109TH CONGRESS 

2D SESSION H. R. 2069

AN ACT

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Utah Recreational 

3 Land Exchange Act of 2006’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—Congress finds that—

6 (1) the area surrounding the Colorado River in 

7 Grand and San Juan Counties, Utah, and Dinosaur 

8 National Monument and the Book Cliffs in Uintah 

9 County, Utah, contains nationally recognized scenic 

10 vistas, significant archaeological and historic re11 sources, valuable wildlife habitat, and outstanding 

12 opportunities for public recreation that are enjoyed 

13 by hundreds of thousands of people annually; 

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

15 land in the area that were granted to the State 

16 under the Act of July 16, 1894 (28 Stat. 107, chap17 ter 138), to be held in trust for the benefit of the 

18 public school system and other public institutions of 

19 the State; 

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

21 scattered in checkerboard fashion amid the Federal 

22 land comprising the area of the Colorado River cor23 ridor, the Dinosaur National Monument, and the 

24 Book Cliffs; 

25 (4) the State trust land in the area of the Colo26 rado River corridor, Dinosaur National Monument, 
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1 and the Book Cliffs includes significant natural and 

2 recreational features, including—

3 (A) portions of Westwater Canyon of the 

4 Colorado River; 

5 (B) the nationally recognized Kokopelli 

6 and Slickrock trails; 

7 (C) several of the largest natural rock 

8 arches in the United States; 

9 (D) multiple wilderness study areas and 

10 proposed wilderness areas; and 

11 (E) viewsheds for Arches National Park 

12 and Dinosaur National Monument; 

13 (5) the large presence of State trust land lo14 cated in the Colorado River corridor, Dinosaur Na15 tional Monument, and the Book Cliffs area makes 

16 land and resource management in the area more dif17 ficult, costly, and controversial for the United States 

18 and the State of Utah; 

19 (6) although the State trust land was granted 

20 to the State to generate financial support for public 

21 schools in the State through the sale or development 

22 of natural resources, development of those resources 

23 in the Colorado River corridor, Dinosaur National 

24 Monument, and the Book Cliffs area may be incom-
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1 patible with managing the area for recreational, nat2 ural, and scenic resources; 

3 (7) the United States owns land and interests 

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

5 be transferred to the State in exchange for the State 

6 trust land without jeopardizing Federal management 

7 objectives or needs; and 

8 (8) it is in the public interest to exchange feder9 ally owned land in the State for the Utah State trust 

10 land located in the Colorado River Corridor, Dino11 saur National Monument, and the Book Cliffs area, 

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

13 State of Utah. 

14 (b) PURPOSE.—It is the purpose of this Act to direct, 

15 facilitate, and expedite the exchange of certain Federal 

16 land and non-Federal land in the State to further the pub17 lic interest by—

18 (1) exchanging Federal land that has limited 

19 recreational and conservation resources; and 

20 (2) acquiring State trust land with important 

21 recreational, scenic, and conservation resources for 

22 permanent public management and use. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 
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1 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

2 means the land located in Grand, San Juan, and 

3 Uintah Counties, Utah, that is identified on the 

4 maps as—

5 (A) ‘‘BLM Subsurface only Proposed for 

6 Transfer to State Trust Lands’’; 

7 (B) ‘‘BLM Surface only Proposed for 

8 Transfer to State Trust Lands’’; and 

9 (C) ‘‘BLM Lands Proposed for Transfer to 

10 State Trust Lands’’. 

11 (2) GRAND COUNTY MAP.—The term ‘‘Grand 

12 County Map’’ means the map prepared by the Bu13 reau of Land Management entitled ‘‘Utah Rec14 reational Land Exchange Act Grand County’’ and 

15 dated September 22, 2006. 

16 (3) MAPS.—The term ‘‘maps’’ means the Grand 

17 County Map and the Uintah County Map. 

18 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed19 eral land’’ means the land in Grand, San Juan, and 

20 Uintah Counties, Utah, that is identified on the 

21 maps as—

22 (A) ‘‘State Trust Land Proposed for 

23 Transfer to BLM’’; and 

24 (B) ‘‘State Trust Minerals Proposed for 

25 Transfer to BLM’’. 
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the Interior. 

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

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

5 Institutional Trust Lands Management Act (Utah 

6 Code Ann. 53C–1–101 et seq.). 

7 (7) UINTAH COUNTY MAP.—The term ‘‘Uintah 

8 County Map’’ means the map prepared by the Bu9 reau of Land Management entitled ‘‘Utah Rec10 reational Land Exchange Act Uintah County’’ and 

11 dated September 22, 2006. 

12 SEC. 4. EXCHANGE OF LAND. 

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

14 the date of enactment of this Act, the State offers to con15 vey to the United States title to the non-Federal land, the 

16 Secretary shall—

17 (1) accept the offer; and 

18 (2) on receipt of acceptable title to the non19 Federal land and subject to valid existing rights, 

20 convey to the State all right, title, and interest of 

21 the United States in and to the Federal land. 

22 (b) CONVEYANCE OF PARCELS IN PHASES.—

23 (1) IN GENERAL.—Notwithstanding that ap24 praisals for all of the parcels of Federal land and 

25 non-Federal land may not have been completed 
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1 under section 5, parcels of the Federal land and 

2 non-Federal land may be exchanged under sub3 section (a) in 3 phases beginning on the date on 

4 which the appraised values of the parcels included in 

5 the applicable phase are approved under section 

6 5(b)(5). 

7 (2) PHASES.—The 3 phases referred to in para8 graph (1) are—

9 (A) phase 1, consisting of the non-Federal 

10 land identified as ‘‘phase one’’ land on the 

11 Grand County Map; 

12 (B) phase 2, consisting of the non-Federal 

13 land identified as ‘‘phase two’’ land on the 

14 Grand County Map and the Uintah County 

15 Map; and 

16 (C) phase 3, consisting of any remaining 

17 non-Federal land that is not identified as 

18 ‘‘phase one’’ land or ‘‘phase two’’ land on the 

19 Grand County Map or the Uintah County Map. 

20 (3) NO AGREEMENT ON EXCHANGE.—If agree21 ment has not been reached with respect to the ex22 change of an individual parcel of Federal land or 

23 non-Federal land, the Secretary and the State may 

24 agree to set aside the individual parcel to allow the 
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1 exchange of the other parcels of Federal land and 

2 non-Federal land to proceed. 

3 (c) APPURTENANT WATER RIGHTS.—Any convey4 ance of a parcel of Federal land or non-Federal land under 

5 this Act shall include the conveyance of water rights ap6 purtenant to the parcel conveyed. 

7 (d) TIMING.—

8 (1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), the exchange of land authorized 

10 by subsection (a) shall be completed not later than 

11 330 days after the date on which the State makes 

12 the Secretary an offer to convey the non-Federal 

13 land under that subsection. 

14 (2) EXCEPTION.—The deadline established 

15 under paragraph (1) shall not apply to a parcel of 

16 land, the value of which is being determined under 

17 section 5(b)(6)(C). 

18 (3) EXTENSION.—The Secretary and the State 

19 may mutually agree to extend the deadline specified 

20 in paragraph (1). 

21 (e) COMPLIANCE.—Except as otherwise provided in 

22 this Act, the exchange of land shall be carried out in com23 pliance with all laws and regulations applicable to the ex24 change of Federal land for non-Federal land. 
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1 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI2 ZATION. 

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

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

5 this Act—

6 (1) shall be equal; or 

7 (2) shall be made equal in accordance with sub8 section (c). 

9 (b) APPRAISALS.—

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

11 land and the non-Federal land shall be determined 

12 by appraisals conducted in accordance with—

13 (A) section 206(d) of the Federal Land 

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

15 1716(d)); and 

16 (B) section 2201.3 of title 43, Code of 

17 Federal Regulations (or successor regulations). 

18 (2) SELECTION OF APPRAISER.—The appraisals 

19 of the Federal land and non-Federal land shall be 

20 conducted by 1 or more independent third-party ap21 praisers selected jointly by the Secretary and the 

22 State. 

23 (3) COSTS.—

24 (A) IN GENERAL.—The Secretary and the 

25 State shall share third-party appraisal costs 

26 equally. 
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1 (B) ADJUSTMENT.—The Secretary and the 

2 State may agree to adjust the relative value of 

3 the Federal land and non-Federal land to be ex4 changed under this Act if the Secretary or the 

5 State has paid a disproportionate share of the 

6 third-party appraisal costs. 

7 (4) VALUATION OF UNLEASED FEDERAL LAND; 

8 REVENUE SHARING.—

9 (A) IN GENERAL.—Any parcel of Federal 

10 land that, as of the date of appraisal, is not 

11 leased under the Mineral Leasing Act (30 

12 U.S.C. 181 et seq.), shall be appraised without 

13 regard to the presence of minerals subject to 

14 lease under that Act, if, after conveyance of the 

15 applicable parcel to the State, the State agrees 

16 to pay to the United States—

17 (i) 50 percent of any bonus or rental 

18 payments (in the form of money or other 

19 consideration) that the State receives for 

20 the disposition of any interest in the min21 erals after the date of conveyance; and 

22 (ii) an amount equal to—

23 (I) the fraction of gross proceeds 

24 from mineral production (in the form 

25 of money or other consideration) to 
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1 which the United States would have 

2 been entitled as a production royalty 

3 if the land had been—

4 (aa) retained by the United 

5 States; and 

6 (bb) leased under the provi7 sions of that Act in effect on the 

8 date of this Act; minus 

9 (II) the portion of production 

10 royalties that would otherwise be pay11 able to the State under section 35 of 

12 the Mineral Leasing Act (30 U.S.C. 

13 191). 

14 (B) OBLIGATION AS COVENANT.—The obli15 gation of the State to pay bonus, rental, and 

16 royalty revenues to the United States under 

17 subparagraph (A) shall be a permanent cov18 enant running with the applicable parcel of 

19 Federal land conveyed to the State. 

20 (C) SPECIAL ACCOUNT.—All revenues re21 ceived by the United States under this para22 graph shall be deposited in a special account in 

23 the Treasury of the United States and shall be 

24 available without further appropriation to the 

25 Secretary until expended for—
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1 (i) the equalization of values as pro2 vided in subsection (c)(1); 

3 (ii) the purchase of lands or interests 

4 therein within the State of Utah that are 

5 otherwise eligible for purchase under the 

6 Federal Lands Transaction Facilitation 

7 Act (43 U.S.C. 2301 et. seq.); or 

8 (iii) the purchase of lands or interests 

9 therein owned by the State of Utah as 

10 trustee under the Utah State School and 

11 Institutional Trust Lands Management 

12 Act that are determined by the Secretary 

13 to have outstanding characteristics for out14 door recreation, wildlife habitat, wilder15 ness, or other natural resources. 

16 (D) ACQUISITION.—Any land acquired 

17 under this section shall be—

18 (i) from a willing seller; 

19 (ii) contingent on the conveyance of 

20 title acceptable to the Secretary, using title 

21 standards of the Attorney General; 

22 (iii) at a price not to exceed fair mar23 ket value consistent with applicable provi24 sions of the Uniform Appraisal Standards 

25 for Federal Land Acquisitions; and 
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1 (iv) managed as part of the unit with2 in which it is contained. 

3 (5) 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 (6) 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) VALUATION OF LEASED FEDERAL

24 LAND.—
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1 (i) IN GENERAL.—If value is attrib2 uted to any parcel of Federal land because 

3 of the presence of minerals subject to leas4 ing under the Mineral Leasing Act (30 

5 U.S.C. 191 et seq.), and the parcel is sub6 ject to an existing lease under that Act, 

7 the value of the parcel shall be equal to the 

8 value of the parcel as determined under 

9 this section, as adjusted under clause (ii). 

10 (ii) ADJUSTMENT.—

11 (I) IN GENERAL.—The value of 

12 the parcel subject to a lease under 

13 clause (i) shall be reduced by the per14 centage of the Federal revenue shar15 ing obligation under section 35(a) of 

16 the Mineral Leasing Act (30 U.S.C. 

17 191(a)). 

18 (II) NO PROPERTY RIGHT.—An 

19 adjustment under subclause (I) shall 

20 not be considered to be a property 

21 right of the State. 

22 (C) DETERMINATION BY COURT.—

23 (i) IN GENERAL.—Notwithstanding 

24 any other provision of law, if the Secretary 

25 and the State have not agreed on the value 
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1 of a parcel by the date that is 1 year after 

2 the date of enactment of this Act, a Fed3 eral district court (including the United 

4 States District Court for the District of 

5 Utah, Central Division) shall have jurisdic6 tion to determine the value of the parcel. 

7 (ii) LIMITATION.—An action to deter8 mine the value of a parcel under clause (i) 

9 shall be brought not earlier than 1 year, 

10 but not more than 3 years, after the date 

11 of enactment of this Act. 

12 (D) AVAILABILITY OF APPRAISALS.—

13 (i) IN GENERAL.—All final appraisals, 

14 appraisal reviews, and determinations of 

15 value for land to be exchanged under this 

16 Act shall be available for public review at 

17 the Utah State Office of the Bureau of 

18 Land Management at least 30 days before 

19 the conveyance of the applicable parcels. 

20 (ii) PUBLICATION.—The Secretary 

21 shall publish in a newspaper of general cir22 culation in Salt Lake County, Utah, a no23 tice that the appraisals are available for 

24 public inspection. 

25 (c) EQUALIZATION OF VALUES.—
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1 (1) SURPLUS OF NON-FEDERAL LAND.—If after 

2 completion of the appraisal and dispute resolution 

3 process under subsection (b), the value of the non4 Federal land exceeds the value of the Federal land 

5 the Secretary shall, in partial exchange for the non6 Federal land, provide for payment to the State of 

7 the amount necessary to equalize values from funds 

8 made available under the special account established 

9 by subsection (b)(4)(C). The State shall be entitled 

10 to receive a reasonable rate of interest at a rate 

11 equivalent to a five-year Treasury note on the bal12 ance of the value owed by the United States from 

13 the effective date of the exchange until full value is 

14 received by the State. 

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

16 completion of the appraisal and dispute resolution 

17 process under subsection (b), the value of the Fed18 eral land exceeds the value of the non-Federal land, 

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

20 may be equalized by—

21 (A) the Secretary, after consultation with 

22 the State, removing parcels of Federal land 

23 from the exchange until the value is equal; or 
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1 (B) the Secretary and the State adding ad2 ditional State trust land to the non-Federal 

3 land, if—

4 (i) the additional land has been ap5 praised in accordance with an ongoing 

6 Federal acquisition process or program; 

7 and 

8 (ii) the appraised value (as deter9 mined under clause (i)) has been accepted 

10 by the Secretary. 

11 (3) NOTICE AND PUBLIC INSPECTION.—

12 (A) IN GENERAL.—If the Secretary and 

13 the State determine to add or remove land from 

14 the exchange, the Secretary shall—

15 (i) publish in a newspaper of general 

16 circulation in Salt Lake County, Utah, a 

17 notice that identifies when and where a re18 vised exchange map will be available for 

19 public inspection; and 

20 (ii) transmit to the Committee on En21 ergy and Natural Resources of the Senate 

22 and the Committee on Resources of the 

23 House of Representatives a copy of the re24 vised exchange map. 
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1 (B) LIMITATION.—The Secretary and the 

2 State shall not add or remove land from the ex3 change until at least 20 days after the date on 

4 which the notice is published under subpara5 graph (A)(i) and the map is transmitted under 

6 subparagraph (A)(ii). 

7 (d) RESOURCE REPORT.—

8 (1) IN GENERAL.—With respect to each parcel 

9 of Federal land to be conveyed to the State, the Sec10 retary shall prepare a report, based on land manage11 ment plans, resource inventories, and surveys exist12 ing on the date on which the report is prepared, that 

13 identifies any significant resource values, issues, or 

14 management concerns associated with the parcel. 

15 (2) NOTICE AND INSPECTION.—A report shall 

16 be subject to the public notice and inspection in ac17 cordance with subsection (b)(6)(D). 

18 SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EX19 CHANGE. 

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

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

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

23 Land Policy and Management Act of 1976 (43 

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

25 the United States under this Act shall become part 
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1 of, and be managed as part of, the Federal adminis2 trative unit or area in which the land is located. 

3 (2) MINERAL LEASING AND OCCUPANCY.—

4 (A) IN GENERAL.—Subject to valid exist5 ing rights, the non-Federal land acquired by the 

6 United States under this Act shall be with7 drawn from the operation of the mineral leasing 

8 and mineral material disposal laws until the 

9 later of—

10 (i) the date that is 2 years after the 

11 date of enactment of this Act; or 

12 (ii) the date on which the Record of 

13 Decision authorizing the implementation of 

14 the applicable resource management plans 

15 under section 202 of the Federal Land 

16 Policy and Management Act of 1976 (43 

17 U.S.C. 1712) is signed. 

18 (B) EXCEPTION.—Any land identified on 

19 the maps as ‘‘Withdrawal Parcels’’ is with20 drawn from the operation of the mineral leasing 

21 and mineral material disposal laws. 

22 (3) RECEIPTS.—

23 (A) IN GENERAL.—Any receipts derived 

24 from the non-Federal land acquired under this 
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1 Act shall be paid into the general fund of the 

2 Treasury. 

3 (B) APPLICABLE LAW.—Mineral receipts 

4 from the non-Federal land acquired under this 

5 Act shall not be subject to section 35 of the 

6 Mineral Leasing Act (30 U.S.C. 191). 

7 (b) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX8 CHANGE.—Subject to valid existing rights, during the pe9 riod beginning on the date of enactment of this Act and 

10 ending on the earlier of the date that is 3 years after the 

11 date of enactment of this Act or the date on which the 

12 Federal land is conveyed under this Act, the Federal land 

13 is withdrawn from—

14 (1) disposition (other than disposition under 

15 section 4) under the public land laws; 

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

17 laws; and 

18 (3) the operation of—

19 (A) the mineral leasing laws; 

20 (B) the Geothermal Steam Act of 1970 

21 (30 U.S.C. 1001 et seq.); and 

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

23 1947 (commonly known as the ‘‘Materials Act 

24 of 1947’’) (30 U.S.C. 601). 

25 (c) GRAZING PERMITS.—
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1 (1) IN GENERAL.—If land acquired under this 

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

3 grazing of domestic livestock in effect on the date of 

4 acquisition, the person or entity acquiring the land 

5 shall allow the grazing to continue for the remainder 

6 of the term of the lease, permit, or contract, subject 

7 to the related terms and conditions of user agree8 ments, including permitted stocking rates, grazing 

9 fee levels, access rights, and ownership and use of 

10 range improvements. 

11 (2) RENEWAL.—To the extent allowed by Fed12 eral or State law, on expiration of any grazing lease, 

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

14 holder of the lease, permit, or contract shall be enti15 tled to a preference right to renew the lease, permit, 

16 or contract. 

17 (3) CANCELLATION.—

18 (A) IN GENERAL.—Nothing in this Act 

19 prevents the Secretary or the State from can20 celing or modifying a grazing permit, lease, or 

21 contract if the land subject to the permit, lease, 

22 or contract is sold, conveyed, transferred, or 

23 leased for nongrazing purposes by the party. 

24 (B) LIMITATION.—Except to the extent 

25 reasonably necessary to accommodate surface 
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1 operations in support of mineral development, 

2 the Secretary or the State shall not cancel or 

3 modify a grazing permit, lease, or contract be4 cause the land subject to the permit, lease, or 

5 contract has been leased for mineral develop6 ment. 

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

8 the State under this Act is used by a grazing per9 mittee or lessee to meet the base property require10 ments for a Federal grazing permit or lease, the 

11 land shall continue to qualify as a base property for 

12 the remaining term of the lease or permit and the 

13 term of any renewal or extension of the lease or per14 mit. 

15 (d) HAZARDOUS MATERIALS.—

16 (1) IN GENERAL.—The Secretary and, as a con17 dition of the exchange, the State shall make avail18 able for review and inspection any record relating to 

19 hazardous materials on the land to be exchanged 

20 under this Act. 

21 (2) COSTS.—The costs of remedial actions re22 lating to hazardous materials on land acquired 

23 under this Act shall be paid by those entities respon24 sible for the costs under applicable law. 
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out this Act. 

Passed the House of Representatives September 27, 

2006. 

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION H. R. 2069

AN ACT

and Uintah Counties, Utah, and for other purposes.

To authorize the exchange of certain land in Grand