103D CONGRESS

1ST SESSION S. 184

AN ACT

To provide for the exchange of certain lands within

the State of Utah, and for other purposes.
103D CONGRESS

1ST SESSION S. 184

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

10 and royalties offered to the State pursuant to subsections

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

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

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

14 as of December 31, 1992, the Secretary, in resource man15 agement plans prepared pursuant to the Federal Land

16 Policy and Management Act of 1976, had identified as

17 suitable for disposal by exchange or otherwise, and shall

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

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

20 lands, to the extent consistent with other applicable laws

21 and regulations.

22 SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

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

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

25 after enactment of this Act, the Secretary of the Interior,
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1 the Secretary of Agriculture, and the Governor of the

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

3 or interests therein involved in the exchanges authorized

4 by this Act. A detailed appraisal report shall utilize nation5 ally recognized appraisal standards including, to the ex6 tent appropriate, the uniform appraisal standards for Fed7 eral land acquisition.

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

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

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

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

12 the value of the lands involved in some or all of such ex13 changes, notwithstanding any other provisions of law, the

14 United States District Court for the District of Utah,

15 Central Division, shall have jurisdiction to hear, deter16 mine, and render judgment on the value of any and all

17 lands, or interests therein, involved in the exchange.

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

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

20 five years after the date of enactment of this Act. Any

21 decision of a District Court under this Act may be ap22 pealed in accordance with the applicable laws and rules.

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

24 the selected Federal properties, the value of such prop25 erties shall be the value otherwise established under this
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1 section, less the percentage which represents the Federal

2 revenue sharing obligation, but such adjustment shall not

3 be considered as reflecting a property right of the State

4 of Utah.

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

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

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

8 The State shall be entitled to receive a reasonable rate

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

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

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

12 received by the State and mineral rights revert to the

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

14 SEC. 9. TRANSFER OF TITLE.

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

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

17 additional royalties described in section 7 that are offered

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

19 as are equal in value to the State lands and interests de20 scribed in sections 2, 3, 5, and 6.

21 (2) For those properties where fee simple title is to

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

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

24 right, title, and interest, subject to the provisions of sub25 section (b). For those properties where less than fee simple
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1 is to be conveyed to the State of Utah, the Secretary shall

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

3 interest of the United States.

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

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

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

7 upon removal of minerals equal in value to the value at8 tributed to such rights in connection with an exchange

9 under this Act.

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

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

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

13 of the State to all school and institutional trust lands de14 scribed in sections 2, 3, 5, and 6 of this Act. Except as

15 provided in section 7(b), conveyance of all lands or inter16 ests in lands shall take place within sixty days following

17 agreement by the Secretary of the Interior and the Gov18 ernor of the State of Utah, or entry of an appropriate

19 order of judgment by the District Court.

20 (b) INSPECTIONS.—Both parties shall inspect all per21 tinent records and shall conduct a physical inspection of

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

23 presence of any hazardous materials as presently defined

24 by applicable law. The results of those inspections shall

25 be made available to the parties. Responsibility for costs
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1 of remedial action related to materials identified by such

2 inspections shall be borne by those entities responsible

3 under existing law.

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

5 interests described in section 7, enactment of this Act

6 shall be construed as satisfying the provisions of section

7 206(a) of the Federal Land Policy and Management Act

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

9 interest.

10 (2) Development of any mineral interest transferred

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

12 to all laws, rules, and regulations applicable to develop13 ment of non-Federal mineral interests, including, where

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

15 development within National Forests.

16 SEC. 10. LEGAL DESCRIPTIONS.

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

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

19 of the lands added to the Navajo and Goshute Indian Res20 ervations and all lands exchanged under this Act shall be

21 filed by the appropriate Secretary with the Committee on

22 Natural Resources of the United States House of Rep23 resentatives and the Committee on Energy and Natural

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

25 and description shall have the same force and effect as
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1 if included in this Act, except that the appropriate Sec2 retary may correct clerical and typographical errors in

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

4 legal description shall be on file and available for public

5 inspection in the offices of the Secretary of Agriculture

6 and the Secretary of the Interior and the Utah offices of

7 the appropriate agencies of the Department of the Interior

8 and Department of Agriculture.

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

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

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

12 to payments for lands in Utah acquired by the United

13 States if at the time of such acquisition units, under appli14 cable State law, were entitled to receive payments from

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

16 under this chapter with respect to such acquired lands

17 shall exceed the payment that would have been made

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

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

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

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

22 shall be construed as precluding conveyance of other lands

23 or interests to the State of Utah pursuant to other ex24 changes under applicable existing law or subsequent act

25 of Congress. It is the intent of Congress that the State
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1 should establish a funding mechanism, or some other

2 mechanism, to assure that counties within the State are

3 treated equitably as a result of this exchange.

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

5 Utah shall each bear its own respective costs incurred in

6 the implementation of this Act.

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

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

9 properties granted by the United States in the Utah Ena10 bling Act to the State of Utah in trust and other lands

11 which under State law must be managed for the benefit

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

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

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

15 specifically defined otherwise.

16 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated such sums

18 as are necessary to carry out this Act.

Passed the Senate June 25 (legislative day, June

22), 1993.

Attest:

Secretary.
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