I 

109TH CONGRESS 

1ST SESSION H. R. 2069 

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 

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’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the area surrounding the Colorado River in 

9 Grand County, Utah, and Dinosaur National Monu10 ment and the Book Cliffs in Uintah County, Utah, 
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1 contains nationally recognized scenic vistas, signifi2 cant archaeological and historic resources, valuable 

3 wildlife habitat, and outstanding opportunities for 

4 public recreation that are enjoyed by hundreds of 

5 thousands of people annually; 

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

7 land in the area that were granted to the State 

8 under the Act of July 16, 1894 (28 Stat. 107, chap9 ter 138), to be held in trust for the benefit of the 

10 public school system and other public institutions of 

11 the State; 

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

13 scattered in checkerboard fashion amid the Federal 

14 land comprising the area of the Colorado River cor15 ridor, the Dinosaur National Monument, and the 

16 Book Cliffs; 

17 (4) the State trust land in the area of the Colo18 rado River corridor, Dinosaur National Monument, 

19 and the Book Cliffs includes significant natural and 

20 recreational features, including— 

21 (A) portions of Westwater Canyon of the 

22 Colorado River; 

23 (B) the nationally recognized Kokopelli 

24 and Slickrock trails; 
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1 (C) several of the largest natural rock 

2 arches in the United States; 

3 (D) multiple wilderness study areas and 

4 proposed wilderness areas; and 

5 (E) viewsheds for Arches National Park 

6 and Dinosaur National Monument; 

7 (5) the large presence of State trust land lo8 cated in the Colorado River corridor, Dinosaur Na9 tional Monument, and the Book Cliffs area makes 

10 land and resource management in the area more dif11 ficult, costly, and controversial for the United States 

12 and the State of Utah; 

13 (6) although the State trust land was granted 

14 to the State to generate financial support for public 

15 schools in the State through the sale or development 

16 of natural resources, development of those resources 

17 in the Colorado River corridor, Dinosaur National 

18 Monument, and the Book Cliffs area may be incom19 patible with managing the area for recreational, nat20 ural, and scenic resources; 

21 (7) the United States owns land and interests 

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

23 be transferred to the State in exchange for the State 

24 trust land without jeopardizing Federal management 

25 objectives or needs; and 
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1 (8) it is in the public interest to exchange feder2 ally owned land in the State for the Utah State trust 

3 land located in the Colorado River Corridor, Dino4 saur National Monument, and the Book Cliffs area, 

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

6 State of Utah. 

7 (b) PURPOSE.—It is the purpose of this Act to au8 thorize, facilitate, and expedite the exchange of certain 

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

10 the public interest by— 

11 (1) exchanging Federal land that has limited 

12 recreational and conservation resources; and 

13 (2) acquiring State trust land with important 

14 recreational, scenic, and conservation resources for 

15 permanent public management and use. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

19 means the approximately llll acres of Federal 

20 land located in Grand and Uintah Counties, Utah, 

21 as generally depicted on the map. 

22 (2) MAP.—The term ‘‘map’’ means the map en23 titled ‘‘Utah Recreational Land Exchange-Offered 

24 Lands’’ and dated October 2004. 
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1 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed2 eral land’’ means—

3 (A) the approximately llll acres of 

4 State trust land located in the Colorado River 

5 corridor in Grand County, Utah, as generally 

6 depicted on the map; 

7 (B) the approximately llll acres of 

8 State trust land located in the vicinity of Dino9 saur National Monument in Uintah County, 

10 Utah, as generally depicted on the map; and 

11 (C) the approximately llll acres of 

12 State trust land located in the vicinity of the 

13 Book Cliffs area in Uintah County, Utah, as 

14 generally depicted on the map. 

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

16 the Secretary of the Interior. 

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

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

19 Institutional Trust Lands Management Act (Utah 

20 Code Ann. 53c–1–101 et seq.). 

21 SEC. 4. EXCHANGE OF LAND. 

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

23 the date of enactment of this Act, the State offers to con24 vey to the United States title to the non-Federal land that 

25 is acceptable to the Secretary, the Secretary shall—
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1 (1) accept the offer; and 

2 (2) on receipt of acceptable title to the non3 Federal land and subject to valid existing rights, si4 multaneously convey to the State all right, title, and 

5 interest of the United States in and to the Federal 

6 land. 

7 (b) CONVEYANCE OF INDIVIDUAL PARCELS.—Not8 withstanding that appraisals for all of the parcels of Fed9 eral land and non-Federal land may not have been com10 pleted under section 5, individual parcels of Federal land 

11 and non-Federal land may be exchanged under subsection 

12 (a) at any time after the date on which the appraised val13 ues of the individual parcels are approved under section 

14 5(b)(4). 

15 (c) TIMING.— 

16 (1) IN GENERAL.—Except as provided in para17 graph (2), the exchange of land authorized by sub18 section (a) shall be completed not later than 330 

19 days after the date on which the State makes the 

20 Secretary an offer to convey the non-Federal land 

21 under that subsection. 

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

23 may mutually agree to extend the deadline specified 

24 in paragraph (1). 
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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 approximately equal; or 

7 (2) shall be made approximately equal in ac8 cordance with subsection (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— 

13 (A) using, where appropriate, comparable 

14 sales of surface and subsurface property; and 

15 (B) subject to paragraph (3), in accord16 ance with— 

17 (i) the Uniform Appraisal Standards 

18 for Federal Land Acquisitions (2002); 

19 (ii) the Uniform Standards of Profes20 sional Appraisal Practice; and 

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

22 Land Policy and Management Act of 1976 

23 (43 U.S.C. 1716(d)). 

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

25 appraisals of the Federal land and non-Federal land 

26 shall be conducted by 1 or more independent third- 
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1 party appraisers selected jointly by the Secretary 

2 and the State. The United States and the State 

3 shall share third-party appraisal costs equally. 

4 (3) REQUIREMENTS.—During the appraisal 

5 process, the appraiser shall— 

6 (A) consider comparable public and private 

7 sales without regard to— 

8 (i) whether the land was acquired for 

9 conservation or preservation purposes; or 

10 (ii) the nonprofit status of the entity 

11 making the acquisition; and 

12 (B) if value is attributed to the land be13 cause of the presence of minerals subject to 

14 leasing under Federal mineral leasing laws, ad15 just the value proportionately to reflect Federal 

16 mineral revenue sharing, subject to the condi17 tion that the Utah School and Institutional 

18 Trust Lands Administration assume the rev19 enue sharing obligation of the United States 

20 with respect to the land. 

21 (4) REVIEW AND APPROVAL.— 

22 (A) IN GENERAL.—Not later than 120 

23 days after the date on which the appraiser is 

24 selected under paragraph (2), the appraiser 
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1 shall submit to the Secretary and the State a 

2 copy of the completed appraisals for review. 

3 (B) APPROVAL OR DISAPPROVAL.—Not 

4 later than 90 days after the date of receipt of 

5 an appraisal under subparagraph (A), the Sec6 retary and the State shall independently ap7 prove or disapprove the appraisal. 

8 (5) DETERMINATION OF VALUE.— 

9 (A) DETERMINATION BY SECRETARY AND

10 STATE.—If the Secretary and the State are un11 able to agree on the value of a parcel of land, 

12 the value of the parcel may be determined by 

13 the Secretary and the State in accordance with 

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

15 Federal Land Policy and Management Act of 

16 1976 (43 U.S.C. 1716(d)). 

17 (B) DETERMINATION BY COURT.— 

18 (i) IN GENERAL.—Notwithstanding 

19 any other provision of law, if the Secretary 

20 and the State have not agreed on the value 

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

22 the date of enactment of this Act, a Fed23 eral district court (including the United 

24 States District Court for the District of 
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1 Utah, Central Division) shall have jurisdic2 tion to determine the value of the parcel. 

3 (ii) LIMITATION.—An action to deter4 mine the value of a parcel under clause (i) 

5 shall be brought not earlier than 1 year, 

6 but not more than 3 years, after the date 

7 of enactment of this Act. 

8 (c) EQUALIZATION OF VALUES.— 

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

10 completion of the appraisal and dispute resolution 

11 process under subsection (b), the value of the non12 Federal land exceeds the value of the Federal land, 

13 the State shall remove parcels of non-Federal land 

14 from the exchange until the value of the Federal 

15 land and non-Federal land is approximately equal. 

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

17 completion of the appraisal and dispute resolution 

18 process under subsection (b), the value of the Fed19 eral land exceeds the value of the non-Federal land, 

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

21 may be equalized by— 

22 (A) the Secretary and the State removing 

23 parcels of Federal land from the exchange until 

24 the value is approximately 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 SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EX12 CHANGE. 

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

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

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

16 Land Policy and Management Act of 1976 (43 

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

18 United States under this Act shall become part of, 

19 and be managed as part of, the Federal administra20 tive unit or area in which the land is located. 

21 (2) LIMITATION.—The payment of mineral rev22 enues from the non-Federal land acquired under this 

23 Act shall be subject to section 35 of the Mineral 

24 Leasing Act (30 U.S.C. 191). 
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1 (b) WITHDRAWAL OF FEDERAL LAND.—Subject to 

2 valid existing rights, the Federal land is withdrawn 

3 from— 

4 (1) disposition under the public land laws; 

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

6 laws; and 

7 (3) the operation of— 

8 (A) the mineral leasing laws; 

9 (B) the Geothermal Steam Act of 1970 

10 (30 U.S.C. 1001 et seq.); and 

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

12 1947 (commonly known as the ‘‘Materials Act 

13 of 1947’’) (30 U.S.C. 601). 

14 (c) GRAZING PERMITS.— 

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

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

17 grazing of domestic livestock in effect on the date of 

18 acquisition, the person acquiring the land shall allow 

19 the grazing to continue for the remainder of the 

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

21 related terms and conditions of user agreements, in22 cluding permitted stocking rates, grazing fee levels, 

23 access rights, and ownership and use of range im24 provements. 
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1 (2) RENEWAL.—To the extent allowed by Fed2 eral or State law, on expiration of any grazing lease, 

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

4 holder of the lease, permit, or contract shall be enti5 tled to a preference right to renew the lease, permit, 

6 or contract. 

7 (3) CANCELLATION.—Nothing in this Act pre8 vents the State from canceling a grazing permit, 

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

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

11 leased for non-grazing purposes by the State. 

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

13 the State under this Act is used by a grazing per14 mittee or lessee to meet the base property require15 ments for a Federal grazing permit or lease, the 

16 land shall continue to qualify as a base property for 

17 the remaining term of the lease or permit and the 

18 term of any renewal or extension of the lease or per19 mit. 

20 (d) HAZARDOUS MATERIALS.— 

21 (1) IN GENERAL.—The Secretary and, as a con22 dition of the exchange, the State shall make avail23 able for review and inspection any record relating to 

24 hazardous materials on the land to be exchanged 

25 under this Act. 
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1 (2) COSTS.—The costs of remedial actions re2 lating to hazardous materials on land acquired 

3 under this Act shall be paid by those entities respon4 sible for the costs under applicable law. 

5 (e) HISTORIC PROPERTIES.—A conveyance of Fed6 eral land under this Act shall not be considered to be an 

7 undertaking under section 106 of the National Historic 

8 Preservation Act (16 U.S.C. 470f) if the Utah State An9 tiquities Act (Utah Code Ann. 9–8–301 et seq.) is in effect 

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

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

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

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

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

15 1716(a)). 

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