II 

Calendar No. 305 

118TH CONGRESS 

2D SESSION S. 1405 

[Report No. 118–153] 

To provide for the exchange of certain Federal land and State land in 

the State of Utah. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2023 

Mr. LEE (for himself and Mr. ROMNEY) introduced the following bill; which 

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

Resources 

JANUARY 9, 2024 

Reported by Mr. MANCHIN, without amendment 

A BILL 

To provide for the exchange of certain Federal land and 

State land in the State of Utah. 

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 School and Insti5 tutional Trust Lands Administration Exchange Act of 

6 2023’’. 

2 

•S 1405 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATION.—The term ‘‘Administra4 tion’’ means the Utah School and Institutional Trust 

5 Lands Administration. 

6 (2) AGREEMENT.—The term ‘‘Agreement’’ 

7 means the agreement between the Administration, 

8 the State, and the Secretary to exchange certain 

9 Federal land and interests in Federal land for cer10 tain State land and interests in State land managed 

11 by the Administration entitled ‘‘Memorandum of 

12 Understanding—Exchange of Lands’’ and dated 

13 March 17, 2023. 

14 (3) LEGAL DESCRIPTION.—The term ‘‘Legal 

15 Description’’ means a legal description that is in16 cluded in Exhibit A to the Agreement and that is 

17 part of the Agreement as of the date of the convey18 ance of the applicable land under this Act. 

19 (4) MAP.—The term ‘‘Map’’ means the map de20 scribed in the Agreement. 

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

22 the Secretary of the Interior. 

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

24 of Utah. 

3 

•S 1405 RS

1 SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE AD2 MINISTRATION, THE STATE OF UTAH, AND 

3 THE SECRETARY OF THE INTERIOR. 

4 (a) RATIFICATION.—All terms, conditions, proce5 dures, covenants, reservations, and other provisions in6 cluded in the Agreement— 

7 (1) shall be considered to be in the public inter8 est; 

9 (2) are incorporated by reference into this Act; 

10 (3) are ratified and confirmed by Congress; and 

11 (4) set forth the obligations of the United 

12 States, the State, and the Administration under the 

13 Agreement as a matter of Federal law. 

14 (b) IMPLEMENTATION.—The Secretary shall imple15 ment the Agreement. 

16 SEC. 4. CONVEYANCES. 

17 (a) PUBLIC INTEREST DETERMINATION.—The land 

18 exchange directed by the Agreement shall be considered 

19 to be in the public interest. 

20 (b) AUTHORIZATION.— 

21 (1) CONVEYANCES.—Notwithstanding any other 

22 provision of law, the conveyances of land and inter23 ests in land described in paragraphs (2), (3), and 

24 (5) of the Agreement shall be executed in accordance 

25 with this Act and the Agreement. 

4 

•S 1405 RS

1 (2) DEADLINE FOR CERTAIN CONVEYANCES.— 

2 The conveyances of land and interests in land de3 scribed in paragraphs (2) and (3) of the Agreement 

4 shall be completed not later than 45 days after the 

5 date of enactment of this Act. 

6 (3) REQUIREMENT.—If necessary, the convey7 ances of land and interests in land described in the 

8 Agreement shall be equalized in accordance with sec9 tion 5(b). 

10 (c) MAP AND LEGAL DESCRIPTIONS.— 

11 (1) PUBLIC AVAILABILITY.—The Map and 

12 Legal Descriptions shall be on file and available for 

13 public inspection in the offices of the Secretary and 

14 the State Director of the Bureau of Land Manage15 ment. 

16 (2) CONFLICT.—In the case of any conflict be17 tween the Map and the Legal Descriptions, the 

18 Legal Descriptions shall control. 

19 (3) TECHNICAL CORRECTIONS.—Nothing in this 

20 Act prevents the Secretary and the Administration 

21 from agreeing to the correction of technical errors or 

22 omissions in the Map or Legal Descriptions. 

23 (d) ADEQUACY OF APPLICABLE PLANS.—A convey24 ance of Federal land or an interest in Federal land to the 

25 State under the Agreement shall be considered to comply 

5 

•S 1405 RS

1 with any applicable land use plan developed under section 

2 202 of the Federal Land Policy and Management Act of 

3 1976 (43 U.S.C. 1712). 

4 SEC. 5. EQUALIZATION OF THE EXCHANGE. 

5 (a) APPRAISAL.— 

6 (1) IN GENERAL.—Not later than 18 months 

7 after the date of execution of the exchange under 

8 section 4, the total value of the land exchanged shall 

9 be determined by an appraisal in accordance with 

10 paragraph (5) of the Agreement, that shall— 

11 (A) be based on land and mineral values 

12 determined as of the date of enactment of this 

13 Act; 

14 (B) be conducted in accordance with sec15 tion 206(d) of the Federal Land Policy and 

16 Management Act of 1976 (43 U.S.C. 1716(d)); 

17 and 

18 (C) use nationally recognized appraisal 

19 standards, including— 

20 (i) the Uniform Appraisal Standards 

21 for Federal Land Acquisitions; and 

22 (ii) the Uniform Standards of Profes23 sional Appraisal Practice. 

24 (2) MINERALS.— 

6 

•S 1405 RS

1 (A) MINERAL REPORTS.—The appraisals 

2 conducted under paragraph (1) may take into 

3 account mineral and technical reports provided 

4 by the Secretary and the Administration in the 

5 evaluation of mineral deposits in the land and 

6 interests in land exchanged under the Agree7 ment. 

8 (B) MINING CLAIMS.—The appraisal of 

9 any parcel of Federal land or interest in Fed10 eral land that is encumbered by a mining claim, 

11 mill site, or tunnel site located under the min12 ing laws shall be conducted in accordance with 

13 standard appraisal practices, including, as ap14 propriate, the Uniform Appraisal Standards for 

15 Federal Land Acquisition. 

16 (C) VALIDITY EXAMINATIONS.—Nothing in 

17 this paragraph requires the United States to 

18 conduct a mineral examination for any mining 

19 claim on the Federal land or interest in Federal 

20 land conveyed under the Agreement. 

21 (3) ADJUSTMENT.— 

22 (A) IN GENERAL.—If value is attributed to 

23 any parcel of Federal land or interest in Fed24 eral land through an appraisal under paragraph 

25 (1) based on the presence of minerals subject to 

7 

•S 1405 RS

1 leasing under the Mineral Leasing Act (30 

2 U.S.C. 181 et seq.), the value of the parcel or 

3 interest in Federal land (as otherwise estab4 lished under this subsection) shall be reduced 

5 by the percentage of the applicable Federal rev6 enue sharing obligation under section 35(a) of 

7 the Mineral Leasing Act (30 U.S.C. 191(a)). 

8 (B) LIMITATION.—Any adjustment under 

9 subparagraph (A) shall not be considered to be 

10 a property right of the State. 

11 (4) APPROVAL; DURATION.—An appraisal con12 ducted under paragraph (1) shall— 

13 (A) be submitted to the Secretary and the 

14 Administration for approval; and 

15 (B) remain valid for 3 years after the date 

16 on which the appraisal is approved by the Sec17 retary and the Administration under subpara18 graph (A). 

19 (5) DISPUTE RESOLUTION.—If, by the date 

20 that is 90 days after the date of submission of an 

21 appraisal for review and approval under paragraph 

22 (4)(A), the Secretary and the Administration do not 

23 agree to accept the findings of the appraisal with re24 spect to any parcel of land or interest in land to be 

25 exchanged, the dispute shall be resolved in accordVerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405
8 

•S 1405 RS

1 ance with section 206(d)(2) of the Federal Land 

2 Policy and Management Act of 1976 (43 U.S.C. 

3 1716(d)(2)). 

4 (b) EQUALIZATION OF VALUES.—If the total value 

5 of the State land described in paragraph (2) of the Agree6 ment and the total value of the Federal land and interests 

7 in Federal land described in paragraph (3) of the Agree8 ment, as determined under subsection (a), are not equal— 

9 (1) the value shall be equalized in accordance 

10 with paragraph (5) of the Agreement; and 

11 (2) the conveyance of equalization parcels, in 

12 accordance with paragraph (5) of the Agreement, 

13 shall occur not later than 45 days after the date of 

14 the identification of the appraised equalization par15 cels or portions of parcels to be conveyed to ensure 

16 that the exchange is of equal value. 

17 SEC. 6. WITHDRAWALS. 

18 (a) WITHDRAWAL OF FEDERAL LAND FROM MIN19 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex20 isting rights, the Federal land and interests in Federal 

21 land to be conveyed to the State under section 4(b) are 

22 withdrawn from mineral location, entry, and patent under 

23 the mining laws pending conveyance of the Federal land 

24 and interests in Federal land to the State. 

9 

•S 1405 RS

1 (b) WITHDRAWAL OF STATE LAND CONVEYED TO

2 THE UNITED STATES.—Subject to valid existing rights, 

3 on the date of acquisition by the United States, the State 

4 land described in paragraph (2) of the Agreement acquired 

5 by the United States under section 4(b), to the extent not 

6 subject to previous withdrawals, is permanently withdrawn 

7 from all forms of appropriation and disposal under— 

8 (1) the public land laws (including the mining 

9 and mineral leasing laws); and 

10 (2) the Geothermal Steam Act of 1970 (30 

11 U.S.C. 1001 et seq.). 

12 (c) WITHDRAWAL REVOCATION.—Any withdrawal of 

13 the parcels of Federal land and interests in Federal land 

14 described in paragraph (3) of the Agreement to be con15 veyed to the State under section 4(b) from appropriation 

16 or disposal under a public land law shall be revoked to 

17 the extent necessary to permit the conveyance of the Fed18 eral land parcel to the State free of any encumbrances 

19 associated with power site reserves or classifications. 

20 SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS. 

21 The Act of January 7, 1921 (41 Stat. 1087, chapter 

22 13), is amended by adding at the end the following: 

23 ‘‘SEC. 5. CERTAIN EXCLUSIONS. 

24 ‘‘Notwithstanding any other provision of this Act, the 

25 provisions of this Act of shall not apply to the following: 

10 

•S 1405 RS

‘‘(1) S1⁄2SW1 1 ⁄4 sec 34, T. 13 S., R. 14 E., of 

2 the Salt Lake Meridian. 

3 ‘‘(2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, 

S1⁄2N1⁄2 and S1 4 ⁄2, of the Salt Lake Meridian. 

5 ‘‘(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, 

S1⁄2NW1⁄4 and SW1 6 ⁄4, of the Salt Lake Meridian. 

7 ‘‘(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, 

NE1⁄4, W1⁄2, and N1⁄2SE1 8 ⁄4, of the Salt Lake Merid9 ian. 

10 ‘‘(5) T. 14 S., R. 14 E., sec. 14, of the Salt 

11 Lake Meridian.’’. 

Calendar No. 305 

118TH CONGRESS 

2D SESSION S. 1405 

[Report No. 118–153] 

A BILL 

To provide for the exchange of certain Federal land 

and State land in the State of Utah. 

JANUARY 9, 2024 

Reported without amendment