H. R. 1275 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To direct the exchange of certain land in Grand, San Juan, and Uintah Counties, 

Utah, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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. 

(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 
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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 non-Federal 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 
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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; 

(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 nonFederal 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. 
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(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 nonFederal 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 non-Federal 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 nonFederal 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 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. 
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(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 nonFederal 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.— 
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(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.— 

(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. 
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as are 

necessary to carry out this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.