I 

110TH CONGRESS 

1ST SESSION H. R. 1210 

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

Counties, Utah, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2007 

Mr. MATHESON (for himself, Mr. CANNON, and Mr. BISHOP of Utah) introduced the following bill; which was referred to the Committee on Natural 

Resources 

A BILL 

To authorize 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’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the area surrounding the Colorado River in 

9 Grand and San Juan Counties, Utah, and Dinosaur 

10 National Monument and the Book Cliffs in Uintah 


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1 County, Utah, contains nationally recognized scenic 

2 vistas, significant archaeological and historic re3 sources, valuable wildlife habitat, and outstanding 

4 opportunities for public recreation that are enjoyed 

5 by hundreds of thousands of people annually; 

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

7 land in the area that were granted to the State 

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

10 public school system and other public institutions of 

11 the State; 

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

13 scattered in checkerboard fashion amid the Federal 

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

16 Book Cliffs; 

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

19 and the Book Cliffs includes significant natural and 

20 recreational features, including— 

21 (A) portions of Westwater Canyon of the 

22 Colorado River; 

23 (B) the nationally recognized Kokopelli 

24 and Slickrock trails; 


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1 (C) several of the largest natural rock 

2 arches in the United States; 

3 (D) multiple wilderness study areas and 

4 proposed wilderness areas; and 

5 (E) viewsheds for Arches National Park 

6 and Dinosaur National Monument; 

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

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

12 and the State of Utah; 

13 (6) although the State trust land was granted 

14 to the State to generate financial support for public 

15 schools in the State through the sale or development 

16 of natural resources, development of those resources 

17 in the Colorado River corridor, Dinosaur National 

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

21 (7) the United States owns land and interests 

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

23 be transferred to the State in exchange for the State 

24 trust land without jeopardizing Federal management 

25 objectives or needs; and 


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1 (8) it is in the public interest to exchange feder2 ally owned land in the State for the Utah State trust 

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

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

6 State of Utah. 

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

8 facilitate, and expedite the exchange of certain Federal 

9 land and non-Federal land in the State to further the pub10 lic interest by— 

11 (1) exchanging Federal land that has limited 

12 recreational and conservation resources; and 

13 (2) acquiring State trust land with important 

14 recreational, scenic, and conservation resources for 

15 permanent public management and use. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

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

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

20 Uintah Counties, Utah, that is identified on the 

21 maps as— 

22 (A) ‘‘BLM Subsurface only Proposed for 

23 Transfer to State Trust Lands’’; 

24 (B) ‘‘BLM Surface only Proposed for 

25 Transfer to State Trust Lands’’; and 


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

2 State Trust Lands’’. 

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

4 County Map’’ means the map prepared by the Bu5 reau of Land Management entitled ‘‘Utah Rec6 reational Land Exchange Act Grand County’’, dated 

7 September 22, 2006, and relating to the exchange of 

8 Federal land and non-Federal land in Grand and 

9 San Juan Counties, Utah. 

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

11 County Map and the Uintah County Map. 

12 (4) NON-FEDERAL LAND.—The term ‘‘non-Fed13 eral land’’ means the land in Grand, San Juan, and 

14 Uintah Counties, Utah, that is identified on the 

15 maps as— 

16 (A) ‘‘State Trust Land Proposed for 

17 Transfer to BLM’’; and 

18 (B) ‘‘State Trust Minerals Proposed for 

19 Transfer to BLM’’. 

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

21 the Secretary of the Interior. 

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

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

24 Institutional Trust Lands Management Act (Utah 

25 Code Ann. 53C–1–101 et seq.). 


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

2 County Map’’ means the map prepared by the Bu3 reau of Land Management entitled ‘‘Utah Rec4 reational Land Exchange Act Uintah County’’, 

5 dated September 22, 2006, and relating to the ex6 change of Federal land and non-Federal land in 

7 Uintah County, Utah. 

8 SEC. 4. EXCHANGE OF LAND. 

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

10 the date of enactment of this Act, the State offers to con11 vey to the United States title to the non-Federal land, the 

12 Secretary shall— 

13 (1) accept the offer; and 

14 (2) on receipt of acceptable title to the non15 Federal land and subject to valid existing rights, 

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

17 the United States in and to the Federal land. 

18 (b) CONVEYANCE OF PARCELS IN PHASES.— 

19 (1) IN GENERAL.—Notwithstanding that ap20 praisals for all of the parcels of Federal land and 

21 non-Federal land may not have been completed 

22 under section 5, parcels of the Federal land and 

23 non-Federal land may be exchanged under sub24 section (a) in 3 phases beginning on the date on 

25 which the appraised values of the parcels included in 


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1 the applicable phase are approved under section 

2 5(b)(5). 

3 (2) PHASES.—The 3 phases referred to in para4 graph (1) are— 

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

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

7 Grand County Map; 

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

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

10 Grand County Map and the Uintah County 

11 Map; and 

12 (C) phase 3, consisting of any remaining 

13 non-Federal land that is not identified as 

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

15 Grand County Map or the Uintah County Map. 

16 (3) NO AGREEMENT ON EXCHANGE.—If agree17 ment has not been reached with respect to the ex18 change of an individual parcel of Federal land or 

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

20 agree to set aside the individual parcel to allow the 

21 exchange of the other parcels of Federal land and 

22 non-Federal land to proceed. 

23 (c) APPURTENANT WATER RIGHTS.—Any convey24 ance of a parcel of Federal land or non-Federal land under 


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1 this Act shall include the conveyance of water rights ap2 purtenant to the parcel conveyed. 

3 (d) TIMING.— 

4 (1) IN GENERAL.—Except as provided in para5 graphs (2) and (3), the exchange of land authorized 

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

7 330 days after the date on which the State makes 

8 the Secretary an offer to convey the non-Federal 

9 land under that subsection. 

10 (2) EXCEPTION.—The deadline established 

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

12 land, the value of which is being determined under 

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

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

15 may mutually agree to extend the deadline specified 

16 in paragraph (1). 

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

18 this Act, the exchange of land shall be carried out in com19 pliance with all laws and regulations applicable to the ex20 change of Federal land for non-Federal land. 

21 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI22 ZATION. 

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

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

25 this Act— 


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1 (1) shall be equal; or 

2 (2) shall be made equal in accordance with sub3 section (c). 

4 (b) APPRAISALS.— 

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

6 land and the non-Federal land shall be determined 

7 by appraisals conducted in accordance with— 

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

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

10 1716(d)); and 

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

12 Federal Regulations (or successor regulations). 

13 (2) SELECTION OF APPRAISER.—The appraisals 

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

15 conducted by 1 or more independent third-party ap16 praisers selected jointly by the Secretary and the 

17 State. 

18 (3) COSTS.— 

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

20 State shall share third-party appraisal costs 

21 equally. 

22 (B) ADJUSTMENT.—The Secretary and the 

23 State may agree to adjust the relative value of 

24 the Federal land and non-Federal land to be ex25 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 (C) SPECIAL ACCOUNT.—All revenues re18 ceived by the United States under this para19 graph shall be deposited in a special account in 

20 the Treasury of the United States and shall be 

21 available without further appropriation to the 

22 Secretary until expended for— 

23 (i) the equalization of values as pro24 vided in subsection (c)(1); 


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1 (ii) the purchase of lands or interests 

2 therein within the State of Utah that are 

3 otherwise eligible for purchase under the 

4 Federal Lands Transaction Facilitation 

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

6 (iii) the purchase of lands or interests 

7 therein owned by the State of Utah as 

8 trustee under the Utah State School and 

9 Institutional Trust Lands Management 

10 Act that are determined by the Secretary 

11 to have outstanding characteristics for out12 door recreation, wildlife habitat, wilder13 ness, or other natural resources. 

14 (D) ACQUISITION.—Any land acquired 

15 under this section shall be— 

16 (i) from a willing seller; 

17 (ii) contingent on the conveyance of 

18 title acceptable to the Secretary, using title 

19 standards of the Attorney General; 

20 (iii) at a price not to exceed fair mar21 ket value consistent with applicable provi22 sions of the Uniform Appraisal Standards 

23 for Federal Land Acquisitions; and 

24 (iv) managed as part of the unit with25 in which it is contained. 


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1 (5) REVIEW AND APPROVAL.— 

2 (A) IN GENERAL.—Not later than 120 

3 days after the date on which the appraiser is 

4 selected under paragraph (2), the appraiser 

5 shall submit to the Secretary and the State a 

6 copy of the completed appraisals for review. 

7 (B) APPROVAL OR DISAPPROVAL.—Not 

8 later than 90 days after the date of receipt of 

9 an appraisal under subparagraph (A), the Sec10 retary and the State shall independently ap11 prove or disapprove the appraisal. 

12 (6) DETERMINATION OF VALUE.— 

13 (A) DETERMINATION BY SECRETARY AND

14 STATE.—If the Secretary and the State are un15 able to agree on the value of a parcel of land, 

16 the value of the parcel may be determined by 

17 the Secretary and the State in accordance with 

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

19 Federal Land Policy and Management Act of 

20 1976 (43 U.S.C. 1716(d)). 

21 (B) VALUATION OF LEASED FEDERAL

22 LAND.— 

23 (i) IN GENERAL.—If value is attrib24 uted to any parcel of Federal land because 

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1 ing under the Mineral Leasing Act (30 

2 U.S.C. 191 et seq.), and the parcel is sub3 ject to an existing lease under that Act, 

4 the value of the parcel shall be equal to the 

5 value of the parcel as determined under 

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

7 (ii) ADJUSTMENT.— 

8 (I) IN GENERAL.—The value of 

9 the parcel subject to a lease under 

10 clause (i) shall be reduced by the per11 centage of the Federal revenue shar12 ing obligation under section 35(a) of 

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

14 191(a)). 

15 (II) NO PROPERTY RIGHT.—An 

16 adjustment under subclause (I) shall 

17 not be considered to be a property 

18 right of the State. 

19 (C) DETERMINATION BY COURT.— 

20 (i) IN GENERAL.—Notwithstanding 

21 any other provision of law, if the Secretary 

22 and the State have not agreed on the value 

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

24 the date of enactment of this Act, a Fed25 eral district court (including the United 


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1 States District Court for the District of 

2 Utah, Central Division) shall have jurisdic3 tion to determine the value of the parcel. 

4 (ii) LIMITATION.—An action to deter5 mine the value of a parcel under clause (i) 

6 shall be brought not earlier than 1 year, 

7 but not more than 3 years, after the date 

8 of enactment of this Act. 

9 (D) AVAILABILITY OF APPRAISALS.— 

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

11 appraisal reviews, and determinations of 

12 value for land to be exchanged under this 

13 Act shall be available for public review at 

14 the Utah State Office of the Bureau of 

15 Land Management at least 30 days before 

16 the conveyance of the applicable parcels. 

17 (ii) PUBLICATION.—The Secretary 

18 shall publish in a newspaper of general cir19 culation in Salt Lake County, Utah, a no20 tice that the appraisals are available for 

21 public inspection. 

22 (c) EQUALIZATION OF VALUES.— 

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

24 completion of the appraisal and dispute resolution 

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1 Federal land exceeds the value of the Federal land 

2 the Secretary shall, in partial exchange for the non3 Federal land, provide for payment to the State of 

4 the amount necessary to equalize values from funds 

5 made available under the special account established 

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

7 to receive a reasonable rate of interest at a rate 

8 equivalent to a five-year Treasury note on the bal9 ance of the value owed by the United States from 

10 the effective date of the exchange until full value is 

11 received by the State. 

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

13 completion of the appraisal and dispute resolution 

14 process under subsection (b), the value of the Fed15 eral land exceeds the value of the non-Federal land, 

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

17 may be equalized by— 

18 (A) the Secretary, after consultation with 

19 the State, removing parcels of Federal land 

20 from the exchange until the value is equal; or 

21 (B) the Secretary and the State adding ad22 ditional State trust land to the non-Federal 

23 land, if— 

24 (i) the additional land has been ap25 praised in accordance with an ongoing 


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1 Federal acquisition process or program; 

2 and 

3 (ii) the appraised value (as deter4 mined under clause (i)) has been accepted 

5 by the Secretary. 

6 (3) NOTICE AND PUBLIC INSPECTION.— 

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

8 the State determine to add or remove land from 

9 the exchange, the Secretary shall— 

10 (i) publish in a newspaper of general 

11 circulation in Salt Lake County, Utah, a 

12 notice that identifies when and where a re13 vised exchange map will be available for 

14 public inspection; and 

15 (ii) transmit to the Committee on En16 ergy and Natural Resources of the Senate 

17 and the Committee on Natural Resources 

18 of the House of Representatives a copy of 

19 the revised exchange map. 

20 (B) LIMITATION.—The Secretary and the 

21 State shall not add or remove land from the ex22 change until at least 20 days after the date on 

23 which the notice is published under subpara24 graph (A)(i) and the map is transmitted under 

25 subparagraph (A)(ii). 


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1 (d) RESOURCE REPORT.— 

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

3 of Federal land to be conveyed to the State, the Sec4 retary shall prepare a report, based on land manage5 ment plans, resource inventories, and surveys exist6 ing on the date on which the report is prepared, that 

7 identifies any significant resource values, issues, or 

8 management concerns associated with the parcel. 

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

10 be subject to the public notice and inspection in ac11 cordance with subsection (b)(6)(D). 

12 SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EX13 CHANGE. 

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

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

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

17 Land Policy and Management Act of 1976 (43 

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

19 the United States under this Act shall become part 

20 of, and be managed as part of, the Federal adminis21 trative unit or area in which the land is located. 

22 (2) MINERAL LEASING AND OCCUPANCY.— 

23 (A) IN GENERAL.—Subject to valid exist24 ing rights, the non-Federal land acquired by the 

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1 drawn from the operation of the mineral leasing 

2 and mineral material disposal laws until the 

3 later of— 

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

5 date of enactment of this Act; or 

6 (ii) the date on which the Record of 

7 Decision authorizing the implementation of 

8 the applicable resource management plans 

9 under section 202 of the Federal Land 

10 Policy and Management Act of 1976 (43 

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

12 (B) EXCEPTION.—Any land identified on 

13 the maps as ‘‘Withdrawal Parcels’’ is with14 drawn from the operation of the mineral leasing 

15 and mineral material disposal laws. 

16 (3) RECEIPTS.— 

17 (A) IN GENERAL.—Any receipts derived 

18 from the non-Federal land acquired under this 

19 Act shall be paid into the general fund of the 

20 Treasury. 

21 (B) APPLICABLE LAW.—Mineral receipts 

22 from the non-Federal land acquired under this 

23 Act shall not be subject to section 35 of the 

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


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1 (b) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX2 CHANGE.—Subject to valid existing rights, during the pe3 riod beginning on the date of enactment of this Act and 

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

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

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

7 is withdrawn from— 

8 (1) disposition (other than disposition under 

9 section 4) under the public land laws; 

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

11 laws; and 

12 (3) the operation of— 

13 (A) the mineral leasing laws; 

14 (B) the Geothermal Steam Act of 1970 

15 (30 U.S.C. 1001 et seq.); and 

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

17 1947 (commonly known as the ‘‘Materials Act 

18 of 1947’’) (30 U.S.C. 601). 

19 (c) GRAZING PERMITS.— 

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

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

22 grazing of domestic livestock in effect on the date of 

23 acquisition, the person or entity acquiring the land 

24 shall allow the grazing to continue for the remainder 

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


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1 to the related terms and conditions of user agree2 ments, including permitted stocking rates, grazing 

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

4 range improvements. 

5 (2) RENEWAL.—To the extent allowed by Fed6 eral or State law, on expiration of any grazing lease, 

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

8 holder of the lease, permit, or contract shall be enti9 tled to a preference right to renew the lease, permit, 

10 or contract. 

11 (3) CANCELLATION.— 

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

13 prevents the Secretary or the State from can14 celing or modifying a grazing permit, lease, or 

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

16 or contract is sold, conveyed, transferred, or 

17 leased for nongrazing purposes by the party. 

18 (B) LIMITATION.—Except to the extent 

19 reasonably necessary to accommodate surface 

20 operations in support of mineral development, 

21 the Secretary or the State shall not cancel or 

22 modify a grazing permit, lease, or contract be23 cause the land subject to the permit, lease, or 

24 contract has been leased for mineral develop25 ment. 


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

2 the State under this Act is used by a grazing per3 mittee or lessee to meet the base property require4 ments for a Federal grazing permit or lease, the 

5 land shall continue to qualify as a base property for 

6 the remaining term of the lease or permit and the 

7 term of any renewal or extension of the lease or per8 mit. 

9 (d) HAZARDOUS MATERIALS.— 

10 (1) IN GENERAL.—The Secretary and, as a con11 dition of the exchange, the State shall make avail12 able for review and inspection any record relating to 

13 hazardous materials on the land to be exchanged 

14 under this Act. 

15 (2) COSTS.—The costs of remedial actions re16 lating to hazardous materials on land acquired 

17 under this Act shall be paid by those entities respon18 sible for the costs under applicable law. 

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

20 There are authorized to be appropriated such sums 

21 as are necessary to carry out this Act. 

Æ 


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