IIB 

111TH CONGRESS 

1ST SESSION H. R. 1275 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2009 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

AN ACT 

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

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Land Exchange Act of 2009’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

7 means the land located in Grand, San Juan, and 

8 Uintah Counties, Utah, that is identified on the 

9 maps as— 

10 (A) ‘‘BLM Subsurface only Proposed for 

11 Transfer to State Trust Lands’’; 

12 (B) ‘‘BLM Surface only Proposed for 

13 Transfer to State Trust Lands’’; and 

14 (C) ‘‘BLM Lands Proposed for Transfer to 

15 State Trust Lands’’. 

16 (2) GRAND COUNTY MAP.—The term ‘‘Grand 

17 County Map’’ means the map prepared by the Bu18 reau of Land Management entitled ‘‘Utah Rec19 reational Land Exchange Act Grand County’’, dated 

20 May 14, 2009, and relating to the exchange of Fed21 eral land and non-Federal land in Grand and San 

22 Juan Counties, Utah. 

23 (3) MAPS.—The term ‘‘maps’’ means the Grand 

24 County Map and the Uintah County Map. 

25 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed26 eral land’’ means the land in Grand, San Juan, and 


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1 Uintah Counties, Utah, that is identified on the 

2 maps as— 

3 (A) ‘‘State Trust Land Proposed for 

4 Transfer to BLM’’; and 

5 (B) ‘‘State Trust Minerals Proposed for 

6 Transfer to BLM’’. 

7 (5) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of the Interior. 

9 (6) STATE.—The term ‘‘State’’ means the State 

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

11 Institutional Trust Lands Management Act (Utah 

12 Code Ann. 53C–1–101 et seq.). 

13 (7) UINTAH COUNTY MAP.—The term ‘‘Uintah 

14 County Map’’ means the map prepared by the Bu15 reau of Land Management entitled ‘‘Utah Rec16 reational Land Exchange Act Uintah County’’, 

17 dated May 14, 2009, and relating to the exchange 

18 of Federal land and non-Federal land in Uintah 

19 County, Utah. 

20 SEC. 3. EXCHANGE OF LAND. 

21 (a) IN GENERAL.—If the State offers to convey to 

22 the United States title to the non-Federal land, the Sec23 retary shall— 

24 (1) accept the offer; and 


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1 (2) on receipt of all right, title, and interest of 

2 the State in and to the non-Federal land, convey to 

3 the State all right, title, and interest of the United 

4 States in and to the Federal land. 

5 (b) CONDITIONS.—The exchange authorized under 

6 subsection (a) shall be subject to— 

7 (1) valid existing rights; 

8 (2) except as otherwise provided by this sec9 tion— 

10 (A) section 206 of the Federal Land Policy 

11 and Management Act of 1976 (43 U.S.C. 

12 1716); and 

13 (B) any other applicable laws; 

14 (3) all costs of land exchanges under this Act, 

15 including but not limited to appraisals, surveys, and 

16 related costs, shall be paid equally by the Secretary 

17 and the State; and 

18 (4) any additional terms and conditions that 

19 the Secretary and the State mutually determine to 

20 be appropriate. 

21 (c) TITLE APPROVAL.—Title to the Federal land and 

22 non-Federal land to be exchanged under this section shall 

23 be in a format acceptable to the Secretary and the State. 

24 (d) APPRAISALS.— 


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

2 land and the non-Federal land shall be determined 

3 by appraisals conducted by 1 or more independent 

4 appraisers selected jointly by the Secretary and the 

5 State. 

6 (2) APPLICABLE LAW.—The appraisals con7 ducted under paragraph (1) shall be conducted in 

8 accordance with section 206 of the Federal Land 

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

10 1716). 

11 (3) APPROVAL.—The appraisals conducted 

12 under paragraph (1) shall be submitted to the Sec13 retary and the State for approval. 

14 (4) ADJUSTMENT.— 

15 (A) IN GENERAL.—If value is attributed to 

16 any parcel of Federal land because of the pres17 ence of minerals subject to leasing under the 

18 Mineral Leasing Act (30 U.S.C. 181 et seq.), 

19 the value of the parcel (as otherwise established 

20 under this subsection) shall be reduced by the 

21 estimated value of the payments that would 

22 have been made to the State of Utah from bo23 nuses, rentals, and royalties that the United 

24 States would have received if such minerals 


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1 were leased pursuant to the Mineral Leasing 

2 Act (30 U.S.C. 181 et seq.). 

3 (B) LIMITATION.—An adjustment under 

4 subparagraph (A) shall not be considered as a 

5 property right of the State. 

6 (5) AVAILABILITY OF APPRAISALS.— 

7 (A) IN GENERAL.—All final appraisals, ap8 praisal reviews, and determinations of value for 

9 land to be exchanged under this section shall be 

10 available for public review at the Utah State 

11 Office of the Bureau of Land Management at 

12 least 30 days before the conveyance of the ap13 plicable parcels. 

14 (B) PUBLICATION.—The Secretary or the 

15 State, as applicable, shall publish in a news16 paper of general circulation in Salt Lake Coun17 ty, Utah, a notice that the appraisals are avail18 able for public inspection. 

19 (e) CONVEYANCE OF PARCELS IN PHASES.— 

20 (1) IN GENERAL.—Notwithstanding that ap21 praisals for all of the parcels of Federal land and 

22 non-Federal land may not have been approved under 

23 subsection (d)(3), parcels of the Federal land and 

24 non-Federal land may be exchanged under sub25 section (a) in 3 phases beginning on the date on 


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1 which the appraised values of the parcels included in 

2 the applicable phase are approved under this sub3 section. 

4 (2) PHASES.—The 3 phases referred to in para5 graph (1) are— 

6 (A) phase 1, consisting of the non-Federal 

7 land identified as ‘‘phase one’’ land on the 

8 Grand County Map; 

9 (B) phase 2, consisting of the non-Federal 

10 land identified as ‘‘phase two’’ land on the 

11 Grand County Map and the Uintah County 

12 Map; and 

13 (C) phase 3, consisting of any remaining 

14 non-Federal land that is not identified as 

15 ‘‘phase one’’ land or ‘‘phase two’’ land on the 

16 Grand County Map or the Uintah County Map. 

17 (3) NO AGREEMENT ON EXCHANGE.—If agree18 ment has not been reached with respect to the ex19 change of an individual parcel of Federal land or 

20 non-Federal land, the Secretary and the State may 

21 agree to set aside the individual parcel to allow the 

22 exchange of the other parcels of Federal land and 

23 non-Federal land to proceed. 

24 (4) TIMING.—It is the intent of Congress that 

25 at least the first phase of the exchange of land auVerDate Nov 24 2008 00:17 Jul 10, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1275.RFS H1275

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1 thorized by subsection (a) be completed not later 

2 than 360 days after the date on which the State 

3 makes the Secretary an offer to convey the non-Fed4 eral land under that subsection. 

5 (f) RESERVATION OF INTEREST IN OIL SHALE.— 

6 (1) IN GENERAL.—With respect to Federal land 

7 that contains oil shale resources, the Secretary shall 

8 reserve an interest in the portion of the mineral es9 tate that contains the oil shale resources. 

10 (2) EXTENT OF INTEREST.—The interest re11 served by the United States under paragraph (1) 

12 shall consist of— 

13 (A) 50 percent of any bonus bid or other 

14 payment received by the State as consideration 

15 for securing any lease or authorization to de16 velop oil shale resources; 

17 (B) the amount that would have been re18 ceived by the Federal Government under the 

19 applicable royalty rate if the oil shale resources 

20 had been retained in Federal ownership; and 

21 (C) 50 percent of any other payment re22 ceived by the State pursuant to any lease or au23 thorization to develop the oil shale resources. 


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1 (3) PAYMENT.—Any amounts due under para2 graph (2) shall be paid by the State to the United 

3 States not less than quarterly. 

4 (4) NO OBLIGATION TO LEASE.—The State 

5 shall not be obligated to lease or otherwise develop 

6 oil shale resources in which the United States re7 tains an interest under this subsection. 

8 (5) VALUATION.—Federal land in which the 

9 Secretary reserves an interest under this subsection 

10 shall be appraised— 

11 (A) without regard to the presence of oil 

12 shale; and 

13 (B) in accordance with subsection (d). 

14 (g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX15 CHANGE.—Subject to valid existing rights, during the pe16 riod beginning on the date of enactment of this Act and 

17 ending on the earlier of the date that the Federal land 

18 is removed from the exchange or the date on which the 

19 Federal land is conveyed under this Act, the Federal land 

20 is withdrawn from— 

21 (1) disposition (other than disposition under 

22 section 4) under the public land laws; 

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

24 laws; and 

25 (3) the operation of— 


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1 (A) the mineral leasing laws; 

2 (B) the Geothermal Steam Act of 1970 

3 (30 U.S.C. 1001 et seq.); and 

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

5 1947 (commonly known as the ‘‘Materials Act 

6 of 1947’’) (30 U.S.C. 601). 

7 (h) APPURTENANT WATER RIGHTS.—Any convey8 ance of a parcel of Federal land or non-Federal land under 

9 this Act shall include the conveyance of water rights ap10 purtenant to the parcel conveyed. 

11 (i) EQUAL VALUE EXCHANGE.— 

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

13 land and non-Federal land to be exchanged under 

14 this Act— 

15 (A) shall be equal; or 

16 (B) shall be made equal in accordance with 

17 paragraph (2). 

18 (2) EQUALIZATION.— 

19 (A) SURPLUS OF FEDERAL LAND.—If the 

20 value of the Federal land exceeds the value of 

21 the non-Federal land, the value of the Federal 

22 land and non-Federal land shall be equalized, 

23 as determined to be appropriate and acceptable 

24 by the Secretary and the State, by one or more 

25 of the following: 


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1 (i) By reducing the acreage of the 

2 Federal land to be conveyed. 

3 (ii) By adding additional State land to 

4 the non-Federal land to be conveyed. 

5 (iii) Consistent with section 206(b) of 

6 the Federal Land Policy and Management 

7 Act (43 U.S.C. 1716), by cash equalization 

8 of not more than 5 percent of the total 

9 value of the lands or interests in lands to 

10 be transferred out of Federal ownership. 

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

12 the value of the non-Federal land exceeds the 

13 value of the Federal land, the value of the Fed14 eral land and non-Federal land shall be equal15 ized, as determined to be appropriate and ac16 ceptable by the Secretary and the State, by one 

17 or both of the following: 

18 (i) By reducing the acreage of the 

19 non-Federal land to be conveyed. 

20 (ii) Consistent with section 206(b) of 

21 the Federal Land Policy and Management 

22 Act (43 U.S.C. 1716), by cash equalization 

23 of not more than 5 percent of the total 

24 value of the lands or interests in lands to 

25 be transferred out of Federal ownership. 


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1 (3) NOTICE AND PUBLIC INSPECTION.— 

2 (A) IN GENERAL.—If the Secretary and 

3 the State determine to add or remove land from 

4 the exchange, the Secretary or the State shall— 

5 (i) publish in a newspaper of general 

6 circulation in Salt Lake County, Utah, a 

7 notice that identifies when and where a re8 vised exchange map will be available for 

9 public inspection; and 

10 (ii) transmit to the Committee on 

11 Natural Resources of the House of Rep12 resentatives and the Committee on Energy 

13 and Natural Resources of the Senate a 

14 copy of the revised exchange map. 

15 (B) LIMITATION.—The Secretary and the 

16 State shall not add or remove land from the ex17 change until at least 30 days after the date on 

18 which the notice is published under subpara19 graph (A)(i) and the map is transmitted under 

20 subparagraph (A)(ii). 

21 SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EX22 CHANGE. 

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

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

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


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1 Land Policy and Management Act of 1976 (43 

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

3 the United States under this Act shall become part 

4 of, and be managed as part of, the Federal adminis5 trative unit or area in which the land is located. 

6 (2) WITHDRAWAL PARCELS.—Any non-Federal 

7 land acquired by the United States under this Act 

8 identified on the maps as ‘‘Withdrawal Parcels’’ is 

9 withdrawn from the operation of the mineral leasing 

10 and mineral material disposal laws. 

11 (3) RECEIPTS.— 

12 (A) IN GENERAL.—Any mineral receipts 

13 derived from the non-Federal land acquired 

14 under this Act shall be paid into the general 

15 fund of the Treasury. 

16 (B) APPLICABLE LAW.—Mineral receipts 

17 from the non-Federal land acquired under this 

18 Act shall not be subject to section 35 of the 

19 Mineral Leasing Act (30 U.S.C. 191). 

20 (b) GRAZING PERMITS.— 

21 (1) IN GENERAL.—If land conveyed under this 

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

23 grazing of domestic livestock in effect on the date of 

24 acquisition, the Secretary and the State shall allow 

25 the grazing to continue for the remainder of the 


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

2 related terms and conditions of user agreements, in3 cluding permitted stocking rates, grazing fee levels, 

4 access rights, and ownership and use of range im5 provements. 

6 (2) RENEWAL.—To the extent allowed by Fed7 eral or State law, on expiration of any grazing lease, 

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

9 holder of the lease, permit, or contract shall be enti10 tled to a preference right to renew the lease, permit, 

11 or contract. 

12 (3) CANCELLATION.— 

13 (A) IN GENERAL.—Nothing in this Act 

14 prevents the Secretary or the State from can15 celing or modifying a grazing permit, lease, or 

16 contract if the land subject to the permit, lease, 

17 or contract is sold, conveyed, transferred, or 

18 leased for nongrazing purposes by the Secretary 

19 or the State. 

20 (B) LIMITATION.—Except to the extent 

21 reasonably necessary to accommodate surface 

22 operations in support of mineral development, 

23 the Secretary or the State shall not cancel or 

24 modify a grazing permit, lease, or contract be25 cause the land subject to the permit, lease, or 


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1 contract has been leased for mineral develop2 ment. 

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

4 the State under this Act is used by a grazing per5 mittee or lessee to meet the base property require6 ments for a Federal grazing permit or lease, the 

7 land shall continue to qualify as a base property for 

8 the remaining term of the lease or permit and the 

9 term of any renewal or extension of the lease or per10 mit. 

11 (c) HAZARDOUS MATERIALS.— 

12 (1) IN GENERAL.—The Secretary and, as a con13 dition of the exchange, the State shall make avail14 able for review and inspection any record relating to 

15 hazardous materials on the land to be exchanged 

16 under this Act. 

17 (2) COSTS.—The costs of remedial actions re18 lating to hazardous materials on land acquired 

19 under this Act shall be paid by those entities respon20 sible for the costs under applicable law. 

21 (d) EASEMENT.—The conveyance of Federal land in 

22 sec. 33, T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 

23 E., of the Salt Lake Meridian, shall be subject to a 1,000 

24 foot wide scenic easement and a 200 foot wide road right25 of-way previously granted to the National Park Service for 


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1 the Dinosaur National Monument, as described in Land 

2 Withdrawal No. U–0141143, pursuant to the Act of Sep3 tember 8, 1960 (74 Stat. 857,861). 

4 SEC. 5. TERMINATION OF AUTHORITY. 

5 The provisions of this Act shall terminate 5 years 

6 after the date of enactment. 

7 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

8 There are authorized to be appropriated such sums 

9 as are necessary to carry out this Act. 

Passed the House of Representatives July 8, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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