103D CONGRESS

1ST SESSION S. 184

AMENDMENT
In the House of Representatives, U. S.,

August 2, 1993.

Resolved, That the bill from the Senate (S. 184) entitled ‘‘An Act to provide for the exchange of certain lands

within the State of Utah, and for other purposes’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Utah Schools and Lands

3 Improvement Act of 1993’’.

4 SEC. 2. UTAH-NAVAJO LAND EXCHANGE.

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

6 securing in trust for the Navajo Nation certain lands be7 longing to the State of Utah, which comprise approximately

8 thirty-eight thousand five hundred acres of surface and sub9 surface estate, and approximately an additional nine thou10 sand five hundred acres of subsurface estate, as generally

11 depicted on the map entitled ‘‘Utah-Navajo Land Ex12 change’’, dated May 18, 1992, such lands are hereby de13 clared to be part of the Navajo Indian Reservation in the

14 State of Utah effective upon the completion of conveyance

15 from the State of Utah and acceptance of title by the United

16 States.
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1 (b) AUTHORIZATION.—The Secretary of the Interior is

2 authorized to acquire through exchange those lands and in3 terests in land described in subsection (a) which are owned

4 by the State of Utah, subject to valid existing rights.

5 SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN

6 RESERVATION.

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

8 securing in trust for the Goshute Indian Tribe certain lands

9 belonging to the State of Utah, which comprise approxi10 mately nine hundred eighty acres of surface and subsurface

11 estate, and an additional four hundred and eighty acres

12 of subsurface estate, as generally depicted on the map enti13 tled ‘‘Utah-Goshute Land Exchange’’, dated May 18, 1992,

14 such lands are hereby declared to be part of the Goshute

15 Indian Reservation in the State of Utah effective upon the

16 completion of conveyance from the State of Utah and ac17 ceptance of title by the United States.

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

19 authorized to acquire through exchange those lands and in20 terests in land described in subsection (a) which are owned

21 by the State of Utah, subject to valid existing rights.

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

23 land located in the State of Nevada, comprising approxi24 mately five acres more or less, together with all improve25 ments thereon, is hereby declared to be part of the Goshute
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1 Indian Reservation, and shall be held in trust for the

2 Goshute Indian Tribe: Township 30 North, Range 69 East,

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

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

5 shall be used for gaming or any related purpose.

6 SEC. 4. IMPLEMENTATION.

7 The exchanges authorized by sections 2 and 3 of this

8 Act shall be conducted without cost to the Navajo Nation

9 and the Goshute Indian Tribe.

10 SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST

11 SYSTEM.

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

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

14 the school and institutional trust lands by the State of Utah

15 within units of the National Forest System, comprising ap16 proximately seventy-six thousand acres as depicted on a

17 map entitled ‘‘Utah Forest Land Exchange’’, dated May 18,

18 1992.

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

20 pursuant to this section shall become a part of the national

21 forest within which such lands are located and shall be sub22 ject to all the laws and regulations applicable to the Na23 tional Forest System.
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1 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK

2 SYSTEM.

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

4 hereby authorized to accept on behalf of the United States

5 title to all school and institutional trust lands owned by

6 the State of Utah located within all units of the National

7 Park System, comprising approximately eighty thousand

8 acres, located within the State of Utah on the date of enact9 ment of this Act.

10 (b) STATUS.—(1) Notwithstanding any other provi11 sion of law, all lands of the State of Utah within units

12 of the National Park System that are conveyed to the

13 United States pursuant to this section shall become a part

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

15 shall be subject to all laws and regulations applicable to

16 that unit of the National Park System.

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

18 the exchange process of this Act, compensate the State of

19 Utah for the fair market value of five hundred eighty and

20 sixty-four one-hundredths acres within Capitol Reef Na21 tional Park that were conveyed by the State of Utah to the

22 United States on July 2, 1971, for which the State has

23 never been compensated. The fair market value of these

24 lands shall be established pursuant to section 8 of this Act.
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1 SEC. 7. OFFER TO STATE.

2 (a) SPECIFIC OFFERS.—Within thirty days after en3 actment of this Act, the Secretary of the Interior shall trans4 mit to the State of Utah a list of lands, or interests in lands,

5 within the State of Utah for transfer to the State of Utah

6 in exchange for the state lands and interests described in

7 sections 2, 3, 5, and 6 of this Act. Such list shall include

8 only the following Federal lands, or interests therein:

9 (1) Blue Mountain Telecommunications Site, fee

10 estate, approximately six hundred and forty acres.

11 (2) Beaver Mountain Ski Resort site, fee estate,

12 approximately three thousand acres, as generally de13 picted on the map entitled ‘‘Beaver Mountain Ski Re14 sort’’ dated September 16, 1992.

15 (3) The unleased coal located in the Winter

16 Quarters Tract.

17 (4) The unleased coal located in the Crandall

18 Canyon Tract.

19 (5) All royalties receivable by the United States

20 with respect to coal leases in the Quitchupah (Convul21 sion Canyon) Tract.

22 (6) The unleased coal located in the Cottonwood

23 Canyon Tract.

24 (7) The unleased coal located in the Soldier

25 Creek Tract.
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1 (b) ADDITIONAL OFFERS.—(1) In addition to the

2 lands and interests specified in subsection (a), the Secretary

3 of the Interior shall offer to the State of Utah a portion

4 of the royalties receivable by the United States with respect

5 to Federal geothermal, oil, gas, or other mineral interests

6 in Utah which on December 31, 1992, were under lease and

7 covered by an approved permit to drill or plan of develop8 ment and plan of reclamation, were in production, and

9 were not under administrative or judicial appeal.

10 (2) No offer under this subsection shall be for royalties

11 aggregating more than 50 per centum of the total appraised

12 value of the State lands described in sections 2, 3, 5, and

13 6.

14 (3) The Secretary shall make no offer under this sub15 section which would enable the State of Utah to receive roy16 alties under this section exceeding $25,000,000.

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

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

19 and (b) is less than the total value of the State lands de20 scribed in sections 2, 3, 5, and 6, the Secretary shall provide

21 the State a list of all public lands in Utah that as of Decem22 ber 31, 1992, the Secretary, in resource management plans

23 prepared pursuant to the Federal Land Policy and Manage24 ment Act of 1976, had identified as suitable for disposal

25 by exchange or otherwise, and shall offer to transfer to the
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1 State any or all of such lands, as selected by the State, in

2 partial exchange for such State lands, to the extent consist3 ent with other applicable laws and regulations.

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

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

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

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

8 the Secretary of Agriculture, and the Governor of the State

9 of Utah shall provide for an appraisal of the lands or inter10 ests therein involved in the exchanges authorized by this

11 Act. A detailed appraisal report shall utilize nationally rec12 ognized appraisal standards including, to the extent appro13 priate, the uniform appraisal standards for Federal land

14 acquisition.

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

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

17 parties have not agreed upon the final terms of some or

18 all of the exchanges authorized by this Act, including the

19 value of the lands involved in some or all of such exchanges,

20 notwithstanding any other provisions of law, any appro21 priate United States District Court, including but not lim22 ited to the United States District Court for the District of

23 Utah, Central Division, shall have jurisdiction to hear, de24 termine, and render judgment on the value of any and all

25 lands, or interests therein, involved in the exchange.
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1 (2) No action provided for in this subsection may be

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

3 five years after the date of enactment of this Act. Any deci4 sion of a District Court under this Act may be appealed

5 in accordance with the applicable laws and rules.

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

7 the selected Federal properties, the value of such properties

8 shall be the value otherwise established under this section,

9 less the percentage which represents the Federal revenue

10 sharing obligation, but such adjustment shall not be consid11 ered as reflecting a property right of the State of Utah.

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

13 pursuant to subsection 7(b) shall be adjusted to reflect net

14 present value as of the effective date of the exchange. The

15 State shall be entitled to receive a reasonable rate of interest

16 at a rate equivalent to a five-year Treasury note on the

17 balance of the value owed by the United States from the

18 effective date of the exchange until full value is received by

19 the State and mineral rights revert to the United States

20 as prescribed by subsection 9(a)(3).

21 SEC. 9. TRANSFER OF TITLE.

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

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

24 additional royalties described in section 7 that are offered

25 by the Secretary of the Interior and accepted by the State
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1 as are equal in value to the State lands and interests de2 scribed in sections 2, 3, 5, and 6.

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

4 conveyed to the State of Utah, the Secretary of the Interior

5 shall convey, subject to valid existing rights, all right, title,

6 and interest, subject to the provisions of subsection (b). For

7 those properties where less than fee simple is to be conveyed

8 to the State of Utah, the Secretary shall reserve to the

9 United States all remaining right, title, and interest of the

10 United States.

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

12 described in section 7 that are conveyed to the State of Utah

13 pursuant to this Act shall revert to the United States upon

14 removal of minerals equal in value to the value attributed

15 to such rights in connection with an exchange under this

16 Act.

17 (4) If the State of Utah accepts the offers provided for

18 in this Act, the State shall convey to the United States, sub19 ject to valid existing rights, all right, title, and interest of

20 the State to all school and institutional trust lands de21 scribed in sections 2, 3, 5, and 6 of this Act. Except as

22 provided in section 7(b), conveyance of all lands or interests

23 in lands shall take place within sixty days following agree24 ment by the Secretary of the Interior and the Governor of
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1 the State of Utah, or entry of an appropriate order of judg2 ment by the District Court.

3 (b) INSPECTIONS.—Both parties shall inspect all perti4 nent records and shall conduct a physical inspection of the

5 lands to be exchanged pursuant to this Act for the presence

6 of any hazardous materials as presently defined by applica7 ble law. The results of those inspections shall be made avail8 able to the parties. Responsibility for costs of remedial ac9 tion related to materials identified by such inspections shall

10 be borne by those entities responsible under existing law.

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

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

13 shall be construed as satisfying the provisions of section

14 206(a) of the Federal Land Policy and Management Act

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

16 interest.

17 (2) Development of any mineral interest transferred

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

19 to all laws, rules, and regulations applicable to development

20 of non-Federal mineral interests, including, where appro21 priate, laws, rules, and regulations applicable to such devel22 opment within National Forests. Extraction of any coal re23 sources described in section 7(a) shall occur only through

24 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 Represent8 atives and the Committee on Energy and Natural Resources

9 of the United States Senate, and each such map and de10 scription shall have the same force and effect as if included

11 in this Act, except that the appropriate Secretary may cor12 rect clerical and typographical errors in each such legal de13 scription and map. Each such map and legal description

14 shall be on file and available for public inspection in the

15 offices of the Secretary of Agriculture and the Secretary of

16 the Interior and the Utah offices of the appropriate agencies

17 of the Department of the Interior and Department of Agri18 culture.

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 the

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

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

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

3 (c) INTENT.—The lands and interests described in sec4 tion 7 are an offer related only to the State lands and inter5 ests described in this Act, and nothing in this Act shall be

6 construed as precluding conveyance of other lands or inter7 ests to the State of Utah pursuant to other exchanges under

8 applicable existing law or subsequent act of Congress. It is

9 the intent of Congress that the State should establish a fund10 ing mechanism, or some other mechanism, to assure that

11 counties within the State are treated equitably as a result

12 of this exchange.

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

14 shall each bear its own respective costs incurred in the im15 plementation of this Act.

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

17 ‘‘School and Institutional Trust Lands’’ means those prop18 erties granted by the United States in the Utah Enabling

19 Act to the State of Utah in trust and other lands which

20 under State law must be managed for the benefit of the pub21 lic school system or the institutions of the State which are

22 designated by the Utah Enabling Act; and (2) ‘‘Secretary’’

23 means the Secretary of the Interior; unless specifically de24 fined otherwise.
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1 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated such sums as

3 are necessary to carry out this Act.

Attest:

Clerk.