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. 
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 
Lands Exchange Act’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds and declares that— 
(1) Areas surrounding the Colorado River in 
Grand County, Utah, Dinosaur National Monument 
in Uintah County, Utah, and the Book Cliffs area
of Uintah County, Utah, contain nationally recog-
nized scenic values, significant archaeological and 
historic resources, valuable wildlife habitat, and out-
standing opportunities for public recreation that are 
enjoyed by hundreds of thousands of people annu-
ally. 
(2) In these areas, the State of Utah owns mul-
tiple parcels of lands granted by Congress to the 
State pursuant to the Utah Enabling Act of 1894 
(chapter 138; 23 Stat. 107), to be held in trust for 
the benefit of the State’s public school system and 
other public institutions. The lands are largely scat-
tered in checkerboard fashion amid the Federal 
lands comprising the remainder of the Colorado 
River corridor, Dinosaur National Monument and 
Book Cliffs areas. 
(3) These State trust lands were granted for 
the purpose of generating financial support for 
Utah’s public schools through sale or development of 
natural resources, and the lands are held in trust 
under State and Federal law for the benefit of the 
public school system of the State and other bene-
ficiary institutions. 
(4) State trust lands in the Colorado River cor-
ridor, Dinosaur National Monument, and Book
Cliffs areas contain significant natural and rec-
reational values, including portions of Westwater 
Canyon of the Colorado River, the nationally-recog-
nized Kokopelli and Slickrock trails, several of the 
largest natural rock arches in the United States, 
multiple wilderness study areas and proposed wilder-
ness areas, and viewsheds for Arches National Park 
and Dinosaur National Monument. 
(5) The large presence of State trust lands lo-
cated within the Colorado River corridor, Dinosaur 
National Monument, and Book Cliffs areas make 
land and resource management in the areas more 
difficult, costly, and controversial for both the State 
of Utah and the United States. 
(6) Development of Utah State trust lands in 
these areas in accordance with the purpose for which 
the lands were granted could be incompatible with 
management of such areas for recreational, natural, 
and scenic values. 
(7) The United States owns lands and interests 
in lands elsewhere in Utah that can be transferred 
to the State of Utah in exchange without jeopard-
izing Federal management objectives or needs. 
(8) It is in the public interest to enact legisla-
tion authorizing an exchange of other federally
owned lands in Utah for the Utah State trust lands 
located within the Colorado River corridor, Dinosaur 
National Monument and Book Cliffs areas, on terms 
fair to the State of Utah and the United States. 
(b) PURPOSE.—It is the purpose of this Act to au-
thorize, direct, facilitate and expedite the land exchange 
described herein in order to further the public interest by 
disposing of Federal lands with limited recreational and 
conservation values and acquiring in exchange therefore 
State trust lands with important recreational, scenic, and 
conservation values for permanent public management and 
use. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) OFFERED
LANDS.—The term ‘‘Offered 
Lands’’ means the Utah State school trust lands de-
scribed in section 4(b) to be conveyed to the United 
States under this Act. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) SELECTED
LANDS.—The term ‘‘Selected 
Lands’’ means the public lands described in section 
4(c) to be conveyed to the State under this Act. 
(4) STATE.—The term ‘‘State’’ means the State 
of Utah.
(c) CONVEYANCE
OF SELECTED LAND
BY
THE 
UNITED STATES.—At the time of receipt of title to the 
Offered Lands, the Secretary shall simultaneously convey 
to the State all right, title, and interest of the United 
States, subject to valid existing rights, in and to certain 
land comprising approximately llllll acres and 
located in Grand and Uintah Counties, Utah, as generally 
depicted on a map entitled ‘‘Utah Recreational Land Ex-
change Selected Lands’’, dated October 2004. 
SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALI-
ZATION. 
(a) EQUAL VALUE EXCHANGE.—The values of the 
Offered Lands and Selected Lands— 
(1) shall be approximately equal; or 
(2) if the values are not approximately equal, 
values shall be made approximately equal in accord-
ance with subsection (e) or (f). 
(b) APPRAISALS.—The values of the Offered Lands 
and Selected Lands shall be determined by appraisals 
using comparable sales of surface and subsurface property 
and nationally recognized appraisal standards, including, 
to the extent appropriate, the Uniform Appraisal Stand-
ards for Federal Land Acquisitions (1992), the Uniform 
Standards of Professional Appraisal Practice, and section 
206(d) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1716(d)) and its implementing regula-
tions. The appraisals of the Offered Lands and the Se-
lected Lands shall consider all otherwise comparable pub-
lic and private sales without regard to whether such lands 
were acquired for conservation or preservation purposes, 
or the governmental or non-profit status of the entity 
making the acquisition. If value is attributed to minerals 
subject to lease under Federal mineral leasing laws, then 
such value shall be proportionately adjusted to reflect Fed-
eral mineral revenue sharing, upon the condition that the 
Utah School and Institutional Trust Lands Administra-
tion shall assume the revenue sharing obligation of the 
United States with respect to that land. 
(c) APPRAISALS; REVIEW
BY
SECRETARY
AND 
STATE.—The State shall contract for appraisals of the Of-
fered Lands and the Selected Lands with an independent 
third-party appraiser or appraisers jointly selected from 
a list approved by both the State and the Secretary. The 
list shall be approved not later than 30 days after the 
State offers the Offered Lands in accordance with sub-
section (a). Completed appraisals shall be submitted to the 
Secretary and the State for review not later than 120 days 
after selection of the appraisers. 
(d) RESOLUTION
OF DISAGREEMENT.—The Sec-
retary and the State shall independently review and ap-
prove or disapprove appraisals submitted pursuant to sub-
section (c) not later than 90 days after receipt of such 
appraisals. If the Secretary and the State are unable to 
agree on the value of a parcel of land, the value may, by 
mutual agreement, be determined in accordance with the 
methods set forth in sections 206(d)(2) and 206(d)(4) of 
the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1716(d)(2), (4)). If, one year after the date 
of the enactment of this Act, the parties have not agreed 
upon the value of any parcel or parcels involved in the 
exchange, any appropriate United States District Court, 
including the United States District Court for the District 
of Utah, Central Division, shall have jurisdiction to hear, 
determine, and render judgment on the value of such 
lands. No action provided for in this subsection may be 
filed with the Court sooner than 1 year or later than 3 
years after the date of the enactment of this Act. 
(e) EQUALIZATION
IF
SURPLUS
OF
OFFERED 
LANDS.—In general if, after the completion of the ap-
praisal and dispute resolution process set forth in sub-
sections (b), (c), and (d), the final value of the Offered 
Lands exceeds the final value of the Selected Lands the 
Secretary shall delete Offered Lands from the exchange 
until the values are approximately equal.
(f) EQUALIZATION
IF
SURPLUS
OF
SELECTED 
LAND.—In general if, after the completion of the ap-
praisal and dispute resolution process set forth in sub-
sections (b), (c), and (d), the final value of the Selected 
Lands exceeds the final value of the Offered Lands— 
(1) the State and the Secretary may mutually 
agree to delete lands from the Selected Lands until 
the values are approximately equal; or 
(2) the State and the Secretary may mutually 
agree to add additional State trust lands to the Of-
fered Lands, provided the additional lands have been 
previously appraised pursuant to an ongoing Federal 
acquisition process or program and the appraised 
value has been accepted by the Secretary. 
SEC. 6. MISCELLANEOUS PROVISIONS. 
(a) LAND STATUS.— 
(1) ADMINISTRATION OF LANDS ACQUIRED BY 
UNITED STATES.—In accordance with the provisions 
of section 206(c) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(c)), all 
lands acquired by the United States pursuant to this 
Act shall upon acceptance of title by the United 
States and without further action by the Secretary 
become part of and be managed as part of the ad-
ministrative unit or area within which they are lo-
cated. The payment of mineral revenues from the 
acquired lands shall be subject to the provisions of 
section 35 of the Mineral Leasing Act (30 U.S.C. 
2191). 
(2) WITHDRAWAL OF SELECTED LAND.—Sub-
ject to valid existing rights, the Federal lands de-
scribed in subsection (c)(2) are hereby withdrawn 
from disposition under the public land laws and 
from location, entry, and patent under the mining 
laws of the United States, from the operation of the 
mineral leasing laws of the United States, from op-
eration of the Geothermal Steam Act of 1970, and 
from the operation of the Act of July 31, 1947, com-
monly known as the Materials Act of 1947 (30 
U.S.C. 601 and following). 
(b) GRAZING PERMITS.— 
(1) IN
GENERAL.—On all lands exchanged 
under this Act, the party acquiring title to such 
lands shall honor, for the remainder of the applica-
ble term, all leases, permits, and contracts for the 
grazing of domestic livestock, and the related terms 
and conditions of user agreements on exchanged 
lands, including permitted stocking rates, grazing 
fee levels, access rights, and ownership and use of 
range improvements. Upon expiration of any lease or
permit, the holder shall be entitled to a preference 
right to renew such lease or permit to the extent 
provided by Federal or State law. Nothing in this 
Act shall prevent the State from canceling any graz-
ing permit when the underlying land is sold, con-
veyed, transferred, or leased for nongrazing purposes 
by the State. 
(2) BASE PROPERTIES.—In any instance where 
lands conveyed by the State under this Act are used 
by a grazing permittee or lessee to meet the base 
property requirements for a Federal grazing permit 
or lease, such lands shall continue to qualify as base 
properties for the remaining term of the lease or 
permit and any renewal or extensions thereof. 
(c) HAZARDOUS MATERIALS.—The Secretary and, as 
a condition of the exchange, the State shall make available 
for review and inspection all pertinent records relating to 
hazardous materials (if any) on the lands to be exchanged 
pursuant to this Act. The responsibility for costs of reme-
dial action related to such materials shall be borne by 
those entities responsible under existing law. 
(d) TIMING.—The land exchange authorized under 
this Act shall be complete not later than 330 days after 
the date on which the State makes the Secretary an offer 
to exchange under section 4(a), unless the Secretary and