II

103D CONGRESS

1ST SESSION S. 184

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

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 26 (legislative day, JANUARY 5), 1993

Mr. HATCH (for himself and Mr. BENNETT) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

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’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act (except as otherwise provided):

8 (1) GOVERNOR.—The term ‘‘Governor’’ means

9 the Governor of the State.
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1 (2) SCHOOL AND INSTITUTIONAL TRUST

2 LANDS.—The term ‘‘school and institutional trust

3 lands’’ means certain lands comprising approxi4 mately 200,000 acres, consisting of—

5 (A) those lands granted by the United

6 States by the Act entitled ‘‘An Act to enable

7 the people of Utah to form a constitution and

8 State government, and to be admitted into the

9 Union on an equal footing with the original

10 States’’, approved July 16, 1894 (28 Stat. 107)

11 (commonly known as the ‘‘Utah Enabling

12 Act’’), to the State in trust; and

13 (B) other lands that under State law are

14 required to be managed for the benefit of the

15 public school system or the institutions of the

16 State that are designated by such Act.

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

18 the Secretary of the Interior.

19 (4) STATE.—The term ‘‘State’’ means the State

20 of Utah.

21 SEC. 3. STATE LANDS WITHIN THE NAVAJO INDIAN RES22 ERVATION.

23 (a) ADDITIONS TO RESERVATION.—

24 (1) IN GENERAL.—For the purpose of securing

25 in trust for the Navajo Nation certain lands belong-
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1 ing to the State, the lands described in paragraph

2 (2) shall become part of the Navajo Indian Reserva3 tion in the State upon the completion of conveyance

4 from the State and acceptance of title by the United

5 States.

6 (2) LANDS.—The lands referred to in para7 graph (1) comprise approximately 38,500 acres of

8 surface and subsurface estate, and approximately an

9 additional 9,500 acres of subsurface estate, as gen10 erally depicted on the map entitled ‘‘Utah-Navajo

11 Land Exchange’’, dated May 18, 1992.

12 (b) AUTHORIZATION OF EXCHANGE.—

13 (1) IN GENERAL.—The Secretary may acquire

14 through exchange the lands described in subsection

15 (a)(2), subject to valid existing rights.

16 (2) COSTS.—The exchange authorized by para17 graph (1) shall be conducted without cost to the

18 Navajo Nation.

19 SEC. 4. STATE LANDS WITHIN THE GOSHUTE INDIAN RES20 ERVATION.

21 (a) ADDITIONS TO RESERVATION OF UTAH

22 LANDS.—

23 (1) IN GENERAL.—For the purpose of securing

24 in trust for the Goshute Indian Tribe certain lands

25 belonging to the State, the lands described in para-
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1 graph (2) shall become part of the Goshute Indian

2 Reservation in the State upon the completion of con3 veyance from the State and acceptance of title by

4 the United States.

5 (2) LANDS.—The lands referred to in para6 graph (1) comprise approximately 980 acres of sur7 face and subsurface estate, and an additional 480

8 acres of subsurface estate, as generally depicted on

9 the map entitled ‘‘Utah-Goshute Land Exchange’’,

10 dated May 18, 1992.

11 (3) AUTHORIZATION OF EXCHANGE.—

12 (A) IN GENERAL.—The Secretary may ac13 quire through exchange the lands described in

14 paragraph (2), subject to valid existing rights.

15 (B) COSTS.—The exchange authorized by

16 subparagraph (A) shall be conducted without

17 cost to the Goshute Indian Tribe.

18 (b) ADDITIONS TO RESERVATION OF NEVADA

19 LANDS.—

20 (1) IN GENERAL.—The Federal lands located in

21 the State of Nevada and described in paragraph (2),

22 together with all improvements on the lands, are de23 clared to be part of the Goshute Indian Reservation,

24 and shall be held in trust for the Goshute Indian

25 Tribe.
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1 (2) LANDS.—The lands referred to in para2 graph (1) comprise approximately 5 acres and have

3 the following legal description: Township 30 North,

4 range 69 East, Lots 5, 6, 7, 9, 11, and 14 of section

5 34.

6 (3) USE OF LANDS.—No part of the lands de7 scribed in paragraph (2) shall be used for gaming or

8 any related purpose.

9 SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYS10 TEM.

11 (a) AUTHORIZATION OF ACQUISITION.—The Sec12 retary of Agriculture may accept on behalf of the United

13 States the school and institutional trust lands that—

14 (1) are owned by the State;

15 (2) are located within units of the National

16 Forest System; and

17 (3) comprise approximately 76,000 acres, as

18 generally depicted on the map entitled ‘‘Utah Forest

19 Land Exchange’’, dated May 18, 1992.

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

21 States pursuant to this section shall become part of the

22 national forest within which the lands are located and

23 shall be subject to all laws applicable to the National For24 est System.
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1 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYS2 TEM.

3 (a) AUTHORIZATION OF ACQUISITION.—The Sec4 retary may accept on behalf of the United States all school

5 and institutional trust lands that are—

6 (1) owned by the State; and

7 (2) located within the units of the National

8 Park System located within the State on the date of

9 enactment of this Act.

10 (b) STATUS.—

11 (1) IN GENERAL.—All lands of the State within

12 units of the National Park System that are conveyed

13 to the United States pursuant to this section shall

14 become part of the appropriate unit of the National

15 Park System and shall be subject to all laws applica16 ble to that unit of the National Park System.

17 (2) CAPITOL REEF NATIONAL PARK LANDS.—

18 (A) IN GENERAL.—The Secretary shall, as

19 a part of the exchange process pursuant to this

20 Act, compensate the State for the fair market

21 value of 580.64 acres within Capitol Reef Na22 tional Park that were conveyed by the State to

23 the United States on July 2, 1971 (for which

24 the State has never been compensated).
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1 (B) FAIR MARKET VALUE.—The fair mar2 ket value of these lands shall be determined

3 pursuant to section 8.

4 SEC. 7. OFFER TO STATE.

5 (a) SPECIFIC OFFERS.—

6 (1) IN GENERAL.—Not later than 30 days after

7 the date of enactment of this Act, the Secretary

8 shall transmit to the Governor a list of lands and in9 terests in lands within the State for transfer to the

10 State in exchange for the State lands and interests

11 described in sections 3, 4, 5, and 6.

12 (2) LIST.—The list described in paragraph (1)

13 shall consist of the following Federal lands and in14 terests in lands:

15 (A) Blue Mountain Telecommunications

16 Site, fee estate, approximately 640 acres.

17 (B) Beaver Mountain Ski Resort Site, fee

18 estate, approximately 3,000 acres, as generally

19 depicted on the map entitled ‘‘Beaver Mountain

20 Ski Resort’’, dated September 16, 1992.

21 (C) The unleased coal located in the Win22 ter Quarters tract.

23 (D) The unleased coal located in the

24 Crandall Canyon tract.
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1 (E) All royalties receivable by the United

2 States with respect to coal leases in the

3 Quitchupah (Convulsion Canyon) tract.

4 (F) The unleased coal located in the Cot5 tonwood Canyon tract.

6 (G) The unleased coal located in the Sol7 dier Creek tract.

8 (b) ADDITIONAL OFFERS OF ROYALTIES.—

9 (1) IN GENERAL.—In addition to the lands and

10 interests described in subsection (a)(2), and subject

11 to paragraph (2), the Secretary shall offer to the

12 State a portion of the royalties receivable by the

13 United States with respect to Federal geothermal,

14 oil, gas, and other mineral interests in the State that

15 on December 31, 1992—

16 (A) were under lease;

17 (B) were covered by an approved permit to

18 drill or a plan of development and plan of rec19 lamation;

20 (C) were in production; and

21 (D) were not under administrative or judi22 cial appeal.

23 (2) LIMITATIONS ON OFFERS.—

24 (A) PERCENTAGE OF VALUE OF STATE

25 LANDS.—The Secretary may not make an offer
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1 pursuant to this subsection for royalties aggre2 gating more than 50 percent of the total ap3 praised value of the State lands described in

4 sections 3, 4, 5, and 6.

5 (B) DOLLAR AMOUNT LIMITATION.—The

6 Secretary may not make an offer pursuant to

7 this subsection that would enable the State to

8 receive royalties under this section in an

9 amount that exceeds $12,500,000 annually.

10 (c) INSUFFICIENCY OF VALUE OF OFFER TO

11 STATE.—If the total value of lands, interests in lands, and

12 royalties offered to the State pursuant to subsections (a)

13 and (b) is less than the total value of the State lands de14 scribed in sections 3, 4, 5, and 6, the Secretary shall—

15 (1) provide the Governor a list of all public

16 lands in the State that as of December 31, 1992,

17 the Secretary had identified in resource management

18 plans prepared pursuant to the Federal Land Policy

19 and Management Act of 1976 (43 U.S.C. 1701 et

20 seq.) as suitable for disposal by exchange or other21 wise; and

22 (2) offer to transfer to the State any or all of

23 the lands, as selected by the State, in partial ex24 change for the State lands, to the extent consistent

25 with other applicable law.
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1 SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

2 (a) IN GENERAL.—

3 (1) EQUAL VALUE.—All exchanges made pursu4 ant to this Act shall be for equal value.

5 (2) APPRAISALS.—Not later than 90 days after

6 the date of enactment of this Act, the Secretary, the

7 Secretary of Agriculture, and the Governor shall

8 provide for an appraisal of the lands and interests

9 in lands involved in the exchanges authorized by this

10 Act.

11 (3) APPRAISAL REPORTS.—Each detailed ap12 praisal report prepared pursuant to paragraph (2)

13 shall utilize nationally recognized appraisal stand14 ards including, to the extent appropriate, the Uni15 form Appraisal Standards for Federal Land Acquisi16 tions.

17 (b) INTEREST ON ROYALTY OFFERS.—Any royalty

18 offer by the Secretary pursuant to section 7(b) shall be

19 adjusted to reflect the net present value as of the effective

20 date of the exchange. The State shall be entitled to receive

21 a reasonable rate of interest at a rate equal to the average

22 yield on 5-year Treasury notes issued during the previous

23 fiscal year on the balance of the value owed by the United

24 States from the effective date of the exchange until full

25 value is received by the State and mineral rights revert

26 to the United States pursuant to section 9(a)(3)(A).
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1 (c) ADJUSTMENT FOR REVENUE SHARING.—

2 (1) IN GENERAL.—If the State shares revenue

3 from any lands, interest in lands, or royalty trans4 ferred to the State under this Act, the value of the

5 lands, interest in lands, or royalty shall be the value

6 otherwise established under this section, less the per7 centage that represents the Federal revenue sharing

8 obligation.

9 (2) LIMITATION.—The adjustment described in

10 paragraph (1) shall not be considered to reflect a

11 property right of the State.

12 (d) DISPUTE RESOLUTION.—

13 (1) IN GENERAL.—If, after the date that is 2

14 years after the date of enactment of this Act, the

15 parties described in subsection (a)(2) have not

16 agreed on the final terms of some or all of the ex17 changes authorized by this Act (including the value

18 of the lands involved in some or all of the ex19 changes), a party may bring an action in the United

20 States District Court for the District of Utah,

21 Central Division, concerning the value of any and all

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

23 (2) TIME FOR FILING.—Any action described in

24 paragraph (1) may be filed with the court not earlier

25 than the date that is 2 years after the date of enact-
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1 ment of this Act and not later than the date that

2 is 5 years after the date of enactment of this Act.

3 (3) APPEALS.—Any decision of the court under

4 this subsection may be appealed in accordance with

5 applicable law.

6 SEC. 9. TRANSFER OF TITLE.

7 (a) TERMS.—

8 (1) EXCHANGE.—

9 (A) ENTITLEMENT.—The State shall be

10 entitled to receive such lands, interests in lands,

11 and royalties described in section 7 as—

12 (i) are offered by the Secretary and

13 accepted by the State; and

14 (ii) are equal in value to the State

15 lands and interests in lands described in

16 sections 3, 4, 5, and 6.

17 (B) CONVEYANCE BY THE STATE.—

18 (i) IN GENERAL.—If the State accepts

19 the offers described in subparagraph (A),

20 the State shall convey to the United

21 States, subject to valid existing rights, all

22 right, title, and interest of the State to the

23 school and institutional trust lands, as de24 scribed in sections 3, 4, 5, and 6.
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1 (ii) TIMING.—Except as provided in

2 section 7(b), conveyance of all lands or in3 terests in lands shall take place not later

4 than 60 days after agreement by the Sec5 retary and the Governor, or entry of an

6 appropriate order of judgment by the dis7 trict court.

8 (2) RIGHTS CONVEYED.—

9 (A) FEE SIMPLE TITLES.—Subject to sub10 section (b), for each property described in para11 graph (1)(A) for which fee simple title is to be

12 conveyed to the State, the Secretary shall con13 vey, subject to valid existing rights, all right,

14 title, and interest in the property.

15 (B) OTHER RIGHTS.—For each property

16 described in paragraph (1)(A) for which less

17 than fee simple title is to be conveyed to the

18 State, the Secretary shall reserve to the United

19 States all remaining right, title, and interest of

20 the United States.

21 (3) MINERALS.—

22 (A) RIGHTS.—All right, title, and interest

23 in any mineral rights described in section 7 that

24 are conveyed to the State pursuant to this Act

25 shall revert to the United States upon removal
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1 of minerals equal in value to the value attrib2 uted to the rights in connection with an ex3 change under this Act.

4 (B) DEVELOPMENT OF MINERAL INTER5 ESTS.—Development of any mineral interest

6 transferred to the State pursuant to this Act

7 shall be subject to all laws applicable to the de8 velopment of non-Federal mineral interests, in9 cluding, when appropriate, laws applicable to

10 the development of non-Federal mineral inter11 ests within national forests.

12 (b) INSPECTIONS FOR HAZARDOUS MATERIALS.—

13 (1) IN GENERAL.—Prior to any exchange under

14 this Act, the Secretary and the Governor shall in15 spect all pertinent records and shall conduct a phys16 ical inspection of the lands to be exchanged pursuant

17 to this Act for the presence of any hazardous mate18 rials (as defined by applicable law at the time of the

19 inspection).

20 (2) AVAILABILITY OF RESULTS.—Each party

21 described in paragraph (1) shall make available to

22 the other party the results of each inspection con23 ducted pursuant to paragraph (1).

24 (3) REMEDIAL ACTION.—Responsibility for

25 costs of remedial action related to materials identi-
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1 fied by the inspections described in paragraph (1)

2 shall be borne by those entities responsible under ex3 isting law.

4 (c) PUBLIC INTEREST REQUIREMENT.—With respect

5 to the lands and interests described in section 7, the re6 quirement of section 206(a) of the Federal Land Policy

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

8 exchanges of lands be in the public interest is deemed to

9 be met.

10 SEC. 10. MAPS AND LEGAL DESCRIPTIONS.

11 (a) FILING.—As soon as practicable after the date

12 of enactment of this Act, a map and legal description of

13 the lands added to the Navajo and Goshute Indian Res14 ervations and all lands exchanged under this Act shall be

15 filed by the appropriate Secretary with the Committee on

16 Energy and Natural Resources of the Senate and the

17 Committee on Interior and Insular Affairs of the House

18 of Representatives.

19 (b) FORCE AND EFFECT.—Each map and legal de20 scription described in paragraph (1) shall have the same

21 force and effect as if included in this Act, except that the

22 appropriate Secretary may correct clerical and typo23 graphical errors in each map and legal description.
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1 (c) PUBLIC INSPECTION.—Each map and legal de2 scription shall be on file and available for public inspection

3 in—

4 (1) the offices of the Secretary of Agriculture

5 and the Secretary of the Interior in Washington,

6 District of Columbia; and

7 (2) the offices of the appropriate agencies of

8 the Department of the Interior and the Department

9 of Agriculture in the State.

10 SEC. 11. PAYMENTS IN LIEU OF TAXES.

11 Section 6902(b) of title 31, United States Code, is

12 amended by adding at the end the following new sen13 tences: ‘‘This subsection shall not apply to payments for

14 lands located in the State of Utah and acquired by the

15 United States if, at the time of the acquisition, a unit of

16 general local government, under applicable State law, was

17 entitled to receive payments from the State for the lands.

18 In the case described in the preceding sentence, a payment

19 under this chapter with respect to the acquired lands may

20 not exceed the payment that would have been made under

21 State law if the lands had not been acquired.’’.

22 SEC. 12. CONGRESSIONAL INTENT.

23 (a) EFFECT ON FUTURE EXCHANGES.—The lands

24 and interests described in section 7 are an offer related

25 only to the State lands and interests in lands described
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1 in this Act. Nothing in this Act is intended to preclude

2 conveyance of other lands or interests to the State pursu3 ant to other exchanges under applicable law in existence

4 on the date of enactment of this Act or enacted after the

5 date.

6 (b) EQUITABLE TREATMENT OF COUNTIES.—It is

7 the intent of Congress that the State should establish a

8 funding mechanism, or some other mechanism, to ensure

9 that counties within the State are treated equitably as a

10 result of the exchanges made pursuant to this Act.

11 SEC. 13. COSTS.

12 The United States and the State shall each bear its

13 own respective costs incurred in carrying out this Act.

14 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

15 There are authorized to be appropriated such sums

16 as are necessary to carry out this Act.

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