Union Calendar No. 118

103D CONGRESS

1ST SESSION S. 184

[Report No. 103–207]

AN ACT

To provide for the exchange of certain lands within

the State of Utah, and for other purposes.

AUGUST 2, 1993

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-
IB

Union Calendar No. 118

103D CONGRESS

1ST SESSION S. 184

[Report No. 103–207]

To provide for the exchange of certain lands within the State of Utah,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JULY 26, 1993

Referred to the Committee on Natural Resources

AUGUST 2, 1993

Reported with amendments, committed to the Committee of the Whole House

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

[Omit the part struck through and insert the part printed in italic]

AN ACT

To provide for the exchange of certain lands within the

State of 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 Schools and

5 Lands Improvement Act of 1993’’.
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1 SEC. 2. UTAH-NAVAJO LAND EXCHANGE.

2 (a) ADDITIONS TO RESERVATION.—For the purpose

3 of securing in trust for the Navajo Nation certain lands

4 belonging to the State of Utah, which comprise approxi5 mately thirty-eight thousand five hundred acres of surface

6 and subsurface estate, and approximately an additional

7 nine thousand five hundred acres of subsurface estate, as

8 generally depicted on the map entitled ‘‘Utah-Navajo

9 Land Exchange’’, dated May 18, 1992, such lands are

10 hereby declared to be part of the Navajo Indian Reserva11 tion in the State of Utah effective upon the completion

12 of conveyance from the State of Utah and acceptance of

13 title by the United States.

14 (b) AUTHORIZATION.—The Secretary of the Interior

15 is authorized to acquire through exchange those lands and

16 interests in land described in subsection (a) which are

17 owned by the State of Utah, subject to valid existing

18 rights.

19 SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RES20 ERVATION.

21 (a) ADDITIONS TO RESERVATION.—For the purpose

22 of securing in trust for the Goshute Indian Tribe certain

23 lands belonging to the State of Utah, which comprise ap24 proximately nine hundred eighty acres of surface and sub25 surface estate, and an additional four hundred and eighty

26 acres of subsurface estate, as generally depicted on the
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1 map entitled ‘‘Utah-Goshute Land Exchange’’, dated May

2 18, 1992, such lands are hereby declared to be part of

3 the Goshute Indian Reservation in the State of Utah effec4 tive upon the completion of conveyance from the State of

5 Utah and acceptance of title by the United States.

6 (b) AUTHORIZATION.—The Secretary of the Interior

7 is authorized to acquire through exchange those lands and

8 interests in land described in subsection (a) which are

9 owned by the State of Utah, subject to valid existing

10 rights.

11 (c) OTHER LAND.—(1) The following tract of Fed12 eral land located in the State of Nevada, comprising ap13 proximately five acres more or less, together with all im14 provements thereon, is hereby declared to be part of the

15 Goshute Indian Reservation, and shall be held in trust for

16 the Goshute Indian Tribe: Township 30 North, Range 69

17 East, lots 5, 6, 7, 9, 11, and 14 of section 34.

18 (2) No part of the lands referred to in paragraph (1)

19 shall be used for gaming or any related purpose.

20 SEC. 4. IMPLEMENTATION.

21 The exchanges authorized by sections 2 and 3 of this

22 Act shall be conducted without cost to the Navajo Nation

23 and the Goshute Indian Tribe.
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1 SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYS2 TEM.

3 (a) AUTHORIZATION.—The Secretary of Agriculture

4 is authorized to accept on behalf of the United States title

5 to the school and institutional trust lands by the State

6 of Utah within units of the National Forest System, com7 prising approximately seventy-six thousand acres as de8 picted on a map entitled ‘‘Utah Forest Land Exchange’’,

9 dated May 18, 1992.

10 (b) STATUS.—Any lands acquired by the United

11 States pursuant to this section shall become a part of the

12 national forest within which such lands are located and

13 shall be subject to all the laws and regulations applicable

14 to the National Forest System.

15 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYS16 TEM.

17 (a) AUTHORIZATION.—The Secretary of the Interior

18 is hereby authorized to accept on behalf of the United

19 States title to all school and institutional trust lands

20 owned by the State of Utah located within all units of the

21 National Park System, comprising approximately eighty

22 thousand acres, located within the State of Utah on the

23 date of enactment of this Act.

24 (b) STATUS.—(1) Notwithstanding any other provi25 sion of law, all lands of the State of Utah within units

26 of the National Park System that are conveyed to the
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1 United States pursuant to this section shall become a part

2 of the appropriate unit of the National Park System, and

3 shall be subject to all laws and regulations applicable to

4 that unit of the National Park System.

5 (2) The Secretary of the Interior shall, as a part of

6 the exchange process of this Act, compensate the State

7 of Utah for the fair market value of five hundred eighty

8 and sixty-four one-hundredths acres within Capitol Reef

9 National Park that were conveyed by the State of Utah

10 to the United States on July 2, 1971, for which the State

11 has never been compensated. The fair market value of

12 these lands shall be established pursuant to section 8 of

13 this Act.

14 SEC. 7. OFFER TO STATE.

15 (a) SPECIFIC OFFERS.—Within thirty days after en16 actment of this Act, the Secretary of the Interior shall

17 transmit to the State of Utah a list of lands, or interests

18 in lands, within the State of Utah for transfer to the State

19 of Utah in exchange for the state lands and interests de20 scribed in sections 2, 3, 5, and 6 of this Act. Such list

21 shall include only the following Federal lands, or interests

22 therein:

23 (1) Blue Mountain Telecommunications Site,

24 fee estate, approximately six hundred and forty

25 acres.
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1 (2) Beaver Mountain Ski Resort site, fee estate,

2 approximately three thousand acres, as generally de3 picted on the map entitled ‘‘Beaver Mountain Ski

4 Resort’’ dated September 16, 1992.

5 (3) The unleased coal located in the Winter

6 Quarters Tract.

7 (4) The unleased coal located in the Crandall

8 Canyon Tract.

9 (5) All royalties receivable by the United States

10 with respect to coal leases in the Quitchupah (Con11 vulsion Canyon) Tract.

12 (6) The unleased coal located in the Cotton13 wood Canyon Tract.

14 (7) The unleased coal located in the Soldier

15 Creek Tract.

16 (b) ADDITIONAL OFFERS.—(1) In addition to the

17 lands and interests specified in subsection (a), the Sec18 retary of the Interior shall offer to the State of Utah a

19 portion of the royalties receivable by the United States

20 with respect to Federal geothermal, oil, gas, or other min21 eral interests in Utah which on December 31, 1992, were

22 under lease and covered by an approved permit to drill

23 or plan of development and plan of reclamation, were in

24 production, and were not under administrative or judicial

25 appeal.
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1 (2) No offer under this subsection shall be for royal2 ties aggregating more than 50 per centum of the total ap3 praised value of the State lands described in sections 2,

4 3, 5, and 6.

5 (3) The Secretary shall make no offer under this sub6 section which would enable the State of Utah to receive

7 royalties under this section exceeding $12,500,000 annu8 ally.

9 (3) The Secretary shall make no offer under this sub10 section which would enable the State of Utah to receive roy11 alties under this section exceeding $25,000,000.

12 (4) If the total value of lands and interests therein

13 and royalties offered to the State pursuant to subsections

14 (a) and (b) is less than the total value of the State lands

15 described in sections 2, 3, 5, and 6, the Secretary shall

16 provide the State a list of all public lands in Utah that

17 as of December 31, 1992, the Secretary, in resource man18 agement plans prepared pursuant to the Federal Land

19 Policy and Management Act of 1976, had identified as

20 suitable for disposal by exchange or otherwise, and shall

21 offer to transfer to the State any or all of such lands,

22 as selected by the State, in partial exchange for such State

23 lands, to the extent consistent with other applicable laws

24 and regulations.
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1 SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

2 (a) EQUAL VALUE.—All exchanges authorized under

3 this Act shall be for equal value. No later than ninety days

4 after enactment of this Act, the Secretary of the Interior,

5 the Secretary of Agriculture, and the Governor of the

6 State of Utah shall provide for an appraisal of the lands

7 or interests therein involved in the exchanges authorized

8 by this Act. A detailed appraisal report shall utilize nation9 ally recognized appraisal standards including, to the ex10 tent appropriate, the uniform appraisal standards for Fed11 eral land acquisition.

12 (b) DEADLINE AND DISPUTE RESOLUTION.—(1) If

13 after two years from the date of enactment of this Act,

14 the parties have not agreed upon the final terms of some

15 or all of the exchanges authorized by this Act, including

16 the value of the lands involved in some or all of such ex17 changes, notwithstanding any other provisions of law, any

18 appropriate United States District Court, including but not

19 limited to the United States District Court for the District

20 of Utah, Central Division, shall have jurisdiction to hear,

21 determine, and render judgment on the value of any and

22 all lands, or interests therein, involved in the exchange.

23 (2) No action provided for in this subsection may be

24 filed with the Court sooner than two years and later than

25 five years after the date of enactment of this Act. Any
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1 decision of a District Court under this Act may be ap2 pealed in accordance with the applicable laws and rules.

3 (c) ADJUSTMENT.—If the State shares revenue from

4 the selected Federal properties, the value of such prop5 erties shall be the value otherwise established under this

6 section, less the percentage which represents the Federal

7 revenue sharing obligation, but such adjustment shall not

8 be considered as reflecting a property right of the State

9 of Utah.

10 (d) INTEREST.—Any royalty offer by the Secretary

11 pursuant to subsection 7(b) shall be adjusted to reflect

12 net present value as of the effective date of the exchange.

13 The State shall be entitled to receive a reasonable rate

14 of interest at a rate equivalent to a five-year Treasury note

15 on the balance of the value owed by the United States

16 from the effective date of the exchange until full value is

17 received by the State and mineral rights revert to the

18 United States as prescribed by subsection 9(a)(3).

19 SEC. 9. TRANSFER OF TITLE.

20 (a) TERMS.—(1) The State of Utah shall be entitled

21 to receive so much of those lands or interests in lands and

22 additional royalties described in section 7 that are offered

23 by the Secretary of the Interior and accepted by the State

24 as are equal in value to the State lands and interests de25 scribed in sections 2, 3, 5, and 6.
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1 (2) For those properties where fee simple title is to

2 be conveyed to the State of Utah, the Secretary of the

3 Interior shall convey, subject to valid existing rights, all

4 right, title, and interest, subject to the provisions of sub5 section (b). For those properties where less than fee simple

6 is to be conveyed to the State of Utah, the Secretary shall

7 reserve to the United States all remaining right, title, and

8 interest of the United States.

9 (3) All right, title, and interest in any mineral rights

10 described in section 7 that are conveyed to the State of

11 Utah pursuant to this Act shall revert to the United States

12 upon removal of minerals equal in value to the value at13 tributed to such rights in connection with an exchange

14 under this Act.

15 (4) If the State of Utah accepts the offers provided

16 for in this Act, the State shall convey to the United States,

17 subject to valid existing rights, all right, title, and interest

18 of the State to all school and institutional trust lands de19 scribed in sections 2, 3, 5, and 6 of this Act. Except as

20 provided in section 7(b), conveyance of all lands or inter21 ests in lands shall take place within sixty days following

22 agreement by the Secretary of the Interior and the Gov23 ernor of the State of Utah, or entry of an appropriate

24 order of judgment by the District Court.
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1 (b) INSPECTIONS.—Both parties shall inspect all per2 tinent records and shall conduct a physical inspection of

3 the lands to be exchanged pursuant to this Act for the

4 presence of any hazardous materials as presently defined

5 by applicable law. The results of those inspections shall

6 be made available to the parties. Responsibility for costs

7 of remedial action related to materials identified by such

8 inspections shall be borne by those entities responsible

9 under existing law.

10 (c) CONDITIONS.—(1) With respect to the lands and

11 interests described in section 7(a), enactment of this Act

12 shall be construed as satisfying the provisions of section

13 206(a) of the Federal Land Policy and Management Act

14 of 1976 requiring that exchanges of lands be in the public

15 interest.

16 (2) Development of any mineral interest transferred

17 to the State of Utah pursuant to this Act shall be subject

18 to all laws, rules, and regulations applicable to develop19 ment of non-Federal mineral interests, including, where

20 appropriate, laws, rules, and regulations applicable to such

21 development within National Forests. Extraction of any

22 coal resources described in section 7(a) shall occur only

23 through underground coal mining operations.
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1 SEC. 10. LEGAL DESCRIPTIONS.

2 (a) IN GENERAL.—As soon as practicable after the

3 date of enactment of this Act, a map and legal description

4 of the lands added to the Navajo and Goshute Indian Res5 ervations and all lands exchanged under this Act shall be

6 filed by the appropriate Secretary with the Committee on

7 Natural Resources of the United States House of Rep8 resentatives and the Committee on Energy and Natural

9 Resources of the United States Senate, and each such map

10 and description shall have the same force and effect as

11 if included in this Act, except that the appropriate Sec12 retary may correct clerical and typographical errors in

13 each such legal description and map. Each such map and

14 legal description shall be on file and available for public

15 inspection in the offices of the Secretary of Agriculture

16 and the Secretary of the Interior and the Utah offices of

17 the appropriate agencies of the Department of the Interior

18 and Department of Agriculture.

19 (b) PILT.—Section 6902(b) of title 31, United States

20 Code, is amended by striking ‘‘acquisition.’’ and inserting

21 in lieu thereof ‘‘acquisition, nor does this subsection apply

22 to payments for lands in Utah acquired by the United

23 States if at the time of such acquisition units, under appli24 cable State law, were entitled to receive payments from

25 the State for such lands, but in such case no payment

26 under this chapter with respect to such acquired lands
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1 shall exceed the payment that would have been made

2 under State law if such lands had not been acquired.’’.

3 (c) INTENT.—The lands and interests described in

4 section 7 are an offer related only to the State lands and

5 interests described in this Act, and nothing in this Act

6 shall be construed as precluding conveyance of other lands

7 or interests to the State of Utah pursuant to other ex8 changes under applicable existing law or subsequent act

9 of Congress. It is the intent of Congress that the State

10 should establish a funding mechanism, or some other

11 mechanism, to assure that counties within the State are

12 treated equitably as a result of this exchange.

13 (d) COSTS.—The United States and the State of

14 Utah shall each bear its own respective costs incurred in

15 the implementation of this Act.

16 (e) DEFINITION.—As used in this Act, the term (1)

17 ‘‘School and Institutional Trust Lands’’ means those

18 properties granted by the United States in the Utah Ena19 bling Act to the State of Utah in trust and other lands

20 which under State law must be managed for the benefit

21 of the public school system or the institutions of the State

22 which are designated by the Utah Enabling Act; and (2)

23 ‘‘Secretary’’ means the Secretary of the Interior; unless

24 specifically defined otherwise.
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this Act.

Passed the Senate July 23 (legislative day, June

30), 1993.

Attest: WALTER J. STEWART,

Secretary.