(i) in trust by the United States for the 
benefit of an Indian Tribe or a member of 
an Indian Tribe; 
(ii) by an Indian Tribe or a member 
of an Indian Tribe, subject to restriction 
against alienation under laws of the United 
States; or 
(iii) by a dependent Indian commu-
nity. 
(3) RELINQUISHMENT AREA.—The term ‘‘Relin-
quishment Area’’ means any land within— 
(A) the Recreation Area; or 
(B) a wilderness area. 
(4) STATE.—The term ‘‘State’’ means the State, 
acting as trustee under the Utah State School and In-
stitutional Trust Lands Management Act (Utah Code 
Ann. 53C–1–101 et seq.) through the Utah School and 
Institutional Trust Lands Administration. 
(5) STATE
LAND
GRANT
PARCEL.—The term 
‘‘State land grant parcel’’ means— 
(A) any land wholly or partially within a 
Relinquishment Area that was granted to the 
State by Congress through a statehood land 
grant for the support of public education or other 
public institutions; or 
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pamtmann on DSKBFK8HB2PROD with BILLS
(B) any land located wholly or partially 
within a Relinquishment Area that was acquired 
by the State for a purpose described in subpara-
graph (A). 
(6) UNAPPROPRIATED PUBLIC LAND.— 
(A) IN GENERAL.—The term ‘‘unappropri-
ated public land’’ has the meaning given the 
term ‘‘public lands’’ in section 103 of the Federal 
Land Policy and Management Act of 1976 (43 
U.S.C. 1702). 
(B) INCLUSION.—The term ‘‘unappropri-
ated public land’’ includes any land or minerals 
acquired by the United States under title III of 
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 
1010 et seq.). 
(C) EXCLUSIONS.—The term ‘‘unappropri-
ated public land’’ does not include Federal land 
that is— 
(i) except as provided in subparagraph 
(B), acquired land; 
(ii) in a unit of the National Land-
scape Conservation System established by 
the Omnibus Public Land Management Act 
of 2009 (Public Law 111–11; 123 Stat. 
991); 
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pamtmann on DSKBFK8HB2PROD with BILLS
(iii) in an area of critical environ-
mental concern established under section 
202(c)(3) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 
1712(c)(3)); 
(iv) in a special recreation manage-
ment area; 
(v) in an area managed by the Bureau 
of Land Management, through an inventory 
carried out in accordance with the Federal 
Land Policy and Management Act of 1976 
(43 U.S.C. 1701 et seq.), for wilderness 
characteristics in a land use plan finalized 
under that Act; or 
(vi) Indian land. 
(b) RELINQUISHMENT OF STATE LAND GRANT PAR-
CELS AND SELECTION OF REPLACEMENT LAND.— 
(1) AUTHORITY TO SELECT.—In accordance with 
this section, the State may, on approval by the Sec-
retary of an application filed under this section— 
(A) relinquish to the Secretary the State 
land grant parcels described in the approved ap-
plication; and 
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pamtmann on DSKBFK8HB2PROD with BILLS
(B) in exchange for the relinquished land, 
select unappropriated public land in the State 
for conveyance by the Secretary to the State. 
(2) PROCESSING.—The Secretary shall promptly 
process any application filed under this section in ac-
cordance with subsection (c). 
(3) VALID EXISTING RIGHTS.— 
(A) IN
GENERAL.—Any land conveyed 
under this section shall be subject to valid exist-
ing rights. 
(B) SUCCESSION.—Each party to whom 
land is conveyed under this section shall succeed 
to the rights and obligations of the conveying 
party with respect to any lease, right-of-way, 
permit or other valid existing right to which the 
conveyed land is subject. 
(c) APPLICATION AND CONVEYANCE PROCEDURES.— 
(1) APPROVAL
OR
DISAPPROVAL
OF
APPLICA-
TIONS.— 
(A) DEADLINE FOR APPROVAL.—Not later 
than 1 year after the date on which an applica-
tion is filed under this section, the Secretary 
shall issue a final approval or disapproval of the 
application. 
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pamtmann on DSKBFK8HB2PROD with BILLS
(B) PARTIAL APPROVAL AUTHORIZED.—An 
application may be approved by the Secretary in 
whole or in part. 
(C) LIMITATION.—The Secretary shall not 
approve any application that the Secretary de-
termines would create irreconcilable management 
conflicts with respect to the management of adja-
cent Federal land. 
(2) CONVEYANCE.— 
(A) CONVEYANCE BY STATE.—The convey-
ance of any State land grant parcel under this 
section shall be by patent or deed acceptable to 
the Secretary. 
(B) CONVEYANCE BY SECRETARY.— 
(i) DEADLINE
FOR
CONVEYANCE
OF 
UNAPPROPRIATED PUBLIC LAND.—Not later 
than 90 days after the date on which the 
Secretary issues a final approval with re-
spect to an application for the conveyance 
of unappropriated public land, the Sec-
retary shall convey the applicable unappro-
priated public land to the State. 
(ii) TERMS
AND
CONDITIONS.—The 
conveyance of unappropriated public land 
by the Secretary to the State under this sec-
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pamtmann on DSKBFK8HB2PROD with BILLS
tion shall include such terms and conditions 
as the Secretary may require. 
(3) ENVIRONMENTAL ANALYSIS.— 
(A) IN GENERAL.—Except as otherwise pro-
vided in this subsection, the Secretary shall con-
vey unappropriated public land under this sec-
tion in accordance with— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); and 
(ii) any other applicable law. 
(B) ENVIRONMENTAL ASSESSMENT OR ENVI-
RONMENTAL IMPACT STATEMENT.—In preparing 
an environmental assessment or environmental 
impact statement under section 102(2) of the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4332(2)) for the conveyance of unappro-
priated public land under this section, the Sec-
retary is not required to study, develop, or de-
scribe any action other than— 
(i) the proposed agency action; and 
(ii) the alternative of no action. 
(d) MINERAL LAND.— 
(1) SELECTION AND CONVEYANCE.— 
(A) IN GENERAL.—Subject to the provisions 
of this section, the State may select, and the Sec-
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pamtmann on DSKBFK8HB2PROD with BILLS
retary may convey, unappropriated public land 
that is mineral in character. 
(B) EXCLUSION.—The State may not select, 
and the Secretary may not convey unappropri-
ated public land that includes only a portion of 
a mineral lease or permit, unless— 
(i) the portion represents the entire 
portion available for selection under this 
Act; and 
(ii) the lessee or permittee, respectively, 
consents. 
(2) MINING CLAIMS.— 
(A) MINING CLAIMS UNAFFECTED.—Nothing 
in this section alters, diminishes, or expands the 
existing rights of a mining claimant under ap-
plicable law. 
(B) VALIDITY EXAMINATIONS.—Nothing in 
this section requires the Secretary to carry out a 
mineral examination for any mining claim lo-
cated on unappropriated public land to be con-
veyed under this section. 
(C) WITHDRAWAL.—Unappropriated public 
land selected by the State for acquisition under 
this section is withdrawn, subject to valid exist-
ing rights, from location, entry, and patent 
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pamtmann on DSKBFK8HB2PROD with BILLS
under the mining laws until that date on 
which— 
(i) the selected unappropriated public 
land is conveyed by the Secretary to the 
State; 
(ii) the Secretary makes a final deter-
mination not accepting the selection of the 
unappropriated public land; or 
(iii) the State withdraws the selection 
of the unappropriated public land. 
(e) CONSTRUCTION WITH OTHER LAWS.— 
(1) CONSIDERATION.—In the application of laws 
(including regulations) and policies relating to selec-
tions made under this section, the Secretary shall con-
sider the equities of the State and the interest of the 
public. 
(2) PRESUMPTION OF PLAN ADEQUACY.—Unless 
a land use plan adopted under section 202 of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1712) specifically identifies significant public 
values that would be lost or substantially impaired as 
a result of the conveyance of unappropriated public 
land to the State, any State selection under this sec-
tion shall be considered to be in compliance with the 
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plan regardless of whether the selected land is other-
wise identified for disposal. 
(f) VALUATION.— 
(1) EQUAL VALUE.— 
(A) IN GENERAL.—The overall value of the 
State land grant parcels and parcels of unappro-
priated public land to be conveyed to the State 
shall be— 
(i) equal; or 
(ii) if the value is not equal— 
(I) equalized by the payment of 
funds to the State or to the Secretary 
as the circumstances require; or 
(II) reflected on the balance of a 
ledger account established under para-
graph (3). 
(B) APPRAISAL REQUIRED.—Except as pro-
vided in paragraph (2), the Secretary and the 
State shall jointly determine the value of a State 
land grant parcel and a parcel of unappropri-
ated public land through an appraisal completed 
in accordance with— 
(i) the Uniform Appraisal Standards 
for Federal Land Acquisitions; and 
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pamtmann on DSKBFK8HB2PROD with BILLS
(ii) the Uniform Standards for Profes-
sional Appraisal Practice. 
(2) LOW VALUE PARCELS.— 
(A) VALUATION.—The Secretary may, with 
the consent of the State, use a mass appraisal or 
statement of value made by a qualified appraiser 
carried out in accordance with the Uniform 
Standards for Professional Appraisal Practice 
instead of an appraisal that complies with the 
Uniform Appraisal Standards for Federal Land 
Acquisitions if the State and the Secretary agree 
that the market value of a State land grant par-
cel or a parcel of unappropriated public land 
is— 
(i) less than $500,000; and 
(ii) less than $500 per acre. 
(B) DIVISION.—A State land grant parcel 
or a parcel of unappropriated public land may 
not be artificially divided in order to qualify for 
a mass appraisal or statement of value under 
subparagraph (A). 
(3) LEDGER ACCOUNTS.— 
(A) IN GENERAL.—The Secretary and the 
State may agree to use a ledger account to make 
equal the value of land relinquished by the State 
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pamtmann on DSKBFK8HB2PROD with BILLS
and conveyed by the Secretary to the State under 
this section. 
(B) IMBALANCES.—A ledger account de-
scribed in subparagraph (A) shall reflect imbal-
ances in value to be reconciled in a subsequent 
transaction. 
(C) ACCOUNT BALANCING.—Each ledger ac-
count established under this paragraph shall 
be— 
(i) balanced not later than 3 years 
after the date on which the ledger account 
is established; and 
(ii) closed not later than 5 years after 
the date of the last conveyance of land 
under this section. 
(4) COSTS.—The Secretary or the State may— 
(A) assume costs or other responsibilities or 
requirements for conveying land under this sec-
tion that would generally be the responsibility of 
the other party; and 
(B) make adjustments to the relative values 
involved in the conveyance of land under this 
section to compensate the Secretary or the State, 
as applicable, for assuming the costs or other re-
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pamtmann on DSKBFK8HB2PROD with BILLS
sponsibilities or requirements under subpara-
graph (A). 
(5) ADJUSTMENT.—If value is attributed to any 
parcel of unappropriated public land that has been 
selected by the State because of the presence of min-
erals under a lease under the Mineral Leasing Act (30 
U.S.C. 181 et seq.) that is in a producing or produc-
ible status, the value of the parcel shall be reduced by 
the percentage that represents the likely Federal-rev-
enue sharing obligation under that Act, but the ad-
justment shall not be considered to reflect a property 
right of the State. 
(g) MISCELLANEOUS PROVISIONS.— 
(1) HAZARDOUS
MATERIALS.—The Secretary 
and the State shall make available for review and in-
spection any record relating to hazardous materials 
on land to be conveyed under this section. 
(2) APPURTENANT WATER RIGHTS.—Any convey-
ance of a State land grant parcel or parcel of unap-
propriated public land under this section may in-
clude the conveyance of water rights appurtenant to 
the land conveyed. 
(3) GRAZING PERMITS.— 
(A) IN GENERAL.—If land conveyed under 
this section is subject to a lease, permit, or con-
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pamtmann on DSKBFK8HB2PROD with BILLS
tract for the grazing of domestic livestock in ef-
fect on the date of conveyance, the Secretary or 
the State, as applicable, 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, includ-
ing permitted stocking rates, grazing fee levels, 
access rights, and ownership and use of range 
improvements. 
(B) RENEWAL.—On expiration of any graz-
ing lease, permit, or contract described in sub-
paragraph (A), the party that has jurisdiction 
over the land on the date of expiration, may elect 
to renew the lease, permit, or contract if per-
mitted under applicable law. 
(C) CANCELLATION.— 
(i) IN GENERAL.—Nothing in this sec-
tion prevents the Secretary or the State 
from canceling or modifying a grazing per-
mit, lease, or contract if the land subject to 
the permit, lease, or contract is sold, con-
veyed, transferred, or leased for nongrazing 
purposes by the Secretary or the State. 
(ii) LIMITATION.—Except to the extent 
reasonably necessary to accommodate sur-
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face operations in support of mineral devel-
opment, the Secretary or the State shall not 
cancel or modify a grazing permit, lease, or 
contract for land conveyed under this sec-
tion because the land subject to the permit, 
lease, or contract has been leased for min-
eral development. 
(D) BASE PROPERTIES.—If land conveyed 
by the State under this section is used by a graz-
ing permittee or lessee to meet the base property 
requirements for a Federal grazing permit or 
lease, the land shall continue to qualify as a base 
property for the remaining term of the lease or 
permit and the term of any renewal or extension 
of the lease or permit. 
(h) EFFECT ON OTHER STATE SELECTION AUTHOR-
IZATIONS.—The authorization for State relinquishments 
and selections under this section shall be considered to be 
independent of, and not limited by, the authorization for 
State selections under— 
(1) sections 6, 8, and 12 of the Act of July 16, 
1894 (28 Stat. 107, chapter 138); or 
(2) sections 2275 and 2276 of the Revised Stat-
utes (43 U.S.C. 851, 852). 
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Union Calendar No. 832 
115TH CONGRESS 
2D SESSION 
H. R. 5727 
[Report No. 115–1071] 
A BILL 
To establish the San Rafael Swell Western Herit-
age and Historic Mining National Conservation 
Area in the State of Utah, to designate wilder-
ness areas in the State, to provide for certain 
land conveyances, and for other purposes. 
DECEMBER 10, 2018 
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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