I

103D CONGRESS

1ST SESSION H. R. 677

To exchange lands within the State of Utah, between the United States

and the State of Utah

IN THE HOUSE OF REPRESENTATIVES

JANUARY 27, 1993

Mr. HANSEN (for himself and Ms. SHEPHERD) introduced the following bill;

which was referred to the Committee on Natural Resources

A BILL

To exchange lands within the State of Utah, between the

United States and the State of 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. SHORT TITLE.

4 This Act may be cited as the ‘‘Utah Schools and

5 Lands Improvement Act of 1993’’.

6 SEC. 2. UTAH-NAVAJO LAND EXCHANGE.

7 (a) ADDITIONS TO RESERVATION.—For the purpose

8 of securing in trust for the Navajo Nation certain lands

9 belonging to the State of Utah, which comprise approxi10 mately thirty-eight thousand five hundred acres of surface
2

HR 677 IH

1 and subsurface estate, and approximately an additional

2 nine thousand five hundred acres of subsurface estate, as

3 generally depicted on the map entitled ‘‘Utah-Navajo

4 Land Exchange’’, dated May 18, 1992, such lands are

5 hereby declared to be part of the Navajo Indian Reserva6 tion in the State of Utah effective upon the completion

7 of conveyance from the State of Utah and acceptance of

8 title by the United States.

9 (b) AUTHORIZATION.—The Secretary of the Interior

10 is authorized to acquire through exchange those lands de11 scribed in subsection (a) which are owned by the State

12 of Utah, subject to valid existing rights.

13 SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RES14 ERVATION.

15 (a) ADDITION TO RESERVATION.—For the purpose

16 of securing in trust for the Goshute Indian Tribe certain

17 lands belonging to the State of Utah, which comprise ap18 proximately nine hundred eighty acres of surface and sub19 surface estate, and an additional four hundred and eighty

20 acres of subsurface estate, as generally depicted on the

21 map entitled ‘‘Utah-Goshute Land Exchange’’, dated May

22 18, 1992, such lands are hereby declared to be part of

23 the Goshute Indian Reservation in the State of Utah effec24 tive upon the completion of conveyance from the State of

25 Utah and acceptance of title by the United States.
3

HR 677 IH

1 (b) AUTHORIZATION.—The Secretary of the Interior

2 is authorized to acquire through exchange those lands de3 scribed in subsection (a) which are owned by the State

4 of Utah, subject to valid existing rights.

5 (c) OTHER LAND.—(1) The following tract of Fed6 eral land located in the State of Nevada, comprising ap7 proximately five acres more or less, together with all im8 provements thereon is hereby declared to be part of the

9 Goshute Indian Reservation, and shall be held in trust for

10 the Goshute Indian Tribe: Township 30 north, range 69

11 east, lots 5, 6, 7, 9, 11, and 14 of section 34.

12 (2) No part of such lands shall be used for gaming

13 or any related purpose.

14 SEC. 4. IMPLEMENTATION.

15 The exchanges authorized by sections 2 and 3 of this

16 Act shall be conducted without cost to the Navajo Nation

17 and the Goshute Indian Tribe.

18 SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYS19 TEM.

20 (a) AUTHORIZATION.—The Secretary of Agriculture

21 is authorized to accept on behalf of the United States the

22 school and institutional trust lands owned by the State

23 of Utah within units of the National Forest System, com24 prising approximately seventy-six thousand acres as de-
4

HR 677 IH

1 picted on a map entitled ‘‘Utah Forest Land Exchange’’,

2 dated May 18, 1992.

3 (b) STATUS.—Any lands acquired by the United

4 States pursuant to this section shall become a part of the

5 national forest within which such lands are located and

6 shall be subject to all the laws and regulations applicable

7 to the National Forest System.

8 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK

9 SYSTEM.

10 (a) AUTHORIZATION.—The Secretary of the Interior

11 is hereby authorized to accept on behalf of the United

12 States all school and institutional trust lands owned by

13 the State of Utah located within all units of the National

14 Park System, comprising approximately eighty thousand

15 acres, located within the State of Utah on the date of

16 enactment of this Act.

17 (b) STATUS.—(1) Notwithstanding any other provi18 sion of law, all lands of the State of Utah within units

19 of the National Park System that are conveyed to the

20 United States pursuant to this section shall become a part

21 of the appropriate unit of the National Park System, and

22 be subject to all laws and regulations applicable to that

23 unit of the National Park System.

24 (2) The Secretary of the Interior shall, as a part of

25 the exchange process of this Act, compensate the State
5

HR 677 IH

1 of Utah for the fair market value of five hundred eighty

2 and sixty-four one-hundredths acres within Capitol Reef

3 National Park that were conveyed by the State of Utah

4 to the United States on July 2, 1971, for which the State

5 has never been compensated. The fair market value of

6 these lands shall be established pursuant to section 8 of

7 this Act.

8 SEC. 7. OFFER TO STATE.

9 (a) SPECIFIC OFFERS.—Within thirty days after en10 actment of this Act, the Secretary of the Interior shall

11 transmit to the State of Utah a list of lands, or interests

12 in lands, within the State of Utah for transfer to the State

13 of Utah in exchange for the State lands and interests de14 scribed in sections 2, 3, 5, and 6 of this Act. Such list

15 shall include only the following Federal lands, or interests

16 in lands:

17 (1) Blue Mountain Telecommunications Site,

18 fee estate, approximately six hundred and forty

19 acres.

20 (2) Beaver Mountain Ski Resort Site, fee es21 tate, approximately three thousand acres, as gen22 erally depicted on the map entitled ‘‘Beaver Moun23 tain Ski Resort’’ dated September 16, 1992.

24 (3) The unleased coal located in the Winter

25 Quarters tract.
6

HR 677 IH

1 (4) The unleased coal located in the Crandall

2 Canyon tract.

3 (5) All royalties receivable by the United States

4 with respect to coal leases in the Quitchupah (Con5 vulsion Canyon) tract.

6 (6) The unleased coal located in the Cotton7 wood Canyon tract.

8 (7) The unleased coal located in the Soldier

9 Creek tract.

10 (b) ADDITIONAL OFFERS.—(1) In addition to the

11 lands and interests specified in subsection (a), the Sec12 retary shall offer to the State of Utah a portion of the

13 royalties receivable by the United States with respect to

14 Federal geothermal, oil, gas, or other mineral interests in

15 Utah which on December 31, 1992, were under lease and

16 covered by an approved permit to drill or plan of develop17 ment and plan of reclamation, were in production, and

18 were not under administrative or judicial appeal.

19 (2) No offer under this subsection shall be for royal20 ties aggregating more than 50 per centum of the total ap21 praised value of the State lands described in sections 2,

22 3, 5, and 6.

23 (3) The Secretary shall make no offer under this sub24 section which would enable the State of Utah to receive
7

HR 677 IH

1 royalties under this section exceeding $12,500,000 annu2 ally.

3 (4) If the total value of lands and interests therein

4 and royalties offered to the State pursuant to subsections

5 (a) and (b) is less than the total value of the State lands

6 described in sections 2, 3, 5, and 6, the Secretary shall

7 provide the State a list of all public lands in Utah that

8 as of December 31, 1992, the Secretary in Resource Man9 agement Plans prepared, pursuant to the Federal Land

10 Policy and Management Act of 1976, had identified as

11 suitable for disposal by exchange or otherwise, and shall

12 offer to transfer to the State any or all of such lands,

13 as selected by the State, in partial exchange for such State

14 lands, to the extent consistent with other applicable laws

15 and regulations.

16 SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

17 (a) EQUAL VALUE.—All exchanges authorized under

18 this Act shall be for equal value. No later than ninety days

19 after enactment of this Act, the Secretary of the Interior,

20 the Secretary of Agriculture, and the Governor of the

21 State of Utah shall provide for an appraisal of the lands

22 or interests therein involved in the exchanges authorized

23 by this Act. A detailed appraisal report shall utilize nation24 ally recognized appraisal standards including, to the ex-
8

HR 677 IH

1 tent appropriate, the Uniform Appraisal Standards for

2 Federal Land Acquisition.

3 (b) DEADLINE AND DISPUTE RESOLUTION.—(1) If

4 after two years from the date of enactment of this Act,

5 the parties have not agreed upon the final terms of some

6 or all of the exchanges authorized by this Act, including

7 the value of the lands involved in some or all of such ex8 changes, notwithstanding any other provisions of law, the

9 United States District Court for the District of Utah,

10 Central Division, shall have jurisdiction to hear, deter11 mine, and render judgment on the value of any and all

12 lands, or interests therein, involved in the exchange.

13 (2) Any action provided for in this subsection can be

14 filed with the court no sooner than two years and no later

15 than five years after the date of enactment of this Act.

16 Any decision of a district court under this Act may be

17 appealed in accordance with the applicable laws and rules.

18 (c) ADJUSTMENT.—If the State shares revenue from

19 the selected Federal properties the value of such prop20 erties shall be the value otherwise established under this

21 section, less the percentage which represents the Federal

22 revenue sharing obligation, but such adjustment shall not

23 be considered as reflecting a property right of the State

24 of Utah.
9

HR 677 IH

1 (d) INTEREST.—Any royalty offer by the Secretary

2 pursuant to subsection 7(b) shall be adjusted to reflect

3 net present value as of the effective date of the exchange.

4 The State shall be entitled to receive a reasonable rate

5 of interest at a rate equivalent to a five-year treasury note

6 on the balance of the value owed by the United States

7 from the effective date of the exchange until full value is

8 received by the State and mineral rights revert to the

9 United States as prescribed by subsection 9(a)(3).

10 SEC. 9. TRANSFER OF TITLE.

11 (a) TERMS.—(1) The State of Utah shall be entitled

12 to receive so much of those lands or interests in lands and

13 additional royalties described in section 7 that are offered

14 by the Secretary of the Interior and accepted by the State

15 as are equal in value to the State lands and interests de16 scribed in sections 2, 3, 5, and 6.

17 (2) For those properties where fee simple title is to

18 be conveyed to the State of Utah, the Secretary of the

19 Interior shall convey, subject to valid existing rights, all

20 right, title, and interest, subject to the provisions of sub21 section (b). For those properties where less than fee simple

22 is to be conveyed to the State of Utah, the Secretary shall

23 reserve to the United States all remaining right, title, and

24 interest of the United States.
10

HR 677 IH

1 (3) All right, title, and interest in any mineral rights

2 described in section 7 that are conveyed to the State of

3 Utah pursuant to this Act shall revert to the United States

4 upon removal of minerals equal in value to the value at5 tributed to such rights in connection with an exchange

6 under this Act.

7 (4) If the State of Utah accepts the offers provided

8 for in this Act, the State shall convey to the United States,

9 subject to valid existing rights, all right, title, and interest

10 of the State to all school and institutional trust lands de11 scribed in sections 2, 3, 5, and 6 of this Act. Except as

12 provided in section 7(b), conveyance of all lands or inter13 ests in lands shall take place within sixty days following

14 agreement by the Secretary of the Interior and the Gov15 ernor of the State of Utah, or entry of an appropriate

16 order of judgment by the district court.

17 (b) INSPECTIONS.—Both parties shall inspect all per18 tinent records and shall conduct a physical inspection of

19 the lands to be exchanged pursuant to this Act for the

20 presence of any hazardous materials as presently defined

21 by applicable law. The results of those inspections shall

22 be made available to the parties. Responsibility for costs

23 of remedial action related to materials identified by such

24 inspections shall be borne by those entities responsible

25 under existing law.
11

HR 677 IH

1 (c) CONDITIONS.—(1) With respect to the lands and

2 interests described in section 7, enactment of this Act

3 shall be construed as satisfying the provisions of section

4 206(a) of the Federal Land Policy and Management Act

5 of 1976 requiring that exchanges of lands be in the public

6 interest.

7 (2) Development of any mineral interest transferred

8 to the State of Utah pursuant to this Act shall be subject

9 to all laws, rules, and regulations applicable to develop10 ment of non-Federal mineral interests, including, where

11 appropriate, laws, rules, and regulations applicable to such

12 development within national forests.

13 SEC. 10. LEGAL DESCRIPTIONS.

14 (a) IN GENERAL.—As soon as practicable after en15 actment, a map and legal description of the lands added

16 to the Navajo and Goshute Indian Reservations and all

17 lands exchanged under this Act shall be filed by the appro18 priate Secretary with the Committee on Natural Resources

19 of the House of Representatives and the Committee on

20 Energy and Natural Resources of the Senate, and each

21 such map and description shall have the same force and

22 effect as if included in this Act, except that the appro23 priate Secretary may correct clerical and typographical er24 rors in each such legal description and map. Each such

25 map and legal description shall be on file and available
12

HR 677 IH

1 for public inspection in the offices of the Secretary of Agri2 culture and the Secretary of the Interior and the Utah

3 offices of the appropriate agencies of the Department of

4 the Interior and Department of Agriculture.

5 (b) PILOT.—Section 6902(b) of title 31, United

6 States Code, is amended by striking ‘‘acquisition.’’ and in7 serting in lieu thereof ‘‘acquisition, nor does this sub8 section apply to payments for lands in Utah acquired by

9 the United States if at the time of such acquisition units,

10 under applicable State law, were entitled to receive pay11 ments from the State for such lands, but in such case no

12 payment under this chapter with respect to such acquired

13 lands shall exceed the payment that would have been made

14 under State law if such lands had not been acquired.’’.

15 (c) INTENT.—The lands and interests described in

16 section 7 are an offer related only to the State lands and

17 interests described in this Act, and nothing in this Act

18 shall be construed as precluding conveyance of other lands

19 or interests to the State of Utah pursuant to other ex20 changes under applicable existing law or subsequent Act

21 of Congress. It is the intent of Congress that the State

22 should establish a funding mechanism, or some other

23 mechanism, to assure that counties within the State are

24 treated equitably as a result of this exchange.
13

HR 677 IH

1 (d) COSTS.—The United States and the State of

2 Utah shall each bear its own respective costs incurred in

3 the implementation of this Act.

4 (e) DEFINITION.—As used in this Act, the term

5 ‘‘school and institutional trust lands’’ means those prop6 erties granted by the United States in the Utah Enabling

7 Act to the State of Utah in trust and other lands which

8 under State law must be managed for the benefit of the

9 public school system or the institutions of the State which

10 are designated by the Utah Enabling Act.

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

12 There are authorized to be appropriated such sums

13 as are necessary to carry out this Act.