IB 
Union Calendar No. 96 
111TH CONGRESS 
1ST SESSION H. R. 1275 
[Report No. 111–179] 
To direct the exchange of certain land in Grand, San Juan, and Uintah 
Counties, Utah, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2009 
Mr. MATHESON (for himself and Mr. CHAFFETZ) introduced the following bill; 
which was referred to the Committee on Natural Resources 
JUNE 23, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 3, 2009] 
A BILL 
To direct the exchange of certain land in Grand, San Juan, 
and Uintah Counties, Utah, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Utah Recreational Land 
Exchange Act of 2009’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the land located in Grand, San Juan, and 
Uintah Counties, Utah, that is identified on the maps 
as— 
(A) ‘‘BLM Subsurface only Proposed for 
Transfer to State Trust Lands’’; 
(B) ‘‘BLM Surface only Proposed for 
Transfer to State Trust Lands’’; and 
(C) ‘‘BLM Lands Proposed for Transfer to 
State Trust Lands’’. 
(2) GRAND
COUNTY
MAP.—The term ‘‘Grand 
County Map’’ means the map prepared by the Bureau 
of Land Management entitled ‘‘Utah Recreational 
Land Exchange Act Grand County’’, dated May 14, 
2009, and relating to the exchange of Federal land 
and non-Federal land in Grand and San Juan Coun-
ties, Utah. 
(3) MAPS.—The term ‘‘maps’’ means the Grand 
County Map and the Uintah County Map. 
(4) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the land in Grand, San Juan, and 
Uintah Counties, Utah, that is identified on the maps 
as— 
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(A) ‘‘State Trust Land Proposed for Trans-
fer to BLM’’; and 
(B) ‘‘State Trust Minerals Proposed for 
Transfer to BLM’’. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of Utah, as trustee under the Utah State School and 
Institutional Trust Lands Management Act (Utah 
Code Ann. 53C–1–101 et seq.). 
(7) UINTAH COUNTY MAP.—The term ‘‘Uintah 
County Map’’ means the map prepared by the Bureau 
of Land Management entitled ‘‘Utah Recreational 
Land Exchange Act Uintah County’’, dated May 14, 
2009, and relating to the exchange of Federal land 
and non-Federal land in Uintah County, Utah. 
SEC. 3. EXCHANGE OF LAND. 
(a) IN GENERAL.—If the State offers to convey to the 
United States title to the non-Federal land, the Secretary 
shall— 
(1) accept the offer; and 
(2) on receipt of all right, title, and interest of 
the State in and to the non-Federal land, convey to 
the State all right, title, and interest of the United 
States in and to the Federal land. 
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(b) CONDITIONS.—The exchange authorized under sub-
section (a) shall be subject to— 
(1) valid existing rights; 
(2) except as otherwise provided by this sec-
tion— 
(A) section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716); 
and 
(B) any other applicable laws; 
(3) all costs of land exchanges under this Act, in-
cluding but not limited to appraisals, surveys, and 
related costs, shall be paid equally by the Secretary 
and the State; and 
(4) any additional terms and conditions that the 
Secretary and the State mutually determine to be ap-
propriate. 
(c) TITLE APPROVAL.—Title to the Federal land and 
non-Federal land to be exchanged under this section shall 
be in a format acceptable to the Secretary and the State. 
(d) APPRAISALS.— 
(1) IN GENERAL.—The value of the Federal land 
and the non-Federal land shall be determined by ap-
praisals conducted by 1 or more independent apprais-
ers selected jointly by the Secretary and the State. 
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(2) APPLICABLE
LAW.—The appraisals con-
ducted under paragraph (1) shall be conducted in ac-
cordance with section 206 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1716). 
(3) APPROVAL.—The appraisals conducted under 
paragraph (1) shall be submitted to the Secretary and 
the State for approval. 
(4) ADJUSTMENT.— 
(A) IN GENERAL.—If value is attributed to 
any parcel of Federal land because of the pres-
ence of minerals subject to leasing under the 
Mineral Leasing Act (30 U.S.C. 181 et seq.), the 
value of the parcel (as otherwise established 
under this subsection) shall be reduced by the es-
timated value of the payments that would have 
been made to the State of Utah from bonuses, 
rentals, and royalties that the United States 
would have received if such minerals were leased 
pursuant to the Mineral Leasing Act (30 U.S.C. 
181 et seq.). 
(B) LIMITATION.—An adjustment under 
subparagraph (A) shall not be considered as a 
property right of the State. 
(5) AVAILABILITY OF APPRAISALS.— 
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(A) IN GENERAL.—All final appraisals, ap-
praisal reviews, and determinations of value for 
land to be exchanged under this section shall be 
available for public review at the Utah State Of-
fice of the Bureau of Land Management at least 
30 days before the conveyance of the applicable 
parcels. 
(B) PUBLICATION.—The Secretary or the 
State, as applicable, shall publish in a news-
paper of general circulation in Salt Lake Coun-
ty, Utah, a notice that the appraisals are avail-
able for public inspection. 
(e) CONVEYANCE OF PARCELS IN PHASES.— 
(1) IN
GENERAL.—Notwithstanding that ap-
praisals for all of the parcels of Federal land and 
non-Federal land may not have been approved under 
subsection (d)(3), parcels of the Federal land and 
non-Federal land may be exchanged under subsection 
(a) in 3 phases beginning on the date on which the 
appraised values of the parcels included in the appli-
cable phase are approved under this subsection. 
(2) PHASES.—The 3 phases referred to in para-
graph (1) are— 
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(A) phase 1, consisting of the non-Federal 
land identified as ‘‘phase one’’ land on the 
Grand County Map; 
(B) phase 2, consisting of the non-Federal 
land identified as ‘‘phase two’’ land on the 
Grand County Map and the Uintah County 
Map; and 
(C) phase 3, consisting of any remaining 
non-Federal land that is not identified as ‘‘phase 
one’’ land or ‘‘phase two’’ land on the Grand 
County Map or the Uintah County Map. 
(3) NO AGREEMENT ON EXCHANGE.—If agree-
ment has not been reached with respect to the ex-
change of an individual parcel of Federal land or 
non-Federal land, the Secretary and the State may 
agree to set aside the individual parcel to allow the 
exchange of the other parcels of Federal land and non- 
Federal land to proceed. 
(4) TIMING.—It is the intent of Congress that at 
least the first phase of the exchange of land authorized 
by subsection (a) be completed not later than 360 
days after the date on which the State makes the Sec-
retary an offer to convey the non-Federal land under 
that subsection. 
(f) RESERVATION OF INTEREST IN OIL SHALE.— 
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(1) IN GENERAL.—With respect to Federal land 
that contains oil shale resources, the Secretary shall 
reserve an interest in the portion of the mineral estate 
that contains the oil shale resources. 
(2) EXTENT OF INTEREST.—The interest reserved 
by the United States under paragraph (1) shall con-
sist of— 
(A) 50 percent of any bonus bid or other 
payment received by the State as consideration 
for securing any lease or authorization to de-
velop oil shale resources; 
(B) the amount that would have been re-
ceived by the Federal Government under the ap-
plicable royalty rate if the oil shale resources had 
been retained in Federal ownership; and 
(C) 50 percent of any other payment re-
ceived by the State pursuant to any lease or au-
thorization to develop the oil shale resources. 
(3) PAYMENT.—Any amounts due under para-
graph (2) shall be paid by the State to the United 
States not less than quarterly. 
(4) NO OBLIGATION TO LEASE.—The State shall 
not be obligated to lease or otherwise develop oil shale 
resources in which the United States retains an inter-
est under this subsection. 
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(5) VALUATION.—Federal land in which the Sec-
retary reserves an interest under this subsection shall 
be appraised— 
(A) without regard to the presence of oil 
shale; and 
(B) in accordance with subsection (d). 
(g) WITHDRAWAL OF FEDERAL LAND PRIOR TO EX-
CHANGE.—Subject to valid existing rights, during the pe-
riod beginning on the date of enactment of this Act and 
ending on the earlier of the date that the Federal land is 
removed from the exchange or the date on which the Federal 
land is conveyed under this Act, the Federal land is with-
drawn from— 
(1) disposition (other than disposition under sec-
tion 4) under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) the operation of— 
(A) the mineral leasing laws; 
(B) the Geothermal Steam Act of 1970 (30 
U.S.C. 1001 et seq.); and 
(C) the first section of the Act of July 31, 
1947 (commonly known as the ‘‘Materials Act of 
1947’’) (30 U.S.C. 601). 
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(h) APPURTENANT WATER RIGHTS.—Any conveyance 
of a parcel of Federal land or non-Federal land under this 
Act shall include the conveyance of water rights appur-
tenant to the parcel conveyed. 
(i) EQUAL VALUE EXCHANGE.— 
(1) IN GENERAL.—The value of the Federal land 
and non-Federal land to be exchanged under this 
Act— 
(A) shall be equal; or 
(B) shall be made equal in accordance with 
paragraph (2). 
(2) EQUALIZATION.— 
(A) SURPLUS OF FEDERAL LAND.—If the 
value of the Federal land exceeds the value of the 
non-Federal land, the value of the Federal land 
and non-Federal land shall be equalized, as de-
termined to be appropriate and acceptable by the 
Secretary and the State, by one or more of the 
following: 
(i) By reducing the acreage of the Fed-
eral land to be conveyed. 
(ii) By adding additional State land 
to the non-Federal land to be conveyed. 
(iii) Consistent with section 206(b) of 
the Federal Land Policy and Management 
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Act (43 U.S.C. 1716), by cash equalization 
of not more than 5 percent of the total value 
of the lands or interests in lands to be 
transferred out of Federal ownership. 
(B) SURPLUS OF NON-FEDERAL LAND.—If 
the value of the non-Federal land exceeds the 
value of the Federal land, the value of the Fed-
eral land and non-Federal land shall be equal-
ized, as determined to be appropriate and ac-
ceptable by the Secretary and the State, by one 
or both of the following:. 
(i) By reducing the acreage of the non- 
Federal land to be conveyed. 
(ii) Consistent with section 206(b) of 
the Federal Land Policy and Management 
Act (43 U.S.C. 1716), by cash equalization 
of not more than 5 percent of the total value 
of the lands or interests in lands to be 
transferred out of Federal ownership. 
(3) NOTICE AND PUBLIC INSPECTION.— 
(A) IN GENERAL.—If the Secretary and the 
State determine to add or remove land from the 
exchange, the Secretary or the State shall— 
(i) publish in a newspaper of general 
circulation in Salt Lake County, Utah, a 
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notice that identifies when and where a re-
vised exchange map will be available for 
public inspection; and 
(ii) transmit to the Committee on Nat-
ural Resources of the House of Representa-
tives and the Committee on Energy and 
Natural Resources of the Senate a copy of 
the revised exchange map. 
(B) LIMITATION.—The Secretary and the 
State shall not add or remove land from the ex-
change until at least 30 days after the date on 
which the notice is published under subpara-
graph (A)(i) and the map is transmitted under 
subparagraph (A)(ii). 
SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EX-
CHANGE. 
(a) ADMINISTRATION OF NON-FEDERAL LAND.— 
(1) IN GENERAL.—Subject to paragraph (2) and 
in accordance with section 206(c) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 
1716(c)), the non-Federal land acquired by the United 
States under this Act shall become part of, and be 
managed as part of, the Federal administrative unit 
or area in which the land is located. 
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(2) WITHDRAWAL
PARCELS.—Any non-Federal 
land acquired by the United States under this Act 
identified on the maps as ‘‘Withdrawal Parcels’’ is 
withdrawn from the operation of the mineral leasing 
and mineral material disposal laws. 
(3) RECEIPTS.— 
(A) IN GENERAL.—Any mineral receipts de-
rived from the non-Federal land acquired under 
this Act shall be paid into the general fund of the 
Treasury. 
(B) APPLICABLE
LAW.—Mineral receipts 
from the non-Federal land acquired under this 
Act shall not be subject to section 35 of the Min-
eral Leasing Act (30 U.S.C. 191). 
(b) GRAZING PERMITS.— 
(1) IN GENERAL.—If land conveyed under this 
Act is subject to a lease, permit, or contract for the 
grazing of domestic livestock in effect on the date of 
acquisition, the Secretary and the State shall allow 
the grazing to continue for the remainder of the term 
of the lease, permit, or contract, subject to the related 
terms and conditions of user agreements, including 
permitted stocking rates, grazing fee levels, access 
rights, and ownership and use of range improvements. 
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(2) RENEWAL.—To the extent allowed by Federal 
or State law, on expiration of any grazing lease, per-
mit, or contract described in paragraph (1), the hold-
er of the lease, permit, or contract shall be entitled to 
a preference right to renew the lease, permit, or con-
tract. 
(3) CANCELLATION.— 
(A) IN GENERAL.—Nothing in this Act pre-
vents the Secretary or the State from canceling 
or modifying a grazing permit, lease, or contract 
if the land subject to the permit, lease, or con-
tract is sold, conveyed, transferred, or leased for 
nongrazing purposes by the Secretary or the 
State. 
(B) LIMITATION.—Except to the extent rea-
sonably necessary to accommodate surface oper-
ations in support of mineral development, the 
Secretary or the State shall not cancel or modify 
a grazing permit, lease, or contract because the 
land subject to the permit, lease, or contract has 
been leased for mineral development. 
(4) BASE PROPERTIES.—If land conveyed by the 
State under this Act is used by a grazing permittee 
or lessee to meet the base property requirements for a 
Federal grazing permit or lease, the land shall con-
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tinue to qualify as a base property for the remaining 
term of the lease or permit and the term of any re-
newal or extension of the lease or permit. 
(c) HAZARDOUS MATERIALS.— 
(1) IN GENERAL.—The Secretary and, as a con-
dition of the exchange, the State shall make available 
for review and inspection any record relating to haz-
ardous materials on the land to be exchanged under 
this Act. 
(2) COSTS.—The costs of remedial actions relat-
ing to hazardous materials on land acquired under 
this Act shall be paid by those entities responsible for 
the costs under applicable law. 
(d) EASEMENT.—The conveyance of Federal land in 
sec. 33, T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., 
of the Salt Lake Meridian, shall be subject to a 1,000 foot 
wide scenic easement and a 200 foot wide road right-of- 
way previously granted to the National Park Service for 
the Dinosaur National Monument, as described in Land 
Withdrawal No. U–0141143, pursuant to the Act of Sep-
tember 8, 1960 (74 Stat. 857,861). 
SEC. 5. TERMINATION OF AUTHORITY. 
The provisions of this Act shall terminate 5 years after 
the date of enactment. 
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as 
are necessary to carry out this Act. 
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Union Calendar No. 96 
111TH CONGRESS 
1ST SESSION 
H. R. 1275 
[Report No. 111–179] 
A BILL 
To direct the exchange of certain land in Grand, 
San Juan, and Uintah Counties, Utah, and for 
other purposes. 
JUNE 23, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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