II 

Calendar No. 973 

110TH CONGRESS 

2D SESSION S. 390 

To direct the exchange of certain land in Grand, San Juan, and Uintah 

Counties, Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2007 

Mr. BENNETT (for himself and Mr. HATCH) introduced the following bill; 

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

SEPTEMBER 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

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

A BILL 

To direct the exchange of certain land in Grand, San Juan, 

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 2007’’. 


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1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) the area surrounding the Colorado River in 

4 Grand and San Juan Counties, Utah, and Dinosaur 

5 National Monument and the Book Cliffs in Uintah 

6 County, Utah, contains nationally recognized scenic 

7 vistas, significant archaeological and historic re8 sources, valuable wildlife habitat, and outstanding 

9 opportunities for public recreation that are enjoyed 

10 by hundreds of 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— 


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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; 


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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 direct, 

13 facilitate, and expedite the exchange of certain Federal 

14 land and non-Federal land in the State to further the pub15 lic 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 land located in Grand, San Juan, and 


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1 Uintah Counties, Utah, that is identified on the 

2 maps as— 

3 (A) ‘‘BLM Subsurface only Proposed for 

4 Transfer to State Trust Lands’’; 

5 (B) ‘‘BLM Surface only Proposed for 

6 Transfer to State Trust Lands’’; and 

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

8 State Trust Lands’’. 

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

10 County Map’’ means the map prepared by the Bu11 reau of Land Management entitled ‘‘Utah Rec12 reational Land Exchange Act Grand County’’ and 

13 dated øllll¿. 

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

15 County Map and the Uintah County Map. 

16 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed17 eral land’’ means the land in Grand, San Juan, and 

18 Uintah Counties, Utah, that is identified on the 

19 maps as— 

20 (A) ‘‘State Trust Land Proposed for 

21 Transfer to BLM’’; and 

22 (B) ‘‘State Trust Minerals Proposed for 

23 Transfer to BLM’’. 

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

25 the Secretary of the Interior. 


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

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

3 Institutional Trust Lands Management Act (Utah 

4 Code Ann. 53C–1–101 et seq.). 

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

6 County Map’’ means the map prepared by the Bu7 reau of Land Management entitled ‘‘Utah Rec8 reational Land Exchange Act Uintah County’’ and 

9 dated øllll¿. 

10 SEC. 4. EXCHANGE OF LAND. 

11 (a) IN GENERAL.—Notwithstanding any other provi12 sion of law, if, not later than 30 days after the date of 

13 enactment of this Act, the State offers to convey to the 

14 United States title to the non-Federal land, the Secretary 

15 shall— 

16 (1) accept the offer; and 

17 (2) on receipt of acceptable title to the non18 Federal land and subject to valid existing rights, 

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

20 the United States in and to the Federal land. 

21 (b) CONVEYANCE OF PARCELS IN PHASES.— 

22 (1) IN GENERAL.—Notwithstanding that ap23 praisals for all of the parcels of Federal land and 

24 non-Federal land may not have been completed 

25 under section 5, parcels of the Federal land and 


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1 non-Federal land may be exchanged under sub2 section (a) in 3 phases beginning on the date on 

3 which the appraised values of the parcels included in 

4 the the applicable phase are approved under section 

5 5(b)(5). 

6 (2) PHASES.—The 3 phases referred to in para7 graph (1) are— 

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

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

10 Grand County Map; 

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

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

13 Grand County Map and the Uintah County 

14 Map; and 

15 (C) phase 3, consisting of any remaining 

16 non-Federal land that is not identified as 

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

18 Grand County Map or the Uintah County Map. 

19 (3) NO AGREEMENT ON EXCHANGE.—If agree20 ment has not been reached with respect to the ex21 change of an individual parcel of Federal land or 

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

23 agree to set aside the individual parcel to allow the 

24 exchange of the other parcels of Federal land and 

25 non-Federal land to proceed. 


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1 (c) APPURTENANT WATER RIGHTS.—Any convey2 ance of a parcel of Federal land or non-Federal land under 

3 this Act shall include the conveyance of water rights ap4 purtenant to the parcel conveyed. 

5 (d) TIMING.— 

6 (1) IN GENERAL.—Except as provided in para7 graphs (2) and (3), the exchange of land authorized 

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

9 330 days after the date on which the State makes 

10 the Secretary an offer to convey the non-Federal 

11 land under that subsection. 

12 (2) EXCEPTION.—The deadline established 

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

14 land, the value of which is being determined under 

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

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

17 may mutually agree to extend the deadline specified 

18 in paragraph (1). 

19 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI20 ZATION. 

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

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

23 this Act— 

24 (1) shall be equal; or 


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1 (2) shall be made equal in accordance with sub2 section (c). 

3 (b) APPRAISALS.— 

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

5 land and the non-Federal land shall be determined 

6 by appraisals conducted in accordance with— 

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

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

9 1716(d)); and 

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

11 Federal Regulations (or successor regulations). 

12 (2) SELECTION OF APPRAISER.—The appraisals 

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

14 conducted by 1 or more independent third-party ap15 praisers selected jointly by the Secretary and the 

16 State. 

17 (3) COSTS.— 

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

19 State shall share third-party appraisal costs 

20 equally. 

21 (B) ADJUSTMENT.—The Secretary and the 

22 State may agree to adjust the relative value of 

23 the Federal land and non-Federal land to be ex24 changed under this Act if the Secretary or the 


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1 State has paid a disproportionate share of the 

2 third-party appraisal costs. 

3 (4) VALUATION OF UNLEASED FEDERAL LAND; 

4 REVENUE SHARING.— 

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

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

7 leased under the Mineral Leasing Act (30 

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

9 regard to the presence of minerals subject to 

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

11 applicable parcel to the State, the State agrees 

12 to pay to the United States— 

13 (i) 50 percent of any bonus or rental 

14 payments (in the form of money or other 

15 consideration) that the State receives for 

16 the disposition of any interest in the min17 erals after the date of conveyance; and 

18 (ii) an amount equal to— 

19 (I) the fraction of gross proceeds 

20 from mineral production (in the form 

21 of money or other consideration) to 

22 which the United States would have 

23 been entitled as a production royalty 

24 if the land had been— 


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1 (aa) retained by the United 

2 States; and 

3 (bb) leased under the provi4 sions of that Act in effect on the 

5 date of this Act; minus 

6 (II) the portion of production 

7 royalties that would otherwise be pay8 able to the State under section 35 of 

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

10 191). 

11 (B) OBLIGATION AS COVENANT.—The obli12 gation of the State to pay bonus, rental, and 

13 royalty revenues to the United States under 

14 subparagraph (A) shall be a permanent cov15 enant running with the applicable parcel of 

16 Federal land conveyed to the State. 

17 (5) REVIEW AND APPROVAL.— 

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

19 days after the date on which the appraiser is 

20 selected under paragraph (2), the appraiser 

21 shall submit to the Secretary and the State a 

22 copy of the completed appraisals for review. 

23 (B) APPROVAL OR DISAPPROVAL.—Not 

24 later than 90 days after the date of receipt of 

25 an appraisal under subparagraph (A), the SecVerDate Aug 31 2005 00:04 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S390.RS S390

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1 retary and the State shall independently ap2 prove or disapprove the appraisal. 

3 (6) DETERMINATION OF VALUE.— 

4 (A) DETERMINATION BY SECRETARY AND

5 STATE.—If the Secretary and the State are un6 able to agree on the value of a parcel of land, 

7 the value of the parcel may be determined by 

8 the Secretary and the State in accordance with 

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

10 Federal Land Policy and Management Act of 

11 1976 (43 U.S.C. 1716(d)). 

12 (B) VALUATION OF LEASED FEDERAL

13 LAND.— 

14 (i) IN GENERAL.—If value is attrib15 uted to any parcel of Federal land because 

16 of the presence of minerals subject to leas17 ing under the Mineral Leasing Act (30 

18 U.S.C. 191 et seq.), and the parcel is sub19 ject to an existing lease under that Act, 

20 the value of the parcel shall be equal to the 

21 value of the parcel as determined under 

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

23 (ii) ADJUSTMENT.— 

24 (I) IN GENERAL.—The value of 

25 the parcel subject to a lease under 


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1 clause (i) shall be reduced by the per2 centage of the Federal revenue shar3 ing obligation under section 35(a) of 

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

5 191(a)). 

6 (II) NO PROPERTY RIGHT.—An 

7 adjustment under subclause (I) shall 

8 not be considered to be a property 

9 right of the State. 

10 (C) DETERMINATION BY COURT.— 

11 (i) IN GENERAL.—Notwithstanding 

12 any other provision of law, if the Secretary 

13 and the State have not agreed on the value 

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

15 the date of enactment of this Act, a Fed16 eral district court (including the United 

17 States District Court for the District of 

18 Utah, Central Division) shall have jurisdic19 tion to determine the value of the parcel. 

20 (ii) LIMITATION.—An action to deter21 mine the value of a parcel under clause (i) 

22 shall be brought not earlier than 1 year, 

23 but not more than 3 years, after the date 

24 of enactment of this Act. 

25 (D) AVAILABILITY OF APPRAISALS.— 


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

2 appraisal reviews, and determinations of 

3 value for land to be exchanged under this 

4 Act shall be available for public review at 

5 the Utah State Office of the Bureau of 

6 Land Management at least 30 days before 

7 the conveyance of the applicable parcels. 

8 (ii) PUBLICATION.—The Secretary 

9 shall publish in a newspaper of general cir10 culation in Salt Lake County, Utah, a no11 tice that the appraisals are available for 

12 public inspection. 

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 (A) the Secretary may, to the extent con19 sistent with other applicable laws (including 

20 regulations), offer to convey to the State, in 

21 partial exchange for the non-Federal land, any 

22 Federal land in the State that— 

23 (i) is mutually selected by the Sec24 retary and the State; 


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1 (ii) the Secretary has identified as 

2 suitable for disposal in a resource manage3 ment plan prepared under the Federal 

4 Land Policy and Management Act of 1976 

5 (43 U.S.C. 1701 et seq.); or 

6 (B) the State, after consultation with the 

7 Secretary, may remove parcels of non-Federal 

8 land from the exchange until the value of the 

9 Federal land and non-Federal land is equal. 

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

11 completion of the appraisal and dispute resolution 

12 process under subsection (b), the value of the Fed13 eral land exceeds the value of the non-Federal land, 

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

15 may be equalized by— 

16 (A) the Secretary, after consultation with 

17 the State, removing parcels of Federal land 

18 from the exchange until the value is equal; or 

19 (B) the Secretary and the State adding ad20 ditional State trust land to the non-Federal 

21 land, if— 

22 (i) the additional land has been ap23 praised in accordance with an ongoing 

24 Federal acquisition process or program; 

25 and 


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1 (ii) the appraised value (as deter2 mined under clause (i)) has been accepted 

3 by the Secretary. 

4 (3) NOTICE AND PUBLIC INSPECTION.— 

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

6 the State determine to add or remove land from 

7 the exchange, the Secretary shall— 

8 (i) publish in a newspaper of general 

9 circulation in Salt Lake County, Utah, a 

10 notice that identifies when and where a re11 vised exchange map will be available for 

12 public inspection; and 

13 (ii) transmit to the Committee on En14 ergy and Natural Resources of the Senate 

15 and the Committee on Resources of the 

16 House of Representatives a copy of the re17 vised exchange map. 

18 (B) LIMITATION.—The Secretary and the 

19 State shall not add or remove land from the ex20 change until at least 20 days after the date on 

21 which the notice is published under subpara22 graph (A)(i) and the map is transmitted under 

23 subparagraph (A)(ii). 

24 (d) RESOURCE REPORT.— 


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

2 of Federal land to be conveyed to the State, the Sec3 retary shall prepare a report, based on resource in4 ventories and information in existence on the date 

5 on which the report is prepared, that identifies any 

6 significant resource values, issues, or management 

7 concerns associated with the parcel. 

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

9 be subject to the public notice and inspection in ac10 cordance with subsection (b)(6)(D). 

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 land acquired by 

18 the United States under this Act shall become part 

19 of, and be managed as part of, the Federal adminis20 trative unit or area in which the land is located. 

21 (2) MINERAL LEASING AND OCCUPANCY.— 

22 (A) IN GENERAL.—Subject to valid exist23 ing rights, the non-Federal land acquired by the 

24 United States under this Act shall be with25 drawn from the operation of the mineral leasing 


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1 and mineral material disposal laws until the 

2 later of— 

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

4 date of enactment of this Act; or 

5 (ii) the date on which the Record of 

6 Decision authorizing the implementation of 

7 the applicable resource management plans 

8 under section 202 of the Federal Land 

9 Policy and Management Act of 1976 (43 

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

11 (B) EXCEPTION.—Any land identified on 

12 the maps as ‘‘Withdrawal Parcels’’ is with13 drawn from the operation of the mineral leasing 

14 and mineral material disposal laws. 

15 (3) RECEIPTS.— 

16 (A) IN GENERAL.—Any receipts derived 

17 from the non-Federal land acquired under this 

18 Act shall be paid into the general fund of the 

19 Treasury. 

20 (B) APPLICABLE LAW.—Mineral receipts 

21 from the non-Federal land acquired under this 

22 Act shall not be subject to section 35 of the 

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

24 (b) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX25 CHANGE.—Subject to valid existing rights, during the peVerDate Aug 31 2005 00:04 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S390.RS S390

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1 riod beginning on the date of enactment of this Act and 

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

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

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

5 is withdrawn from— 

6 (1) disposition (other than disposition under 

7 section 4) under the public land laws; 

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

9 laws; and 

10 (3) the operation of— 

11 (A) the mineral leasing laws; 

12 (B) the Geothermal Steam Act of 1970 

13 (30 U.S.C. 1001 et seq.); and 

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

15 1947 (commonly known as the ‘‘Materials Act 

16 of 1947’’) (30 U.S.C. 601). 

17 (c) GRAZING PERMITS.— 

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

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

20 grazing of domestic livestock in effect on the date of 

21 acquisition, the person or entity acquiring the land 

22 shall allow the grazing to continue for the remainder 

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

24 to the related terms and conditions of user agree25 ments, including permitted stocking rates, grazing 


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

2 range improvements. 

3 (2) RENEWAL.—To the extent allowed by Fed4 eral or State law, on expiration of any grazing lease, 

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

6 holder of the lease, permit, or contract shall be enti7 tled to a preference right to renew the lease, permit, 

8 or contract. 

9 (3) CANCELLATION.— 

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

11 prevents the Secretary or the State from can12 celing or modifying a grazing permit, lease, or 

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

14 or contract is sold, conveyed, transferred, or 

15 leased for nongrazing purposes by the party. 

16 (B) LIMITATION.—Except to the extent 

17 reasonably necessary to accommodate surface 

18 operations in support of mineral development, 

19 the Secretary or the State shall not cancel or 

20 modify a grazing permit, lease, or contract be21 cause the land subject to the permit, lease, or 

22 contract has been leased for mineral develop23 ment. 

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

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1 mittee or lessee to meet the base property require2 ments for a Federal grazing permit or lease, the 

3 land shall continue to qualify as a base property for 

4 the remaining term of the lease or permit and the 

5 term of any renewal or extension of the lease or per6 mit. 

7 (d) HAZARDOUS MATERIALS.— 

8 (1) IN GENERAL.—The Secretary and, as a con9 dition of the exchange, the State shall make avail10 able for review and inspection any record relating to 

11 hazardous materials on the land to be exchanged 

12 under this Act. 

13 (2) COSTS.—The costs of remedial actions re14 lating to hazardous materials on land acquired 

15 under this Act shall be paid by those entities respon16 sible for the costs under applicable law. 

17 (e) PROVISIONS RELATING TO FEDERAL LAND.— 

18 The exchange of land under this Act shall be considered 

19 to be in the public interest under section 206(a) of the 

20 Federal Land Policy and Management Act of 1976 (43 

21 U.S.C. 1716(a)). 

22 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

23 There are authorized to be appropriated such sums 

24 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 Recreational Land 

3 Exchange Act of 2008’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

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

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

8 Uintah Counties, Utah, that is identified on the maps 

9 as— 

10 (A) ‘‘BLM Subsurface only Proposed for 

11 Transfer to State Trust Lands’’; 

12 (B) ‘‘BLM Surface only Proposed for 

13 Transfer to State Trust Lands’’; and 

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

15 State Trust Lands’’. 

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

17 County Map’’ means the map prepared by the Bureau 

18 of Land Management entitled ‘‘Utah Recreational 

19 Land Exchange Act Grand County’’, dated October 3, 

20 2007, and relating to the exchange of Federal land 

21 and non-Federal land in Grand and San Juan Coun22 ties, Utah. 

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

24 County Map and the Uintah County Map. 

25 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed26 eral land’’ means the land in Grand, San Juan, and 


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1 Uintah Counties, Utah, that is identified on the maps 

2 as— 

3 (A) ‘‘State Trust Land Proposed for Trans4 fer to BLM’’; and 

5 (B) ‘‘State Trust Minerals Proposed for 

6 Transfer to BLM’’. 

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

8 the Secretary of the Interior. 

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

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

11 Institutional Trust Lands Management Act (Utah 

12 Code Ann. 53C–1–101 et seq.). 

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

14 County Map’’ means the map prepared by the Bureau 

15 of Land Management entitled ‘‘Utah Recreational 

16 Land Exchange Act Uintah County’’, dated October 

17 3, 2007, and relating to the exchange of Federal land 

18 and non-Federal land in Uintah County, Utah. 

19 SEC. 3. EXCHANGE OF LAND. 

20 (a) IN GENERAL.—If the State offers to convey to the 

21 United States title to the non-Federal land, the Secretary 

22 shall— 

23 (1) accept the offer; and 

24 (2) on receipt of all right, title, and interest of 

25 the State in and to the non-Federal land, convey to 


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1 the State all right, title, and interest of the United 

2 States in and to the Federal land. 

3 (b) CONDITIONS.—The exchange authorized under sub4 section (a) shall be subject to— 

5 (1) valid existing rights; 

6 (2) except as otherwise provided by this Act— 

7 (A) section 206 of the Federal Land Policy 

8 and Management Act of 1976 (43 U.S.C. 1716); 

9 and 

10 (B) any other applicable laws; and 

11 (3) any additional terms and conditions that the 

12 Secretary and the State mutually determine to be ap13 propriate. 

14 (c) TITLE APPROVAL.—Title to the Federal land and 

15 non-Federal land to be exchanged under this section shall 

16 be in a format acceptable to the Secretary and the State. 

17 (d) APPRAISALS.— 

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

19 and the non-Federal land shall be determined by ap20 praisals conducted by 1 or more independent apprais21 ers selected jointly by the Secretary and the State. 

22 (2) APPLICABLE LAW.—The appraisals con23 ducted under paragraph (1) shall be conducted in ac24 cordance with section 206 of the Federal Land Policy 

25 and Management Act of 1976 (43 U.S.C. 1716). 


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1 (3) APPROVAL.—The appraisals conducted under 

2 paragraph (1) shall be submitted to the Secretary and 

3 the State for approval. 

4 (4) ADJUSTMENT.— 

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

6 any parcel of Federal land because of the pres7 ence of minerals subject to leasing under the 

8 Mineral Leasing Act (30 U.S.C. 181 et seq.), the 

9 value of the parcel (as otherwise established 

10 under this section) shall be reduced by the per11 centage of the Federal revenue sharing with a 

12 State under section 35(a) of the Mineral Leasing 

13 Act (30 U.S.C. 191(a)). 

14 (B) LIMITATION.—An adjustment under 

15 subparagraph (A) shall not be considered as a 

16 property right of the State. 

17 (5) AVAILABILITY OF APPRAISALS.— 

18 (A) IN GENERAL.—All final appraisals, ap19 praisal reviews, and determinations of value for 

20 land to be exchanged under this Act shall be 

21 available for public review at the Utah State Of22 fice of the Bureau of Land Management at least 

23 30 days before the conveyance of the applicable 

24 parcels. 


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1 (B) PUBLICATION.—The Secretary or the 

2 State, as applicable, shall publish in a news3 paper of general circulation in Salt Lake Coun4 ty, Utah, a notice that the appraisals are avail5 able for public inspection. 

6 (e) CONVEYANCE OF PARCELS IN PHASES.— 

7 (1) IN GENERAL.—Notwithstanding that ap8 praisals for all of the parcels of Federal land and 

9 non-Federal land may not have been approved under 

10 subsection (d)(3), parcels of the Federal land and 

11 non-Federal land may be exchanged under subsection 

12 (a) in 3 phases beginning on the date on which the 

13 appraised values of the parcels included in the appli14 cable phase are approved under this subsection. 

15 (2) PHASES.—The 3 phases referred to in para16 graph (1) are— 

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

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

19 Grand County Map; 

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

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

22 Grand County Map and the Uintah County 

23 Map; and 

24 (C) phase 3, consisting of any remaining 

25 non-Federal land that is not identified as ‘‘phase 


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1 one’’ land or ‘‘phase two’’ land on the Grand 

2 County Map or the Uintah County Map. 

3 (3) NO AGREEMENT ON EXCHANGE.—If agree4 ment has not been reached with respect to the ex5 change of an individual parcel of Federal land or 

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

7 agree to set aside the individual parcel to allow the 

8 exchange of the other parcels of Federal land and non9 Federal land to proceed. 

10 (4) TIMING.—It is the intent of Congress that at 

11 least the first phase of the exchange of land authorized 

12 by subsection (a) be completed not later than 360 

13 days after the date on which the State makes the Sec14 retary an offer to convey the non-Federal land under 

15 that subsection. 

16 (f) RESERVATION OF INTEREST IN OIL SHALE.— 

17 (1) IN GENERAL.—With respect to Federal land 

18 that contains oil shale resources, the Secretary shall 

19 reserve an interest in the portion of the mineral estate 

20 that contains the oil shale resources. 

21 (2) EXTENT OF INTEREST.—The interest reserved 

22 by the United States under paragraph (1) shall con23 sist of— 

24 (A) 50 percent of any bonus bid or other 

25 payment received by the State as consideration 


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1 for securing any lease or authorization to de2 velop oil shale resources; 

3 (B) the amount that would have been re4 ceived by the Federal Government under the ap5 plicable royalty rate if the oil shale resources had 

6 been retained in Federal ownership; and 

7 (C) 50 percent of any other payment re8 ceived by the State pursuant to any lease or au9 thorization to develop the oil shale resources. 

10 (3) PAYMENT.—Any amounts due under para11 graph (2) shall be paid by the State to the United 

12 States not less than quarterly. 

13 (4) NO OBLIGATION TO LEASE.—The State shall 

14 not be obligated to lease or otherwise develop oil shale 

15 resources in which the United States retains an inter16 est under this subsection. 

17 (5) VALUATION.—Federal land in which the Sec18 retary reserves an interest under this subsection shall 

19 be appraised— 

20 (A) without regard to the presence of oil 

21 shale; and 

22 (B) in accordance with subsection (d). 

23 (g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX24 CHANGE.—Subject to valid existing rights, during the pe25 riod beginning on the date of enactment of this Act and 


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1 ending on the earlier of the date that the Federal land is 

2 removed from the exchange or the date on which the Federal 

3 land is conveyed under this Act, the Federal land is with4 drawn from— 

5 (1) disposition (other than disposition under sec6 tion 4) under the public land laws; 

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

8 laws; and 

9 (3) the operation of— 

10 (A) the mineral leasing laws; 

11 (B) the Geothermal Steam Act of 1970 (30 

12 U.S.C. 1001 et seq.); and 

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

14 1947 (commonly known as the ‘‘Materials Act of 

15 1947’’) (30 U.S.C. 601). 

16 (h) APPURTENANT WATER RIGHTS.—Any conveyance 

17 of a parcel of Federal land or non-Federal land under this 

18 Act shall include the conveyance of water rights appur19 tenant to the parcel conveyed. 

20 (i) EQUAL VALUE EXCHANGE.— 

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

22 and non-Federal land to be exchanged under this 

23 Act— 

24 (A) shall be equal; or 


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1 (B) shall be made equal in accordance with 

2 paragraph (2). 

3 (2) EQUALIZATION.— 

4 (A) SURPLUS OF FEDERAL LAND.—If the 

5 value of the Federal land exceeds the value of the 

6 non-Federal land, the value of the Federal land 

7 and non-Federal land shall be equalized, as de8 termined to be appropriate and acceptable by the 

9 Secretary and the State— 

10 (i) by reducing the acreage of the Fed11 eral land to be conveyed; or 

12 (ii) by adding additional State land to 

13 the non-Federal land to be conveyed. 

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

15 the value of the non-Federal land exceeds the 

16 value of the Federal land, the value of the Fed17 eral land and non-Federal land shall be equal18 ized by reducing the acreage of the non-Federal 

19 land to be conveyed, as determined to be appro20 priate and acceptable by the Secretary and the 

21 State. 

22 (3) NOTICE AND PUBLIC INSPECTION.— 

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

24 State determine to add or remove land from the 

25 exchange, the Secretary or the State shall— 


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1 (i) publish in a newspaper of general 

2 circulation in Salt Lake County, Utah, a 

3 notice that identifies when and where a re4 vised exchange map will be available for 

5 public inspection; and 

6 (ii) transmit to the Committee on Nat7 ural Resources of the House of Representa8 tives and the Committee on Energy and 

9 Natural Resources of the Senate a copy of 

10 the revised exchange map. 

11 (B) LIMITATION.—The Secretary and the 

12 State shall not add or remove land from the ex13 change until at least 30 days after the date on 

14 which the notice is published under subpara15 graph (A)(i) and the map is transmitted under 

16 subparagraph (A)(ii). 

17 SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EX18 CHANGE. 

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

20 (1) IN GENERAL.—Subject to paragraph (2) and 

21 in accordance with section 206(c) of the Federal Land 

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

23 1716(c)), the non-Federal land acquired by the United 

24 States under this Act shall become part of, and be 


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1 managed as part of, the Federal administrative unit 

2 or area in which the land is located. 

3 (2) MINERAL LEASING AND OCCUPANCY.— 

4 (A) IN GENERAL.—Subject to valid existing 

5 rights, the non-Federal land acquired by the 

6 United States under this Act shall be withdrawn 

7 from the operation of the mineral leasing laws 

8 until the later of— 

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

10 date of enactment of this Act; or 

11 (ii) the date on which the Record of 

12 Decision authorizing the implementation of 

13 the applicable resource management plans 

14 under section 202 of the Federal Land Pol15 icy and Management Act of 1976 (43 

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

17 (B) EXCEPTION.—Any land identified on 

18 the maps as ‘‘Withdrawal Parcels’’ is withdrawn 

19 from the operation of the mineral leasing and 

20 mineral material disposal laws. 

21 (3) RECEIPTS.— 

22 (A) IN GENERAL.—Any mineral receipts de23 rived from the non-Federal land acquired under 

24 this Act shall be paid into the general fund of the 

25 Treasury. 


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1 (B) APPLICABLE LAW.—Mineral receipts 

2 from the non-Federal land acquired under this 

3 Act shall not be subject to section 35 of the Min4 eral Leasing Act (30 U.S.C. 191). 

5 (b) GRAZING PERMITS.— 

6 (1) IN GENERAL.—If land conveyed under this 

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

8 grazing of domestic livestock in effect on the date of 

9 acquisition, the Secretary and the State shall allow 

10 the grazing to continue for the remainder of the term 

11 of the lease, permit, or contract, subject to the related 

12 terms and conditions of user agreements, including 

13 permitted stocking rates, grazing fee levels, access 

14 rights, and ownership and use of range improvements. 

15 (2) RENEWAL.—To the extent allowed by Federal 

16 or State law, on expiration of any grazing lease, per17 mit, or contract described in paragraph (1), the hold18 er of the lease, permit, or contract shall be entitled to 

19 a preference right to renew the lease, permit, or con20 tract. 

21 (3) CANCELLATION.— 

22 (A) IN GENERAL.—Nothing in this Act pre23 vents the Secretary or the State from canceling 

24 or modifying a grazing permit, lease, or contract 

25 if the land subject to the permit, lease, or conVerDate Aug 31 2005 00:04 Sep 17, 2008 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6203 E:\BILLS\S390.RS S390

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1 tract is sold, conveyed, transferred, or leased for 

2 nongrazing purposes by the Secretary or the 

3 State. 

4 (B) LIMITATION.—Except to the extent rea5 sonably necessary to accommodate surface oper6 ations in support of mineral development, the 

7 Secretary or the State shall not cancel or modify 

8 a grazing permit, lease, or contract because the 

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

10 been leased for mineral development. 

11 (4) BASE PROPERTIES.—If land conveyed by the 

12 State under this Act is used by a grazing permittee 

13 or lessee to meet the base property requirements for a 

14 Federal grazing permit or lease, the land shall con15 tinue to qualify as a base property for the remaining 

16 term of the lease or permit and the term of any re17 newal or extension of the lease or permit. 

18 (c) HAZARDOUS MATERIALS.— 

19 (1) IN GENERAL.—The Secretary and, as a con20 dition of the exchange, the State shall make available 

21 for review and inspection any record relating to haz22 ardous materials on the land to be exchanged under 

23 this Act. 

24 (2) COSTS.—The costs of remedial actions relat25 ing to hazardous materials on land acquired under 


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1 this Act shall be paid by those entities responsible for 

2 the costs under applicable law. 

3 (d) EASEMENT.—The conveyance of Federal land in 

4 sec.33, T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., 

5 of the Salt Lake Meridian, shall be subject to a 1,000 foot 

6 wide scenic easement and a 200 foot wide road right-of7 way previously granted to the National Park Service for 

8 the Dinosaur National Monument, as described in Land 

9 Withdrawal No. U–0141143, pursuant to the Act of Sep10 tember 8, 1960 (74 Stat. 857,861). 

11 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums as 

13 are necessary to carry out this Act. 


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Calendar No. 973 

110TH CONGRESS 

2D SESSION S. 390 

A BILL 

To direct the exchange of certain land in Grand, 

other purposes. San Juan, and Uintah Counties, Utah, and for 

SEPTEMBER 16, 2008 

Reported with an amendment 


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