I 

111TH CONGRESS 

1ST SESSION H. R. 1275 

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

Counties, Utah, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2009 

Mr. MATHESON (for himself and Mr. CHAFFETZ) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Land Exchange Act of 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

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


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1 Uintah Counties, Utah, that is identified on the 

2 maps as— 

3 (A) ‘‘BLM Subsurface only Proposed for 

4 Transfer to State Trust Lands’’; 

5 (B) ‘‘BLM Surface only Proposed for 

6 Transfer to State Trust Lands’’; and 

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

8 State Trust Lands’’. 

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

10 County Map’’ means the map prepared by the Bu11 reau of Land Management entitled ‘‘Utah Rec12 reational Land Exchange Act Grand County’’, dated 

13 November 13, 2008, and relating to the exchange of 

14 Federal land and non-Federal land in Grand and 

15 San Juan Counties, Utah. 

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

17 County Map and the Uintah County Map. 

18 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means the land in Grand, San Juan, and 

20 Uintah Counties, Utah, that is identified on the 

21 maps as— 

22 (A) ‘‘State Trust Land Proposed for 

23 Transfer to BLM’’; and 

24 (B) ‘‘State Trust Minerals Proposed for 

25 Transfer to BLM’’. 


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

2 the Secretary of the Interior. 

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

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

5 Institutional Trust Lands Management Act (Utah 

6 Code Ann. 53C–1–101 et seq.). 

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

8 County Map’’ means the map prepared by the Bu9 reau of Land Management entitled ‘‘Utah Rec10 reational Land Exchange Act Uintah County’’, 

11 dated November 13, 2008, and relating to the ex12 change of Federal land and non-Federal land in 

13 Uintah County, Utah. 

14 SEC. 3. EXCHANGE OF LAND. 

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

16 the United States title to the non-Federal land, the Sec17 retary shall— 

18 (1) accept the offer; and 

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

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

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

22 States in and to the Federal land. 

23 (b) CONDITIONS.—The exchange authorized under 

24 subsection (a) shall be subject to— 

25 (1) valid existing rights; 


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1 (2) except as otherwise provided by this sec2 tion— 

3 (A) section 206 of the Federal Land Policy 

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

5 1716); and 

6 (B) any other applicable laws; and 

7 (3) any additional terms and conditions that 

8 the Secretary and the State mutually determine to 

9 be appropriate. 

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

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

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

13 (d) APPRAISALS.— 

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

15 land and the non-Federal land shall be determined 

16 by appraisals conducted by 1 or more independent 

17 appraisers selected jointly by the Secretary and the 

18 State. 

19 (2) APPLICABLE LAW.—The appraisals con20 ducted under paragraph (1) shall be conducted in 

21 accordance with section 206 of the Federal Land 

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

23 1716). 


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1 (3) APPROVAL.—The appraisals conducted 

2 under paragraph (1) shall be submitted to the Sec3 retary and the State for approval. 

4 (4) ADJUSTMENT.— 

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

6 any parcel of Federal land because of the pres7 ence of minerals subject to leasing under the 

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

9 the value of the parcel (as otherwise established 

10 under this subsection) shall be reduced by the 

11 percentage of the Federal revenue sharing with 

12 a State under section 35(a) of the Mineral 

13 Leasing Act (30 U.S.C. 191(a)). 

14 (B) LIMITATION.—An adjustment under 

15 subparagraph (A) shall not be considered as a 

16 property right of the State. 

17 (5) AVAILABILITY OF APPRAISALS.— 

18 (A) IN GENERAL.—All final appraisals, ap19 praisal reviews, and determinations of value for 

20 land to be exchanged under this section shall be 

21 available for public review at the Utah State 

22 Office of the Bureau of Land Management at 

23 least 30 days before the conveyance of the ap24 plicable parcels. 


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1 (B) PUBLICATION.—The Secretary or the 

2 State, as applicable, shall publish in a news3 paper of general circulation in Salt Lake Coun4 ty, Utah, a notice that the appraisals are avail5 able for public inspection. 

6 (e) CONVEYANCE OF PARCELS IN PHASES.— 

7 (1) IN GENERAL.—Notwithstanding that ap8 praisals for all of the parcels of Federal land and 

9 non-Federal land may not have been approved under 

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

11 non-Federal land may be exchanged under sub12 section (a) in 3 phases beginning on the date on 

13 which the appraised values of the parcels included in 

14 the applicable phase are approved under this sub15 section. 

16 (2) PHASES.—The 3 phases referred to in para17 graph (1) are— 

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

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

20 Grand County Map; 

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

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

23 Grand County Map and the Uintah County 

24 Map; and 


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1 (C) phase 3, consisting of any remaining 

2 non-Federal land that is not identified as 

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

4 Grand County Map or the Uintah County Map. 

5 (3) NO AGREEMENT ON EXCHANGE.—If agree6 ment has not been reached with respect to the ex7 change of an individual parcel of Federal land or 

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

9 agree to set aside the individual parcel to allow the 

10 exchange of the other parcels of Federal land and 

11 non-Federal land to proceed. 

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

13 at least the first phase of the exchange of land au14 thorized by subsection (a) be completed not later 

15 than 360 days after the date on which the State 

16 makes the Secretary an offer to convey the non-Fed17 eral land under that subsection. 

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

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

20 that contains oil shale resources, the Secretary shall 

21 reserve an interest in the portion of the mineral es22 tate that contains the oil shale resources. 

23 (2) EXTENT OF INTEREST.—The interest re24 served by the United States under paragraph (1) 

25 shall consist of— 


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

2 payment received by the State as consideration 

3 for securing any lease or authorization to de4 velop oil shale resources; 

5 (B) the amount that would have been re6 ceived by the Federal Government under the 

7 applicable royalty rate if the oil shale resources 

8 had been retained in Federal ownership; and 

9 (C) 50 percent of any other payment re10 ceived by the State pursuant to any lease or au11 thorization to develop the oil shale resources. 

12 (3) PAYMENT.—Any amounts due under para13 graph (2) shall be paid by the State to the United 

14 States not less than quarterly. 

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

16 shall not be obligated to lease or otherwise develop 

17 oil shale resources in which the United States re18 tains an interest under this subsection. 

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

20 Secretary reserves an interest under this subsection 

21 shall be appraised— 

22 (A) without regard to the presence of oil 

23 shale; and 

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


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1 (g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX2 CHANGE.—Subject to valid existing rights, during the pe3 riod beginning on the date of enactment of this Act and 

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

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

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

7 is withdrawn from— 

8 (1) disposition (other than disposition under 

9 section 4) under the public land laws; 

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

11 laws; and 

12 (3) the operation of— 

13 (A) the mineral leasing laws; 

14 (B) the Geothermal Steam Act of 1970 

15 (30 U.S.C. 1001 et seq.); and 

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

17 1947 (commonly known as the ‘‘Materials Act 

18 of 1947’’) (30 U.S.C. 601). 

19 (h) APPURTENANT WATER RIGHTS.—Any convey20 ance of a parcel of Federal land or non-Federal land under 

21 this Act shall include the conveyance of water rights ap22 purtenant to the parcel conveyed. 

23 (i) EQUAL VALUE EXCHANGE.— 


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

2 land and non-Federal land to be exchanged under 

3 this Act— 

4 (A) shall be equal; or 

5 (B) shall be made equal in accordance with 

6 paragraph (2). 

7 (2) EQUALIZATION.— 

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

9 value of the Federal land exceeds the value of 

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

11 land and non-Federal land shall be equalized, 

12 as determined to be appropriate and acceptable 

13 by the Secretary and the State— 

14 (i) by reducing the acreage of the 

15 Federal land to be conveyed; or 

16 (ii) by adding additional State land to 

17 the non-Federal land to be conveyed. 

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

19 the value of the non-Federal land exceeds the 

20 value of the Federal land, the value of the Fed21 eral land and non-Federal land shall be equal22 ized by reducing the acreage of the non-Federal 

23 land to be conveyed, as determined to be appro24 priate and acceptable by the Secretary and the 

25 State. 


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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) MINERAL LEASING AND OCCUPANCY.— 

7 (A) IN GENERAL.—Subject to valid exist8 ing rights, the non-Federal land acquired by the 

9 United States under this Act shall be with10 drawn from the operation of the mineral leasing 

11 laws until the later of— 

12 (i) the date that is 2 years after the 

13 date of enactment of this Act; or 

14 (ii) the date on which the Record of 

15 Decision authorizing the implementation of 

16 the applicable resource management plans 

17 under section 202 of the Federal Land 

18 Policy and Management Act of 1976 (43 

19 U.S.C. 1712) is signed. 

20 (B) EXCEPTION.—Any land identified on 

21 the maps as ‘‘Withdrawal Parcels’’ is with22 drawn from the operation of the mineral leasing 

23 and mineral material disposal laws. 

24 (3) RECEIPTS.— 


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1 (A) IN GENERAL.—Any mineral receipts 

2 derived from the non-Federal land acquired 

3 under this Act shall be paid into the general 

4 fund of the Treasury. 

5 (B) APPLICABLE LAW.—Mineral receipts 

6 from the non-Federal land acquired under this 

7 Act shall not be subject to section 35 of the 

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

9 (b) GRAZING PERMITS.— 

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

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

12 grazing of domestic livestock in effect on the date of 

13 acquisition, the Secretary and the State shall allow 

14 the grazing to continue for the remainder of the 

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

16 related terms and conditions of user agreements, in17 cluding permitted stocking rates, grazing fee levels, 

18 access rights, and ownership and use of range im19 provements. 

20 (2) RENEWAL.—To the extent allowed by Fed21 eral or State law, on expiration of any grazing lease, 

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

23 holder of the lease, permit, or contract shall be enti24 tled to a preference right to renew the lease, permit, 

25 or contract. 


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1 (3) CANCELLATION.— 

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

3 prevents the Secretary or the State from can4 celing or modifying a grazing permit, lease, or 

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

6 or contract is sold, conveyed, transferred, or 

7 leased for nongrazing purposes by the Secretary 

8 or the State. 

9 (B) LIMITATION.—Except to the extent 

10 reasonably necessary to accommodate surface 

11 operations in support of mineral development, 

12 the Secretary or the State shall not cancel or 

13 modify a grazing permit, lease, or contract be14 cause the land subject to the permit, lease, or 

15 contract has been leased for mineral develop16 ment. 

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

18 the State under this Act is used by a grazing per19 mittee or lessee to meet the base property require20 ments for a Federal grazing permit or lease, the 

21 land shall continue to qualify as a base property for 

22 the remaining term of the lease or permit and the 

23 term of any renewal or extension of the lease or per24 mit. 

25 (c) HAZARDOUS MATERIALS.— 


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1 (1) IN GENERAL.—The Secretary and, as a con2 dition of the exchange, the State shall make avail3 able for review and inspection any record relating to 

4 hazardous materials on the land to be exchanged 

5 under this Act. 

6 (2) COSTS.—The costs of remedial actions re7 lating to hazardous materials on land acquired 

8 under this Act shall be paid by those entities respon9 sible for the costs under applicable law. 

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

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

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

13 foot wide scenic easement and a 200 foot wide road right14 of-way previously granted to the National Park Service for 

15 the Dinosaur National Monument, as described in Land 

16 Withdrawal No. U–0141143, pursuant to the Act of Sep17 tember 8, 1960 (74 Stat. 857,861). 

18 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated such sums 

20 as are necessary to carry out this Act. 

Æ 


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