I 
109TH CONGRESS 
1ST SESSION H. R. 2069 
To authorize the exchange of certain land in Grand and Uintah Counties, 
Utah, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 4, 2005 
Mr. CANNON (for himself, Mr. BISHOP of Utah, and Mr. MATHESON) intro-
duced the following bill; which was referred to the Committee on Re-
sources 
A BILL 
To authorize the exchange of certain land in Grand 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 2005’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) the area surrounding the Colorado River in 
Grand County, Utah, and Dinosaur National Monu-
ment and the Book Cliffs in Uintah County, Utah,
contains nationally recognized scenic vistas, signifi-
cant archaeological and historic resources, valuable 
wildlife habitat, and outstanding opportunities for 
public recreation that are enjoyed by hundreds of 
thousands of people annually; 
(2) the State of Utah owns multiple parcels of 
land in the area that were granted to the State 
under the Act of July 16, 1894 (28 Stat. 107, chap-
ter 138), to be held in trust for the benefit of the 
public school system and other public institutions of 
the State; 
(3) the parcels of State trust land are largely 
scattered in checkerboard fashion amid the Federal 
land comprising the area of the Colorado River cor-
ridor, the Dinosaur National Monument, and the 
Book Cliffs; 
(4) the State trust land in the area of the Colo-
rado River corridor, Dinosaur National Monument, 
and the Book Cliffs includes significant natural and 
recreational features, including— 
(A) portions of Westwater Canyon of the 
Colorado River; 
(B) the nationally recognized Kokopelli 
and Slickrock trails;
(C) several of the largest natural rock 
arches in the United States; 
(D) multiple wilderness study areas and 
proposed wilderness areas; and 
(E) viewsheds for Arches National Park 
and Dinosaur National Monument; 
(5) the large presence of State trust land lo-
cated in the Colorado River corridor, Dinosaur Na-
tional Monument, and the Book Cliffs area makes 
land and resource management in the area more dif-
ficult, costly, and controversial for the United States 
and the State of Utah; 
(6) although the State trust land was granted 
to the State to generate financial support for public 
schools in the State through the sale or development 
of natural resources, development of those resources 
in the Colorado River corridor, Dinosaur National 
Monument, and the Book Cliffs area may be incom-
patible with managing the area for recreational, nat-
ural, and scenic resources; 
(7) the United States owns land and interests 
in land in other parts of the State of Utah that can 
be transferred to the State in exchange for the State 
trust land without jeopardizing Federal management 
objectives or needs; and
(8) it is in the public interest to exchange feder-
ally owned land in the State for the Utah State trust 
land located in the Colorado River Corridor, Dino-
saur National Monument, and the Book Cliffs area, 
on terms that are fair to the United States and the 
State of Utah. 
(b) PURPOSE.—It is the purpose of this Act to au-
thorize, facilitate, and expedite the exchange of certain 
Federal land and non-Federal land in the State to further 
the public interest by— 
(1) exchanging Federal land that has limited 
recreational and conservation resources; and 
(2) acquiring State trust land with important 
recreational, scenic, and conservation resources for 
permanent public management and use. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the approximately llll acres of Federal 
land located in Grand and Uintah Counties, Utah, 
as generally depicted on the map. 
(2) MAP.—The term ‘‘map’’ means the map en-
titled ‘‘Utah Recreational Land Exchange-Offered 
Lands’’ and dated October 2004.
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means—
(A) the approximately llll acres of 
State trust land located in the Colorado River 
corridor in Grand County, Utah, as generally 
depicted on the map; 
(B) the approximately llll acres of 
State trust land located in the vicinity of Dino-
saur National Monument in Uintah County, 
Utah, as generally depicted on the map; and 
(C) the approximately llll acres of 
State trust land located in the vicinity of the 
Book Cliffs area in Uintah County, Utah, as 
generally depicted on the map. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) 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.). 
SEC. 4. EXCHANGE OF LAND. 
(a) IN GENERAL.—If, not later than 30 days after 
the date of enactment of this Act, the State offers to con-
vey to the United States title to the non-Federal land that 
is acceptable to the Secretary, the Secretary shall—
(1) accept the offer; and 
(2) on receipt of acceptable title to the non- 
Federal land and subject to valid existing rights, si-
multaneously convey to the State all right, title, and 
interest of the United States in and to the Federal 
land. 
(b) CONVEYANCE OF INDIVIDUAL PARCELS.—Not-
withstanding that appraisals for all of the parcels of Fed-
eral land and non-Federal land may not have been com-
pleted under section 5, individual parcels of Federal land 
and non-Federal land may be exchanged under subsection 
(a) at any time after the date on which the appraised val-
ues of the individual parcels are approved under section 
5(b)(4). 
(c) TIMING.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the exchange of land authorized by sub-
section (a) shall be completed not later than 330 
days after the date on which the State makes the 
Secretary an offer to convey the non-Federal land 
under that subsection. 
(2) EXTENSION.—The Secretary and the State 
may mutually agree to extend the deadline specified 
in paragraph (1).
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI-
ZATION. 
(a) EQUAL VALUE EXCHANGE.—The value of the 
Federal land and non-Federal land to be exchanged under 
this Act— 
(1) shall be approximately equal; or 
(2) shall be made approximately equal in ac-
cordance with subsection (c). 
(b) APPRAISALS.— 
(1) IN
GENERAL.—The value of the Federal 
land and the non-Federal land shall be determined 
by appraisals conducted— 
(A) using, where appropriate, comparable 
sales of surface and subsurface property; and 
(B) subject to paragraph (3), in accord-
ance with— 
(i) the Uniform Appraisal Standards 
for Federal Land Acquisitions (2002); 
(ii) the Uniform Standards of Profes-
sional Appraisal Practice; and 
(iii) section 206(d) of the Federal 
Land Policy and Management Act of 1976 
(43 U.S.C. 1716(d)). 
(2) SELECTION
OF
APPRAISER; COSTS.—The 
appraisals of the Federal land and non-Federal land 
shall be conducted by 1 or more independent third-
party appraisers selected jointly by the Secretary 
and the State. The United States and the State 
shall share third-party appraisal costs equally. 
(3) REQUIREMENTS.—During the appraisal 
process, the appraiser shall— 
(A) consider comparable public and private 
sales without regard to— 
(i) whether the land was acquired for 
conservation or preservation purposes; or 
(ii) the nonprofit status of the entity 
making the acquisition; and 
(B) if value is attributed to the land be-
cause of the presence of minerals subject to 
leasing under Federal mineral leasing laws, ad-
just the value proportionately to reflect Federal 
mineral revenue sharing, subject to the condi-
tion that the Utah School and Institutional 
Trust Lands Administration assume the rev-
enue sharing obligation of the United States 
with respect to the land. 
(4) REVIEW AND APPROVAL.— 
(A) IN
GENERAL.—Not later than 120 
days after the date on which the appraiser is 
selected under paragraph (2), the appraiser
shall submit to the Secretary and the State a 
copy of the completed appraisals for review. 
(B) APPROVAL
OR
DISAPPROVAL.—Not 
later than 90 days after the date of receipt of 
an appraisal under subparagraph (A), the Sec-
retary and the State shall independently ap-
prove or disapprove the appraisal. 
(5) DETERMINATION OF VALUE.— 
(A) DETERMINATION BY SECRETARY AND 
STATE.—If the Secretary and the State are un-
able to agree on the value of a parcel of land, 
the value of the parcel may be determined by 
the Secretary and the State in accordance with 
paragraphs (2) and (4) of section 206(d) of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1716(d)). 
(B) DETERMINATION BY COURT.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, if the Secretary 
and the State have not agreed on the value 
of a parcel by the date that is 1 year after 
the date of enactment of this Act, a Fed-
eral district court (including the United 
States District Court for the District of
Utah, Central Division) shall have jurisdic-
tion to determine the value of the parcel. 
(ii) LIMITATION.—An action to deter-
mine the value of a parcel under clause (i) 
shall be brought not earlier than 1 year, 
but not more than 3 years, after the date 
of enactment of this Act. 
(c) EQUALIZATION OF VALUES.— 
(1) SURPLUS OF NON-FEDERAL LAND.—If after 
completion of the appraisal and dispute resolution 
process under subsection (b), the value of the non- 
Federal land exceeds the value of the Federal land, 
the State shall remove parcels of non-Federal land 
from the exchange until the value of the Federal 
land and non-Federal land is approximately equal. 
(2) SURPLUS
OF
FEDERAL
LAND.—If after 
completion of the appraisal and dispute resolution 
process under subsection (b), the value of the Fed-
eral land exceeds the value of the non-Federal land, 
the value of the Federal land and non-Federal land 
may be equalized by— 
(A) the Secretary and the State removing 
parcels of Federal land from the exchange until 
the value is approximately equal; or
(B) the Secretary and the State adding ad-
ditional State trust land to the non-Federal 
land, if— 
(i) the additional land has been ap-
praised in accordance with an ongoing 
Federal acquisition process or program; 
and 
(ii) the appraised value (as deter-
mined under clause (i)) has been accepted 
by the Secretary. 
SEC. 6. 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 acquired by the 
United States under this Act shall become part of, 
and be managed as part of, the Federal administra-
tive unit or area in which the land is located. 
(2) LIMITATION.—The payment of mineral rev-
enues from the non-Federal land acquired under this 
Act shall be subject to section 35 of the Mineral 
Leasing Act (30 U.S.C. 191).
(b) WITHDRAWAL OF FEDERAL LAND.—Subject to 
valid existing rights, the Federal land is withdrawn 
from— 
(1) disposition 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). 
(c) GRAZING PERMITS.— 
(1) IN GENERAL.—If land acquired 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 person acquiring the land 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, in-
cluding permitted stocking rates, grazing fee levels, 
access rights, and ownership and use of range im-
provements.
(2) RENEWAL.—To the extent allowed by Fed-
eral or State law, on expiration of any grazing lease, 
permit, or contract described in paragraph (1), the 
holder of the lease, permit, or contract shall be enti-
tled to a preference right to renew the lease, permit, 
or contract. 
(3) CANCELLATION.—Nothing in this Act pre-
vents the State from canceling a grazing permit, 
lease, or contract if the land subject to the permit, 
lease, or contract is sold, conveyed, transferred, or 
leased for non-grazing purposes by the State. 
(4) BASE PROPERTIES.—If land conveyed by 
the State under this Act is used by a grazing per-
mittee or lessee to meet the base property require-
ments 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 per-
mit. 
(d) HAZARDOUS MATERIALS.— 
(1) IN GENERAL.—The Secretary and, as a con-
dition of the exchange, the State shall make avail-
able for review and inspection any record relating to 
hazardous materials on the land to be exchanged 
under this Act.
(2) COSTS.—The costs of remedial actions re-
lating to hazardous materials on land acquired 
under this Act shall be paid by those entities respon-
sible for the costs under applicable law. 
(e) HISTORIC PROPERTIES.—A conveyance of Fed-
eral land under this Act shall not be considered to be an 
undertaking under section 106 of the National Historic 
Preservation Act (16 U.S.C. 470f) if the Utah State An-
tiquities Act (Utah Code Ann. 9–8–301 et seq.) is in effect 
on the date of the conveyance of the Federal land. 
(f) PROVISIONS RELATING TO FEDERAL LAND.—The 
exchange of land under this Act shall be considered to be 
in the public interest under section 206(a) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 
1716(a)). 
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