

of any receipts from mineral leasing on federal land under current 

law, CBO expects that this provision would, on average, have no 

significant effect on the federal budget. 

The CBO staff contacts for this estimate are Deborah Reis and 

Megan Carroll. The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

EARMARK STATEMENT

H.R. 1275 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 


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PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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