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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1275 Enrolled Bill (ENR)]

        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 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 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 non-Federal 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.
        (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 non-Federal 
    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 non-Federal 
            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.
                (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 non-Federal 
        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.--
            (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.
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.
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