I 

108TH CONGRESS 

2D SESSION H. R. 5330 

To authorize and direct the exchange of lands in Grand and Uintah Counties, 

Utah, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004 

Mr. MATHESON (for himself and Mr. CANNON) introduced the following bill; 

which was referred to the Committee on Resources 

A BILL 

To authorize and direct the exchange of lands in Grand 

and Uintah Counties, Utah, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Utah Recreational 

5 Lands Exchange Act’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds and declares that— 

8 (1) Areas surrounding the Colorado River in 

9 Grand County, Utah, Dinosaur National Monument 

10 in Uintah County, Utah, and the Book Cliffs area 
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1 of Uintah County, Utah, contain nationally recog2 nized scenic values, significant archaeological and 

3 historic resources, valuable wildlife habitat, and out4 standing opportunities for public recreation that are 

5 enjoyed by hundreds of thousands of people annu6 ally. 

7 (2) In these areas, the State of Utah owns mul8 tiple parcels of lands granted by Congress to the 

9 State pursuant to the Utah Enabling Act of 1894 

10 (chapter 138; 23 Stat. 107), to be held in trust for 

11 the benefit of the State’s public school system and 

12 other public institutions. The lands are largely scat13 tered in checkerboard fashion amid the Federal 

14 lands comprising the remainder of the Colorado 

15 River corridor, Dinosaur National Monument and 

16 Book Cliffs areas. 

17 (3) These State trust lands were granted for 

18 the purpose of generating financial support for 

19 Utah’s public schools through sale or development of 

20 natural resources, and the lands are held in trust 

21 under State and Federal law for the benefit of the 

22 public school system of the State and other bene23 ficiary institutions. 

24 (4) State trust lands in the Colorado River cor25 ridor, Dinosaur National Monument, and Book 
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1 Cliffs areas contain significant natural and rec2 reational values, including portions of Westwater 

3 Canyon of the Colorado River, the nationally-recog4 nized Kokopelli and Slickrock trails, several of the 

5 largest natural rock arches in the United States, 

6 multiple wilderness study areas and proposed wilder7 ness areas, and viewsheds for Arches National Park 

8 and Dinosaur National Monument. 

9 (5) The large presence of State trust lands lo10 cated within the Colorado River corridor, Dinosaur 

11 National Monument, and Book Cliffs areas make 

12 land and resource management in the areas more 

13 difficult, costly, and controversial for both the State 

14 of Utah and the United States. 

15 (6) Development of Utah State trust lands in 

16 these areas in accordance with the purpose for which 

17 the lands were granted could be incompatible with 

18 management of such areas for recreational, natural, 

19 and scenic values. 

20 (7) The United States owns lands and interests 

21 in lands elsewhere in Utah that can be transferred 

22 to the State of Utah in exchange without jeopard23 izing Federal management objectives or needs. 

24 (8) It is in the public interest to enact legisla25 tion authorizing an exchange of other federally 
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1 owned lands in Utah for the Utah State trust lands 

2 located within the Colorado River corridor, Dinosaur 

3 National Monument and Book Cliffs areas, on terms 

4 fair to the State of Utah and the United States. 

5 (b) PURPOSE.—It is the purpose of this Act to au6 thorize, direct, facilitate and expedite the land exchange 

7 described herein in order to further the public interest by 

8 disposing of Federal lands with limited recreational and 

9 conservation values and acquiring in exchange therefore 

10 State trust lands with important recreational, scenic, and 

11 conservation values for permanent public management and 

12 use. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

15 (1) OFFERED LANDS.—The term ‘‘Offered 

16 Lands’’ means the Utah State school trust lands de17 scribed in section 4(b) to be conveyed to the United 

18 States under this Act. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of the Interior. 

21 (3) SELECTED LANDS.—The term ‘‘Selected 

22 Lands’’ means the public lands described in section 

23 4(c) to be conveyed to the State under this Act. 

24 (4) STATE.—The term ‘‘State’’ means the State 

25 of Utah. 
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1 SEC. 4. LAND EXCHANGE. 

2 (a) CONDITION.—The exchange directed by this sec3 tion shall be consummated if, not later than 30 days after 

4 the date of enactment of this Act, the State offers to 

5 transfer to the United States the Offered Lands. 

6 (b) CONVEYANCE OF OFFERED LANDS BY STATE.— 

7 In accordance with this Act, the State shall convey to the 

8 United States by State patent acceptable to the Secretary, 

9 subject to valid existing rights, all right, title, and interest 

10 of the State in and to the following Offered Lands: 

11 (1) Certain land comprising approximately 

12 llll acres and located in the Colorado River 

13 corridor in Grand County, Utah, as generally de14 picted on a map entitled ‘‘Utah Recreational Land 

15 Exchange Offered Lands’’, dated October 2004. 

16 (2) Certain land comprising approximately 

17 llll acres and located in the vicinity of Dino18 saur National Monument in Uintah County, Utah, 

19 also as generally depicted on the map entitled ‘‘Utah 

20 Recreational Land Exchange Offered Lands’’, dated 

21 October 2004. 

22 (3) Certain land comprising approximately 

23 llll acres and located in the Book Cliffs area 

24 of Uintah County, Utah, also as generally depicted 

25 on the map entitled ‘‘Utah Recreational Land Ex26 change Offered Lands’’, dated October 2004. 
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1 (c) CONVEYANCE OF SELECTED LAND BY THE

2 UNITED STATES.—At the time of receipt of title to the 

3 Offered Lands, the Secretary shall simultaneously convey 

4 to the State all right, title, and interest of the United 

5 States, subject to valid existing rights, in and to certain 

6 land comprising approximately llllll acres and 

7 located in Grand and Uintah Counties, Utah, as generally 

8 depicted on a map entitled ‘‘Utah Recreational Land Ex9 change Selected Lands’’, dated October 2004. 

10 SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI11 ZATION. 

12 (a) EQUAL VALUE EXCHANGE.—The values of the 

13 Offered Lands and Selected Lands— 

14 (1) shall be approximately equal; or 

15 (2) if the values are not approximately equal, 

16 values shall be made approximately equal in accord17 ance with subsection (e) or (f). 

18 (b) APPRAISALS.—The values of the Offered Lands 

19 and Selected Lands shall be determined by appraisals 

20 using comparable sales of surface and subsurface property 

21 and nationally recognized appraisal standards, including, 

22 to the extent appropriate, the Uniform Appraisal Stand23 ards for Federal Land Acquisitions (1992), the Uniform 

24 Standards of Professional Appraisal Practice, and section 

25 206(d) of the Federal Land Policy and Management Act 
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1 of 1976 (43 U.S.C. 1716(d)) and its implementing regula2 tions. The appraisals of the Offered Lands and the Se3 lected Lands shall consider all otherwise comparable pub4 lic and private sales without regard to whether such lands 

5 were acquired for conservation or preservation purposes, 

6 or the governmental or non-profit status of the entity 

7 making the acquisition. If value is attributed to minerals 

8 subject to lease under Federal mineral leasing laws, then 

9 such value shall be proportionately adjusted to reflect Fed10 eral mineral revenue sharing, upon the condition that the 

11 Utah School and Institutional Trust Lands Administra12 tion shall assume the revenue sharing obligation of the 

13 United States with respect to that land. 

14 (c) APPRAISALS; REVIEW BY SECRETARY AND

15 STATE.—The State shall contract for appraisals of the Of16 fered Lands and the Selected Lands with an independent 

17 third-party appraiser or appraisers jointly selected from 

18 a list approved by both the State and the Secretary. The 

19 list shall be approved not later than 30 days after the 

20 State offers the Offered Lands in accordance with sub21 section (a). Completed appraisals shall be submitted to the 

22 Secretary and the State for review not later than 120 days 

23 after selection of the appraisers. 

24 (d) RESOLUTION OF DISAGREEMENT.—The Sec25 retary and the State shall independently review and ap-
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1 prove or disapprove appraisals submitted pursuant to sub2 section (c) not later than 90 days after receipt of such 

3 appraisals. If the Secretary and the State are unable to 

4 agree on the value of a parcel of land, the value may, by 

5 mutual agreement, be determined in accordance with the 

6 methods set forth in sections 206(d)(2) and 206(d)(4) of 

7 the Federal Land Policy and Management Act of 1976 

8 (43 U.S.C. 1716(d)(2), (4)). If, one year after the date 

9 of the enactment of this Act, the parties have not agreed 

10 upon the value of any parcel or parcels involved in the 

11 exchange, any appropriate United States District Court, 

12 including the United States District Court for the District 

13 of Utah, Central Division, shall have jurisdiction to hear, 

14 determine, and render judgment on the value of such 

15 lands. No action provided for in this subsection may be 

16 filed with the Court sooner than 1 year or later than 3 

17 years after the date of the enactment of this Act. 

18 (e) EQUALIZATION IF SURPLUS OF OFFERED

19 LANDS.—In general if, after the completion of the ap20 praisal and dispute resolution process set forth in sub21 sections (b), (c), and (d), the final value of the Offered 

22 Lands exceeds the final value of the Selected Lands the 

23 Secretary shall delete Offered Lands from the exchange 

24 until the values are approximately equal. 
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1 (f) EQUALIZATION IF SURPLUS OF SELECTED

2 LAND.—In general if, after the completion of the ap3 praisal and dispute resolution process set forth in sub4 sections (b), (c), and (d), the final value of the Selected 

5 Lands exceeds the final value of the Offered Lands— 

6 (1) the State and the Secretary may mutually 

7 agree to delete lands from the Selected Lands until 

8 the values are approximately equal; or 

9 (2) the State and the Secretary may mutually 

10 agree to add additional State trust lands to the Of11 fered Lands, provided the additional lands have been 

12 previously appraised pursuant to an ongoing Federal 

13 acquisition process or program and the appraised 

14 value has been accepted by the Secretary. 

15 SEC. 6. MISCELLANEOUS PROVISIONS. 

16 (a) LAND STATUS.— 

17 (1) ADMINISTRATION OF LANDS ACQUIRED BY

18 UNITED STATES.—In accordance with the provisions 

19 of section 206(c) of the Federal Land Policy and 

20 Management Act of 1976 (43 U.S.C. 1716(c)), all 

21 lands acquired by the United States pursuant to this 

22 Act shall upon acceptance of title by the United 

23 States and without further action by the Secretary 

24 become part of and be managed as part of the ad25 ministrative unit or area within which they are lo-
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1 cated. The payment of mineral revenues from the 

2 acquired lands shall be subject to the provisions of 

3 section 35 of the Mineral Leasing Act (30 U.S.C. 

4 2191). 

5 (2) WITHDRAWAL OF SELECTED LAND.—Sub6 ject to valid existing rights, the Federal lands de7 scribed in subsection (c)(2) are hereby withdrawn 

8 from disposition under the public land laws and 

9 from location, entry, and patent under the mining 

10 laws of the United States, from the operation of the 

11 mineral leasing laws of the United States, from op12 eration of the Geothermal Steam Act of 1970, and 

13 from the operation of the Act of July 31, 1947, com14 monly known as the Materials Act of 1947 (30 

15 U.S.C. 601 and following). 

16 (b) GRAZING PERMITS.— 

17 (1) IN GENERAL.—On all lands exchanged 

18 under this Act, the party acquiring title to such 

19 lands shall honor, for the remainder of the applica20 ble term, all leases, permits, and contracts for the 

21 grazing of domestic livestock, and the related terms 

22 and conditions of user agreements on exchanged 

23 lands, including permitted stocking rates, grazing 

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

25 range improvements. Upon expiration of any lease or 
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1 permit, the holder shall be entitled to a preference 

2 right to renew such lease or permit to the extent 

3 provided by Federal or State law. Nothing in this 

4 Act shall prevent the State from canceling any graz5 ing permit when the underlying land is sold, con6 veyed, transferred, or leased for nongrazing purposes 

7 by the State. 

8 (2) BASE PROPERTIES.—In any instance where 

9 lands conveyed by the State under this Act are used 

10 by a grazing permittee or lessee to meet the base 

11 property requirements for a Federal grazing permit 

12 or lease, such lands shall continue to qualify as base 

13 properties for the remaining term of the lease or 

14 permit and any renewal or extensions thereof. 

15 (c) HAZARDOUS MATERIALS.—The Secretary and, as 

16 a condition of the exchange, the State shall make available 

17 for review and inspection all pertinent records relating to 

18 hazardous materials (if any) on the lands to be exchanged 

19 pursuant to this Act. The responsibility for costs of reme20 dial action related to such materials shall be borne by 

21 those entities responsible under existing law. 

22 (d) TIMING.—The land exchange authorized under 

23 this Act shall be complete not later than 330 days after 

24 the date on which the State makes the Secretary an offer 

25 to exchange under section 4(a), unless the Secretary and 
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1 the State agree to extend the date of the completion of 

2 the land exchange. 

3 (e) PROVISIONS RELATING TO FEDERAL LANDS.— 

4 The enactment of this Act shall be construed as satisfying 

5 the provisions of section 206(a) of the Federal Land Pol6 icy and Management Act of 1976 (43 U.S.C. 1716(a)) re7 quiring that exchanges of lands be in the public interest. 

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