II 

Calendar No. 150 

111TH CONGRESS 

1ST SESSION H. R. 1275 

[Report No. 111–67] 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2009 

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

Resources 

AUGUST 4, 2009 

Reported by Mr. BINGAMAN, without amendment 

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, 

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: 


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

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

3 Uintah Counties, Utah, that is identified on the 

4 maps as— 

5 (A) ‘‘BLM Subsurface only Proposed for 

6 Transfer to State Trust Lands’’; 

7 (B) ‘‘BLM Surface only Proposed for 

8 Transfer to State Trust Lands’’; and 

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

10 State Trust Lands’’. 

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

12 County Map’’ means the map prepared by the Bu13 reau of Land Management entitled ‘‘Utah Rec14 reational Land Exchange Act Grand County’’, dated 

15 May 14, 2009, and relating to the exchange of Fed16 eral land and non-Federal land in Grand and San 

17 Juan Counties, Utah. 

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

19 County Map and the Uintah County Map. 

20 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed21 eral land’’ means the land in Grand, San Juan, and 

22 Uintah Counties, Utah, that is identified on the 

23 maps as— 

24 (A) ‘‘State Trust Land Proposed for 

25 Transfer to BLM’’; and 


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1 (B) ‘‘State Trust Minerals Proposed for 

2 Transfer to BLM’’. 

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

4 the Secretary of the Interior. 

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

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

7 Institutional Trust Lands Management Act (Utah 

8 Code Ann. 53C–1–101 et seq.). 

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

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

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

14 of Federal land and non-Federal land in Uintah 

15 County, Utah. 

16 SEC. 3. EXCHANGE OF LAND. 

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

18 the United States title to the non-Federal land, the Sec19 retary shall— 

20 (1) accept the offer; and 

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

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

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

24 States in and to the Federal land. 


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1 (b) CONDITIONS.—The exchange authorized under 

2 subsection (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. 

8 1716); and 

9 (B) any other applicable laws; 

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

11 including 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 

15 the Secretary and the State mutually determine to 

16 be appropriate. 

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 

22 land and the non-Federal land shall be determined 

23 by appraisals conducted by 1 or more independent 

24 appraisers selected jointly by the Secretary and the 

25 State. 


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1 (2) APPLICABLE LAW.—The appraisals con2 ducted under paragraph (1) shall be conducted in 

3 accordance with section 206 of the Federal Land 

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

5 1716). 

6 (3) APPROVAL.—The appraisals conducted 

7 under paragraph (1) shall be submitted to the Sec8 retary and the State for approval. 

9 (4) ADJUSTMENT.— 

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

11 any parcel of Federal land because of the pres12 ence of minerals subject to leasing under the 

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

14 the value of the parcel (as otherwise established 

15 under this subsection) shall be reduced by the 

16 estimated value of the payments that would 

17 have been made to the State of Utah from bo18 nuses, rentals, and royalties that the United 

19 States would have received if such minerals 

20 were leased pursuant to the Mineral Leasing 

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

22 (B) LIMITATION.—An adjustment under 

23 subparagraph (A) shall not be considered as a 

24 property right of the State. 

25 (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 

5 Office of the Bureau of Land Management at 

6 least 30 days before the conveyance of the ap7 plicable 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 sub19 section (a) in 3 phases beginning on the date on 

20 which the appraised values of the parcels included in 

21 the applicable phase are approved under this sub22 section. 

23 (2) PHASES.—The 3 phases referred to in para24 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 

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

11 Grand 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 

18 non-Federal land to proceed. 

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

20 at least the first phase of the exchange of land au21 thorized by subsection (a) be completed not later 

22 than 360 days after the date on which the State 

23 makes the Secretary an offer to convey the non-Fed24 eral land under 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 es4 tate that contains the oil shale resources. 

5 (2) EXTENT OF INTEREST.—The interest re6 served by the United States under paragraph (1) 

7 shall consist 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 

14 applicable royalty rate if the oil shale resources 

15 had 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 

23 shall not be obligated to lease or otherwise develop 

24 oil shale resources in which the United States re25 tains an interest under this subsection. 


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

2 Secretary reserves an interest under this subsection 

3 shall 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 

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

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

13 is withdrawn from— 

14 (1) disposition (other than disposition under 

15 section 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 

21 (30 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 

24 of 1947’’) (30 U.S.C. 601). 


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1 (h) APPURTENANT WATER RIGHTS.—Any convey2 ance of a parcel of Federal land or non-Federal land under 

3 this Act shall include the conveyance of water rights ap4 purtenant to the parcel conveyed. 

5 (i) EQUAL VALUE EXCHANGE.— 

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

7 land and non-Federal land to be exchanged under 

8 this 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 

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

16 land and non-Federal land shall be equalized, 

17 as determined to be appropriate and acceptable 

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

19 of the following: 

20 (i) By reducing the acreage of the 

21 Federal land to be conveyed. 

22 (ii) By adding additional State land to 

23 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 

3 value of the lands or interests in lands to 

4 be 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 

13 non-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 

18 value of the lands or interests in lands to 

19 be transferred out of Federal ownership. 

20 (3) NOTICE AND PUBLIC INSPECTION.— 

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

22 the State determine to add or remove land from 

23 the 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 

5 Natural Resources of the House of Rep6 resentatives and the Committee on Energy 

7 and Natural Resources of the Senate a 

8 copy of 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) 

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

20 Land Policy and Management Act of 1976 (43 

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

22 the United States under this Act shall become part 

23 of, and be managed as part of, the Federal adminis24 trative unit 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 

8 derived from the non-Federal land acquired 

9 under this Act shall be paid into the general 

10 fund of the 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 

14 Mineral 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 

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

22 related terms and conditions of user agreements, in23 cluding permitted stocking rates, grazing fee levels, 

24 access rights, and ownership and use of range im25 provements. 


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1 (2) RENEWAL.—To the extent allowed by Fed2 eral or State law, on expiration of any grazing lease, 

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

4 holder of the lease, permit, or contract shall be enti5 tled to a preference right to renew the lease, permit, 

6 or contract. 

7 (3) CANCELLATION.— 

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

9 prevents the Secretary or the State from can10 celing or modifying a grazing permit, lease, or 

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

12 or contract is sold, conveyed, transferred, or 

13 leased for nongrazing purposes by the Secretary 

14 or the State. 

15 (B) LIMITATION.—Except to the extent 

16 reasonably necessary to accommodate surface 

17 operations in support of mineral development, 

18 the Secretary or the State shall not cancel or 

19 modify a grazing permit, lease, or contract be20 cause the land subject to the permit, lease, or 

21 contract has been leased for mineral develop22 ment. 

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

24 the State under this Act is used by a grazing per25 mittee or lessee to meet the base property requireVerDate Nov 24 2008 01:48 Aug 05, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1275.RS H1275

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1 ments for a Federal grazing permit or lease, the 

2 land shall continue to qualify as a base property for 

3 the remaining term of the lease or permit and the 

4 term of any renewal or extension of the lease or per5 mit. 

6 (c) HAZARDOUS MATERIALS.— 

7 (1) IN GENERAL.—The Secretary and, as a con8 dition of the exchange, the State shall make avail9 able for review and inspection any record relating to 

10 hazardous materials on the land to be exchanged 

11 under this Act. 

12 (2) COSTS.—The costs of remedial actions re13 lating to hazardous materials on land acquired 

14 under this Act shall be paid by those entities respon15 sible for the costs under applicable law. 

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

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

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

19 foot wide scenic easement and a 200 foot wide road right20 of-way previously granted to the National Park Service for 

21 the Dinosaur National Monument, as described in Land 

22 Withdrawal No. U–0141143, pursuant to the Act of Sep23 tember 8, 1960 (74 Stat. 857,861). 


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1 SEC. 5. TERMINATION OF AUTHORITY. 

2 The provisions of this Act shall terminate 5 years 

3 after the date of enactment. 

4 SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as are necessary to carry out this Act. 


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Calendar No. 150 

111TH CONGRESS 

1ST SESSION H. R. 1275 

[Report No. 111–67] 

AN ACT 

To direct the exchange of certain land in Grand, 

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

AUGUST 4, 2009 

Reported without amendment 


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