II 

113TH CONGRESS 

2D SESSION S. 3000 

To establish the Hurricane Sand Dunes National Recreation Area in the 

State of Utah, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 11, 2014 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish the Hurricane Sand Dunes National Recreation 

Area in the State of 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 ‘‘Hurricane Sand Dunes 

5 National Recreation Area Act of 2014’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 means land owned and managed by the Bureau of 


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1 Land Management in Washington County in the 

2 State. 

3 (2) MAP.—The term ‘‘map’’ means the map 

4 prepared by the Bureau of Land Management enti5 tled ‘‘Hurricane Sand Dunes National Recreation 

6 Area’’ and dated November 14, 2014. 

7 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed8 eral land’’ means the State land identified on the 

9 map as State land. 

10 (4) PROPOSED EXCHANGE PARCEL.—The term 

11 ‘‘proposed exchange parcel’’ means the approxi12 mately 1,205 acres of Bureau of Land Management 

13 land identified on the map as ‘‘Proposed Exchange 

14 Parcel’’. 

15 (5) RECREATION AREA.—The term ‘‘Recreation 

16 Area’’ means the Hurricane Sand Dunes National 

17 Recreation Area established by section 3(a). 

18 (6) SECRETARY.—The term ‘‘Secretary’’ means 

19 the Secretary of the Interior. 

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

21 of Utah. 


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1 SEC. 3. HURRICANE SAND DUNES NATIONAL RECREATION 

2 AREA, UTAH. 

3 (a) DESIGNATION.—There is established in the State 

4 the Hurricane Sand Dunes National Recreation Area to 

5 provide for— 

6 (1) the enhancement of recreational uses; and 

7 (2) the use of off-highway vehicles. 

8 (b) BOUNDARY.— 

9 (1) IN GENERAL.—The Recreation Area shall 

10 consist of the approximately 18,447 acres of Bureau 

11 of Land Management land in the State identified on 

12 the map as ‘‘Open OHV Area’’. 

13 (2) EXCLUSION.—The proposed exchange par14 cel shall be excluded from the Recreation Area. 

15 (c) ADMINISTRATION OF RECREATION AREA AND

16 PROPOSED EXCHANGE PARCEL.—The Secretary, acting 

17 through the Director of the Bureau of Land Management, 

18 shall— 

19 (1) administer the Recreation Area and pro20 posed exchange parcel— 

21 (A) in accordance with— 

22 (i) the applicable Federal laws (in23 cluding regulations) and rules applicable to 

24 the Bureau of Land Management; and 

25 (ii) applicable land use plans; and 


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1 (B) consistent with the administration of 

2 the Sand Mountain Open OHV Area, as in ex3 istence on the day before the date of enactment 

4 of this Act; and 

5 (2) only allow uses of the Recreation Area that 

6 are consistent with the purposes described in sub7 section (a). 

8 (d) FISH AND WILDLIFE.—Nothing in this section 

9 affects the jurisdiction or responsibilities of the State with 

10 respect to fish and wildlife in the State. 

11 (e) ADJACENT MANAGEMENT.—Nothing in this sec12 tion creates any protective perimeter or buffer zone 

13 around the Recreation Area. 

14 (f) USE OF OFF-HIGHWAY VEHICLES.—The land de15 scribed in subsection (b)(1) shall remain open, in per16 petuity, to the use of off-highway vehicles. 

17 SEC. 4. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 

18 LAND. 

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

20 the United States title to the non-Federal land, the Sec21 retary shall— 

22 (1) accept the offer; and 

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

24 and to the non-Federal land, convey to the State all 


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1 right, title, and interest of the United States in and 

2 to the Federal land. 

3 (b) VALID EXISTING RIGHTS.—The exchange author4 ized under subsection (a) shall be subject to valid existing 

5 rights. 

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

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

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

9 (d) APPRAISALS.— 

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

11 land and the non-Federal land to be exchanged 

12 under this section shall be determined by appraisals 

13 conducted by 1 or more independent appraisers re14 tained by the State, with the consent of the Sec15 retary. 

16 (2) APPLICABLE LAW.—The appraisals under 

17 paragraph (1) shall be conducted in accordance with 

18 nationally recognized appraisal standards, including, 

19 as appropriate, the Uniform Appraisal Standards for 

20 Federal Land Acquisitions. 

21 (3) APPROVAL.—The appraisals conducted 

22 under paragraph (1) shall be submitted to the Sec23 retary and the State for approval. 

24 (e) EQUAL VALUE EXCHANGE.— 


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

2 land and non-Federal land to be exchanged under 

3 this section— 

4 (A) shall be equal; or 

5 (B) shall be made equal in accordance with 

6 paragraph (2). 

7 (2) EQUALIZATION.— 

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

9 value of the Federal land exceeds the value of 

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

11 land and non-Federal land shall be equalized, 

12 as determined to be appropriate and acceptable 

13 by the Secretary and the State— 

14 (i) by reducing the acreage of the 

15 Federal land to be conveyed; or 

16 (ii) by adding additional State land to 

17 the non-Federal land to be conveyed. 

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

19 the value of the non-Federal land exceeds the 

20 value of the Federal land, the value of the Fed21 eral land and non-Federal land shall be equal22 ized by reducing the acreage of the non-Federal 

23 land to be conveyed, as determined to be appro24 priate and acceptable by the Secretary and the 

25 State. 


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1 (f) STATUS AND MANAGEMENT OF NON-FEDERAL

2 LAND.—On conveyance to the Secretary, the non-Federal 

3 land shall, in accordance with section 206(c) of the Fed4 eral Land Policy Act of 1976 (43 U.S.C. 1716(c)), be 

5 added to, and administered by the Secretary as part of, 

6 the Recreation Area. 

Æ 


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