IB 

Union Calendar No. 96 

111TH CONGRESS 

1ST SESSION H. R. 1275 

[Report No. 111–179] 

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 

JUNE 23, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 3, 2009] 

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 Land 

5 Exchange Act of 2009’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

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

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

5 Uintah Counties, Utah, that is identified on the maps 

6 as— 

7 (A) ‘‘BLM Subsurface only Proposed for 

8 Transfer to State Trust Lands’’; 

9 (B) ‘‘BLM Surface only Proposed for 

10 Transfer to State Trust Lands’’; and 

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

12 State Trust Lands’’. 

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

14 County Map’’ means the map prepared by the Bureau 

15 of Land Management entitled ‘‘Utah Recreational 

16 Land Exchange Act Grand County’’, dated May 14, 

17 2009, and relating to the exchange of Federal land 

18 and non-Federal land in Grand and San Juan Coun19 ties, Utah. 

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

21 County Map and the Uintah County Map. 

22 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed23 eral land’’ means the land in Grand, San Juan, and 

24 Uintah Counties, Utah, that is identified on the maps 

25 as— 


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1 (A) ‘‘State Trust Land Proposed for Trans2 fer to BLM’’; and 

3 (B) ‘‘State Trust Minerals Proposed for 

4 Transfer to BLM’’. 

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

6 the Secretary of the Interior. 

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

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

9 Institutional Trust Lands Management Act (Utah 

10 Code Ann. 53C–1–101 et seq.). 

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

12 County Map’’ means the map prepared by the Bureau 

13 of Land Management entitled ‘‘Utah Recreational 

14 Land Exchange Act Uintah County’’, dated May 14, 

15 2009, and relating to the exchange of Federal land 

16 and non-Federal land in Uintah County, Utah. 

17 SEC. 3. EXCHANGE OF LAND. 

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

19 United States title to the non-Federal land, the Secretary 

20 shall— 

21 (1) accept the offer; and 

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

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

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

25 States in and to the Federal land. 


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1 (b) CONDITIONS.—The exchange authorized under sub2 section (a) shall be subject to— 

3 (1) valid existing rights; 

4 (2) except as otherwise provided by this sec5 tion— 

6 (A) section 206 of the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 1716); 

8 and 

9 (B) any other applicable laws; 

10 (3) all costs of land exchanges under this Act, in11 cluding but not limited to appraisals, surveys, and 

12 related costs, shall be paid equally by the Secretary 

13 and the State; and 

14 (4) any additional terms and conditions that the 

15 Secretary and the State mutually determine to be ap16 propriate. 

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

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

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

20 (d) APPRAISALS.— 

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

22 and the non-Federal land shall be determined by ap23 praisals conducted by 1 or more independent apprais24 ers selected jointly by the Secretary and the State. 


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1 (2) APPLICABLE LAW.—The appraisals con2 ducted under paragraph (1) shall be conducted in ac3 cordance with section 206 of the Federal Land Policy 

4 and Management Act of 1976 (43 U.S.C. 1716). 

5 (3) APPROVAL.—The appraisals conducted under 

6 paragraph (1) shall be submitted to the Secretary and 

7 the State for approval. 

8 (4) ADJUSTMENT.— 

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

10 any parcel of Federal land because of the pres11 ence of minerals subject to leasing under the 

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

13 value of the parcel (as otherwise established 

14 under this subsection) shall be reduced by the es15 timated value of the payments that would have 

16 been made to the State of Utah from bonuses, 

17 rentals, and royalties that the United States 

18 would have received if such minerals were leased 

19 pursuant to the Mineral Leasing Act (30 U.S.C. 

20 181 et seq.). 

21 (B) LIMITATION.—An adjustment under 

22 subparagraph (A) shall not be considered as a 

23 property right of the State. 

24 (5) AVAILABILITY OF APPRAISALS.— 


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1 (A) IN GENERAL.—All final appraisals, ap2 praisal reviews, and determinations of value for 

3 land to be exchanged under this section shall be 

4 available for public review at the Utah State Of5 fice of the Bureau of Land Management at least 

6 30 days before the conveyance of the applicable 

7 parcels. 

8 (B) PUBLICATION.—The Secretary or the 

9 State, as applicable, shall publish in a news10 paper of general circulation in Salt Lake Coun11 ty, Utah, a notice that the appraisals are avail12 able for public inspection. 

13 (e) CONVEYANCE OF PARCELS IN PHASES.— 

14 (1) IN GENERAL.—Notwithstanding that ap15 praisals for all of the parcels of Federal land and 

16 non-Federal land may not have been approved under 

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

18 non-Federal land may be exchanged under subsection 

19 (a) in 3 phases beginning on the date on which the 

20 appraised values of the parcels included in the appli21 cable phase are approved under this subsection. 

22 (2) PHASES.—The 3 phases referred to in para23 graph (1) are— 


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

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

3 Grand County Map; 

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

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

6 Grand County Map and the Uintah County 

7 Map; and 

8 (C) phase 3, consisting of any remaining 

9 non-Federal land that is not identified as ‘‘phase 

10 one’’ land or ‘‘phase two’’ land on the Grand 

11 County Map or the Uintah County Map. 

12 (3) NO AGREEMENT ON EXCHANGE.—If agree13 ment has not been reached with respect to the ex14 change of an individual parcel of Federal land or 

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

16 agree to set aside the individual parcel to allow the 

17 exchange of the other parcels of Federal land and non18 Federal land to proceed. 

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

20 least the first phase of the exchange of land authorized 

21 by subsection (a) be completed not later than 360 

22 days after the date on which the State makes the Sec23 retary an offer to convey the non-Federal land under 

24 that subsection. 

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


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

2 that contains oil shale resources, the Secretary shall 

3 reserve an interest in the portion of the mineral estate 

4 that contains the oil shale resources. 

5 (2) EXTENT OF INTEREST.—The interest reserved 

6 by the United States under paragraph (1) shall con7 sist of— 

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

9 payment received by the State as consideration 

10 for securing any lease or authorization to de11 velop oil shale resources; 

12 (B) the amount that would have been re13 ceived by the Federal Government under the ap14 plicable royalty rate if the oil shale resources had 

15 been retained in Federal ownership; and 

16 (C) 50 percent of any other payment re17 ceived by the State pursuant to any lease or au18 thorization to develop the oil shale resources. 

19 (3) PAYMENT.—Any amounts due under para20 graph (2) shall be paid by the State to the United 

21 States not less than quarterly. 

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

23 not be obligated to lease or otherwise develop oil shale 

24 resources in which the United States retains an inter25 est under this subsection. 


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1 (5) VALUATION.—Federal land in which the Sec2 retary reserves an interest under this subsection shall 

3 be appraised— 

4 (A) without regard to the presence of oil 

5 shale; and 

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

7 (g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX8 CHANGE.—Subject to valid existing rights, during the pe9 riod beginning on the date of enactment of this Act and 

10 ending on the earlier of the date that the Federal land is 

11 removed from the exchange or the date on which the Federal 

12 land is conveyed under this Act, the Federal land is with13 drawn from— 

14 (1) disposition (other than disposition under sec15 tion 4) under the public land laws; 

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

17 laws; and 

18 (3) the operation of— 

19 (A) the mineral leasing laws; 

20 (B) the Geothermal Steam Act of 1970 (30 

21 U.S.C. 1001 et seq.); and 

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

23 1947 (commonly known as the ‘‘Materials Act of 

24 1947’’) (30 U.S.C. 601). 


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1 (h) APPURTENANT WATER RIGHTS.—Any conveyance 

2 of a parcel of Federal land or non-Federal land under this 

3 Act shall include the conveyance of water rights appur4 tenant to the parcel conveyed. 

5 (i) EQUAL VALUE EXCHANGE.— 

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

7 and non-Federal land to be exchanged under this 

8 Act— 

9 (A) shall be equal; or 

10 (B) shall be made equal in accordance with 

11 paragraph (2). 

12 (2) EQUALIZATION.— 

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

14 value of the Federal land exceeds the value of the 

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

16 and non-Federal land shall be equalized, as de17 termined to be appropriate and acceptable by the 

18 Secretary and the State, by one or more of the 

19 following: 

20 (i) By reducing the acreage of the Fed21 eral land to be conveyed. 

22 (ii) By adding additional State land 

23 to the non-Federal land to be conveyed. 

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

25 the Federal Land Policy and Management 


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

2 of not more than 5 percent of the total value 

3 of the lands or interests in lands to be 

4 transferred out of Federal ownership. 

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

6 the value of the non-Federal land exceeds the 

7 value of the Federal land, the value of the Fed8 eral land and non-Federal land shall be equal9 ized, as determined to be appropriate and ac10 ceptable by the Secretary and the State, by one 

11 or both of the following:. 

12 (i) By reducing the acreage of the non13 Federal land to be conveyed. 

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

15 the Federal Land Policy and Management 

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

17 of not more than 5 percent of the total value 

18 of the lands or interests in lands to be 

19 transferred out of Federal ownership. 

20 (3) NOTICE AND PUBLIC INSPECTION.— 

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

22 State determine to add or remove land from the 

23 exchange, the Secretary or the State shall— 

24 (i) publish in a newspaper of general 

25 circulation in Salt Lake County, Utah, a 


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1 notice that identifies when and where a re2 vised exchange map will be available for 

3 public inspection; and 

4 (ii) transmit to the Committee on Nat5 ural Resources of the House of Representa6 tives and the Committee on Energy and 

7 Natural Resources of the Senate a copy of 

8 the revised exchange map. 

9 (B) LIMITATION.—The Secretary and the 

10 State shall not add or remove land from the ex11 change until at least 30 days after the date on 

12 which the notice is published under subpara13 graph (A)(i) and the map is transmitted under 

14 subparagraph (A)(ii). 

15 SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EX16 CHANGE. 

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

18 (1) IN GENERAL.—Subject to paragraph (2) and 

19 in accordance with section 206(c) of the Federal Land 

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

21 1716(c)), the non-Federal land acquired by the United 

22 States under this Act shall become part of, and be 

23 managed as part of, the Federal administrative unit 

24 or area in which the land is located. 


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

2 land acquired by the United States under this Act 

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

4 withdrawn from the operation of the mineral leasing 

5 and mineral material disposal laws. 

6 (3) RECEIPTS.— 

7 (A) IN GENERAL.—Any mineral receipts de8 rived from the non-Federal land acquired under 

9 this Act shall be paid into the general fund of the 

10 Treasury. 

11 (B) APPLICABLE LAW.—Mineral receipts 

12 from the non-Federal land acquired under this 

13 Act shall not be subject to section 35 of the Min14 eral Leasing Act (30 U.S.C. 191). 

15 (b) GRAZING PERMITS.— 

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

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

18 grazing of domestic livestock in effect on the date of 

19 acquisition, the Secretary and the State shall allow 

20 the grazing to continue for the remainder of the term 

21 of the lease, permit, or contract, subject to the related 

22 terms and conditions of user agreements, including 

23 permitted stocking rates, grazing fee levels, access 

24 rights, and ownership and use of range improvements. 


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1 (2) RENEWAL.—To the extent allowed by Federal 

2 or State law, on expiration of any grazing lease, per3 mit, or contract described in paragraph (1), the hold4 er of the lease, permit, or contract shall be entitled to 

5 a preference right to renew the lease, permit, or con6 tract. 

7 (3) CANCELLATION.— 

8 (A) IN GENERAL.—Nothing in this Act pre9 vents the Secretary or the State from canceling 

10 or modifying a grazing permit, lease, or contract 

11 if the land subject to the permit, lease, or con12 tract is sold, conveyed, transferred, or leased for 

13 nongrazing purposes by the Secretary or the 

14 State. 

15 (B) LIMITATION.—Except to the extent rea16 sonably necessary to accommodate surface oper17 ations in support of mineral development, the 

18 Secretary or the State shall not cancel or modify 

19 a grazing permit, lease, or contract because the 

20 land subject to the permit, lease, or contract has 

21 been leased for mineral development. 

22 (4) BASE PROPERTIES.—If land conveyed by the 

23 State under this Act is used by a grazing permittee 

24 or lessee to meet the base property requirements for a 

25 Federal grazing permit or lease, the land shall conVerDate Nov 24 2008 01:31 Jun 24, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H1275.RH H1275

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1 tinue to qualify as a base property for the remaining 

2 term of the lease or permit and the term of any re3 newal or extension of the lease or permit. 

4 (c) HAZARDOUS MATERIALS.— 

5 (1) IN GENERAL.—The Secretary and, as a con6 dition of the exchange, the State shall make available 

7 for review and inspection any record relating to haz8 ardous materials on the land to be exchanged under 

9 this Act. 

10 (2) COSTS.—The costs of remedial actions relat11 ing to hazardous materials on land acquired under 

12 this Act shall be paid by those entities responsible for 

13 the costs under applicable law. 

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

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

16 of the Salt Lake Meridian, shall be subject to a 1,000 foot 

17 wide scenic easement and a 200 foot wide road right-of18 way previously granted to the National Park Service for 

19 the Dinosaur National Monument, as described in Land 

20 Withdrawal No. U–0141143, pursuant to the Act of Sep21 tember 8, 1960 (74 Stat. 857,861). 

22 SEC. 5. TERMINATION OF AUTHORITY. 

23 The provisions of this Act shall terminate 5 years after 

24 the date of enactment. 


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1 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums as 

3 are necessary to carry out this Act. 


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Union Calendar No. 96 

111TH CONGRESS 

1ST SESSION H. R. 1275 

[Report No. 111–179] 

A BILL 

To direct the exchange of certain land in Grand, 

other purposes. San Juan, and Uintah Counties, Utah, and for 

JUNE 23, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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