IIB 
111TH CONGRESS 
1ST SESSION H. R. 1275 
IN THE SENATE OF THE UNITED STATES 
JULY 9, 2009 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
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, 
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Uintah Counties, Utah, that is identified on the 
maps as— 
(A) ‘‘State Trust Land Proposed for 
Transfer 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 Bu-
reau of Land Management entitled ‘‘Utah Rec-
reational 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 Sec-
retary shall— 
(1) accept the offer; and 
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(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. 
(b) CONDITIONS.—The exchange authorized under 
subsection (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, 
including 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 appropriate. 
(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.— 
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(1) IN
GENERAL.—The value of the Federal 
land and the non-Federal land shall be determined 
by appraisals conducted by 1 or more independent 
appraisers selected jointly by the Secretary and the 
State. 
(2) APPLICABLE
LAW.—The appraisals con-
ducted under paragraph (1) shall be conducted in 
accordance 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 Sec-
retary 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 
estimated value of the payments that would 
have been made to the State of Utah from bo-
nuses, rentals, and royalties that the United 
States would have received if such minerals 
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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.— 
(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 
Office of the Bureau of Land Management at 
least 30 days before the conveyance of the ap-
plicable 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 sub-
section (a) in 3 phases beginning on the date on 
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which the appraised values of the parcels included in 
the applicable phase are approved under this sub-
section. 
(2) PHASES.—The 3 phases referred to in para-
graph (1) are— 
(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 au-
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thorized by subsection (a) be completed not later 
than 360 days after the date on which the State 
makes the Secretary an offer to convey the non-Fed-
eral land under that subsection. 
(f) RESERVATION OF INTEREST IN OIL SHALE.— 
(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 es-
tate that contains the oil shale resources. 
(2) EXTENT OF INTEREST.—The interest re-
served by the United States under paragraph (1) 
shall consist 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 
applicable 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. 
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(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 re-
tains an interest under this subsection. 
(5) VALUATION.—Federal land in which the 
Secretary 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 withdrawn from— 
(1) disposition (other than disposition under 
section 4) under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) the operation of— 
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(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). 
(h) APPURTENANT WATER RIGHTS.—Any convey-
ance of a parcel of Federal land or non-Federal land under 
this Act shall include the conveyance of water rights ap-
purtenant 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 determined to be appropriate and acceptable 
by the Secretary and the State, by one or more 
of the following: 
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(i) By reducing the acreage of the 
Federal 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 
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. 
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(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 
notice that identifies when and where a re-
vised exchange map will be available for 
public inspection; and 
(ii) transmit to the Committee on 
Natural Resources of the House of Rep-
resentatives 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 
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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 adminis-
trative unit or area in which the land is located. 
(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 
derived 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 
Mineral 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 
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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.— 
(A) IN
GENERAL.—Nothing in this Act 
prevents the Secretary or the State from can-
celing or modifying a grazing permit, lease, or 
contract if the land subject to the permit, lease, 
or contract is sold, conveyed, transferred, or 
leased for nongrazing purposes by the Secretary 
or the State. 
(B) LIMITATION.—Except to the extent 
reasonably necessary to accommodate surface 
operations in support of mineral development, 
the Secretary or the State shall not cancel or 
modify a grazing permit, lease, or contract be-
cause the land subject to the permit, lease, or 
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