I 

115TH CONGRESS 

2D SESSION H. R. 5727 

To establish the San Rafael Swell Western Heritage and Historic Mining 

National Conservation Area in the State of Utah, to designate wilderness 

areas in the State, to provide for certain land conveyances, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2018 

Mr. CURTIS (for himself and Ms. HANABUSA) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

To establish the San Rafael Swell Western Heritage and 

Historic Mining National Conservation Area in the State 

of Utah, to designate wilderness areas in the State, to 

provide for certain land conveyances, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Emery County Public Land Management Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—SAN RAFAEL SWELL WESTERN HERITAGE AND 

HISTORIC MINING NATIONAL CONSERVATION AREA 

Sec. 101. Establishment of Conservation Area. 

Sec. 102. Management of Conservation Area. 

Sec. 103. San Rafael Swell Western Heritage and Historic Mining National 

Conservation Area Advisory Council. 

TITLE II—WILDERNESS AREAS 

Sec. 201. Additions to the National Wilderness Preservation System. 

Sec. 202. Administration. 

Sec. 203. Fish and wildlife management. 

Sec. 204. Release of land for nonwilderness use. 

TITLE III—WILD AND SCENIC RIVER DESIGNATION 

Sec. 301. Green River wild and scenic river designation. 

TITLE IV—LAND MANAGEMENT AND CONVEYANCES 

Sec. 401. Temple Mountain Cooperative Management Area. 

Sec. 402. Goblin Valley State Park recreation and public purpose agreement. 

Sec. 403. Jurassic National Monument. 

Sec. 404. Public land disposal and acquisition. 

Sec. 405. Public purpose conveyances. 

Sec. 406. Exchange of School and Institutional Trust Lands Administration 

land. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONSERVATION AREA.—The term ‘‘Con4 servation Area’’ means the San Rafael Swell West5 ern Heritage and Historic Mining National Con6 servation Area established by section 101(a)(1). 

7 (2) COUNCIL.—The term ‘‘Council’’ means the 

8 San Rafael Swell Western Heritage and Historic 

9 Mining National Conservation Area Advisory Council 

10 established under section 103(a). 

11 (3) COUNTY.—The term ‘‘County’’ means 

12 Emery County in the State. 


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1 (4) MANAGEMENT PLAN.—The term ‘‘Manage2 ment Plan’’ means the management plan for the 

3 Conservation Area developed under section 102(b). 

4 (5) MAP.—The term ‘‘Map’’ means the map en5 titled ‘‘San Rafael Swell Western Heritage and His6 toric Mining National Conservation Area Map’’ and 

7 dated lllll, 2018. 

8 (6) SECRETARY.—The term ‘‘Secretary’’ 

9 means— 

10 (A) in titles I and IV, the Secretary of the 

11 Interior; and 

12 (B) in titles II and III— 

13 (i) the Secretary of the Interior, act14 ing through the Director of the Bureau of 

15 Land Management, with respect to public 

16 land; and 

17 (ii) the Secretary of Agriculture, act18 ing through the Chief of the Forest Serv19 ice, with respect to National Forest System 

20 land (as defined in section 103 of the Fed21 eral Land Policy and Management Act of 

22 1976 (43 U.S.C. 1702)). 

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

24 of Utah. 


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1 (8) WILDERNESS AREA.—The term ‘‘wilderness 

2 area’’ means a wilderness area designated by section 

3 201(a). 

4 TITLE I—SAN RAFAEL SWELL 

5 WESTERN HERITAGE AND 

6 HISTORIC MINING NATIONAL 

7 CONSERVATION AREA 

8 SEC. 101. ESTABLISHMENT OF CONSERVATION AREA. 

9 (a) ESTABLISHMENT.— 

10 (1) IN GENERAL.—Subject to valid existing 

11 rights, there is established the San Rafael Swell 

12 Western Heritage and Historic Mining National 

13 Conservation Area in the State. 

14 (2) AREA INCLUDED.—The Conservation Area 

15 shall consist of approximately 336,467 acres of Bu16 reau of Land Management land in the State, as gen17 erally depicted on the Map. 

18 (b) PURPOSES.—The purposes of the Conservation 

19 Area are to conserve, protect, and enhance the rec20 reational, cultural, historical, educational, natural, scenic, 

21 and wildlife resources of the Conservation Area. 

22 (c) MAP AND LEGAL DESCRIPTION.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the Secretary 

25 shall file a map and legal description of the ConVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 servation Area with the Committee on Natural Re2 sources of the House of Representatives and the 

3 Committee on Energy and Natural Resources of the 

4 Senate. 

5 (2) EFFECT.—The map and legal description 

6 filed under paragraph (1) shall have the same force 

7 and effect as if included in this title, except that the 

8 Secretary may correct minor errors in the map or 

9 legal description. 

10 (3) PUBLIC AVAILABILITY.—A copy of the map 

11 and legal description filed under paragraph (1) shall 

12 be on file and available for public inspection in the 

13 appropriate offices of the Bureau of Land Manage14 ment. 

15 SEC. 102. MANAGEMENT OF CONSERVATION AREA. 

16 (a) USES.—The Secretary shall allow only such uses 

17 of the Conservation Area as the Secretary determines 

18 would further the purposes of the Conservation Area. 

19 (b) MANAGEMENT PLAN.— 

20 (1) IN GENERAL.—Not later than 3 years after 

21 the date of enactment of this Act, the Secretary 

22 shall develop a comprehensive management plan for 

23 the long-term protection and management of the 

24 Conservation Area. 


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1 (2) REQUIREMENTS.—The Management Plan 

2 shall— 

3 (A) describe the appropriate uses and 

4 management of the Conservation Area; 

5 (B) be developed with extensive public 

6 input; and 

7 (C) take into consideration any informa8 tion developed in studies of the land within the 

9 Conservation Area. 

10 (c) OUTFITTING AND GUIDE ACTIVITIES.—Commer11 cial services (including authorized outfitting and guide ac12 tivities) within the Conservation Area may be authorized 

13 to the extent necessary for activities that fulfill the rec14 reational or other purposes of the Conservation Area. 

15 (d) MOTORIZED VEHICLES.— 

16 (1) IN GENERAL.—Except as needed for emer17 gency response or administrative purposes, the use 

18 of motorized vehicles in the Conservation Area shall 

19 be permitted only on roads and motorized routes 

20 designated in the Management Plan for the use of 

21 motorized vehicles. 

22 (2) NEW ROADS.—No additional roads or mo23 torized vehicle routes shall be built within the Con24 servation Area after the date of enactment of this 

25 Act. 


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1 (e) GRAZING.— 

2 (1) IN GENERAL.—The grazing of livestock in 

3 the Conservation Area, if established before the date 

4 of enactment of this Act, shall be allowed to con5 tinue, subject to such reasonable regulations, poli6 cies, and practices as the Secretary considers to be 

7 necessary in accordance with— 

8 (A) applicable law (including regulations); 

9 (B) the guidelines set forth in Appendix A 

10 of the report of the Committee on Interior and 

11 Insular Affairs of the House of Representatives 

12 accompanying H.R. 2570 of the 101st Congress 

13 (House Report 101–405); and 

14 (C) the purposes of the Conservation Area. 

15 (2) INVENTORY.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary, in 

17 collaboration with any affected grazing permittee, 

18 shall— 

19 (A) carry out an inventory of facilities and 

20 improvements associated with grazing activities 

21 in the Conservation Area; and 

22 (B) incorporate into the Management Plan 

23 a list of any facilities and improvements inven24 toried under subparagraph (A). 


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1 (f) COLD WAR SITES.—The Secretary shall manage 

2 the Conservation Area in a manner that ensures the pres3 ervation of Cold War sites, including the Morrison 

4 Knudson tunnels, various Department of Defense projects 

5 sites, and hundreds of historical uranium mine sites in the 

6 Conservation Area. 

7 (g) CASUAL COLLECTION.— 

8 (1) DEFINITION OF CASUAL COLLECTION.— 

9 (A) IN GENERAL.—In this subsection, the 

10 term ‘‘casual collection’’ means the collection of 

11 common invertebrate and plant paleontological 

12 resources or rocks and minerals— 

13 (i) by— 

14 (I) surface collection; or 

15 (II) the use of nonpowered hand 

16 tools; 

17 (ii) for noncommercial personal use of 

18 a reasonable quantity, as determined by 

19 the Secretary; and 

20 (iii) that results in negligible disturb21 ance, as determined by the Secretary, of— 

22 (I) the surface of the Earth; and 

23 (II) other resources. 


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1 (B) INCLUSIONS.—The term ‘‘casual col2 lection’’ includes the hobby collecting of rocks, 

3 subject to the discretion of the Secretary. 

4 (2) CASUAL COLLECTION ALLOWED.—The Sec5 retary may allow casual collection in the Conserva6 tion Area if the casual collection is consistent with— 

7 (A) the recreational or other purposes of 

8 the Conservation Area, as determined by the 

9 Secretary; and 

10 (B) the Management Plan. 

11 (h) WILDFIRE MANAGEMENT.—Nothing in this sec12 tion prohibits the Secretary, in cooperation with other 

13 Federal, State, and local agencies, as appropriate, from 

14 conducting wildland fire operations in the Conservation 

15 Area, consistent with the purposes of the Conservation 

16 Area. 

17 (i) INCORPORATION OF ACQUIRED LAND AND INTER18 ESTS.—Any land or interest in land located within the 

19 boundary of the Conservation Area that is acquired by the 

20 United States after the date of enactment of this Act 

21 shall— 

22 (1) become part of the Conservation Area; and 

23 (2) be managed as provided in this section. 

24 (j) WITHDRAWALS.—Subject to valid existing rights, 

25 all public land within the Conservation Area, including any 


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1 land or interest in land that is acquired by the United 

2 States within the Conservation Area after the date of en3 actment of this Act, is withdrawn from— 

4 (1) entry, appropriation or disposal under the 

5 public land laws; 

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

7 laws; and 

8 (3) operation of the mineral leasing, mineral 

9 materials, and geothermal leasing laws. 

10 (k) EFFECT.—Nothing in this Act— 

11 (1) diminishes the authority of the Secretary 

12 under Public Law 92–195 (commonly known as the 

13 ‘‘Wild Free-Roaming Horses and Burros Act’’) (16 

14 U.S.C. 1331 et seq.); or 

15 (2) alters, diminishes, or influences the settle16 ment agreement entered into on January 13, 2017, 

17 in the case in the United States District Court for 

18 the District of Utah styled ‘‘Southern Utah Wilder19 ness Alliance, et al. v. U.S. Department of the Inte20 rior, et al.’’ and numbered 2:12–cv–257 DAK. 

21 SEC. 103. SAN RAFAEL SWELL WESTERN HERITAGE AND 

22 HISTORIC MINING NATIONAL CONSERVATION 

23 AREA ADVISORY COUNCIL. 

24 (a) ESTABLISHMENT.—Not later than 180 days after 

25 the date of enactment of this Act, the Secretary shall esVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 tablish an advisory council, to be known as the ‘‘San 

2 Rafael Swell Western Heritage and Historic Mining Na3 tional Conservation Area Advisory Council’’. 

4 (b) DUTIES.—The Council shall advise the Secretary 

5 with respect to the preparation and implementation of the 

6 Management Plan. 

7 (c) APPLICABLE LAW.—The Council shall be subject 

8 to— 

9 (1) the Federal Advisory Committee Act (5 

10 U.S.C. App.); and 

11 (2) the Federal Land Policy and Management 

12 Act of 1976 (43 U.S.C. 1701 et seq.). 

13 (d) MEMBERS.—The Council shall include 10 mem14 bers, to be appointed by the Secretary, of whom, to the 

15 maximum extent practicable— 

16 (1) 1 member shall be appointed after consid17 ering the recommendations of the Emery County 

18 Commission; 

19 (2) 1 member shall be appointed from the mo20 torized recreational community; 

21 (3) 1 member shall be appointed from the non22 motorized recreational community; 

23 (4) 1 member shall be appointed after consid24 ering the recommendations of the permittees holding 


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1 grazing allotments within the Conservation Area or 

2 wilderness areas; and 

3 (5) 5 members shall— 

4 (A) reside in, or within reasonable prox5 imity to, the County; and 

6 (B) have a background that reflects— 

7 (i) the purposes for which the Con8 servation Area or wilderness areas are es9 tablished; and 

10 (ii) the interests of the stakeholders 

11 that are affected by the planning and man12 agement of the Conservation Area and wil13 derness areas. 

14 (e) REPRESENTATION.—The Secretary shall ensure 

15 that the membership of the Council is fairly balanced in 

16 terms of the points of view represented and the functions 

17 to be performed by the Council. 

18 (f) TERMINATION.—The Council shall terminate on 

19 the date that is 1 year after the date on which the Man20 agement Plan is adopted by the Secretary. 

21 TITLE II—WILDERNESS AREAS 

22 SEC. 201. ADDITIONS TO THE NATIONAL WILDERNESS 

23 PRESERVATION SYSTEM. 

24 (a) ADDITIONS.—In accordance with the Wilderness 

25 Act (16 U.S.C. 1131 et seq.), the following parcels of FedVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 eral land in the State are designated as wilderness and 

2 as components of the National Wilderness Preservation 

3 System: 

4 (1) CANDLAND MOUNTAIN.—Certain Federal 

5 land managed by the Forest Service, comprising ap6 proximately 12,338 acres, as generally depicted on 

7 the Map, which shall be known as the ‘‘Candland 

8 Mountain Wilderness’’. 

9 (2) CRACK CANYON.—Certain Federal land 

10 managed by the Bureau of Land Management, com11 prising approximately 25,747 acres, as generally de12 picted on the Map, which shall be known as the 

13 ‘‘Crack Canyon Wilderness’’. 

14 (3) DESOLATION CANYON.—Certain Federal 

15 land managed by the Bureau of Land Management, 

16 comprising approximately 173,320 acres, as gen17 erally depicted on the Map, which shall be known as 

18 the ‘‘Desolation Canyon Wilderness’’. 

19 (4) DEVIL’S CANYON.—Certain Federal land 

20 managed by the Bureau of Land Management, com21 prising approximately 8,630 acres, as generally de22 picted on the Map, which shall be known as the 

23 ‘‘Devil’s Canyon Wilderness’’. 

24 (5) HORSESHOE CANYON (NORTH).—Certain 

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1 agement, comprising approximately 26,226 acres, as 

2 generally depicted on the Map, which shall be known 

3 as the ‘‘Horseshoe Canyon (North) Wilderness’’. 

4 (6) MEXICAN MOUNTAIN.—Certain Federal 

5 land managed by the Bureau of Land Management, 

6 comprising approximately 74,503 acres, as generally 

7 depicted on the Map, which shall be known as the 

8 ‘‘Mexican Mountain Wilderness’’. 

9 (7) MUDDY CREEK.—Certain Federal land 

10 managed by the Bureau of Land Management, com11 prising approximately 65,652 acres, as generally de12 picted on the Map, which shall be known as the 

13 ‘‘Muddy Creek Wilderness’’. 

14 (8) NELSON MOUNTAIN.—Certain Federal land 

15 managed by the Forest Service, comprising approxi16 mately 7,447 acres, as generally depicted on the 

17 Map, which shall be known as the ‘‘Nelson Mountain 

18 Wilderness’’. 

19 (9) SAN RAFAEL REEF.—Certain Federal land 

20 managed by the Bureau of Land Management, com21 prising approximately 59,880 acres, as generally de22 picted on the Map, which shall be known as the 

23 ‘‘San Rafael Reef Wilderness’’. 

24 (10) SID’S MOUNTAIN.—Certain Federal land 

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1 prising approximately 75,403 acres, as generally de2 picted on the Map, which shall be known as the 

3 ‘‘Sid’s Mountain Wilderness’’. 

4 (b) MAP AND LEGAL DESCRIPTION.— 

5 (1) IN GENERAL.—As soon as practicable after 

6 the date of enactment of this Act, the Secretary 

7 shall file a map and legal description of each wilder8 ness area with— 

9 (A) the Committee on Natural Resources 

10 of the House of Representatives; and 

11 (B) the Committee on Energy and Natural 

12 Resources of the Senate. 

13 (2) EFFECT.—Each map and legal description 

14 filed under paragraph (1) shall have the same force 

15 and effect as if included in this Act, except that the 

16 Secretary may correct minor errors in the map or 

17 legal description. 

18 (3) AVAILABILITY.—Each map and legal de19 scription filed under paragraph (1) shall on file and 

20 available for public inspection in the appropriate of21 fice of the Secretary. 

22 SEC. 202. ADMINISTRATION. 

23 (a) MANAGEMENT.—Subject to valid existing rights, 

24 the wilderness areas shall be administered by the SecVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 retary in accordance with the Wilderness Act (16 U.S.C. 

2 1131 et seq.), except that— 

3 (1) any reference in that Act to the effective 

4 date shall be considered to be a reference to the date 

5 of enactment of this Act; and 

6 (2) any reference in that Act to the Secretary 

7 of Agriculture shall be considered to be a reference 

8 to the Secretary. 

9 (b) LIVESTOCK.— 

10 (1) IN GENERAL.—The grazing of livestock in 

11 the wilderness areas, if established before the date of 

12 enactment of this Act, shall be allowed to continue, 

13 subject to such reasonable regulations, policies, and 

14 practices as the Secretary considers to be necessary 

15 in accordance with— 

16 (A) section 4(d)(4) of the Wilderness Act 

17 (16 U.S.C. 1133(d)(4)); and 

18 (B) the guidelines set forth in Appendix A 

19 of the report of the Committee on Interior and 

20 Insular Affairs of the House of Representatives 

21 accompanying H.R. 2570 of the 101st Congress 

22 (House Report 101–405). 

23 (2) INVENTORY.—With respect to each wilder24 ness area in which grazing of livestock is allowed to 

25 continue under paragraph (1), not later than 1 year 


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1 after the date of enactment of this Act, the Sec2 retary, in collaboration with any affected grazing 

3 permittee, shall— 

4 (A) carry out an inventory of facilities and 

5 improvements associated with grazing activities 

6 in the wilderness area; and 

7 (B) review and revise the applicable allot8 ment management plan and grazing permit in9 formation. 

10 (c) WILDFIRE, INSECT, AND DISEASE MANAGE11 MENT.—In accordance with section 4(d)(1) of the Wilder12 ness Act (16 U.S.C. 1133(d)(1)) and the report of the 

13 Committee on Interior and Insular Affairs of the House 

14 of Representatives accompanying H.R. 1437 of the 98th 

15 Congress (House Report 98–40), the Secretary may take 

16 such measures in the wilderness areas as are necessary 

17 for the control of fire, insects, and diseases, including, as 

18 the Secretary determines to be appropriate, the coordina19 tion of the activities with the State or a local agency. 

20 (d) ADJACENT MANAGEMENT.— 

21 (1) IN GENERAL.—Congress does not intend for 

22 the designation of the wilderness areas to create pro23 tective perimeters or buffer zones around the wilder24 ness areas. 


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1 (2) NONWILDERNESS ACTIVITIES.—The fact 

2 that nonwilderness activities or uses can be seen or 

3 heard from areas within a wilderness area shall not 

4 preclude the conduct of those activities or uses out5 side the boundary of the wilderness area. 

6 (e) MILITARY OVERFLIGHTS.—Nothing in this title 

7 restricts or precludes— 

8 (1) low-level overflights of military aircraft over 

9 the wilderness areas, including military overflights 

10 that can be seen or heard within the wilderness 

11 areas; 

12 (2) flight testing and evaluation; or 

13 (3) the designation or creation of new units of 

14 special use airspace, or the establishment of military 

15 flight training routes, over the wilderness areas. 

16 (f) OUTFITTING AND GUIDE ACTIVITIES.—Commer17 cial services (including authorized outfitting and guide ac18 tivities) within the wilderness areas may be authorized to 

19 the extent necessary for activities that fulfill the rec20 reational or other wilderness purposes of the wilderness 

21 areas. 

22 (g) CASUAL COLLECTION.— 

23 (1) DEFINITION OF CASUAL COLLECTION.— 

24 (A) IN GENERAL.—In this subsection, the 

25 term ‘‘casual collection’’ means the collection of 


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1 common invertebrate and plant paleontological 

2 resources or rocks and minerals— 

3 (i) by— 

4 (I) surface collection; or 

5 (II) the use of nonpowered hand 

6 tools; 

7 (ii) for noncommercial personal use of 

8 a reasonable quantity, as determined by 

9 the Secretary; and 

10 (iii) that results in negligible disturb11 ance, as determined by the Secretary, of— 

12 (I) the surface of the Earth; and 

13 (II) other resources. 

14 (B) INCLUSION.—The term ‘‘casual collec15 tion’’ includes the hobby collecting of rocks, 

16 subject to the discretion of the Secretary. 

17 (2) CASUAL COLLECTION ALLOWED.—The Sec18 retary may allow casual collection in the wilderness 

19 areas if the casual collection is consistent with— 

20 (A) the recreational or other wilderness 

21 purposes of the wilderness areas, as determined 

22 by the Secretary; and 

23 (B)(i) with respect to land managed by the 

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1 source management plan, as in existence on the 

2 date of enactment of this Act; or 

3 (ii) with respect to land managed by the 

4 Forest Service, the Manti–La Sal National For5 est Plan, 1986. 

6 (h) LAND ACQUISITION AND INCORPORATION OF AC7 QUIRED LAND AND INTERESTS.— 

8 (1) ACQUISITION AUTHORITY.—The Secretary 

9 may acquire land and interests in land within the 

10 boundaries of a wilderness area by donation, pur11 chase from a willing seller, or exchange. 

12 (2) INCORPORATION.—Any land or interest in 

13 land within the boundary of a wilderness area that 

14 is acquired by the United States after the date of 

15 enactment of this Act shall be added to and adminis16 tered as part of the wilderness area. 

17 (i) NATIVE AMERICAN CULTURAL AND RELIGIOUS

18 USES.—Nothing in this title diminishes— 

19 (1) the rights of any Tribe; or 

20 (2) any Tribal rights regarding access to Fed21 eral land for Tribal activities, including spiritual, 

22 cultural, and traditional food-gathering activities. 

23 (j) CLIMATOLOGICAL DATA COLLECTION.—In ac24 cordance with the Wilderness Act (16 U.S.C. 1131 et seq.) 

25 and subject to such terms and conditions as the Secretary 


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1 may prescribe, the Secretary may authorize the installa2 tion and maintenance of hydrologic, meteorologic, or cli3 matological collection devices in the wilderness areas if the 

4 Secretary determines that the facilities and access to the 

5 facilities are essential to flood warning, flood control, or 

6 water reservoir operation activities. 

7 (k) WATER RIGHTS.— 

8 (1) STATUTORY CONSTRUCTION.—Nothing in 

9 this Act— 

10 (A) constitutes an express or implied res11 ervation by the United States of any water or 

12 water rights with respect to the wilderness 

13 areas; 

14 (B) affects any water rights in the State 

15 (including any water rights held by the United 

16 States) in existence on the date of enactment of 

17 this Act; 

18 (C) establishes a precedent with regard to 

19 any future wilderness designations; 

20 (D) affects the interpretation of, or any 

21 designation made under, any other Act; or 

22 (E) limits, alters, modifies, or amends any 

23 interstate compact or equitable apportionment 

24 decree that apportions water among and be25 tween the State and other States. 


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1 (2) STATE WATER LAW.—The Secretary shall 

2 follow the procedural and substantive requirements 

3 of State law in order to obtain and hold any water 

4 rights not in existence on the date of enactment of 

5 this Act with respect to the wilderness areas. 

6 (3) LIMITATION ON NEW WATER RESOURCE FA7 CILITIES.— 

8 (A) DEFINITION OF WATER RESOURCE FA9 CILITY.— 

10 (i) IN GENERAL.—In this paragraph, 

11 the term ‘‘water resource facility’’ means 

12 an irrigation and pumping facility, res13 ervoir, water conservation works, aqueduct, 

14 canal, ditch, pipeline, well, hydropower 

15 project, transmission or other ancillary fa16 cility, and any other water diversion, stor17 age, or carriage structure. 

18 (ii) EXCLUSION.—In this paragraph, 

19 the term ‘‘water resource facility’’ does not 

20 include a wildlife guzzler or a management 

21 activity described in section 203. 

22 (B) LIMITATION.—Except as otherwise 

23 provided in this Act, on or after the date of en24 actment of this Act, the President or any other 

25 officer, employee, or agent of the United States 


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1 may not fund, assist, authorize, or issue a li2 cense or permit for the development of any new 

3 water resource facility inside a wilderness area. 

4 (l) MEMORANDUM OF UNDERSTANDING.—The Sec5 retary shall offer to enter into a memorandum of under6 standing with the County to clarify the approval processes 

7 for the use of motorized equipment and mechanical trans8 port for search and rescue activities in the Crack Canyon 

9 Wilderness established by section 201(a)(2). 

10 SEC. 203. FISH AND WILDLIFE MANAGEMENT. 

11 (a) JURISDICTION OF STATE.—Nothing in this title 

12 affects the jurisdiction of the State with respect to fish 

13 and wildlife on public land located in the State. 

14 (b) AUTHORITY OF SECRETARY.—In furtherance of 

15 the purposes and principles of the Wilderness Act (16 

16 U.S.C. 1131 et seq.), the Secretary may carry out man17 agement activities to maintain or restore fish and wildlife 

18 populations (including activities to maintain and restore 

19 fish and wildlife habitats to support the populations) in 

20 any wilderness area if the activities are— 

21 (1) consistent with applicable wilderness man22 agement plans; and 

23 (2) carried out in accordance with— 

24 (A) the Wilderness Act (16 U.S.C. 1131 et 

25 seq.); and 


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1 (B) applicable guidelines and policies, in2 cluding applicable policies described in appendix 

3 B of House Report 101–405. 

4 SEC. 204. RELEASE OF LAND FOR NONWILDERNESS USE. 

5 (a) FINDING.—Congress finds that, for the purposes 

6 of section 603(c) of the Federal Land Policy and Manage7 ment Act of 1976 (43 U.S.C. 1782(c)), the approximately 

8 14,779 acres of public land administered by the Bureau 

9 of Land Management in the County that has not been des10 ignated as wilderness by section 201(a) has been ade11 quately studied for wilderness designation. 

12 (b) RELEASE.—The public land described in sub13 section (a)— 

14 (1) is no longer subject to section 603(c) of the 

15 Federal Land Policy and Management Act of 1976 

16 (43 U.S.C. 1782(c)); and 

17 (2) shall be managed in accordance with— 

18 (A) applicable law; and 

19 (B) any applicable land management plan 

20 adopted under section 202 of the Federal Land 

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

22 1712). 


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1 TITLE III—WILD AND SCENIC 

2 RIVER DESIGNATION 

3 SEC. 301. GREEN RIVER WILD AND SCENIC RIVER DESIGNA4 TION. 

5 Section 3(a) of the Wild and Scenic Rivers Act (16 

6 U.S.C. 1274(a)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(213) GREEN RIVER.—The 54-mile segment, 

9 as generally depicted on the map entitled ‘San 

10 Rafael Swell Western Heritage and Historic Mining 

11 National Conservation Area’ and dated llll, 

12 2018, to be administered by the Secretary of the In13 terior, in accordance with the classifications des14 ignated on that map.’’. 

15 TITLE IV—LAND MANAGEMENT 

16 AND CONVEYANCES 

17 SEC. 401. TEMPLE MOUNTAIN COOPERATIVE MANAGEMENT 

18 AREA. 

19 (a) IN GENERAL.—At the request of the State, the 

20 Secretary may enter into a cooperative agreement with the 

21 State for the cooperative management of the Federal land 

22 described in subsection (b), which shall be known as the 

23 ‘‘Temple Mountain Cooperative Management Area’’ (re24 ferred to in this section as the ‘‘Management Area’’). 


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1 (b) DESCRIPTION OF LAND.—The Federal land re2 ferred to in subsection (a) is the Bureau of Land Manage3 ment land in the County comprising approximately 7,792 

4 acres and identified as ‘‘Temple Mountain Cooperative 

5 Management Area’’ on the Map, excluding any wilderness 

6 areas. 

7 (c) PURPOSES.— 

8 (1) IN GENERAL.—The purposes of the Man9 agement Area are— 

10 (A) to promote and manage outdoor recre11 ation, such as camping, off-highway vehicle use, 

12 mountain biking, rock climbing, equestrian use, 

13 and hiking; and 

14 (B) to conserve the recreational and scenic 

15 resources of the Management Area. 

16 (2) PRIORITY.—For purposes of administering 

17 the Management Area, the Secretary shall give equal 

18 priority consideration to each of the purposes de19 scribed in paragraph (1). 

20 (d) TERMS.—The cooperative agreement entered into 

21 under subsection (a)— 

22 (1) shall— 

23 (A) clarify the roles, responsibilities, and 

24 limitations of the Secretary and the State with 


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1 respect to recreation management within the 

2 Management Area; 

3 (B) apply only to recreational activities, in4 cluding motorized, mechanized, equestrian, and 

5 human-powered uses within the Management 

6 Area; 

7 (C) require that recreational activities 

8 within the Management Area shall continue to 

9 be managed in accordance with— 

10 (i) the requirements applicable to the 

11 Conservation Area; and 

12 (ii) applicable Federal laws; 

13 (D) allow for recreational improvements of 

14 routes and trails for motorized and non15 motorized use to enhance recreational opportu16 nities and minimize resource conflict; 

17 (E) address the establishment, distribu18 tion, and use of any revenues generated by rec19 reational activities (including entrance fees) 

20 within the Management Area; and 

21 (F) specify that the State agency respon22 sible for administering the Management Area 

23 shall be the Utah Division of Parks and Recre24 ation of the Utah Department of Natural Re25 sources; 


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1 (2) shall not affect— 

2 (A) management within the Management 

3 Area that is not related to the conduct of rec4 reational activities; or 

5 (B) recreational activities conducted out6 side the Management Area; and 

7 (3) shall not apply to a wilderness area within 

8 the Management Area. 

9 (e) TERMINATION.—The Secretary may terminate 

10 the cooperative agreement entered into under subsection 

11 (a) before the end of the term of the cooperative agree12 ment if the Secretary determines that early termination 

13 of the agreement is necessary. 

14 SEC. 402. GOBLIN VALLEY STATE PARK RECREATION AND 

15 PUBLIC PURPOSE AGREEMENT. 

16 (a) IN GENERAL.—At the request of the State, the 

17 Secretary shall offer to enter into a recreation and public 

18 purposes agreement with the Utah Division of Parks and 

19 Recreation of the Utah Department of Natural Resources 

20 (referred to in this section as the ‘‘State’’), that provides 

21 for the management by the State of the land identified 

22 on the Map as the ‘‘Goblin Valley State Park Expansion’’ 

23 as a State park in accordance with State law. 

24 (b) REVERSIONARY CLAUSE REQUIRED.—An agree25 ment entered into under subsection (a) shall include a reVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 versionary clause to ensure that management of the land 

2 described in that subsection shall revert to the Secretary 

3 if the land is no longer being managed as a State park. 

4 SEC. 403. JURASSIC NATIONAL MONUMENT. 

5 (a) PURPOSES.—To conserve, interpret, and enhance 

6 for the benefit of present and future generations the pale7 ontological, scientific, educational, and recreational re8 sources of the area and subject to valid existing rights, 

9 there is established in the County a national monument, 

10 to be known as the ‘‘Jurassic National Monument’’ (re11 ferred to in this section as the ‘‘Monument’’), consisting 

12 of approximately 2,543 acres of Federal land in the Coun13 ty, as generally depicted on the Map. 

14 (b) MAP AND LEGAL DESCRIPTION.— 

15 (1) IN GENERAL.—Not later than 2 years after 

16 the date of enactment of this Act, the Secretary 

17 shall file with the Committee on Energy and Natural 

18 Resources of the Senate and the Committee on Nat19 ural Resources of the House of Representatives a 

20 map and legal description of the Monument. 

21 (2) EFFECT.—The map and legal description 

22 filed under paragraph (1) shall have the same force 

23 and effect as if included in this section, except that 

24 the Secretary may correct minor errors in the map 

25 or legal description, subject to the requirement that, 


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1 before making the proposed corrections, the Sec2 retary shall submit to the State and any affected 

3 county the proposed corrections. 

4 (3) PUBLIC AVAILABILITY.—A copy of the map 

5 and legal description filed under paragraph (1) shall 

6 be on file and available for public inspection in the 

7 appropriate offices of the Bureau of Land Manage8 ment. 

9 (c) WITHDRAWALS.—Subject to valid existing rights, 

10 any land within the boundaries of the Monument or any 

11 land or interest in land that is acquired by the United 

12 States for inclusion in the Monument after the date of 

13 enactment of this Act is withdrawn from— 

14 (1) entry, appropriation, or disposal under the 

15 Federal land laws; 

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

17 laws; and 

18 (3) operation of the mineral leasing laws, geo19 thermal leasing laws, and minerals materials laws. 

20 (d) MANAGEMENT.— 

21 (1) IN GENERAL.—The Secretary shall manage 

22 the Monument— 

23 (A) in a manner that conserves, protects, 

24 and enhances the resources and values of the 


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1 Monument, including the resources and values 

2 described in subsection (a); and 

3 (B) in accordance with— 

4 (i) this section; 

5 (ii) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); and 

8 (iii) any other applicable Federal law. 

9 (2) NATIONAL LANDSCAPE CONSERVATION SYS10 TEM.—The Monument shall be managed as a com11 ponent of the National Landscape Conservation Sys12 tem. 

13 (e) MANAGEMENT PLAN.— 

14 (1) IN GENERAL.—Not later than 2 years after 

15 the date of enactment of this Act, the Secretary 

16 shall develop a comprehensive management plan for 

17 the long-term protection and management of the 

18 Monument. 

19 (2) COMPONENTS.—The management plan de20 veloped under paragraph (1)— 

21 (A) shall— 

22 (i) describe the appropriate uses and 

23 management of the Monument, consistent 

24 with the provisions of this section; and 


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1 (ii) allow for continued scientific re2 search at the Monument during the devel3 opment of the management plan for the 

4 Monument; and 

5 (B) may— 

6 (i) incorporate any appropriate deci7 sions contained in any management or ac8 tivity plan applicable to the land described 

9 in subsection (a); and 

10 (ii) use information developed in stud11 ies of any land within or adjacent to the 

12 Monument that were conducted before the 

13 date of enactment of this Act. 

14 (f) AUTHORIZED USES.—The Secretary shall only 

15 allow uses of the Monument that the Secretary determines 

16 would further the purposes for which the Monument has 

17 been established. 

18 (g) INTERPRETATION, EDUCATION, AND SCIENTIFIC

19 RESEARCH.— 

20 (1) IN GENERAL.—The Secretary shall provide 

21 for public interpretation of, and education and sci22 entific research on, the paleontological resources of 

23 the Monument. 

24 (2) COOPERATIVE AGREEMENTS.—The Sec25 retary may enter into cooperative agreements with 


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1 appropriate public entities to carry out paragraph 

2 (1). 

3 (h) SPECIAL MANAGEMENT AREAS.— 

4 (1) IN GENERAL.—The establishment of the 

5 Monument shall not modify the management status 

6 of any area within the boundary of the Monument 

7 that is— 

8 (A) designated as a wilderness study area 

9 and managed in accordance with section 603(c) 

10 of the Federal Land Policy and Management 

11 Act of 1976 (43 U.S.C. 1782(c)); or 

12 (B) managed as an area of critical environ13 ment concern. 

14 (2) CONFLICT OF LAWS.—If there is a conflict 

15 between the laws applicable to an area described in 

16 paragraph (1) and this section, the more restrictive 

17 provision shall control. 

18 (i) MOTORIZED VEHICLES.—Except as needed for 

19 administrative purposes or to respond to an emergency, 

20 the use of motorized vehicles in the Monument shall be 

21 allowed only on roads and trails designated for use by mo22 torized vehicles under the management plan for the Monu23 ment developed under subsection (e). 

24 (j) WATER RIGHTS.—Nothing in this section con25 stitutes an express or implied reservation by the United 


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1 States of any water or water rights with respect to the 

2 Monument. 

3 SEC. 404. PUBLIC LAND DISPOSAL AND ACQUISITION. 

4 (a) IN GENERAL.—Consistent with applicable law, 

5 the Secretary may sell public land located in the County 

6 that was identified as suitable for potential disposal in the 

7 applicable resource management plan in existence on the 

8 date of enactment of this Act. 

9 (b) USE OF PROCEEDS.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law (other than a law that specifically 

12 provides for a portion of the proceeds of a land sale 

13 to be distributed to any trust fund of the State), 

14 proceeds from the sale of public land under sub15 section (a) shall be deposited in a separate account 

16 in the Treasury, to be known as the ‘‘Emery County, 

17 Utah, Land Acquisition Account’’ (referred to in this 

18 section as the ‘‘Account’’). 

19 (2) AVAILABILITY.— 

20 (A) IN GENERAL.—Amounts in the Ac21 count shall be available to the Secretary, with22 out further appropriation, to purchase from 

23 willing sellers land or interests in land within a 

24 wilderness area or the Conservation Area. 


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1 (B) APPLICABILITY.—Any purchase of 

2 land or interest in land under subparagraph (A) 

3 shall be in accordance with applicable law. 

4 SEC. 405. PUBLIC PURPOSE CONVEYANCES. 

5 (a) IN GENERAL.—Notwithstanding the land use 

6 planning requirement of sections 202 and 203 of the Fed7 eral Land Policy and Management Act of 1976 (43 U.S.C. 

8 1712, 1713), on request by the applicable local govern9 mental entity, the Secretary shall convey without consider10 ation the following parcels of public land to be used for 

11 public purposes: 

12 (1) The approximately 640 acres of land com13 prising the Emery City Recreation Area. 

14 (2) The approximately 1,400 acres of land com15 prising the Huntington Airport. 

16 (3) The approximately 640 acres of land com17 prising the State Road 6 Emery County Sheriff’s 

18 Office substation site. 

19 (4) The approximately 65 acres of land com20 prising the Buckhorn Information Center. 

21 (b) MAP AND LEGAL DESCRIPTION.— 

22 (1) IN GENERAL.—As soon as practicable after 

23 the date of enactment of this Act, the Secretary 

24 shall file a map and legal description of each parcel 

25 of land to be conveyed under subsection (a) with— 


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1 (A) the Committee on Energy and Natural 

2 Resources of the Senate; and 

3 (B) the Committee on Natural Resources 

4 of the House of Representatives. 

5 (2) EFFECT.—Each map and legal description 

6 filed under paragraph (1) shall have the same force 

7 and effect as if included in this Act, except that the 

8 Secretary may correct minor errors in the map or 

9 legal description. 

10 (3) PUBLIC AVAILABILITY.—Each map and 

11 legal description filed under paragraph (1) shall be 

12 on file and available for public inspection in the 

13 Price Field Office of the Bureau of Land Manage14 ment. 

15 (c) REVERSION.— 

16 (1) IN GENERAL.—If a parcel of land conveyed 

17 under subsection (a) is used for a purpose other 

18 than the purpose described in that subsection, the 

19 parcel of land shall, at the discretion of the Sec20 retary, revert to the United States. 

21 (2) RESPONSIBILITY FOR REMEDIATION.—In 

22 the case of a reversion under paragraph (1), if the 

23 Secretary determines that the parcel of land is con24 taminated with hazardous waste, the local govern25 mental entity to which the parcel of land was conVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 veyed under subsection (a) shall be responsible for 

2 remediation. 

3 SEC. 406. EXCHANGE OF SCHOOL AND INSTITUTIONAL 

4 TRUST LANDS ADMINISTRATION LAND. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPLICATION.—The term ‘‘application’’ 

7 means an application for State relinquishment of a 

8 State land grant parcel and State selection of unap9 propriated public land filed under this section. 

10 (2) RELINQUISHMENT AREA.—The term ‘‘Re11 linquishment Area’’ means any land within— 

12 (A) the Conservation Area; or 

13 (B) a wilderness area. 

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

15 State, acting as trustee under the Utah State School 

16 and Institutional Trust Lands Management Act 

17 (Utah Code Ann. 53C–1–101 et seq.) through the 

18 Utah School and Institutional Trust Lands Adminis19 tration. 

20 (4) STATE LAND GRANT PARCEL.—The term 

21 ‘‘State land grant parcel’’ means— 

22 (A) any land wholly or partially within a 

23 Relinquishment Area that was granted to the 

24 State by Congress through a statehood land 


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1 grant for the support of public education or 

2 other public institutions; or 

3 (B) any land located wholly or partially 

4 within a Relinquishment Areal that was ac5 quired by the State for a purpose described in 

6 subparagraph (A). 

7 (5) UNAPPROPRIATED PUBLIC LAND.— 

8 (A) IN GENERAL.—The term ‘‘unappropri9 ated public land’’ has the meaning given the 

10 term ‘‘public lands’’ in section 103 of the Fed11 eral Land Policy and Management Act of 1976 

12 (43 U.S.C. 1702). 

13 (B) INCLUSION.—The term ‘‘unappropri14 ated public land’’ includes any land or minerals 

15 acquired by the United States under title III of 

16 the Bankhead-Jones Farm Tenant Act (7 

17 U.S.C. 1010 et seq.). 

18 (C) EXCLUSIONS.—The term ‘‘unappropri19 ated public land’’ does not include Federal land 

20 that is— 

21 (i) except as provided in subparagraph 

22 (B), acquired land; 

23 (ii) in a unit of the National Land 

24 Conservation System established by the 


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1 Omnibus Public Land Management Act of 

2 2009 (Public Law 111–11; 123 Stat. 991); 

3 (iii) in an area of critical environ4 mental concern established under section 

5 202(c)(3) of the Federal Land Policy and 

6 Management Act of 1976 (43 U.S.C. 

7 1712(c)(3)); or 

8 (iv) in a special recreation manage9 ment area. 

10 (b) RELINQUISHMENT OF STATE LAND GRANT PAR11 CELS AND SELECTION OF REPLACEMENT LAND.— 

12 (1) AUTHORITY TO SELECT.—In accordance 

13 with this section, the State may, on approval by the 

14 Secretary of an application filed under this section— 

15 (A) relinquish to the Secretary the State 

16 land grant parcels described in the approved 

17 application; and 

18 (B) in exchange for the relinquished land, 

19 select unappropriated public land in the State 

20 for conveyance by the Secretary to the State. 

21 (2) PROCESSING.—The Secretary shall prompt22 ly process any application filed under this section in 

23 accordance with subsection (c). 

24 (3) VALID EXISTING RIGHTS.— 


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1 (A) IN GENERAL.—Any land conveyed 

2 under this section shall be subject to valid exist3 ing rights. 

4 (B) SUCCESSION.—Each party to whom 

5 land is conveyed under this section shall suc6 ceed to the rights and obligations of the con7 veying party with respect to any lease, right-of8 way, permit or other valid existing right to 

9 which the conveyed land is subject. 

10 (c) APPLICATION AND CONVEYANCE PROCEDURES.— 

11 (1) APPROVAL OR DISAPPROVAL OF APPLICA12 TIONS.— 

13 (A) DEADLINE FOR APPROVAL.—Not later 

14 than 1 year after the date on which an applica15 tion is filed under this section, the Secretary 

16 shall issue a final approval or disapproval of the 

17 application. 

18 (B) PARTIAL APPROVAL AUTHORIZED.— 

19 An application may be approved by the Sec20 retary in whole or in part. 

21 (C) LIMITATION.—The Secretary shall not 

22 approve any application that the Secretary de23 termines would create irreconcilable manage24 ment conflicts with respect to the management 

25 of adjacent Federal land. 


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1 (2) CONVEYANCE.— 

2 (A) CONVEYANCE BY STATE.—The convey3 ance of any State land grant parcel under this 

4 section shall be by patent or deed acceptable to 

5 the Secretary. 

6 (B) CONVEYANCE BY SECRETARY.— 

7 (i) DEADLINE FOR CONVEYANCE OF

8 UNAPPROPRIATED PUBLIC LAND.—Not 

9 later than 90 days after the date on which 

10 the Secretary issues a final approval with 

11 respect to an application for the convey12 ance of unappropriated public land, the 

13 Secretary shall convey the applicable unap14 propriated public land to the State. 

15 (ii) TERMS AND CONDITIONS.—The 

16 conveyance of unappropriated public land 

17 by the Secretary to the State under this 

18 section shall include such terms and condi19 tions as the Secretary may require. 

20 (3) ENVIRONMENTAL ANALYSIS.— 

21 (A) IN GENERAL.—Except as otherwise 

22 provided in this subsection, the Secretary shall 

23 convey unappropriated public land under this 

24 section in accordance with— 


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1 (i) the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); and 

3 (ii) any other applicable law. 

4 (B) ENVIRONMENTAL ASSESSMENT OR EN5 VIRONMENTAL IMPACT STATEMENT.—In pre6 paring an environmental assessment or environ7 mental impact statement under section 102(2) 

8 of the National Environmental Policy Act of 

9 1969 (42 U.S.C. 4332(2)) for the conveyance of 

10 unappropriated public land under this section, 

11 the Secretary is not required to study, develop, 

12 or describe any action other than— 

13 (i) the proposed agency action; and 

14 (ii) the alternative of no action. 

15 (d) MINERAL LAND.— 

16 (1) SELECTION AND CONVEYANCE.— 

17 (A) IN GENERAL.—Subject to the provi18 sions of this section, the State may select, and 

19 the Secretary may convey, unappropriated pub20 lic land that is mineral in character. 

21 (B) EXCLUSION.—The State may not se22 lect, and the Secretary may not convey— 

23 (i) unappropriated public land that in24 cludes only a portion of a mineral lease or 

25 permit; or 


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1 (ii) only the Federal mineral estate to 

2 unappropriated public land, unless the 

3 United States does not own the associated 

4 surface estate of the unappropriated public 

5 land. 

6 (2) MINING CLAIMS.— 

7 (A) MINING CLAIMS UNAFFECTED.—Noth8 ing in this section alters, diminishes, or expands 

9 the existing rights of a mining claimant under 

10 applicable law. 

11 (B) VALIDITY EXAMINATIONS.—Nothing in 

12 this section requires the Secretary to carry out 

13 a mineral examination for any mining claim lo14 cated on unappropriated public land to be con15 veyed under this section. 

16 (C) WITHDRAWAL.—Unappropriated pub17 lic land selected by the State for acquisition 

18 under this section is withdrawn, subject to valid 

19 existing rights, from location, entry, and patent 

20 under the mining laws until that date on 

21 which— 

22 (i) the selected unappropriated public 

23 land is conveyed by the Secretary to the 

24 State; 


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1 (ii) the Secretary makes a final deter2 mination not accepting the selection of the 

3 unappropriated public land; or 

4 (iii) the State withdraws the selection 

5 of the unappropriated public land. 

6 (e) CONSTRUCTION WITH OTHER LAWS.— 

7 (1) CONSIDERATION.—In the application of 

8 laws (including regulations) and policies relating to 

9 selections made under this section, the Secretary 

10 shall consider the equities of the State and the inter11 est of the public. 

12 (2) PRESUMPTION OF PLAN ADEQUACY.—Un13 less a land use plan adopted under section 202 of 

14 the Federal Land Policy and Management Act of 

15 1976 (43 U.S.C. 1712) specifically identifies signifi16 cant public values that would be lost or substantially 

17 impaired as a result of the conveyance of unappro18 priated public land to the State, any State selection 

19 under this section shall be considered to be in com20 pliance with the plan regardless of whether the se21 lected land is otherwise identified for disposal. 

22 (f) VALUATION.— 

23 (1) EQUAL VALUE.— 

24 (A) IN GENERAL.—The overall value of the 

25 State land grant parcels and parcels of unapVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 propriated public land to be conveyed to the 

2 State shall be— 

3 (i) equal; or 

4 (ii) if the value is not equal— 

5 (I) equalized by the payment of 

6 funds to the State or to the Secretary 

7 as the circumstances require; or 

8 (II) reflected on the balance of a 

9 ledger account established under para10 graph (3). 

11 (B) APPRAISAL REQUIRED.—Except as 

12 provided in paragraph (2), the Secretary and 

13 the State shall jointly determine the value of a 

14 State land grant parcel and a parcel of unap15 propriated public land through an appraisal 

16 completed in accordance with— 

17 (i) the Uniform Appraisal Standards 

18 for Federal Land Acquisitions; and 

19 (ii) the Uniform Standards for Profes20 sional Appraisal Practice. 

21 (2) LOW VALUE PARCELS.— 

22 (A) VALUATION.—The Secretary may, with 

23 the consent of the State, use a mass appraisal 

24 or statement of value made by a qualified ap25 praiser carried out in accordance with the UniVerDate Sep 11 2014 01:45 May 17, 2018 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H5727.IH H5727

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1 form Standards for Professional Appraisal 

2 Practice instead of an appraisal that complies 

3 with the Uniform Appraisal Standards for Fed4 eral Land Acquisitions if the State and the Sec5 retary agree that the market value of a State 

6 land grant parcel or a parcel of unappropriated 

7 public land is— 

8 (i) less than $500,000; and 

9 (ii) less than $500 per acre. 

10 (B) DIVISION.—A State land grant parcel 

11 or a parcel of unappropriated public land may 

12 not be artificially divided in order to qualify for 

13 a mass appraisal or statement of value under 

14 subparagraph (A). 

15 (3) LEDGER ACCOUNTS.— 

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

17 State may agree to use a ledger account to 

18 make equal the value of land relinquished by 

19 the State and conveyed by the Secretary to the 

20 State under this section. 

21 (B) IMBALANCES.—A ledger account de22 scribed in subparagraph (A) shall reflect imbal23 ances in value to be reconciled in a subsequent 

24 transaction. 


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1 (C) ACCOUNT BALANCING.—Each ledger 

2 account established under this paragraph shall 

3 be— 

4 (i) balanced not later than 3 years 

5 after the date on which the ledger account 

6 is established; and 

7 (ii) closed not later than 5 years after 

8 the date of the last conveyance of land 

9 under this section. 

10 (4) COSTS.—The Secretary or the State may— 

11 (A) assume costs or other responsibilities 

12 or requirements for conveying land under this 

13 section that would generally be the responsi14 bility of the other party; and 

15 (B) make adjustments to the relative val16 ues involved in the conveyance of land under 

17 this section to compensate the Secretary or the 

18 State, as applicable, for assuming the costs or 

19 other responsibilities or requirements under 

20 subparagraph (A). 

21 (5) ADJUSTMENT.—If value is attributed to any 

22 parcel of unappropriated public land that has been 

23 selected by the State because of the presence of min24 erals under a lease under the Mineral Leasing Act 

25 (30 U.S.C. 181 et seq.) that is in a producing or 


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1 producible status, the value of the parcel shall be re2 duced by the percentage that represents the likely 

3 Federal-revenue sharing obligation under that Act, 

4 but the adjustment shall not be considered to reflect 

5 a property right of the State. 

6 (g) MISCELLANEOUS PROVISIONS.— 

7 (1) HAZARDOUS MATERIALS.—The Secretary 

8 and the State shall make available for review and in9 spection any record relating to hazardous materials 

10 on land to be conveyed under this section. 

11 (2) APPURTENANT WATER RIGHTS.—Any con12 veyance of a State land grant parcel or parcel of un13 appropriated public land under this section may in14 clude the conveyance of water rights appurtenant to 

15 the land conveyed. 

16 (3) GRAZING PERMITS.— 

17 (A) IN GENERAL.—If land conveyed under 

18 this section is subject to a lease, permit, or con19 tract for the grazing of domestic livestock in ef20 fect on the date of conveyance, the Secretary or 

21 the State, as applicable, shall allow the grazing 

22 to continue for the remainder of the term of the 

23 lease, permit, or contract, subject to the related 

24 terms and conditions of user agreements, in25 cluding permitted stocking rates, grazing fee 


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•HR 5727 IH

1 levels, access rights, and ownership and use of 

2 range improvements. 

3 (B) RENEWAL.—On expiration of any 

4 grazing lease, permit, or contract described in 

5 subparagraph (A), the party that has jurisdic6 tion over the land on the date of expiration, 

7 may elect to renew the lease, permit, or con8 tract if permitted under applicable law. 

9 (C) CANCELLATION.— 

10 (i) IN GENERAL.—Nothing in this sec11 tion prevents the Secretary or the State 

12 from canceling or modifying a grazing per13 mit, lease, or contract if the land subject 

14 to the permit, lease, or contract is sold, 

15 conveyed, transferred, or leased for non16 grazing purposes by the Secretary or the 

17 State. 

18 (ii) LIMITATION.—Except to the ex19 tent reasonably necessary to accommodate 

20 surface operations in support of mineral 

21 development, the Secretary or the State 

22 shall not cancel or modify a grazing per23 mit, lease, or contract for land conveyed 

24 under this section because the land subject 


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•HR 5727 IH

1 to the permit, lease, or contract has been 

2 leased for mineral development. 

3 (D) BASE PROPERTIES.—If land conveyed 

4 by the State under this section is used by a 

5 grazing permittee or lessee to meet the base 

6 property requirements for a Federal grazing 

7 permit or lease, the land shall continue to qual8 ify as a base property for the remaining term 

9 of the lease or permit and the term of any re10 newal or extension of the lease or permit. 

11 (h) EFFECT ON OTHER STATE SELECTION AUTHOR12 IZATIONS.—The authorization for State relinquishments 

13 and selections under this section shall be considered to be 

14 independent of, and not limited by, the authorization for 

15 State selections under— 

16 (1) sections 6, 8, and 12 of the Act of July 16, 

17 1894 (28 Stat. 107, chapter 138); or 

18 (2) sections 2275 and 2276 of the Revised 

19 Statutes (43 U.S.C. 851, 852). 

Æ 


dlhill on DSK3GLQ082PROD with BILLS