II 

109TH CONGRESS 

1ST SESSION S. 1135 

To authorize the exchange of certain land in Grand and Uintah Counties, 

Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Mr. BENNETT (for himself and Mr. HATCH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the exchange of certain land in Grand and 

Uintah Counties, Utah, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Utah Recreational 

5 Land Exchange Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the area surrounding the Colorado River in 

9 Grand County, Utah, and Dinosaur National Monu10 ment and the Book Cliffs in Uintah County, Utah, 
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1 contains nationally recognized scenic vistas, signifi2 cant archaeological and historic resources, valuable 

3 wildlife habitat, and outstanding opportunities for 

4 public recreation that are enjoyed by hundreds of 

5 thousands of people annually; 

6 (2) the State of Utah owns multiple parcels of 

7 land in the area that were granted to the State 

8 under the Act of July 16, 1894 (28 Stat. 107, chap9 ter 138), to be held in trust for the benefit of the 

10 public school system and other public institutions of 

11 the State; 

12 (3) the parcels of State trust land are largely 

13 scattered in checkerboard fashion amid the Federal 

14 land comprising the area of the Colorado River cor15 ridor, the Dinosaur National Monument, and the 

16 Book Cliffs; 

17 (4) the State trust land in the area of the Colo18 rado River corridor, Dinosaur National Monument, 

19 and the Book Cliffs includes significant natural and 

20 recreational features, including— 

21 (A) portions of Westwater Canyon of the 

22 Colorado River; 

23 (B) the nationally recognized Kokopelli 

24 and Slickrock trails; 
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1 (C) several of the largest natural rock 

2 arches in the United States; 

3 (D) multiple wilderness study areas and 

4 proposed wilderness areas; and 

5 (E) viewsheds for Arches National Park 

6 and Dinosaur National Monument; 

7 (5) the large presence of State trust land lo8 cated in the Colorado River corridor, Dinosaur Na9 tional Monument, and the Book Cliffs area makes 

10 land and resource management in the area more dif11 ficult, costly, and controversial for the United States 

12 and the State of Utah; 

13 (6) although the State trust land was granted 

14 to the State to generate financial support for public 

15 schools in the State through the sale or development 

16 of natural resources, development of those resources 

17 in the Colorado River corridor, Dinosaur National 

18 Monument, and the Book Cliffs area may be incom19 patible with managing the area for recreational, nat20 ural, and scenic resources; 

21 (7) the United States owns land and interests 

22 in land in other parts of the State of Utah that can 

23 be transferred to the State in exchange for the State 

24 trust land without jeopardizing Federal management 

25 objectives or needs; and 
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1 (8) it is in the public interest to exchange feder2 ally-owned land in the State for the Utah State trust 

3 land located in the Colorado River Corridor, Dino4 saur National Monument, and the Book Cliffs area, 

5 on terms that are fair to the United States and the 

6 State of Utah. 

7 (b) PURPOSE.—It is the purpose of this Act to au8 thorize, facilitate, and expedite the exchange of certain 

9 Federal land and non-Federal land in the State to further 

10 the public interest by— 

11 (1) exchanging Federal land that has limited 

12 recreational and conservation resources; and 

13 (2) acquiring State trust land with important 

14 recreational, scenic, and conservation resources for 

15 permanent public management and use. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 means the approximately llll acres of Federal 

20 land located in Grand and Uintah Counties, Utah, 

21 as generally depicted on the map. 

22 (2) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Utah Recreational Land Exchange-Federal 

24 and Non-Federal Lands’’ and dated February 9, 

25 2005. 
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1 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means— 

3 (A) the approximately llll acres of 

4 State trust land located in the Colorado River 

5 corridor in Grand County, Utah, as generally 

6 depicted on the map; 

7 (B) the approximately llll acres of 

8 State trust land located in the vicinity of Dino9 saur National Monument in Uintah County, 

10 Utah, as generally depicted on the map; and 

11 (C) the approximately llll acres of 

12 State trust land located in the vicinity of the 

13 Book Cliffs area in Uintah County, Utah, as 

14 generally depicted on the map. 

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

16 the Secretary of the Interior. 

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

18 of Utah, as trustee under the Utah State School and 

19 Institutional Trust Lands Management Act (Utah 

20 Code Ann. 53c–1–101 et seq.). 

21 SEC. 4. EXCHANGE OF LAND. 

22 (a) IN GENERAL.—If, not later than 30 days after 

23 the date of enactment of this Act, the State offers to con24 vey to the United States title to the non-Federal land that 

25 is acceptable to the Secretary, the Secretary shall— 
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1 (1) accept the offer; and 

2 (2) on receipt of acceptable title to the non3 Federal land and subject to valid existing rights, si4 multaneously convey to the State all right, title, and 

5 interest of the United States in and to the Federal 

6 land. 

7 (b) CONVEYANCE OF INDIVIDUAL PARCELS.—Not8 withstanding that appraisals for all of the parcels of Fed9 eral land and non-Federal land may not have been com10 pleted under section 5, individual parcels of Federal land 

11 and non-Federal land may be exchanged under subsection 

12 (a) at any time after the date on which the appraised val13 ues of the individual parcels are approved under section 

14 5(b)(5). 

15 (c) TIMING.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the exchange of land authorized by sub18 section (a) shall be completed not later than 330 

19 days after the date on which the State makes the 

20 Secretary an offer to convey the non-Federal land 

21 under that subsection. 

22 (2) EXTENSION.—The Secretary and the State 

23 may mutually agree to extend the deadline specified 

24 in paragraph (1). 
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1 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI2 ZATION. 

3 (a) EQUAL VALUE EXCHANGE.—The value of the 

4 Federal land and non-Federal land to be exchanged under 

5 this Act— 

6 (1) shall be approximately equal; or 

7 (2) shall be made approximately equal in ac8 cordance with subsection (c). 

9 (b) APPRAISALS.— 

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

11 land and the non-Federal land shall be determined 

12 by appraisals conducted— 

13 (A) using, where appropriate, comparable 

14 sales of surface and subsurface property; and 

15 (B) subject to paragraph (3), in accord16 ance with— 

17 (i) the Uniform Appraisal Standards 

18 for Federal Land Acquisitions (2002); 

19 (ii) the Uniform Standards of Profes20 sional Appraisal Practice; 

21 (iii) section 206(d) of the Federal 

22 Land Policy and Management Act of 1976 

23 (43 U.S.C. 1716(d)); and 

24 (iv) section 2201.3–2 of title 43, Code 

25 of Federal Regulations (or successor regu26 lations). 
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1 (2) SELECTION OF APPRAISER.—The appraisals 

2 of the Federal land and non-Federal land shall be 

3 conducted by 1 or more independent third-party ap4 praisers selected jointly by the Secretary and the 

5 State. 

6 (3) REQUIREMENTS.—During the appraisal 

7 process, the appraiser shall— 

8 (A) consider comparable public and private 

9 sales without regard to— 

10 (i) whether the land was acquired for 

11 conservation or preservation purposes; or 

12 (ii) the nonprofit status of the entity 

13 making the acquisition; and 

14 (B) if value is attributed to the land be15 cause of the presence of minerals subject to 

16 leasing under Federal mineral leasing laws, ad17 just the value proportionately to reflect Federal 

18 mineral revenue sharing, subject to the condi19 tion that the Utah School and Institutional 

20 Trust Lands Administration assume the rev21 enue sharing obligation of the United States 

22 with respect to the land. 

23 (4) COSTS.—The Secretary and the State shall 

24 share third party appraisal costs equally. 

25 (5) REVIEW AND APPROVAL.— 
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1 (A) IN GENERAL.—Not later than 120 

2 days after the date on which the appraiser is 

3 selected under paragraph (2), the appraiser 

4 shall submit to the Secretary and the State a 

5 copy of the completed appraisals for review. 

6 (B) APPROVAL OR DISAPPROVAL.—Not 

7 later than 90 days after the date of receipt of 

8 an appraisal under subparagraph (A), the Sec9 retary and the State shall independently ap10 prove or disapprove the appraisal. 

11 (6) DETERMINATION OF VALUE.— 

12 (A) DETERMINATION BY SECRETARY AND

13 STATE.—If the Secretary and the State are un14 able to agree on the value of a parcel of land, 

15 the value of the parcel may be determined by 

16 the Secretary and the State in accordance with 

17 paragraphs (2) and (4) of section 206(d) of the 

18 Federal Land Policy and Management Act of 

19 1976 (43 U.S.C. 1716(d)). 

20 (B) DETERMINATION BY COURT.— 

21 (i) IN GENERAL.—Notwithstanding 

22 any other provision of law, if the Secretary 

23 and the State have not agreed on the value 

24 of a parcel by the date that is 1 year after 

25 the date of enactment of this Act, a Fed-
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1 eral district court (including the United 

2 States District Court for the District of 

3 Utah, Central Division) shall have jurisdic4 tion to determine the value of the parcel. 

5 (ii) LIMITATION.—An action to deter6 mine the value of a parcel under clause (i) 

7 shall be brought not earlier than 1 year, 

8 but not more than 3 years, after the date 

9 of enactment of this Act. 

10 (c) EQUALIZATION OF VALUES.— 

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

12 completion of the appraisal and dispute resolution 

13 process under subsection (b), the value of the non14 Federal land exceeds the value of the Federal land, 

15 the State shall remove parcels of non-Federal land 

16 from the exchange until the value of the Federal 

17 land and non-Federal land is approximately equal. 

18 (2) SURPLUS OF FEDERAL LAND.—If after 

19 completion of the appraisal and dispute resolution 

20 process under subsection (b), the value of the Fed21 eral land exceeds the value of the non-Federal land, 

22 the value of the Federal land and non-Federal land 

23 may be equalized by— 
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1 (A) the Secretary and the State removing 

2 parcels of Federal land from the exchange until 

3 the value is approximately equal; or 

4 (B) the Secretary and the State adding ad5 ditional State trust land to the non-Federal 

6 land, if— 

7 (i) the additional land has been ap8 praised in accordance with an ongoing 

9 Federal acquisition process or program; 

10 and 

11 (ii) the appraised value (as deter12 mined under clause (i)) has been accepted 

13 by the Secretary. 

14 SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EX15 CHANGE. 

16 (a) ADMINISTRATION OF NON-FEDERAL LAND.— 

17 (1) IN GENERAL.—Subject to paragraph (2) 

18 and in accordance with section 206(c) of the Federal 

19 Land Policy and Management Act of 1976 (43 

20 U.S.C. 1716(c)), the non-Federal land acquired by 

21 the United States under this Act shall become part 

22 of, and be managed as part of, the Federal adminis23 trative unit or area in which the land is located. 

24 (2) LIMITATION.—The payment of mineral rev25 enues from the non-Federal land acquired by the 
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1 United States under this Act shall be subject to sec2 tion 35 of the Mineral Leasing Act (30 U.S.C. 191). 

3 (b) WITHDRAWAL OF FEDERAL LAND.—Subject to 

4 valid existing rights, the Federal land is withdrawn 

5 from— 

6 (1) disposition under the public land laws; 

7 (2) location, entry, and patent under the mining 

8 laws; and 

9 (3) the operation of— 

10 (A) the mineral leasing laws; 

11 (B) the Geothermal Steam Act of 1970 

12 (30 U.S.C. 1001 et seq.); and 

13 (C) the first section of the Act of July 31, 

14 1947 (commonly known as the ‘‘Materials Act 

15 of 1947’’) (30 U.S.C. 601). 

16 (c) GRAZING PERMITS.— 

17 (1) IN GENERAL.—If land acquired under this 

18 Act is subject to a lease, permit, or contract for the 

19 grazing of domestic livestock in effect on the date of 

20 acquisition, the party acquiring the land shall allow 

21 the grazing to continue for the remainder of the 

22 term of the lease, permit, or contract, subject to the 

23 related terms and conditions of user agreements, in24 cluding permitted stocking rates, grazing fee levels, 
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1 access rights, and ownership and use of range im2 provements. 

3 (2) RENEWAL.—To the extent allowed by Fed4 eral or State law, on expiration of any grazing lease, 

5 permit, or contract described in paragraph (1), the 

6 holder of the lease, permit, or contract shall be enti7 tled to a preference right to renew the lease, permit, 

8 or contract. 

9 (3) CANCELLATION.—Nothing in this Act pre10 vents a party to a grazing permit, lease, or contract 

11 from canceling the grazing permit, lease, or contract 

12 if the land subject to the permit, lease, or contract 

13 is sold, conveyed, transferred, or leased for non-graz14 ing purposes by the party. 

15 (4) BASE PROPERTIES.—If land conveyed by 

16 the State under this Act is used by a grazing per17 mittee or lessee to meet the base property require18 ments for a Federal grazing permit or lease, the 

19 land shall continue to qualify as a base property for 

20 the remaining term of the lease or permit and the 

21 term of any renewal or extension of the lease or per22 mit. 

23 (d) HAZARDOUS MATERIALS.— 

24 (1) IN GENERAL.—The Secretary and, as a con25 dition of the exchange, the State shall make avail-
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1 able for review and inspection any record relating to 

2 hazardous materials on the land to be exchanged 

3 under this Act. 

4 (2) COSTS.—The costs of remedial actions re5 lating to hazardous materials on land acquired 

6 under this Act shall be paid by those entities respon7 sible for the costs under applicable law. 

8 (e) HISTORIC PROPERTIES.—A conveyance of Fed9 eral land under this Act shall not be considered to be an 

10 undertaking under section 106 of the National Historic 

11 Preservation Act (16 U.S.C. 470f) if the Utah State An12 tiquities Act (Utah Code Ann. 9–8–301 et seq.) or a simi13 lar State law is in effect on the date of the conveyance 

14 of the Federal land. 

15 (f) PROVISIONS RELATING TO FEDERAL LAND.—The 

16 exchange of land under this Act shall be considered to be 

17 in the public interest under section 206(a) of the Federal 

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

19 1716(a)). 

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated such sums 

22 as are necessary to carry out this Act. 

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