Calendar No. 94

103D CONGRESS

1ST SESSION S. 184

[Report No. 103–56]

A BILL

To provide for the exchange of certain lands within

the State of Utah, and for other purposes.

JUNE 16 (legislative day, JUNE 15), 1993

Reported with an amendment
II

Calendar No. 94

103D CONGRESS

1ST SESSION S. 184

[Report No. 103–56]

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

JUNE 16 (legislative day, JUNE 15), 1993

Reported by Mr. JOHNSTON, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

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’’.
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1 SEC. 2. DEFINITIONS.

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

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

4 the Governor of the State.

5 (2) SCHOOL AND INSTITUTIONAL TRUST

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

7 lands’’ means certain lands comprising approxi8 mately 200,000 acres, consisting of—

9 (A) those lands granted by the United

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

11 the people of Utah to form a constitution and

12 State government, and to be admitted into the

13 Union on an equal footing with the original

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

15 (commonly known as the ‘‘Utah Enabling

16 Act’’), to the State in trust; and

17 (B) other lands that under State law are

18 required to be managed for the benefit of the

19 public school system or the institutions of the

20 State that are designated by such Act.

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

22 the Secretary of the Interior.

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

24 of Utah.
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1 SEC. 3. STATE LANDS WITHIN THE NAVAJO INDIAN RES2 ERVATION.

3 (a) ADDITIONS TO RESERVATION.—

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

5 in trust for the Navajo Nation certain lands belong6 ing to the State, the lands described in paragraph

7 (2) shall become part of the Navajo Indian Reserva8 tion in the State upon the completion of conveyance

9 from the State and acceptance of title by the United

10 States.

11 (2) LANDS.—The lands referred to in para12 graph (1) comprise approximately 38,500 acres of

13 surface and subsurface estate, and approximately an

14 additional 9,500 acres of subsurface estate, as gen15 erally depicted on the map entitled ‘‘Utah-Navajo

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

17 (b) AUTHORIZATION OF EXCHANGE.—

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

19 through exchange the lands described in subsection

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

21 (2) COSTS.—The exchange authorized by para22 graph (1) shall be conducted without cost to the

23 Navajo Nation.
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1 SEC. 4. STATE LANDS WITHIN THE GOSHUTE INDIAN RES2 ERVATION.

3 (a) ADDITIONS TO RESERVATION OF UTAH

4 LANDS.—

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

6 in trust for the Goshute Indian Tribe certain lands

7 belonging to the State, the lands described in para8 graph (2) shall become part of the Goshute Indian

9 Reservation in the State upon the completion of con10 veyance from the State and acceptance of title by

11 the United States.

12 (2) LANDS.—The lands referred to in para13 graph (1) comprise approximately 980 acres of sur14 face and subsurface estate, and an additional 480

15 acres of subsurface estate, as generally depicted on

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

17 dated May 18, 1992.

18 (3) AUTHORIZATION OF EXCHANGE.—

19 (A) IN GENERAL.—The Secretary may ac20 quire through exchange the lands described in

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

22 (B) COSTS.—The exchange authorized by

23 subparagraph (A) shall be conducted without

24 cost to the Goshute Indian Tribe.

25 (b) ADDITIONS TO RESERVATION OF NEVADA

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

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

3 together with all improvements on the lands, are de4 clared to be part of the Goshute Indian Reservation,

5 and shall be held in trust for the Goshute Indian

6 Tribe.

7 (2) LANDS.—The lands referred to in para8 graph (1) comprise approximately 5 acres and have

9 the following legal description: Township 30 North,

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

11 34.

12 (3) USE OF LANDS.—No part of the lands de13 scribed in paragraph (2) shall be used for gaming or

14 any related purpose.

15 SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYS16 TEM.

17 (a) AUTHORIZATION OF ACQUISITION.—The Sec18 retary of Agriculture may accept on behalf of the United

19 States the school and institutional trust lands that—

20 (1) are owned by the State;

21 (2) are located within units of the National

22 Forest System; and

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

24 generally depicted on the map entitled ‘‘Utah Forest

25 Land Exchange’’, dated May 18, 1992.
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1 (b) STATUS.—Any lands acquired by the United

2 States pursuant to this section shall become part of the

3 national forest within which the lands are located and

4 shall be subject to all laws applicable to the National For5 est System.

6 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYS7 TEM.

8 (a) AUTHORIZATION OF ACQUISITION.—The Sec9 retary may accept on behalf of the United States all school

10 and institutional trust lands that are—

11 (1) owned by the State; and

12 (2) located within the units of the National

13 Park System located within the State on the date of

14 enactment of this Act.

15 (b) STATUS.—

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

17 units of the National Park System that are conveyed

18 to the United States pursuant to this section shall

19 become part of the appropriate unit of the National

20 Park System and shall be subject to all laws applica21 ble to that unit of the National Park System.

22 (2) CAPITOL REEF NATIONAL PARK LANDS.—

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

24 a part of the exchange process pursuant to this

25 Act, compensate the State for the fair market
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1 value of 580.64 acres within Capitol Reef Na2 tional Park that were conveyed by the State to

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

4 the State has never been compensated).

5 (B) FAIR MARKET VALUE.—The fair mar6 ket value of these lands shall be determined

7 pursuant to section 8.

8 SEC. 7. OFFER TO STATE.

9 (a) SPECIFIC OFFERS.—

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

11 the date of enactment of this Act, the Secretary

12 shall transmit to the Governor a list of lands and in13 terests in lands within the State for transfer to the

14 State in exchange for the State lands and interests

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

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

17 shall consist of the following Federal lands and in18 terests in lands:

19 (A) Blue Mountain Telecommunications

20 Site, fee estate, approximately 640 acres.

21 (B) Beaver Mountain Ski Resort Site, fee

22 estate, approximately 3,000 acres, as generally

23 depicted on the map entitled ‘‘Beaver Mountain

24 Ski Resort’’, dated September 16, 1992.
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1 (C) The unleased coal located in the Win2 ter Quarters tract.

3 (D) The unleased coal located in the

4 Crandall Canyon tract.

5 (E) All royalties receivable by the United

6 States with respect to coal leases in the

7 Quitchupah (Convulsion Canyon) tract.

8 (F) The unleased coal located in the Cot9 tonwood Canyon tract.

10 (G) The unleased coal located in the Sol11 dier Creek tract.

12 (b) ADDITIONAL OFFERS OF ROYALTIES.—

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

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

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

16 State a portion of the royalties receivable by the

17 United States with respect to Federal geothermal,

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

19 on December 31, 1992—

20 (A) were under lease;

21 (B) were covered by an approved permit to

22 drill or a plan of development and plan of rec23 lamation;

24 (C) were in production; and
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1 (D) were not under administrative or judi2 cial appeal.

3 (2) LIMITATIONS ON OFFERS.—

4 (A) PERCENTAGE OF VALUE OF STATE

5 LANDS.—The Secretary may not make an offer

6 pursuant to this subsection for royalties aggre7 gating more than 50 percent of the total ap8 praised value of the State lands described in

9 sections 3, 4, 5, and 6.

10 (B) DOLLAR AMOUNT LIMITATION.—The

11 Secretary may not make an offer pursuant to

12 this subsection that would enable the State to

13 receive royalties under this section in an

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

15 (c) INSUFFICIENCY OF VALUE OF OFFER TO

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

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

18 and (b) is less than the total value of the State lands de19 scribed in sections 3, 4, 5, and 6, the Secretary shall—

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

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

22 the Secretary had identified in resource management

23 plans prepared pursuant to the Federal Land Policy

24 and Management Act of 1976 (43 U.S.C. 1701 et
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1 seq.) as suitable for disposal by exchange or other2 wise; and

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

4 the lands, as selected by the State, in partial ex5 change for the State lands, to the extent consistent

6 with other applicable law.

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

8 (a) IN GENERAL.—

9 (1) EQUAL VALUE.—All exchanges made pursu10 ant to this Act shall be for equal value.

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

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

13 Secretary of Agriculture, and the Governor shall

14 provide for an appraisal of the lands and interests

15 in lands involved in the exchanges authorized by this

16 Act.

17 (3) APPRAISAL REPORTS.—Each detailed ap18 praisal report prepared pursuant to paragraph (2)

19 shall utilize nationally recognized appraisal stand20 ards including, to the extent appropriate, the Uni21 form Appraisal Standards for Federal Land Acquisi22 tions.

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

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

25 adjusted to reflect the net present value as of the effective
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1 date of the exchange. The State shall be entitled to receive

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

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

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

5 States from the effective date of the exchange until full

6 value is received by the State and mineral rights revert

7 to the United States pursuant to section 9(a)(3)(A).

8 (c) ADJUSTMENT FOR REVENUE SHARING.—

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

10 from any lands, interest in lands, or royalty trans11 ferred to the State under this Act, the value of the

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

13 otherwise established under this section, less the per14 centage that represents the Federal revenue sharing

15 obligation.

16 (2) LIMITATION.—The adjustment described in

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

18 property right of the State.

19 (d) DISPUTE RESOLUTION.—

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

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

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

23 agreed on the final terms of some or all of the ex24 changes authorized by this Act (including the value

25 of the lands involved in some or all of the ex-
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1 changes), a party may bring an action in the United

2 States District Court for the District of Utah,

3 Central Division, concerning the value of any and all

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

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

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

7 than the date that is 2 years after the date of enact8 ment of this Act and not later than the date that

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

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

11 this subsection may be appealed in accordance with

12 applicable law.

13 SEC. 9. TRANSFER OF TITLE.

14 (a) TERMS.—

15 (1) EXCHANGE.—

16 (A) ENTITLEMENT.—The State shall be

17 entitled to receive such lands, interests in lands,

18 and royalties described in section 7 as—

19 (i) are offered by the Secretary and

20 accepted by the State; and

21 (ii) are equal in value to the State

22 lands and interests in lands described in

23 sections 3, 4, 5, and 6.

24 (B) CONVEYANCE BY THE STATE.—
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1 (i) IN GENERAL.—If the State accepts

2 the offers described in subparagraph (A),

3 the State shall convey to the United

4 States, subject to valid existing rights, all

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

6 school and institutional trust lands, as de7 scribed in sections 3, 4, 5, and 6.

8 (ii) TIMING.—Except as provided in

9 section 7(b), conveyance of all lands or in10 terests in lands shall take place not later

11 than 60 days after agreement by the Sec12 retary and the Governor, or entry of an

13 appropriate order of judgment by the dis14 trict court.

15 (2) RIGHTS CONVEYED.—

16 (A) FEE SIMPLE TITLES.—Subject to sub17 section (b), for each property described in para18 graph (1)(A) for which fee simple title is to be

19 conveyed to the State, the Secretary shall con20 vey, subject to valid existing rights, all right,

21 title, and interest in the property.

22 (B) OTHER RIGHTS.—For each property

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

24 than fee simple title is to be conveyed to the

25 State, the Secretary shall reserve to the United
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1 States all remaining right, title, and interest of

2 the United States.

3 (3) MINERALS.—

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

5 in any mineral rights described in section 7 that

6 are conveyed to the State pursuant to this Act

7 shall revert to the United States upon removal

8 of minerals equal in value to the value attrib9 uted to the rights in connection with an ex10 change under this Act.

11 (B) DEVELOPMENT OF MINERAL INTER12 ESTS.—Development of any mineral interest

13 transferred to the State pursuant to this Act

14 shall be subject to all laws applicable to the de15 velopment of non-Federal mineral interests, in16 cluding, when appropriate, laws applicable to

17 the development of non-Federal mineral inter18 ests within national forests.

19 (b) INSPECTIONS FOR HAZARDOUS MATERIALS.—

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

21 this Act, the Secretary and the Governor shall in22 spect all pertinent records and shall conduct a phys23 ical inspection of the lands to be exchanged pursuant

24 to this Act for the presence of any hazardous mate-
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1 rials (as defined by applicable law at the time of the

2 inspection).

3 (2) AVAILABILITY OF RESULTS.—Each party

4 described in paragraph (1) shall make available to

5 the other party the results of each inspection con6 ducted pursuant to paragraph (1).

7 (3) REMEDIAL ACTION.—Responsibility for

8 costs of remedial action related to materials identi9 fied by the inspections described in paragraph (1)

10 shall be borne by those entities responsible under ex11 isting law.

12 (c) PUBLIC INTEREST REQUIREMENT.—With respect

13 to the lands and interests described in section 7, the re14 quirement of section 206(a) of the Federal Land Policy

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

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

17 be met.

18 SEC. 10. MAPS AND LEGAL DESCRIPTIONS.

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

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

21 the lands added to the Navajo and Goshute Indian Res22 ervations and all lands exchanged under this Act shall be

23 filed by the appropriate Secretary with the Committee on

24 Energy and Natural Resources of the Senate and the
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1 Committee on Interior and Insular Affairs of the House

2 of Representatives.

3 (b) FORCE AND EFFECT.—Each map and legal de4 scription described in paragraph (1) shall have the same

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

6 appropriate Secretary may correct clerical and typo7 graphical errors in each map and legal description.

8 (c) PUBLIC INSPECTION.—Each map and legal de9 scription shall be on file and available for public inspection

10 in—

11 (1) the offices of the Secretary of Agriculture

12 and the Secretary of the Interior in Washington,

13 District of Columbia; and

14 (2) the offices of the appropriate agencies of

15 the Department of the Interior and the Department

16 of Agriculture in the State.

17 SEC. 11. PAYMENTS IN LIEU OF TAXES.

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

19 amended by adding at the end the following new sen20 tences: ‘‘This subsection shall not apply to payments for

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

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

23 general local government, under applicable State law, was

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

25 In the case described in the preceding sentence, a payment
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1 under this chapter with respect to the acquired lands may

2 not exceed the payment that would have been made under

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

4 SEC. 12. CONGRESSIONAL INTENT.

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

6 and interests described in section 7 are an offer related

7 only to the State lands and interests in lands described

8 in this Act. Nothing in this Act is intended to preclude

9 conveyance of other lands or interests to the State pursu10 ant to other exchanges under applicable law in existence

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

12 date.

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

14 the intent of Congress that the State should establish a

15 funding mechanism, or some other mechanism, to ensure

16 that counties within the State are treated equitably as a

17 result of the exchanges made pursuant to this Act.

18 SEC. 13. COSTS.

19 The United States and the State shall each bear its

20 own respective costs incurred in carrying out this Act.

21 SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

22 There are authorized to be appropriated such sums

23 as are necessary to carry out this Act.
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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 areas 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.

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

18 authorized to acquire through exchange those lands and in19 terests in land described in subsection (a) which are owned

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

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

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

24 securing in trust for the Goshute Indian Tribe certain lands

25 belonging to the State of Utah, which comprise approxi26 mately nine hundred eighty acres of surface and subsurface
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1 estate, and an additional four hundred and eighty acres

2 of subsurface estate, as generally depicted on the map enti3 tled ‘‘Utah-Goshute Land Exchange’’, dated May 18, 1992,

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

5 Indian Reservation in the State of Utah effective upon the

6 completion of conveyance from the State of Utah and ac7 ceptance of title by the United States.

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

9 authorized to acquire through exchange those lands and in10 terests in land described in subsection (a) which are owned

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

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

13 land located in the State of Nevada, comprising approxi14 mately five acres more or less, together with all improve15 ments thereon, is hereby declared to be part of the Goshute

16 Indian Reservation, and shall be held in trust for the

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

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

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

20 shall be used for gaming or any related purpose.

21 SEC. 4. IMPLEMENTATION.

22 The exchanges authorized by sections 2 and 3 of this

23 Act shall be conducted without cost to the Navajo Nation

24 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 is

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

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

6 within units of the National Forest System, comprising ap7 proximately seventy-six thousand acres as depicted on a

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

9 1992.

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

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

12 forest within which such lands are located and shall be sub13 ject to all the laws and regulations applicable to the Na14 tional Forest System.

15 SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYS16 TEM.

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

18 hereby authorized to accept on behalf of the United States

19 title to all school and institutional trust lands owned by

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

21 Park System, comprising approximately eighty thousand

22 acres, located within the State of Utah on the date of enact23 ment 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 Unit-
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1 ed States pursuant to this section shall become a part of

2 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 of

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

8 sixty-four one-hundredths acres within Capitol Reef Na9 tional Park that were conveyed by the State of Utah to the

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

11 never been compensated. The fair market value of these

12 lands shall be established pursuant to section 8 of this Act.

13 SEC. 7. OFFER TO STATE.

14 (a) SPECIFIC OFFERS.—Within thirty days after en15 actment of this Act, the Secretary of the Interior shall trans16 mit to the State of Utah a list of lands, or interests in lands,

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

18 in exchange for the state lands and interests described in

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

20 only the following Federal lands, or interests therein:

21 (1) Blue Mountain Telecommunications Site, fee

22 estate, approximately six hundred and forty acres.

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

24 approximately three thousand acres, as generally de-
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1 picted on the map entitled ‘‘Beaver Mountain Ski Re2 sort’’ dated September 16, 1992.

3 (3) The unleased coal located in the Winter

4 Quarters Tract.

5 (4) The unleased coal located in the Crandall

6 Canyon Tract.

7 (5) All royalties receivable by the United States

8 with respect to coal leases in the Quitchupah (Convul9 sion Canyon) Tract.

10 (6) The unleased coal located in the Cottonwood

11 Canyon Tract.

12 (7) The unleased coal located in the Soldier

13 Creek Tract.

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

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

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

17 of the royalties receivable by the United States with respect

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

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

20 covered by an approved permit to drill or plan of develop21 ment and plan of reclamation, were in production, and

22 were not under administrative or judicial appeal.

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

24 aggregating more than 50 per centum of the total appraised
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1 value of the State lands described in sections 2, 3, 5, and

2 6.

3 (3) The Secretary shall make no offer under this sub4 section which would enable the State of Utah to receive roy5 alties under this section exceeding $12,500,000 annually.

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

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

8 and (b) is less than the total value of the State lands de9 scribed in sections 2, 3, 5, and 6, the Secretary shall provide

10 the State a list of all public lands in Utah that as of Decem11 ber 31, 1992, the Secretary, in resource management plans

12 prepared pursuant to the Federal Land Policy and Manage13 ment Act of 1976, had identified as suitable for disposal

14 by exchange or otherwise, and shall offer to transfer to the

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

16 partial exchange for such State lands, to the extent consist17 ent with other applicable laws and regulations.

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

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

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

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

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

23 of Utah shall provide for an appraisal of the lands or inter24 ests therein involved in the exchanges authorized by this

25 Act. A detailed appraisal report shall utilize nationally rec-
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1 ognized appraisal standards including, to the extent appro2 priate, the uniform appraisal standards for Federal land

3 acquisition.

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

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

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

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

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

9 notwithstanding any other provisions of law, the United

10 States District Court for the District of Utah, Central Divi11 sion, shall have jurisdiction to hear, determine, and render

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

13 therein, involved in the exchange.

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

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

16 five years after the date of enactment of this Act. Any deci17 sion of a District Court under this Act may be appealed

18 in accordance with the applicable laws and rules.

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

20 the selected Federal properties, the value of such properties

21 shall be the value otherwise established under this section,

22 less the percentage which represents the Federal revenue

23 sharing obligation, but such adjustment shall not be consid24 ered as reflecting a property right of the State of Utah.
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1 (d) INTEREST.—Any royalty offer by the Secretary

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

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

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

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

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

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

8 the State and mineral rights revert to the United States

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

10 SEC. 9. TRANSFER OF TITLE.

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

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

13 additional royalties described in section 7 that are offered

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

15 as are equal in value to the State lands and interests de16 scribed in sections 2, 3, 5, and 6.

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

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

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

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

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

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

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

24 United States.
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1 (3) All right, title, and interest in any mineral rights

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

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

4 removal of minerals equal in value to the value attributed

5 to such rights in connection with an exchange under this

6 Act.

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

8 in this Act, the State shall convey to the United States, sub9 ject to valid existing rights, all right, title, and interest of

10 the State to all school and institutional trust lands de11 scribed in sections 2, 3, 5, and 6 of this Act. Except as

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

13 in lands shall take place within sixty days following agree14 ment by the Secretary of the Interior and the Governor of

15 the State of Utah, or entry of an appropriate order of judg16 ment by the District Court.

17 (b) INSPECTIONS.—Both parties shall inspect all perti18 nent records and shall conduct a physical inspection of the

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

20 of any hazardous materials as presently defined by applica21 ble law. The results of those inspections shall be made avail22 able to the parties. Responsibility for costs of remedial ac23 tion related to materials identified by such inspections shall

24 be borne by those entities responsible under existing law.
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1 (c) CONDITIONS.—(1) With respect to the lands and

2 interests described in section 7, enactment of this Act shall

3 be construed as satisfying the provisions of section 206(a)

4 of the Federal Land Policy and Management Act of 1976

5 requiring that exchanges of lands be in the public interest.

6 (2) Development of any mineral interest transferred

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

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

9 of non-Federal mineral interests, including, where appro10 priate, laws, rules, and regulations applicable to such devel11 opment within National Forests.

12 SEC. 10. LEGAL DESCRIPTIONS.

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

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

15 of the lands added to the Navajo and Goshute Indian Res16 ervations and all lands exchanged under this Act shall be

17 filed by the appropriate Secretary with the Committee on

18 Natural Resources of the United States House of Represent19 atives and the Committee on Energy and Natural Resources

20 of the United States Senate, and each such map and de21 scription shall have the same force and effect as if included

22 in this Act, except that the appropriate Secretary may cor23 rect clerical and typographical errors in each such legal de24 scription and map. Each such map and legal description

25 shall be on file and available for public inspection in the
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1 offices of the Secretary of Agriculture and the Secretary of

2 the Interior and the Utah offices of the appropriate agencies

3 of the Department of the Interior and Department of Agri4 culture.

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

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

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

8 to payments for lands in Utah acquired by the United

9 States if at the time of such acquisition units, under appli10 cable State law, were entitled to receive payments from the

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

12 this chapter with respect to such acquired lands shall exceed

13 the payment that would have been made under State law

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

15 (c) INTENT.—The lands and interests described in sec16 tion 7 are an offer related only to the State lands and inter17 ests described in this Act, and nothing in this Act shall be

18 construed as precluding conveyance of other lands or inter19 ests to the State of Utah pursuant to other exchanges under

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

21 the intent of Congress that the State should establish a fund22 ing mechanism, or some other mechanism, to assure that

23 counties within the State are treated equitably as a result

24 of this exchange.
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1 (d) COSTS.—The United States and the State of Utah

2 shall each bear its own respective costs incurred in the im3 plementation of this Act.

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

5 ‘‘School and Institutional Trust Lands’’ means those prop6 erties granted by the United States in the Utah Enabling

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

8 under State law must be managed for the benefit of the pub9 lic school system or the institutions of the State which are

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

11 means the Secretary of the Interior; unless specifically de12 fined otherwise.

13 SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

14 There are authorized to be appropriated such sums as

15 are necessary to carry out this Act.

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