IB 

Union Calendar No. 363 

109TH CONGRESS 

2D SESSION H. R. 2069 

[Report No. 109–623] 

To authorize the exchange of certain land in Grand and Uintah Counties, 

Utah, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

Mr. CANNON (for himself, Mr. BISHOP of Utah, and Mr. MATHESON) introduced the following bill; which was referred to the Committee on Resources 

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To authorize the exchange of certain land in Grand and 

Uintah Counties, 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 Recreational 

5 Land Exchange Act of 2005’’. 


pwalker on PRODPC60 with BILLS
2 

•HR 2069 RH

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the area surrounding the Colorado River in 

4 Grand County, Utah, and Dinosaur National Monu5 ment and the Book Cliffs in Uintah County, Utah, 

6 contains nationally recognized scenic vistas, signifi7 cant archaeological and historic resources, valuable 

8 wildlife habitat, and outstanding opportunities for 

9 public recreation that are enjoyed by hundreds of 

10 thousands of people annually; 

11 (2) the State of Utah owns multiple parcels of 

12 land in the area that were granted to the State 

13 under the Act of July 16, 1894 (28 Stat. 107, chap14 ter 138), to be held in trust for the benefit of the 

15 public school system and other public institutions of 

16 the State; 

17 (3) the parcels of State trust land are largely 

18 scattered in checkerboard fashion amid the Federal 

19 land comprising the area of the Colorado River cor20 ridor, the Dinosaur National Monument, and the 

21 Book Cliffs; 

22 (4) the State trust land in the area of the Colo23 rado River corridor, Dinosaur National Monument, 

24 and the Book Cliffs includes significant natural and 

25 recreational features, including— 


pwalker on PRODPC60 with BILLS
3 

•HR 2069 RH

1 (A) portions of Westwater Canyon of the 

2 Colorado River; 

3 (B) the nationally recognized Kokopelli 

4 and Slickrock trails; 

5 (C) several of the largest natural rock 

6 arches in the United States; 

7 (D) multiple wilderness study areas and 

8 proposed wilderness areas; and 

9 (E) viewsheds for Arches National Park 

10 and Dinosaur National Monument; 

11 (5) the large presence of State trust land lo12 cated in the Colorado River corridor, Dinosaur Na13 tional Monument, and the Book Cliffs area makes 

14 land and resource management in the area more dif15 ficult, costly, and controversial for the United States 

16 and the State of Utah; 

17 (6) although the State trust land was granted 

18 to the State to generate financial support for public 

19 schools in the State through the sale or development 

20 of natural resources, development of those resources 

21 in the Colorado River corridor, Dinosaur National 

22 Monument, and the Book Cliffs area may be incom23 patible with managing the area for recreational, nat24 ural, and scenic resources; 


pwalker on PRODPC60 with BILLS
4 

•HR 2069 RH

1 (7) the United States owns land and interests 

2 in land in other parts of the State of Utah that can 

3 be transferred to the State in exchange for the State 

4 trust land without jeopardizing Federal management 

5 objectives or needs; and 

6 (8) it is in the public interest to exchange feder7 ally owned land in the State for the Utah State trust 

8 land located in the Colorado River Corridor, Dino9 saur National Monument, and the Book Cliffs area, 

10 on terms that are fair to the United States and the 

11 State of Utah. 

12 (b) PURPOSE.—It is the purpose of this Act to au13 thorize, facilitate, and expedite the exchange of certain 

14 Federal land and non-Federal land in the State to further 

15 the public interest by— 

16 (1) exchanging Federal land that has limited 

17 recreational and conservation resources; and 

18 (2) acquiring State trust land with important 

19 recreational, scenic, and conservation resources for 

20 permanent public management and use. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

24 means the approximately llll acres of Federal 


pwalker on PRODPC60 with BILLS
5 

•HR 2069 RH

1 land located in Grand and Uintah Counties, Utah, 

2 as generally depicted on the map. 

3 (2) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Utah Recreational Land Exchange-Offered 

5 Lands’’ and dated October 2004. 

6 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed7 eral land’’ means— 

8 (A) the approximately llll acres of 

9 State trust land located in the Colorado River 

10 corridor in Grand County, Utah, as generally 

11 depicted on the map; 

12 (B) the approximately llll acres of 

13 State trust land located in the vicinity of Dino14 saur National Monument in Uintah County, 

15 Utah, as generally depicted on the map; and 

16 (C) the approximately llll acres of 

17 State trust land located in the vicinity of the 

18 Book Cliffs area in Uintah County, Utah, as 

19 generally depicted on the map. 

20 (4) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Interior. 

22 (5) STATE.—The term ‘‘State’’ means the State 

23 of Utah, as trustee under the Utah State School and 

24 Institutional Trust Lands Management Act (Utah 

25 Code Ann. 53c–1–101 et seq.). 


pwalker on PRODPC60 with BILLS
6 

•HR 2069 RH

1 SEC. 4. EXCHANGE OF LAND. 

2 (a) IN GENERAL.—If, not later than 30 days after 

3 the date of enactment of this Act, the State offers to con4 vey to the United States title to the non-Federal land that 

5 is acceptable to the Secretary, the Secretary shall— 

6 (1) accept the offer; and 

7 (2) on receipt of acceptable title to the non8 Federal land and subject to valid existing rights, si9 multaneously convey to the State all right, title, and 

10 interest of the United States in and to the Federal 

11 land. 

12 (b) CONVEYANCE OF INDIVIDUAL PARCELS.—Not13 withstanding that appraisals for all of the parcels of Fed14 eral land and non-Federal land may not have been com15 pleted under section 5, individual parcels of Federal land 

16 and non-Federal land may be exchanged under subsection 

17 (a) at any time after the date on which the appraised val18 ues of the individual parcels are approved under section 

19 5(b)(4). 

20 (c) TIMING.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), the exchange of land authorized by sub23 section (a) shall be completed not later than 330 

24 days after the date on which the State makes the 

25 Secretary an offer to convey the non-Federal land 

26 under that subsection. 


pwalker on PRODPC60 with BILLS
7 

•HR 2069 RH

1 (2) EXTENSION.—The Secretary and the State 

2 may mutually agree to extend the deadline specified 

3 in paragraph (1). 

4 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI5 ZATION. 

6 (a) EQUAL VALUE EXCHANGE.—The value of the 

7 Federal land and non-Federal land to be exchanged under 

8 this Act— 

9 (1) shall be approximately equal; or 

10 (2) shall be made approximately equal in ac11 cordance with subsection (c). 

12 (b) APPRAISALS.— 

13 (1) IN GENERAL.—The value of the Federal 

14 land and the non-Federal land shall be determined 

15 by appraisals conducted— 

16 (A) using, where appropriate, comparable 

17 sales of surface and subsurface property; and 

18 (B) subject to paragraph (3), in accord19 ance with— 

20 (i) the Uniform Appraisal Standards 

21 for Federal Land Acquisitions (2002); 

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


pwalker on PRODPC60 with BILLS
8 

•HR 2069 RH

1 (iii) section 206(d) of the Federal 

2 Land Policy and Management Act of 1976 

3 (43 U.S.C. 1716(d)). 

4 (2) SELECTION OF APPRAISER; COSTS.—The 

5 appraisals of the Federal land and non-Federal land 

6 shall be conducted by 1 or more independent third7 party appraisers selected jointly by the Secretary 

8 and the State. The United States and the State 

9 shall share third-party appraisal costs equally. 

10 (3) REQUIREMENTS.—During the appraisal 

11 process, the appraiser shall— 

12 (A) consider comparable public and private 

13 sales without regard to— 

14 (i) whether the land was acquired for 

15 conservation or preservation purposes; or 

16 (ii) the nonprofit status of the entity 

17 making the acquisition; and 

18 (B) if value is attributed to the land be19 cause of the presence of minerals subject to 

20 leasing under Federal mineral leasing laws, ad21 just the value proportionately to reflect Federal 

22 mineral revenue sharing, subject to the condi23 tion that the Utah School and Institutional 

24 Trust Lands Administration assume the revVerDate Aug 31 2005 02:20 Sep 07, 2006 Jkt 039196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2069.RH H2069

pwalker on PRODPC60 with BILLS
9 

•HR 2069 RH

1 enue sharing obligation of the United States 

2 with respect to the land. 

3 (4) REVIEW AND APPROVAL.— 

4 (A) IN GENERAL.—Not later than 120 

5 days after the date on which the appraiser is 

6 selected under paragraph (2), the appraiser 

7 shall submit to the Secretary and the State a 

8 copy of the completed appraisals for review. 

9 (B) APPROVAL OR DISAPPROVAL.—Not 

10 later than 90 days after the date of receipt of 

11 an appraisal under subparagraph (A), the Sec12 retary and the State shall independently ap13 prove or disapprove the appraisal. 

14 (5) DETERMINATION OF VALUE.— 

15 (A) DETERMINATION BY SECRETARY AND

16 STATE.—If the Secretary and the State are un17 able to agree on the value of a parcel of land, 

18 the value of the parcel may be determined by 

19 the Secretary and the State in accordance with 

20 paragraphs (2) and (4) of section 206(d) of the 

21 Federal Land Policy and Management Act of 

22 1976 (43 U.S.C. 1716(d)). 

23 (B) DETERMINATION BY COURT.— 

24 (i) IN GENERAL.—Notwithstanding 

25 any other provision of law, if the Secretary 


pwalker on PRODPC60 with BILLS
10 

•HR 2069 RH

1 and the State have not agreed on the value 

2 of a parcel by the date that is 1 year after 

3 the date of enactment of this Act, a Fed4 eral district court (including the United 

5 States District Court for the District of 

6 Utah, Central Division) shall have jurisdic7 tion to determine the value of the parcel. 

8 (ii) LIMITATION.—An action to deter9 mine the value of a parcel under clause (i) 

10 shall be brought not earlier than 1 year, 

11 but not more than 3 years, after the date 

12 of enactment of this Act. 

13 (c) EQUALIZATION OF VALUES.— 

14 (1) SURPLUS OF NON-FEDERAL LAND.—If after 

15 completion of the appraisal and dispute resolution 

16 process under subsection (b), the value of the non17 Federal land exceeds the value of the Federal land, 

18 the State shall remove parcels of non-Federal land 

19 from the exchange until the value of the Federal 

20 land and non-Federal land is approximately equal. 

21 (2) SURPLUS OF FEDERAL LAND.—If after 

22 completion of the appraisal and dispute resolution 

23 process under subsection (b), the value of the Fed24 eral land exceeds the value of the non-Federal land, 


pwalker on PRODPC60 with BILLS
11 

•HR 2069 RH

1 the value of the Federal land and non-Federal land 

2 may be equalized by— 

3 (A) the Secretary and the State removing 

4 parcels of Federal land from the exchange until 

5 the value is approximately equal; or 

6 (B) the Secretary and the State adding ad7 ditional State trust land to the non-Federal 

8 land, if— 

9 (i) the additional land has been ap10 praised in accordance with an ongoing 

11 Federal acquisition process or program; 

12 and 

13 (ii) the appraised value (as deter14 mined under clause (i)) has been accepted 

15 by the Secretary. 

16 SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EX17 CHANGE. 

18 (a) ADMINISTRATION OF NON-FEDERAL LAND.— 

19 (1) IN GENERAL.—Subject to paragraph (2) 

20 and in accordance with section 206(c) of the Federal 

21 Land Policy and Management Act of 1976 (43 

22 U.S.C. 1716(c)), the non-Federal acquired by the 

23 United States under this Act shall become part of, 

24 and be managed as part of, the Federal administra25 tive unit or area in which the land is located. 


pwalker on PRODPC60 with BILLS
12 

•HR 2069 RH

1 (2) LIMITATION.—The payment of mineral rev2 enues from the non-Federal land acquired under this 

3 Act shall be subject to section 35 of the Mineral 

4 Leasing Act (30 U.S.C. 191). 

5 (b) WITHDRAWAL OF FEDERAL LAND.—Subject to 

6 valid existing rights, the Federal land is withdrawn 

7 from— 

8 (1) disposition under the public land laws; 

9 (2) location, entry, and patent under the mining 

10 laws; and 

11 (3) the operation of— 

12 (A) the mineral leasing laws; 

13 (B) the Geothermal Steam Act of 1970 

14 (30 U.S.C. 1001 et seq.); and 

15 (C) the first section of the Act of July 31, 

16 1947 (commonly known as the ‘‘Materials Act 

17 of 1947’’) (30 U.S.C. 601). 

18 (c) GRAZING PERMITS.— 

19 (1) IN GENERAL.—If land acquired under this 

20 Act is subject to a lease, permit, or contract for the 

21 grazing of domestic livestock in effect on the date of 

22 acquisition, the person acquiring the land shall allow 

23 the grazing to continue for the remainder of the 

24 term of the lease, permit, or contract, subject to the 

25 related terms and conditions of user agreements, inVerDate Aug 31 2005 02:20 Sep 07, 2006 Jkt 039196 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2069.RH H2069

pwalker on PRODPC60 with BILLS
13 

•HR 2069 RH

1 cluding permitted stocking rates, grazing fee levels, 

2 access rights, and ownership and use of range im3 provements. 

4 (2) RENEWAL.—To the extent allowed by Fed5 eral or State law, on expiration of any grazing lease, 

6 permit, or contract described in paragraph (1), the 

7 holder of the lease, permit, or contract shall be enti8 tled to a preference right to renew the lease, permit, 

9 or contract. 

10 (3) CANCELLATION.—Nothing in this Act pre11 vents the State from canceling a grazing permit, 

12 lease, or contract if the land subject to the permit, 

13 lease, or contract is sold, conveyed, transferred, or 

14 leased for non-grazing purposes by the State. 

15 (4) BASE PROPERTIES.—If land conveyed by 

16 the State under this Act is used by a grazing per17 mittee or lessee to meet the base property require18 ments for a Federal grazing permit or lease, the 

19 land shall continue to qualify as a base property for 

20 the remaining term of the lease or permit and the 

21 term of any renewal or extension of the lease or per22 mit. 

23 (d) HAZARDOUS MATERIALS.— 

24 (1) IN GENERAL.—The Secretary and, as a con25 dition of the exchange, the State shall make availVerDate Aug 31 2005 02:20 Sep 07, 2006 Jkt 039196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2069.RH H2069

pwalker on PRODPC60 with BILLS
14 

•HR 2069 RH

1 able for review and inspection any record relating to 

2 hazardous materials on the land to be exchanged 

3 under this Act. 

4 (2) COSTS.—The costs of remedial actions re5 lating to hazardous materials on land acquired 

6 under this Act shall be paid by those entities respon7 sible for the costs under applicable law. 

8 (e) HISTORIC PROPERTIES.—A conveyance of Fed9 eral land under this Act shall not be considered to be an 

10 undertaking under section 106 of the National Historic 

11 Preservation Act (16 U.S.C. 470f) if the Utah State An12 tiquities Act (Utah Code Ann. 9–8–301 et seq.) is in effect 

13 on the date of the conveyance of the Federal land. 

14 (f) PROVISIONS RELATING TO FEDERAL LAND.—The 

15 exchange of land under this Act shall be considered to be 

16 in the public interest under section 206(a) of the Federal 

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

18 1716(a)). 


pwalker on PRODPC60 with BILLS

pwalker on PRODPC60 with BILLS
Union Calendar No. 363 

109TH CONGRESS 

2D SESSION H. R. 2069 

[Report No. 109

–623] 

A BILL 

and Uintah Counties, Utah, and for other purposes. 

To authorize the exchange of certain land in Grand 

SEPTEMBER 6, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pwalker on PRODPC60 with BILLS