I
103D CONGRESS
1ST SESSION
H. R. 677
To exchange lands within the State of Utah, between the United States
and the State of Utah
IN THE HOUSE OF REPRESENTATIVES
JANUARY 27, 1993
Mr. HANSEN (for himself and Ms. SHEPHERD) introduced the following bill;
which was referred to the Committee on Natural Resources
A BILL
To exchange lands within the State of Utah, between the
United States and the State of Utah
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 Schools and
Lands Improvement Act of 1993’’.
SEC. 2. UTAH-NAVAJO LAND EXCHANGE.
(a) ADDITIONS TO RESERVATION.—For the purpose
of securing in trust for the Navajo Nation certain lands
belonging to the State of Utah, which comprise approxi-
mately thirty-eight thousand five hundred acres of surface
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(b) AUTHORIZATION.—The Secretary of the Interior
is authorized to acquire through exchange those lands de-
scribed in subsection (a) which are owned by the State
of Utah, subject to valid existing rights.
(c) OTHER LAND.—(1) The following tract of Fed-
eral land located in the State of Nevada, comprising ap-
proximately five acres more or less, together with all im-
provements thereon is hereby declared to be part of the
Goshute Indian Reservation, and shall be held in trust for
the Goshute Indian Tribe: Township 30 north, range 69
east, lots 5, 6, 7, 9, 11, and 14 of section 34.
(2) No part of such lands shall be used for gaming
or any related purpose.
SEC. 4. IMPLEMENTATION.
The exchanges authorized by sections 2 and 3 of this
Act shall be conducted without cost to the Navajo Nation
and the Goshute Indian Tribe.
SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYS-
TEM.
(a) AUTHORIZATION.—The Secretary of Agriculture
is authorized to accept on behalf of the United States the
school and institutional trust lands owned by the State
of Utah within units of the National Forest System, com-
prising approximately seventy-six thousand acres as de-
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picted on a map entitled ‘‘Utah Forest Land Exchange’’,
dated May 18, 1992.
(b) STATUS.—Any lands acquired by the United
States pursuant to this section shall become a part of the
national forest within which such lands are located and
shall be subject to all the laws and regulations applicable
to the National Forest System.
SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK
SYSTEM.
(a) AUTHORIZATION.—The Secretary of the Interior
is hereby authorized to accept on behalf of the United
States all school and institutional trust lands owned by
the State of Utah located within all units of the National
Park System, comprising approximately eighty thousand
acres, located within the State of Utah on the date of
enactment of this Act.
(b) STATUS.—(1) Notwithstanding any other provi-
sion of law, all lands of the State of Utah within units
of the National Park System that are conveyed to the
United States pursuant to this section shall become a part
of the appropriate unit of the National Park System, and
be subject to all laws and regulations applicable to that
unit of the National Park System.
(2) The Secretary of the Interior shall, as a part of
the exchange process of this Act, compensate the State
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of Utah for the fair market value of five hundred eighty
and sixty-four one-hundredths acres within Capitol Reef
National Park that were conveyed by the State of Utah
to the United States on July 2, 1971, for which the State
has never been compensated. The fair market value of
these lands shall be established pursuant to section 8 of
this Act.
SEC. 7. OFFER TO STATE.
(a) SPECIFIC OFFERS.—Within thirty days after en-
actment of this Act, the Secretary of the Interior shall
transmit to the State of Utah a list of lands, or interests
in lands, within the State of Utah for transfer to the State
of Utah in exchange for the State lands and interests de-
scribed in sections 2, 3, 5, and 6 of this Act. Such list
shall include only the following Federal lands, or interests
in lands:
(1) Blue Mountain Telecommunications Site,
fee estate, approximately six hundred and forty
acres.
(2) Beaver Mountain Ski Resort Site, fee es-
tate, approximately three thousand acres, as gen-
erally depicted on the map entitled ‘‘Beaver Moun-
tain Ski Resort’’ dated September 16, 1992.
(3) The unleased coal located in the Winter
Quarters tract.
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(4) The unleased coal located in the Crandall
Canyon tract.
(5) All royalties receivable by the United States
with respect to coal leases in the Quitchupah (Con-
vulsion Canyon) tract.
(6) The unleased coal located in the Cotton-
wood Canyon tract.
(7) The unleased coal located in the Soldier
Creek tract.
(b) ADDITIONAL OFFERS.—(1) In addition to the
lands and interests specified in subsection (a), the Sec-
retary shall offer to the State of Utah a portion of the
royalties receivable by the United States with respect to
Federal geothermal, oil, gas, or other mineral interests in
Utah which on December 31, 1992, were under lease and
covered by an approved permit to drill or plan of develop-
ment and plan of reclamation, were in production, and
were not under administrative or judicial appeal.
(2) No offer under this subsection shall be for royal-
ties aggregating more than 50 per centum of the total ap-
praised value of the State lands described in sections 2,
3, 5, and 6.
(3) The Secretary shall make no offer under this sub-
section which would enable the State of Utah to receive
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royalties under this section exceeding $12,500,000 annu-
ally.
(4) If the total value of lands and interests therein
and royalties offered to the State pursuant to subsections
(a) and (b) is less than the total value of the State lands
described in sections 2, 3, 5, and 6, the Secretary shall
provide the State a list of all public lands in Utah that
as of December 31, 1992, the Secretary in Resource Man-
agement Plans prepared, pursuant to the Federal Land
Policy and Management Act of 1976, had identified as
suitable for disposal by exchange or otherwise, and shall
offer to transfer to the State any or all of such lands,
as selected by the State, in partial exchange for such State
lands, to the extent consistent with other applicable laws
and regulations.
SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.
(a) EQUAL VALUE.—All exchanges authorized under
this Act shall be for equal value. No later than ninety days
after enactment of this Act, the Secretary of the Interior,
the Secretary of Agriculture, and the Governor of the
State of Utah shall provide for an appraisal of the lands
or interests therein involved in the exchanges authorized
by this Act. A detailed appraisal report shall utilize nation-
ally recognized appraisal standards including, to the ex-
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tent appropriate, the Uniform Appraisal Standards for
Federal Land Acquisition.
(b) DEADLINE AND DISPUTE RESOLUTION.—(1) If
after two years from the date of enactment of this Act,
the parties have not agreed upon the final terms of some
or all of the exchanges authorized by this Act, including
the value of the lands involved in some or all of such ex-
changes, notwithstanding any other provisions of law, the
United States District Court for the District of Utah,
Central Division, shall have jurisdiction to hear, deter-
mine, and render judgment on the value of any and all
lands, or interests therein, involved in the exchange.
(2) Any action provided for in this subsection can be
filed with the court no sooner than two years and no later
than five years after the date of enactment of this Act.
Any decision of a district court under this Act may be
appealed in accordance with the applicable laws and rules.
(c) ADJUSTMENT.—If the State shares revenue from
the selected Federal properties the value of such prop-
erties shall be the value otherwise established under this
section, less the percentage which represents the Federal
revenue sharing obligation, but such adjustment shall not
be considered as reflecting a property right of the State
of Utah.
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(d) INTEREST.—Any royalty offer by the Secretary
pursuant to subsection 7(b) shall be adjusted to reflect
net present value as of the effective date of the exchange.
The State shall be entitled to receive a reasonable rate
of interest at a rate equivalent to a five-year treasury note
on the balance of the value owed by the United States
from the effective date of the exchange until full value is
received by the State and mineral rights revert to the
United States as prescribed by subsection 9(a)(3).
SEC. 9. TRANSFER OF TITLE.
(a) TERMS.—(1) The State of Utah shall be entitled
to receive so much of those lands or interests in lands and
additional royalties described in section 7 that are offered
by the Secretary of the Interior and accepted by the State
as are equal in value to the State lands and interests de-
scribed in sections 2, 3, 5, and 6.
(2) For those properties where fee simple title is to
be conveyed to the State of Utah, the Secretary of the
Interior shall convey, subject to valid existing rights, all
right, title, and interest, subject to the provisions of sub-
section (b). For those properties where less than fee simple
is to be conveyed to the State of Utah, the Secretary shall
reserve to the United States all remaining right, title, and
interest of the United States.
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(3) All right, title, and interest in any mineral rights
described in section 7 that are conveyed to the State of
Utah pursuant to this Act shall revert to the United States
upon removal of minerals equal in value to the value at-
tributed to such rights in connection with an exchange
under this Act.
(4) If the State of Utah accepts the offers provided
for in this Act, the State shall convey to the United States,
subject to valid existing rights, all right, title, and interest
of the State to all school and institutional trust lands de-
scribed in sections 2, 3, 5, and 6 of this Act. Except as
provided in section 7(b), conveyance of all lands or inter-
ests in lands shall take place within sixty days following
agreement by the Secretary of the Interior and the Gov-
ernor of the State of Utah, or entry of an appropriate
order of judgment by the district court.
(b) INSPECTIONS.—Both parties shall inspect all per-
tinent records and shall conduct a physical inspection of
the lands to be exchanged pursuant to this Act for the
presence of any hazardous materials as presently defined
by applicable law. The results of those inspections shall
be made available to the parties. Responsibility for costs
of remedial action related to materials identified by such
inspections shall be borne by those entities responsible
under existing law.
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(c) CONDITIONS.—(1) With respect to the lands and
interests described in section 7, enactment of this Act
shall be construed as satisfying the provisions of section
206(a) of the Federal Land Policy and Management Act
of 1976 requiring that exchanges of lands be in the public
interest.
(2) Development of any mineral interest transferred
to the State of Utah pursuant to this Act shall be subject
to all laws, rules, and regulations applicable to develop-
ment of non-Federal mineral interests, including, where
appropriate, laws, rules, and regulations applicable to such
development within national forests.
SEC. 10. LEGAL DESCRIPTIONS.
(a) IN GENERAL.—As soon as practicable after en-
actment, a map and legal description of the lands added
to the Navajo and Goshute Indian Reservations and all
lands exchanged under this Act shall be filed by the appro-
priate Secretary with the Committee on Natural Resources
of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate, and each
such map and description shall have the same force and
effect as if included in this Act, except that the appro-
priate Secretary may correct clerical and typographical er-
rors in each such legal description and map. Each such
map and legal description shall be on file and available
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for public inspection in the offices of the Secretary of Agri-
culture and the Secretary of the Interior and the Utah
offices of the appropriate agencies of the Department of
the Interior and Department of Agriculture.
(b) PILOT.—Section 6902(b) of title 31, United
States Code, is amended by striking ‘‘acquisition.’’ and in-
serting in lieu thereof ‘‘acquisition, nor does this sub-
section apply to payments for lands in Utah acquired by
the United States if at the time of such acquisition units,
under applicable State law, were entitled to receive pay-
ments from the State for such lands, but in such case no
payment under this chapter with respect to such acquired
lands shall exceed the payment that would have been made
under State law if such lands had not been acquired.’’.
(c) INTENT.—The lands and interests described in
section 7 are an offer related only to the State lands and
interests described in this Act, and nothing in this Act
shall be construed as precluding conveyance of other lands
or interests to the State of Utah pursuant to other ex-
changes under applicable existing law or subsequent Act
of Congress. It is the intent of Congress that the State
should establish a funding mechanism, or some other
mechanism, to assure that counties within the State are
treated equitably as a result of this exchange.
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(d) COSTS.—The United States and the State of
Utah shall each bear its own respective costs incurred in
the implementation of this Act.
(e) DEFINITION.—As used in this Act, the term
‘‘school and institutional trust lands’’ means those prop-
erties granted by the United States in the Utah Enabling
Act to the State of Utah in trust and other lands which
under State law must be managed for the benefit of the
public school system or the institutions of the State which
are designated by the Utah Enabling Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this Act.