S. 184

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To provide for the exchange of certain lands within the State of 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 Schools and Lands Improvement Act of 1993’’.

SEC. 2. UTAH-NAVAJO LAND EXCHANGE.

(a) ADDITIONS TO RESERVATION.—For the purpose of securing

in trust for the Navajo Nation certain lands belonging to the State

of Utah, which comprise approximately thirty-eight thousand five

hundred acres of surface and subsurface estate, and approximately

an additional nine thousand five hundred acres of subsurface estate,

as generally depicted on the map entitled ‘‘Utah-Navajo Land

Exchange’’, dated May 18, 1992, such lands are hereby declared

to be part of the Navajo Indian Reservation in the State of Utah

effective upon the completion of conveyance from the State of Utah

and acceptance of title by the United States.

(b) AUTHORIZATION.—The Secretary of the Interior is authorized

to acquire through exchange those lands and interests in land

described in subsection (a) which are owned by the State of Utah,

subject to valid existing rights.

SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION.

(a) ADDITIONS TO RESERVATION.—For the purpose of securing

in trust for the Goshute Indian Tribe certain lands belonging to

the State of Utah, which comprise approximately nine hundred

eighty acres of surface and subsurface estate, and an additional

four hundred and eighty acres of subsurface estate, as generally

depicted on the map entitled ‘‘Utah-Goshute Land Exchange’’, dated

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

Goshute Indian Reservation in the State of Utah effective upon

the completion of conveyance from the State of Utah and acceptance

of title by the United States. (b) AUTHORIZATION.—The Secretary of the Interior is authorized

to acquire through exchange those lands and interests in land

described in subsection (a) which are owned by the State of Utah,

subject to valid existing rights.

(c) OTHER LAND.—(1) The following tract of Federal land located

in the State of Nevada, comprising approximately five acres more

or less, together with all improvements thereon, is hereby declared

to be part of the Goshute Indian Reservation, and shall be held
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in trust for the Goshute Indian Tribe: Township 30 North, Range

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

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

be used for gaming or any related purpose.

SEC. 4. IMPLEMENTATION.

The exchanges authorized by sections 2 and 3 of this Act

shall be conducted without cost to the Navajo Nation and the

Goshute Indian Tribe.

SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM.

(a) AUTHORIZATION.—The Secretary of Agriculture is authorized

to accept on behalf of the United States title to the school and

institutional trust lands by the State of Utah within units of the

National Forest System, comprising approximately seventy-six thousand acres as depicted on a map entitled ‘‘Utah Forest Land

Exchange’’, dated May 18, 1992.

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

to this section shall become a part of the national forest within

which such lands are located and shall be subject to all the laws

and regulations applicable to the National Forest System.

SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM.

(a) AUTHORIZATION.—The Secretary of the Interior is hereby

authorized to accept on behalf of the United States title to all

school and institutional trust lands owned by the State of Utah

located within all units of the National Park System, comprising

approximately eighty thousand acres, located within the State of

Utah on the date of enactment of this Act.

(b) STATUS.—(1) Notwithstanding any other provision of law,

all lands of the State of Utah within units of the National Park

System that are conveyed to the United States pursuant to this

section shall become a part of the appropriate unit of the National

Park System, and shall be subject to all laws and regulations

applicable to that unit of the National Park System. (2) The Secretary of the Interior shall, as a part of the exchange

process of this Act, compensate the State of Utah for the fair

market value of five hundred eighty and sixty-four one-hundredths

acres within Capitol Reef National Park that were conveyed by

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

the State has never been compensated. The fair market value

of these lands shall be established pursuant to section 8 of this

Act.

SEC. 7. OFFER TO STATE.

(a) SPECIFIC OFFERS.—Within thirty days after enactment of

this Act, the Secretary of the Interior shall transmit to the State

of Utah a list of lands, or interests in lands, within the State

of Utah for transfer to the State of Utah in exchange for the

State lands and interests described in sections 2, 3, 5, and 6

of this Act. Such list shall include only the following Federal lands,

or interests therein:

(1) Blue Mountain Telecommunications Site, fee estate,

approximately six hundred and forty acres.

(2) Beaver Mountain Ski Resort site, fee estate, approximately three thousand acres, as generally depicted on the map

entitled ‘‘Beaver Mountain Ski Resort’’ dated September 16,

1992.
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(3) The unleased coal located in the Winter Quarters Tract.

(4) The unleased coal located in the Crandall Canyon Tract.

(5) All royalties receivable by the United States with

respect to coal leases in the Quitchupah (Convulsion Canyon)

Tract.

(6) The unleased coal located in the Cottonwood Canyon

Tract.

(7) The unleased coal located in the Soldier Creek Tract.

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

interests specified in subsection (a), the Secretary of the Interior

shall offer to the State of Utah a portion of the royalties receivable

by the United States with respect to Federal geothermal, oil, gas,

or other mineral interests in Utah which on December 31, 1992,

were under lease and covered by an approved permit to drill or

plan of development and plan of reclamation, were in production,

and were not under administrative or judicial appeal.

(2) No offer under this subsection shall be for royalties aggregating more than 50 per centum of the total appraised value of the

State lands described in sections 2, 3, 5, and 6.

(3) The Secretary shall make no offer under this subsection

which would enable the State of Utah to receive royalties under

this section exceeding $50,000,000.

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

offered to the State pursuant to subsections (a) and (b) is less

than the total value of the State lands described in sections 2,

3, 5, and 6, the Secretary shall provide the State a list of all

public lands in Utah that as of December 31, 1992, the Secretary,

in resource management plans prepared pursuant to the Federal

Land Policy and Management Act of 1976, had identified as suitable

for disposal by exchange or otherwise, and shall offer to transfer

to the State any or all of such lands, as selected by the State,

in partial exchange for such State lands, to the extent consistent

with other applicable laws and regulations.

SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

(a) EQUAL VALUE.—All exchanges authorized under this Act

shall be for equal value. No later than ninety days after enactment

of this Act, the Secretary of the Interior, the Secretary of Agriculture, and the Governor of the State of Utah shall provide for

an appraisal of the lands or interests therein involved in the

exchanges authorized by this Act. A detailed appraisal report shall

utilize nationally recognized appraisal standards including, to the

extent appropriate, the uniform appraisal standards for Federal

land acquisition.

(b) DEADLINE AND DISPUTE RESOLUTION.—(1) If after two years

from the date of enactment of this Act, the parties have not agreed

upon the final terms of some or all of the exchanges authorized

by this Act, including the value of the lands involved in some

or all of such exchanges, notwithstanding any other provisions

of law, any appropriate United States District Court, including

but not limited to the United States District Court for the District

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

and render judgment on the value of any and all lands, or interests

therein, involved in the exchange.

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

with the Court sooner than two years and later than five years

after the date of enactment of this Act. Any decision of a District
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Court under this Act may be appealed in accordance with the

applicable laws and rules.

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

Federal properties, the value of such properties shall be the value

otherwise established under this section, less the percentage which

represents the Federal revenue sharing obligation, but such adjustment shall not be considered as reflecting a property right of the

State of Utah.

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

to subsection 7(b) shall be adjusted to reflect net present value

as of the effective date of the exchange. The State shall be entitled

to receive a reasonable rate of interest at a rate equivalent to

a five-year Treasury note on the balance of the value owed by

the United States from the effective date of the exchange until

full value is received by the State and mineral rights revert to

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

SEC. 9. TRANSFER OF TITLE.

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

so much of those lands or interests in lands and additional royalties

described in section 7 that are offered by the Secretary of the

Interior and accepted by the State as are equal in value to the

State lands and interests described in sections 2, 3, 5, and 6.

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

to the State of Utah, the Secretary of the Interior shall convey,

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

to the provisions of subsection (b). For those properties where

less than fee simple is to be conveyed to the State of Utah, the

Secretary shall reserve to the United States all remaining right,

title, and interest of the United States.

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

in section 7 that are conveyed to the State of Utah pursuant

to this Act shall revert to the United States upon removal of

minerals equal in value to the value attributed to such rights

in connection with an exchange under this Act. (4) If the State of Utah accepts the offers provided for in

this Act, the State shall convey to the United States, subject to

valid existing rights, all right, title, and interest of the State to

all school and institutional trust lands described in sections 2,

3, 5, and 6 of this Act. Except as provided in section 7(b), conveyance

of all lands or interests in lands shall take place within sixty

days following agreement by the Secretary of the Interior and

the Governor of the State of Utah, or entry of an appropriate

order of judgment by the District Court. (b) INSPECTIONS.—Both parties shall inspect all pertinent

records and shall conduct a physical inspection of the lands to

be exchanged pursuant to this Act for the presence of any hazardous

materials as presently defined by applicable law. The results of

those inspections shall be made available to the parties. Responsibility for costs of remedial action related to materials identified by

such inspections shall be borne by those entities responsible under

existing law.

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

described in section 7(a), enactment of this Act shall be construed

as satisfying the provisions of section 206(a) of the Federal Land

Policy and Management Act of 1976 requiring that exchanges of

lands be in the public interest.
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(2) Development of any mineral interest transferred to the

State of Utah pursuant to this Act shall be subject to all laws,

rules, and regulations applicable to development of non-Federal

mineral interests, including, where appropriate, laws, rules, and

regulations applicable to such development within National Forests.

Extraction of any coal resources described in section 7(a) shall

occur only through underground coal mining operations.

(3) Transfer of any mineral interests to the State of Utah

shall be subject to such conditions as the Secretary shall prescribe

to ensure due diligence on the part of the State of Utah to achieve

the timely development of such resources.

SEC. 10. LEGAL DESCRIPTIONS.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, a map and legal description of the lands added

to the Navajo and Goshute Indian Reservations and all lands

exchanged under this Act shall be filed by the appropriate Secretary

with the Committee on Natural Resources of the United States

House of Representatives and the Committee on Energy and Natural Resources of the United States Senate, and each such map

and description shall have the same force and effect as if included

in this Act, except that the appropriate Secretary may correct

clerical and typographical errors in each such legal description

and map. Each such map and legal description shall be on file

and available for public inspection in the offices of the Secretary

of Agriculture and the Secretary of the Interior and the Utah

offices of the appropriate agencies of the Department of the Interior

and Department of Agriculture. (b) PILT.—Section 6902(b) of title 31, United States Code, is

amended by striking ‘‘acquisition.’’ and inserting in lieu thereof

‘‘acquisition, nor does this subsection apply to payments for lands

in Utah acquired by the United States if at the time of such

acquisition units, under applicable State law, were entitled to

receive payments from the State for such lands, but in such case

no payment under this chapter with respect to such acquired lands

shall exceed the payment that would have been made under State

law if such lands had not been acquired.’’.

(c) INTENT.—The lands and interests described in section 7

are an offer related only to the State lands and interests described

in this Act, and nothing in this Act shall be construed as precluding

conveyance of other lands or interests to the State of Utah pursuant

to other exchanges under applicable existing law or subsequent

act of Congress. It is the intent of Congress that the State should

establish a funding mechanism, or some other mechanism, to assure

that counties within the State are treated equitably as a result

of this exchange.

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

each bear its own respective costs incurred in the implementation

of this Act.

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

and Institutional Trust Lands’’ means those properties granted

by the United States in the Utah Enabling Act to the State of

Utah in trust and other lands which under State law must be

managed for the benefit of the public school system or the institutions of the State which are designated by the Utah Enabling

Act; and (2) ‘‘Secretary’’ means the Secretary of the Interior; unless

specifically defined otherwise.
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SEC. 11. 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.