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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 184

To provide for the exchange of certain lands within the State of Utah, 
                        and for other purposes.

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                   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.

    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. DEFINITIONS.

    As used in this Act (except as otherwise provided):
            (1) Governor.--The term ``Governor'' means the Governor of 
        the State.
            (2) School and institutional trust lands.--The term 
        ``school and institutional trust lands'' means certain lands 
        comprising approximately 200,000 acres, consisting of--
                    (A) those lands granted by the United States by the 
                Act entitled ``An Act to enable the people of Utah to 
                form a constitution and State government, and to be 
                admitted into the Union on an equal footing with the 
                original States'', approved July 16, 1894 (28 Stat. 
                107) (commonly known as the ``Utah Enabling Act''), to 
                the State in trust; and
                    (B) other lands that under State law are required 
                to be managed for the benefit of the public school 
                system or the institutions of the State that are 
                designated by such Act.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of Utah.

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

    (a) Additions to Reservation.--
            (1) In general.--For the purpose of securing in trust for 
        the Navajo Nation certain lands belonging to the State, the 
        lands described in paragraph (2) shall become part of the 
        Navajo Indian Reservation in the State upon the completion of 
        conveyance from the State and acceptance of title by the United 
        States.
            (2) Lands.--The lands referred to in paragraph (1) comprise 
        approximately 38,500 acres of surface and subsurface estate, 
        and approximately an additional 9,500 acres of subsurface 
        estate, as generally depicted on the map entitled ``Utah-Navajo 
        Land Exchange'', dated May 18, 1992.
    (b) Authorization of Exchange.--
            (1) In general.--The Secretary may acquire through exchange 
        the lands described in subsection (a)(2), subject to valid 
        existing rights.
            (2) Costs.--The exchange authorized by paragraph (1) shall 
        be conducted without cost to the Navajo Nation.

SEC. 4. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION.

    (a) Additions to Reservation of Utah Lands.--
            (1) In general.--For the purpose of securing in trust for 
        the Goshute Indian Tribe certain lands belonging to the State, 
        the lands described in paragraph (2) shall become part of the 
        Goshute Indian Reservation in the State upon the completion of 
        conveyance from the State and acceptance of title by the United 
        States.
            (2) Lands.--The lands referred to in paragraph (1) comprise 
        approximately 980 acres of surface and subsurface estate, and 
        an additional 480 acres of subsurface estate, as generally 
        depicted on the map entitled ``Utah-Goshute Land Exchange'', 
        dated May 18, 1992.
            (3) Authorization of exchange.--
                    (A) In general.--The Secretary may acquire through 
                exchange the lands described in paragraph (2), subject 
                to valid existing rights.
                    (B) Costs.--The exchange authorized by subparagraph 
                (A) shall be conducted without cost to the Goshute 
                Indian Tribe.
    (b) Additions to Reservation of Nevada Lands.--
            (1) In general.--The Federal lands located in the State of 
        Nevada and described in paragraph (2), together with all 
        improvements on the lands, are declared to be part of the 
        Goshute Indian Reservation, and shall be held in trust for the 
        Goshute Indian Tribe.
            (2) Lands.--The lands referred to in paragraph (1) comprise 
        approximately 5 acres and have the following legal description: 
        Township 30 North, range 69 East, Lots 5, 6, 7, 9, 11, and 14 
        of section 34.
            (3) Use of lands.--No part of the lands described in 
        paragraph (2) shall be used for gaming or any related purpose.

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

    (a) Authorization of Acquisition.--The Secretary of Agriculture may 
accept on behalf of the United States the school and institutional 
trust lands that--
            (1) are owned by the State;
            (2) are located within units of the National Forest System; 
        and
            (3) comprise approximately 76,000 acres, as generally 
        depicted on the 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 part of the national forest within which the 
lands are located and shall be subject to all laws applicable to the 
National Forest System.

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

    (a) Authorization of Acquisition.--The Secretary may accept on 
behalf of the United States all school and institutional trust lands 
that are--
            (1) owned by the State; and
            (2) located within the units of the National Park System 
        located within the State on the date of enactment of this Act.
    (b) Status.--
            (1) In general.--All lands of the State within units of the 
        National Park System that are conveyed to the United States 
        pursuant to this section shall become part of the appropriate 
        unit of the National Park System and shall be subject to all 
        laws applicable to that unit of the National Park System.
            (2) Capitol reef national park lands.--
                    (A) In general.--The Secretary shall, as a part of 
                the exchange process pursuant to this Act, compensate 
                the State for the fair market value of 580.64 acres 
                within Capitol Reef National Park that were conveyed by 
                the State to the United States on July 2, 1971 (for 
                which the State has never been compensated).
                    (B) Fair market value.--The fair market value of 
                these lands shall be determined pursuant to section 8.

SEC. 7. OFFER TO STATE.

    (a) Specific Offers.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Governor a list of lands and interests in lands within the 
        State for transfer to the State in exchange for the State lands 
        and interests described in sections 3, 4, 5, and 6.
            (2) List.--The list described in paragraph (1) shall 
        consist of the following Federal lands and interests in lands:
                    (A) Blue Mountain Telecommunications Site, fee 
                estate, approximately 640 acres.
                    (B) Beaver Mountain Ski Resort Site, fee estate, 
                approximately 3,000 acres, as generally depicted on the 
                map entitled ``Beaver Mountain Ski Resort'', dated 
                September 16, 1992.
                    (C) The unleased coal located in the Winter 
                Quarters tract.
                    (D) The unleased coal located in the Crandall 
                Canyon tract.
                    (E) All royalties receivable by the United States 
                with respect to coal leases in the Quitchupah 
                (Convulsion Canyon) tract.
                    (F) The unleased coal located in the Cottonwood 
                Canyon tract.
                    (G) The unleased coal located in the Soldier Creek 
                tract.
    (b) Additional Offers of Royalties.--
            (1) In general.--In addition to the lands and interests 
        described in subsection (a)(2), and subject to paragraph (2), 
        the Secretary shall offer to the State a portion of the 
        royalties receivable by the United States with respect to 
        Federal geothermal, oil, gas, and other mineral interests in 
        the State that on December 31, 1992--
                    (A) were under lease;
                    (B) were covered by an approved permit to drill or 
                a plan of development and plan of reclamation;
                    (C) were in production; and
                    (D) were not under administrative or judicial 
                appeal.
            (2) Limitations on offers.--
                    (A) Percentage of value of state lands.--The 
                Secretary may not make an offer pursuant to this 
                subsection for royalties aggregating more than 50 
                percent of the total appraised value of the State lands 
                described in sections 3, 4, 5, and 6.
                    (B) Dollar amount limitation.--The Secretary may 
                not make an offer pursuant to this subsection that 
                would enable the State to receive royalties under this 
                section in an amount that exceeds $12,500,000 annually.
    (c) Insufficiency of Value of Offer to State.--If the total value 
of lands, interests in lands, 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 3, 4, 5, and 6, the Secretary shall--
            (1) provide the Governor a list of all public lands in the 
        State that as of December 31, 1992, the Secretary had 
        identified in resource management plans prepared pursuant to 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1701 et seq.) as suitable for disposal by exchange or 
        otherwise; and
            (2) offer to transfer to the State any or all of the lands, 
        as selected by the State, in partial exchange for the State 
        lands, to the extent consistent with other applicable law.

SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.

    (a) In General.--
            (1) Equal value.--All exchanges made pursuant to this Act 
        shall be for equal value.
            (2) Appraisals.--Not later than 90 days after the date of 
        enactment of this Act, the Secretary, the Secretary of 
        Agriculture, and the Governor shall provide for an appraisal of 
        the lands and interests in lands involved in the exchanges 
        authorized by this Act.
            (3) Appraisal reports.--Each detailed appraisal report 
        prepared pursuant to paragraph (2) shall utilize nationally 
        recognized appraisal standards including, to the extent 
        appropriate, the Uniform Appraisal Standards for Federal Land 
        Acquisitions.
    (b) Interest on Royalty Offers.--Any royalty offer by the Secretary 
pursuant to section 7(b) shall be adjusted to reflect the 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 equal to 
the average yield on 5-year Treasury notes issued during the previous 
fiscal year 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 pursuant to 
section 9(a)(3)(A).
    (c) Adjustment for Revenue Sharing.--
            (1) In general.--If the State shares revenue from any 
        lands, interest in lands, or royalty transferred to the State 
        under this Act, the value of the lands, interest in lands, or 
        royalty shall be the value otherwise established under this 
        section, less the percentage that represents the Federal 
        revenue sharing obligation.
            (2) Limitation.--The adjustment described in paragraph (1) 
        shall not be considered to reflect a property right of the 
        State.
    (d) Dispute Resolution.--
            (1) In general.--If, after the date that is 2 years after 
        the date of enactment of this Act, the parties described in 
        subsection (a)(2) have not agreed on 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 the exchanges), a 
        party may bring an action in the United States District Court 
        for the District of Utah, Central Division, concerning the 
        value of any and all lands, or interests in lands, involved in 
        the exchange.
            (2) Time for filing.--Any action described in paragraph (1) 
        may be filed with the court not earlier than the date that is 2 
        years after the date of enactment of this Act and not later 
        than the date that is 5 years after the date of enactment of 
        this Act.
            (3) Appeals.--Any decision of the court under this 
        subsection may be appealed in accordance with applicable law.

SEC. 9. TRANSFER OF TITLE.

    (a) Terms.--
            (1) Exchange.--
                    (A) Entitlement.--The State shall be entitled to 
                receive such lands, interests in lands, and royalties 
                described in section 7 as--
                            (i) are offered by the Secretary and 
                        accepted by the State; and
                            (ii) are equal in value to the State lands 
                        and interests in lands described in sections 3, 
                        4, 5, and 6.
                    (B) Conveyance by the state.--
                            (i) In general.--If the State accepts the 
                        offers described in subparagraph (A), the State 
                        shall convey to the United States, subject to 
                        valid existing rights, all right, title, and 
                        interest of the State to the school and 
                        institutional trust lands, as described in 
                        sections 3, 4, 5, and 6.
                            (ii) Timing.--Except as provided in section 
                        7(b), conveyance of all lands or interests in 
                        lands shall take place not later than 60 days 
                        after agreement by the Secretary and the 
                        Governor, or entry of an appropriate order of 
                        judgment by the district court.
            (2) Rights conveyed.--
                    (A) Fee simple titles.--Subject to subsection (b), 
                for each property described in paragraph (1)(A) for 
                which fee simple title is to be conveyed to the State, 
                the Secretary shall convey, subject to valid existing 
                rights, all right, title, and interest in the property.
                    (B) Other rights.--For each property described in 
                paragraph (1)(A) for which less than fee simple title 
                is to be conveyed to the State, the Secretary shall 
                reserve to the United States all remaining right, 
                title, and interest of the United States.
            (3) Minerals.--
                    (A) Rights.--All right, title, and interest in any 
                mineral rights described in section 7 that are conveyed 
                to the State pursuant to this Act shall revert to the 
                United States upon removal of minerals equal in value 
                to the value attributed to the rights in connection 
                with an exchange under this Act.
                    (B) Development of mineral interests.--Development 
                of any mineral interest transferred to the State 
                pursuant to this Act shall be subject to all laws 
                applicable to the development of non-Federal mineral 
                interests, including, when appropriate, laws applicable 
                to the development of non-Federal mineral interests 
                within national forests.
    (b) Inspections for Hazardous Materials.--
            (1) In general.--Prior to any exchange under this Act, the 
        Secretary and the Governor 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 defined by applicable law at the time 
        of the inspection).
            (2) Availability of results.--Each party described in 
        paragraph (1) shall make available to the other party the 
        results of each inspection conducted pursuant to paragraph (1).
            (3) Remedial action.--Responsibility for costs of remedial 
        action related to materials identified by the inspections 
        described in paragraph (1) shall be borne by those entities 
        responsible under existing law.
    (c) Public Interest Requirement.--With respect to the lands and 
interests described in section 7, the requirement of section 206(a) of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)) 
that exchanges of lands be in the public interest is deemed to be met.

SEC. 10. MAPS AND LEGAL DESCRIPTIONS.

    (a) Filing.--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 
Energy and Natural Resources of the Senate and the Committee on 
Interior and Insular Affairs of the House of Representatives.
    (b) Force and Effect.--Each map and legal description described in 
paragraph (1) 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 map and legal description.
    (c) Public Inspection.--Each map and legal description shall be on 
file and available for public inspection in--
            (1) the offices of the Secretary of Agriculture and the 
        Secretary of the Interior in Washington, District of Columbia; 
        and
            (2) the offices of the appropriate agencies of the 
        Department of the Interior and the Department of Agriculture in 
        the State.

SEC. 11. PAYMENTS IN LIEU OF TAXES.

    Section 6902(b) of title 31, United States Code, is amended by 
adding at the end the following new sentences: ``This subsection shall 
not apply to payments for lands located in the State of Utah and 
acquired by the United States if, at the time of the acquisition, a 
unit of general local government, under applicable State law, was 
entitled to receive payments from the State for the lands. In the case 
described in the preceding sentence, a payment under this chapter with 
respect to the acquired lands may not exceed the payment that would 
have been made under State law if the lands had not been acquired.''.

SEC. 12. CONGRESSIONAL INTENT.

    (a) Effect on Future Exchanges.--The lands and interests described 
in section 7 are an offer related only to the State lands and interests 
in lands described in this Act. Nothing in this Act is intended to 
preclude conveyance of other lands or interests to the State pursuant 
to other exchanges under applicable law in existence on the date of 
enactment of this Act or enacted after the date.
    (b) Equitable Treatment of Counties.--It is the intent of Congress 
that the State should establish a funding mechanism, or some other 
mechanism, to ensure that counties within the State are treated 
equitably as a result of the exchanges made pursuant to this Act.

SEC. 13. COSTS.

    The United States and the State shall each bear its own respective 
costs incurred in carrying out this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.

                                 <all>

S 184 IS----2
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