I 
115TH CONGRESS 
1ST SESSION H. R. 4532 
To create the first Tribally managed national monument, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 4, 2017 
Mr. CURTIS (for himself, Mr. BISHOP of Utah, Mr. STEWART, and Mrs. 
LOVE) introduced the following bill; which was referred to the Committee 
on Natural Resources 
A BILL 
To create the first Tribally managed national monument, 
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 ‘‘Shash Ja´a National 
Monument and Indian Creek National Monument Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Withdrawal. 
Sec. 4. Proclamation termination. 
Sec. 5. Authorization of appropriations. 
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TITLE I—SHASH JA´A NATIONAL MONUMENT 
Sec. 101. Establishment and purpose. 
Sec. 102. Map and legal description. 
Sec. 103. Administration of Shash Ja´a National Monument. 
Sec. 104. General provisions. 
Sec. 105. Shash Ja´a Tribal Management Council. 
Sec. 106. Bears Ears Commission. 
Sec. 107. Archaeological resources protection. 
Sec. 108. Enhanced resource protection capabilities in the Shash Ja´a National 
Monument. 
Sec. 109. Scientific research to further purpose of Shash Ja´a National Monu-
ment. 
Sec. 110. Federal land manager adherence. 
TITLE II—INDIAN CREEK NATIONAL MONUMENT 
Sec. 201. Establishment and purpose. 
Sec. 202. Map and legal description. 
Sec. 203. Administration of Indian Creek National Monument. 
Sec. 204. General provisions. 
Sec. 205. Indian Creek Management Council. 
Sec. 206. Bears Ears Commission. 
Sec. 207. Archaeological resources protection. 
Sec. 208. Enhanced resource protection capabilities in the Indian Creek Na-
tional Monument. 
Sec. 209. Scientific research to further purpose of Indian Creek National 
Monument. 
Sec. 210. Federal land manager adherence. 
TITLE III—UTAH PUBLIC SCHOOL TRUST LAND CERTAINTY 
Sec. 301. Definitions. 
Sec. 302. Exchange of land to benefit the Utah Public School Trust. 
Sec. 303. Equal value land exchanges and appraisals. 
SEC. 3. WITHDRAWAL. 
Subject to valid existing rights, all Federal land and 
interests in land within the exterior boundaries of the 
Bears Ears National Monument declared under Presi-
dential Proclamation 9558, dated December 28, 2016, is 
withdrawn from— 
(1) all forms of entry, appropriation, and dis-
posal under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
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(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
SEC. 4. PROCLAMATION TERMINATION. 
Presidential Proclamation 9558, dated December 28, 
2016, and issued under chapter 3203 of title 54, United 
States Code, is hereby declared null and void. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
this Act $1,500,000 for each of fiscal years 2018 through 
2024. 
TITLE I—SHASH JA´ A NATIONAL 
MONUMENT 
SEC. 101. ESTABLISHMENT AND PURPOSE. 
(a) ESTABLISHMENT.—Subject to the valid existing 
rights, the Federal land comprising approximately 
142,337 acres, identified as ‘‘Shash Ja´a National Unit’’ 
and generally depicted on the map entitled ‘‘Bears Ears 
National Monument Boundary Modification’’, including 
Moon House Ruin and Doll House Ruin, is hereby estab-
lished as the ‘‘Shash Ja´a National Monument’’. 
(b) PURPOSE.—The purpose of the Shash Ja´a Na-
tional Monument shall be to protect, conserve, and en-
hance the unique and nationally important historic, sa-
cred, cultural, scientific, scenic, archaeological, natural, 
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and educational resources of the Shash Ja´a National 
Monument. 
SEC. 102. MAP AND LEGAL DESCRIPTION. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Secretary of the 
Interior and the Secretary of Agriculture shall submit to 
the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a map and legal description 
of the Shash Ja´a National Monument established by sec-
tion 101. 
(b) FORCE AND EFFECT.—The map and legal de-
scription submitted under this section shall have the same 
force and effect as if included in this title, except that 
the Secretary of the Interior and Secretary of Agriculture 
may make minor modifications of any clerical or typo-
graphical errors in the map or legal description provided 
these changes are first reported to the State of Utah, San 
Juan County, Utah, and the Shash Ja´a Tribal Manage-
ment Council. 
(c) PUBLIC AVAILABILITY.—A copy of the map and 
legal description shall be on file and available for public 
inspection in the appropriate field offices of the Bureau 
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of Indian Affairs, the Bureau of Land Management, and 
the Forest Service. 
SEC. 103. ADMINISTRATION OF SHASH JA´ A NATIONAL 
MONUMENT. 
(a) IN GENERAL.—In accordance with this title, the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), and other applicable laws and regu-
lations, the Shash Ja´a Tribal Management Council shall 
manage the Shash Ja´a National Monument in a manner 
that— 
(1) furthers the purpose of the Monument; 
(2) encourages cooperative and innovative man-
agement practices between resource managers, pri-
vate landowners, and the public; and 
(3) recognizes and maintains historic Tribal 
uses, including hunting, gathering, wood cutting, 
and cultural and religious uses. 
(b) MANAGEMENT PLAN.— 
(1) PLAN REQUIRED.—As soon as practicable 
after the date of the enactment of this Act, con-
sistent with the purpose of the monument, the 
Shash Ja´a Tribal Management Council shall develop 
a comprehensive plan for the long-term management 
of the Shash Ja´a National Monument. The plan may 
be updated or amended by the Shash Ja´a Tribal 
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Management Council in response to changing cir-
cumstances or as determined by the Shash Ja´a Trib-
al Management Council. 
(2) CONSULTATION.—In developing the man-
agement plan, the Shash Ja´a Tribal Management 
Council shall consult with appropriate State and 
local entities, the Bears Ears Commission, affected 
Indian Tribes, and the public. In particular, the 
Shash Ja´a Tribal Management Council shall solicit 
information and proposals as needed to integrate 
Native American traditional and historical knowl-
edge and special expertise into the management plan 
of the Shash Ja´a National Monument. Such infor-
mation and proposals may include— 
(A) protections for and use of sacred sites; 
(B) cultural and educational programming; 
(C) identification of plants, animals, and 
special resources; 
(D) identification of traditional uses, such 
as gathering firewood; and 
(E) historical and archaeological resources. 
(3) REJECTION OF RECOMMENDATIONS.—If the 
Shash Ja´a Tribal Management Council does not in-
corporate written recommendations submitted by 
State or local entities, the Bears Ears Commission, 
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or affected Indian Tribes into the management plan, 
the Shash Ja´a Tribal Management Council shall 
submit a written explanation, not less than 30 days 
before the effective date of the management plan, to 
the Committee on Natural Resources of the House 
of Representatives, the Committee on Energy and 
Natural Resources of the Senate, and the Committee 
on Agriculture, Nutrition, and Forestry of the Sen-
ate outlining the reasons for rejecting the rec-
ommendations. 
(4) RELATIONSHIP WITH BEARS EARS COMMIS-
SION.—In addition to the consultation under para-
graph (2), the Shash Ja´a Tribal Management Coun-
cil shall— 
(A) carefully and fully consider integrating 
the traditional and historical knowledge and 
special expertise of the Bears Ears Commission 
into the management plan of the Shash Ja´a 
National Monument; and 
(B) not less than 45 days before the effec-
tive date of the management plan for the Shash 
Ja´a National Monument, provide the Bears 
Ears Commission with a written explanation re-
garding any written recommendations from the 
Bears Ears Commission that are not integrated 
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into the management plan for the Shash Ja´a 
National Monument. 
(5) ELEMENTS INCLUDED.—The management 
plan developed under this subsection shall— 
(A) allow only those uses of the Shash Ja´a 
National Monument that are determined by the 
Council to be consistent with the purpose of the 
Monument; 
(B) be consistent with the Native Amer-
ican Graves Protection and Repatriation Act 
(25 U.S.C. 3001 et seq.), the American Indian 
Religious Freedom Act (42 U.S.C. 1996 et 
seq.), Executive Order 13007, division A of sub-
title III of title 54, United States Code (for-
merly the National Historic Preservation Act), 
and the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470aa et seq.) to pro-
tect and preserve and minimize disturbance to 
covered sites and properties, including human 
remains; 
(C) integrate Native knowledge (as defined 
in section 219.19 of title 36, Code of Federal 
Regulations) to improve social, economic, and 
ecological sustainability in accordance with For-
est Service regulations set forth in section 219 
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of title 36, Code of Federal Regulations, or suc-
cessor regulations; 
(D) allow for the continued use and access 
(including by motorized vehicle) of the Shash 
Ja´a National Monument— 
(i) for traditional and cultural cere-
monies; 
(ii) as a source of traditional plants 
and other materials for subsistence and 
other uses in accordance with Federal law; 
and 
(iii) for any other activities deemed 
appropriate, in consultation with the Shash 
Ja´a Archaeological Resources Protection 
Unit; 
(E) allow grazing where grazing was estab-
lished before the date of the enactment of this 
Act— 
(i) subject to such reasonable regula-
tions, policies, and practices as the Shash 
Ja´a Tribal Management Council deems 
necessary; 
(ii) subject to all applicable laws; and 
(iii) with adjustments only allowed in 
the numbers of livestock allowed as a re-
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sult of revisions in the normal grazing and 
land management planning and policy set-
ting process; 
(F) allow commercial recreation activities 
within the Shash Ja´a National Monument in 
accordance with this title and all other applica-
ble laws and regulations; and 
(G) allow wildland fire operations in the 
Shash Ja´a National Monument consistent with 
the purpose of the Shash Ja´a National Monu-
ment. 
(c) DONATIONS.—The Shash Ja´a Tribal Manage-
ment Council may accept, hold, administer, and use gifts, 
bequests, donations of funds or real property within the 
boundaries of the Shash Ja´a National Monument, and de-
vices (including labor and services) to further the purposes 
of the Shash Ja´a National Monument and to administer 
the Monument. Donations accepted under this subsection 
shall be considered as a gift or bequest to or for the use 
of the United States. 
SEC. 104. GENERAL PROVISIONS. 
(a) WITHDRAWALS.—Subject to valid existing rights, 
all Federal land and interests in land that is acquired by 
the United States within the Shash Ja´a National Monu-
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ment after the date of the enactment of this Act, is with-
drawn from— 
(1) all forms of entry, appropriation or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(b) LAND ACQUISITION.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior or the Secretary of Agriculture, as appropriate, 
may acquire lands or interest in lands within the ex-
terior boundaries of the Shash Ja´a National Monu-
ment by donation, purchase with donated or appro-
priated funds, exchange, or transfer from a Federal 
agency only with the concurrence of the Shash Ja´a 
Tribal Management Council. 
(2) NO
EMINENT
DOMAIN
OR
CONDEMNA-
TION.—The Secretary of the Interior and the Sec-
retary of Agriculture may not use eminent domain 
or condemnation to acquire land or interest in land 
within the exterior boundary of the Shash Ja´a Na-
tional Monument. 
(3) INCORPORATION
IN
NATIONAL
MONU-
MENT.—Any land or interest in land located inside 
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(5) authorizes or imposes any new reserved 
Federal water rights; or 
(6) relinquishes or reduces any water rights re-
served or appropriated by the United States in the 
State of Utah on or before the date of the enactment 
of this Act. 
(e) FISH AND WILDLIFE.—Nothing in this title af-
fects the jurisdiction of the State of Utah with respect 
to the management of fish and wildlife in the State. 
(f) EMERGENCY RESPONSE.—Nothing in this title al-
ters the authority or responsibility of any party with re-
spect to emergency response activities within the Shash 
Ja´a National Monument, including wildfire response. 
(g) OVERFLIGHTS.—Nothing in this title shall pre-
clude overflights of military aircraft, the designation of 
special-use airspace, or the use or establishment of mili-
tary flight training routes over the Shash Ja´a National 
Monument. 
(h) TRIBAL RIGHTS.—Nothing in this title affects the 
rights of any federally recognized Indian Tribe or any 
treaty right. 
SEC. 105. SHASH JA´ A TRIBAL MANAGEMENT COUNCIL. 
(a) DUTIES.—The Shash Ja´a Tribal Management 
Council shall— 
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(1) develop and implement the comprehensive 
management plan required by section 103; and 
(2) regularly and meaningfully engage with the 
Bears Ears Commission regarding the management 
of the Shash Ja´a National Monument. 
(b) MEMBERSHIP.—The Shash Ja´a Tribal Manage-
ment Council shall be composed of the following members 
appointed not later than 180 days after the date of the 
enactment of this Act by the President: 
(1) One individual from the Department of the 
Interior or the Department of Agriculture. 
(2) Six individuals, in consultation with the 
Congressional delegation from the State of Utah, 
who shall represent the following: 
(A) Three who are members of the Navajo 
Nation, one of whom must represent the Aneth 
Chapter of the Navajo Nation. 
(B) One who is a member of the White 
Mesa Utes of the Ute Mountain Ute Tribe. 
(C) Two who are members of the San 
Juan County, Utah, Board of Commissioners. 
(c) QUALIFICATIONS.—Of the representatives ap-
pointed by the President under subsection (b)(2)— 
(1) none shall be employees of the Federal Gov-
ernment; 
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(2) all shall be residents of the State of Utah. 
(d) TERMS.—The President shall appoint the mem-
bers of the Shash Ja´a Tribal Management Council under 
subsection (b)(2) for a term of five years, except that the 
President shall designate staggered terms for the members 
initially appointed to the Shash Ja´a Tribal Management 
Council. The President may not reappoint a member to 
more than three consecutive terms. 
(e) VACANCIES.—The President shall fill Presi-
dentially appointed vacancies on the Shash Ja´a Tribal 
Management Council as soon as practicable after the va-
cancy has occurred. 
(f) COMPENSATION.—Non-Federal members of the 
Shash Ja´a Tribal Management Council shall serve without 
pay, except for reasonable travel expenses, including per 
diem in lieu of subsistence, at the rate authorized for em-
ployees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes 
or regular places of business in the performance of duties 
for the Council. 
(g) CHAIR.—The members of the Shash Ja´a Tribal 
Management Council shall select the chair of the Shash 
Ja´a Tribal Management Council from one of the Presi-
dentially appointed representatives under subsection 
(b)(2) for a term beginning on the date of selection, and 
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ending in five years or until the member’s term of office 
expires, whichever occurs first. 
(h) ANNUAL SHASH JA´A TRIBAL MANAGEMENT 
COUNCIL REPORT.— 
(1) PUBLIC REPORT PUBLICATION.—Not later 
than September 30 of each year, the Shash Ja´a 
Tribal Management Council shall post a public re-
port on the Forest Service, Bureau of Land Manage-
ment, and any Shash Ja´a National Monument-affili-
ated websites maintained by the Shash Ja´a Tribal 
Management Council. If the Shash Ja´a Tribal Man-
agement Council cannot meet the September 30 
deadline in any year, on September 30 the Chair of 
the Shash Ja´a Tribal Management Council shall 
publicly post on the websites the reasons for such 
delay and the date on which the submission of the 
report is anticipated. 
(2) CONTENTS.—The report required by para-
graph (1) shall include— 
(A) a description of the actions of the 
Shash Ja´a Tribal Management Council to de-
velop or implement the management plan for 
the Shash Ja´a National Monument; 
(B) the recommendations made by the 
State, local entities, the Bears Ears Commis-
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sion, the Shash Ja´a Archaeological Resources 
Protection Unit, affected Indian Tribes, and the 
public to the Shash Ja´a Tribal Management 
Council during the preceding year and actions 
taken by the Shash Ja´a Tribal Management 
Council as a result of the recommendations; 
and 
(C) an accounting of the expenses of the 
Shash Ja´a Tribal Management Council. 
(i) STAFF ASSISTANCE.—The Shash Ja´a Tribal Man-
agement Council may request administrative staff assist-
ance from Federal employees under the jurisdiction of the 
Secretary of the Interior or the Secretary of Agriculture. 
(j) MEETINGS.— 
(1) FREQUENCY.—The Shash Ja´a Tribal Man-
agement Council shall meet at the call of the Chair 
or a majority of the members. Meetings shall be held 
no less than once each calendar year. A majority 
must be present to constitute a quorum to con-
ducting an official meeting of the Shash Ja´a Tribal 
Management Council. 
(2) ANNOUNCEMENT; OPEN
MEETINGS.—All 
meetings of the Shash Ja´a Tribal Management 
Council shall be announced not less than one week 
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in advance in publications of general circulation and 
shall be open to the public. 
SEC. 106. BEARS EARS COMMISSION. 
(a) ESTABLISHMENT.—There is established a Bears 
Ears Commission with the same membership, responsibil-
ities, and duties as that established under Presidential 
Proclamation 9558, dated December 28, 2016. 
(b) DUTIES.—In addition to the duties described in 
subsection (a), the Bears Ears Commission shall provide 
guidance and recommendations to the Shash Ja´a Tribal 
Management Council and the Shash Ja´a Archaeological 
Resources Protection Unit regarding the development and 
implementation of the management plan required under 
section 103(b). 
SEC. 107. ARCHAEOLOGICAL RESOURCES PROTECTION. 
(a) SHASH JA´A ARCHAEOLOGICAL RESOURCES PRO-
TECTION UNIT.— 
(1) ESTABLISHMENT.—The Shash Ja´a Tribal 
Management Council shall establish and maintain a 
Shash Ja´a Archaeological Resources Protection Unit 
to provide technical and other specific assistance to 
help protect, conserve, and enhance the unique and 
nationally important historic, sacred, cultural, sci-
entific, scenic, archaeological, natural, and edu-
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cational resources in the Shash Ja´a National Monu-
ment. 
(2) MEMBERSHIP.—Not later than 210 days 
after the date of the enactment of this Act, the 
Shash Ja´a Tribal Management Council shall appoint 
9 individuals to the Shash Ja´a Archaeological Re-
sources Protection Unit as follows: 
(A) Five individuals with expertise in pre-
serving Tribal relics, artifacts, or other sacred 
Tribal sites and objects. 
(B) One individual with expertise in the 
preservation of archaeological resources in fed-
erally protected areas. 
(C) One individual with expertise in pro-
tecting scenic and natural resources. 
(D) One individual representing a scientific 
or educational institution in the State of Utah. 
(E) One individual with historic preserva-
tion expertise in the State of Utah. 
(3) DUTIES.—The Shash Ja´a Archaeological 
Resources Protection Unit shall— 
(A) advise the Shash Ja´a Tribal Manage-
ment Council on ways to protect, conserve, and 
enhance the unique and nationally important 
historic, sacred, cultural, scientific, scenic, ar-
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chaeological, natural, and educational resources 
in the Shash Ja´a National Monument; 
(B) recommend educational materials and 
signage informing visitors of the unique and na-
tionally important historic, sacred, cultural, sci-
entific, scenic, archaeological, natural, and edu-
cational resources in the Shash Ja´a National 
Monument; 
(C) recommend educational materials or 
signage to prevent the destruction, degradation, 
vandalism, or looting of sites within the Shash 
Ja´a National Monument; and 
(D) not later than 60 days after its estab-
lishment under paragraph (2), submit to the 
Shash Ja´a Tribal Management Council infor-
mation regarding— 
(i) sites located within the Shash Ja´a 
National Monument at high risk of de-
struction, 
degradation, 
vandalism, 
or 
looting; 
(ii) specific actions to eliminate, pre-
vent, or minimize destruction, degradation, 
vandalism, and looting within Shash Ja´a 
National Monument; and 
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(iii) suggestions for additional admin-
istrative or other actions to help eliminate, 
prevent, or minimize destruction, degrada-
tion, vandalism, or looting within Shash 
Ja´a National Monument. 
(4) TERMS.— 
(A) IN GENERAL.—Members of the Shash 
Ja´a Archaeological Resources Protection Unit 
shall serve a term of 5 years beginning on the 
date of appointment, except that the Shash Ja´a 
Tribal Management Council shall designate 
staggered terms for the members initially ap-
pointed to Shash Ja´a Archaeological Resources 
Protection Unit. 
(B) VACANCIES.—The Shash Ja´a Tribal 
Management Council shall make appointments 
to fill vacancies on the Shash Ja´a Archae-
ological Resources Protection Unit as soon as 
practicable after the vacancy has occurred. 
(C) COMPENSATION.—Members of the 
Shash Ja´a Archaeological Resources Protection 
Unit shall serve without pay, except for reason-
able travel expenses, including per diem in lieu 
of subsistence, at the rate authorized for em-
ployees of agencies under subchapter I of chap-
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ter 57 of title 5, United States Code, while 
away from their homes or regular places of 
business in the performance of duties for the 
Unit. 
(D) STAFF ASSISTANCE.—The Shash Ja´a 
Archaeological Resources Protection Unit may 
request administrative staff assistance from 
Federal employees under the jurisdiction of the 
Secretary of the Interior or the Secretary of 
Agriculture or State employees under the juris-
diction of the State of Utah. 
(E) MEETINGS.—The Shash Ja´a Archae-
ological Resources Protection Unit shall meet at 
the call of the Shash Ja´a Tribal Management 
Council or a majority of its members. Meetings 
shall be held not less than once per calendar 
year. A majority must be present to constitute 
a quorum for the purpose of conducting an offi-
cial meeting of the Shash Ja´a Archaeological 
Resources Protection Unit. 
SEC. 108. ENHANCED RESOURCE PROTECTION CAPABILI-
TIES IN THE SHASH JA´ A NATIONAL MONU-
MENT. 
(a) ENHANCED ENFORCEMENT CAPABILITY.— 
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(1) ENFORCEMENT.—The Secretary of the In-
terior and the Secretary of Agriculture shall assign 
not less than 10 law enforcement personnel to pro-
tect the unique and nationally important historic, sa-
cred, cultural, scientific, scenic, archaeological, nat-
ural, and educational resources of Shash Ja´a Na-
tional Monument and its surrounding area, con-
sistent with the management plan developed under 
section 103(b). 
(2) PLAN COMPLIANCE.—The Secretary of the 
Interior and the Secretary of Agriculture shall each 
ensure the law enforcement personnel perform the 
duties under paragraph (1) consistent with the man-
agement plan developed under section 103(b). 
(b) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary of the Interior and the Secretary of Agriculture 
shall each enter into memoranda of understanding or co-
operative agreements with local, State, or Tribal law en-
forcement entities to perform the duties described in sub-
section (a)(1). 
SEC. 109. SCIENTIFIC RESEARCH TO FURTHER PURPOSE 
OF SHASH JA´ A NATIONAL MONUMENT. 
The Secretary of the Interior and the Secretary of 
Agriculture may enter into memoranda of understanding 
or cooperative agreements with educational institutions or 
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other entities with expertise in archaeological, historical, 
or natural science fields to conduct scientific research in 
the Shash Ja´a National Monument to aid in the develop-
ment or implementation of the management plan required 
in section 103(b). 
SEC. 110. FEDERAL LAND MANAGER ADHERENCE. 
Federal land managers employed by the Bureau of 
Land Management or the Forest Service and working in 
the Shash Ja´a National Monument shall adhere to the 
management plan created by the Shash Ja´a Tribal Man-
agement Council under section 103(b). 
TITLE II—INDIAN CREEK 
NATIONAL MONUMENT 
SEC. 201. ESTABLISHMENT AND PURPOSE. 
(a) ESTABLISHMENT.—Subject to valid existing 
rights, the Federal land comprising approximately 86,447 
acres, identified as ‘‘Indian Creek Unit’’ and generally de-
picted on the map entitled ‘‘Bears Ears National Monu-
ment Boundary Modification’’ is hereby established as the 
‘‘Indian Creek National Monument’’. 
(b) PURPOSE.—The purpose of the Indian Creek Na-
tional Monument shall be to protect, conserve, and en-
hance the unique and nationally important recreational, 
historic, sacred, cultural, scientific, scenic, archaeological, 
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natural, and educational resources of the Indian Creek 
National Monument. 
SEC. 202. MAP AND LEGAL DESCRIPTION. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Secretary of the 
Interior and the Secretary of Agriculture shall submit to 
the Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Natural 
Resources and the Committee on Agriculture, Nutrition, 
and Forestry of the Senate a map and legal description 
of the Indian Creek National Monument established by 
section 201. 
(b) FORCE AND EFFECT.—The map and legal de-
scription submitted under this section shall have the same 
force and effect as if included in this title, except that 
the Secretary of the Interior and Secretary of Agriculture 
may make minor modifications of any clerical or typo-
graphical errors in the map or legal description provided 
these changes are first reported to the State of Utah, San 
Juan County, Utah, and the Indian Creek Management 
Council. 
(c) PUBLIC AVAILABILITY.—A copy of the map and 
legal description shall be on file and available for public 
inspection in the appropriate field offices of the Bureau 
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of Indian Affairs, the Bureau of Land Management, and 
the Forest Service. 
SEC. 203. ADMINISTRATION OF INDIAN CREEK NATIONAL 
MONUMENT. 
(a) IN GENERAL.—In accordance with this title, the 
Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.), and other applicable laws and regu-
lations, the Indian Creek Management Council shall man-
age the Indian Creek National Monument in a manner 
that— 
(1) furthers the purpose of the Monument; 
(2) encourages cooperative and innovative man-
agement practices between resource managers, pri-
vate landowners, and the public; and 
(3) recognizes and maintains historic uses, in-
cluding recreation, hunting, gathering, wood cutting, 
and cultural and religious uses. 
(b) MANAGEMENT PLAN.— 
(1) PLAN REQUIRED.—As soon as practicable 
after the date of the enactment of this Act, con-
sistent with the purpose of the monument, the In-
dian Creek Management Council shall develop a 
comprehensive plan for the long-term management 
of the Indian Creek National Monument. The plan 
may be updated or amended by the Indian Creek 
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Management Council in response to changing cir-
cumstances or as determined by the Indian Creek 
Management Council. 
(2) CONSULTATION.—In developing the man-
agement plan, the Indian Creek Management Coun-
cil shall consult with appropriate State and local en-
tities, the Bears Ears Commission, affected Indian 
Tribes, and the public. In particular, the Indian 
Creek Management Council shall solicit information 
and proposals as needed to integrate Native Amer-
ican traditional and historical knowledge and special 
expertise into the management plan of the Indian 
Creek National Monument. Such information and 
proposals may include— 
(A) protections for and use of sacred sites; 
(B) cultural and educational programming; 
(C) identification of plants, animals, and 
special resources; 
(D) identification of traditional uses, such 
as gathering firewood; and 
(E) historical and archaeological resources. 
(3) REJECTION OF RECOMMENDATIONS.—If the 
Indian Creek Management Council does not incor-
porate written recommendations submitted by State 
or local entities, the Bears Ears Commission, or af-
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fected Indian Tribes into the management plan, the 
Indian Creek Management Council shall submit a 
written explanation, not less than 30 days before the 
effective date of the management plan, to the Com-
mittee on Natural Resources of the House of Rep-
resentatives, the Committee on Energy and Natural 
Resources of the Senate, and the Committee on Ag-
riculture, Nutrition, and Forestry of the Senate out-
lining the reasons for rejecting the recommenda-
tions. 
(4) RELATIONSHIP WITH BEARS EARS COMMIS-
SION.—In addition to the consultation under para-
graph (2), the Indian Creek Management Council 
shall— 
(A) carefully and fully consider integrating 
the traditional and historical knowledge and 
special expertise of the Bears Ears Commission 
into the management plan of the Indian Creek 
National Monument; and 
(B) not less than 45 days before the effec-
tive date of the management plan for the In-
dian Creek National Monument, provide the 
Bears Ears Commission with a written expla-
nation regarding any written recommendations 
from the Bears Ears Commission that are not 
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integrated into the management plan for the 
Indian Creek National Monument. 
(5) ELEMENTS INCLUDED.—The management 
plan developed under this subsection shall— 
(A) allow only those uses of the Indian 
Creek National Monument that are determined 
by the Council to be consistent with the purpose 
of the Monument; 
(B) be consistent with the Native Amer-
ican Graves Protection and Repatriation Act 
(25 U.S.C. 3001 et seq.), the American Indian 
Religious Freedom Act (42 U.S.C. 1996 et 
seq.), Executive Order 13007, division A of sub-
title III of title 54, United States Code (for-
merly the National Historic Preservation Act), 
and the Archaeological Resources Protection 
Act of 1979 (16 U.S.C. 470aa et seq.) to pro-
tect and preserve and minimize disturbance to 
covered sites and properties, including human 
remains; 
(C) integrate Native knowledge (as defined 
in section 219.19 of title 36, Code of Federal 
Regulations) to improve social, economic, and 
ecological sustainability in accordance with For-
est Service regulations set forth in section 219 
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of title 36, Code of Federal Regulations, or suc-
cessor regulations; 
(D) allow for the continued use and access 
(including by motorized vehicle) of the Indian 
Creek National Monument— 
(i) for traditional and cultural cere-
monies; 
(ii) as a source of traditional plants 
and other materials for subsistence and 
other uses in accordance with Federal law; 
(iii) for recreational access; and 
(iv) for any other activities deemed 
appropriate, in consultation with the In-
dian Creek Archaeological Resources Pro-
tection Unit; 
(E) allow grazing where grazing was estab-
lished before the date of the enactment of this 
Act— 
(i) subject to such reasonable regula-
tions, policies, and practices as the Indian 
Creek Management Council deems nec-
essary; 
(ii) subject to all applicable laws; and 
(iii) with adjustments only allowed in 
the numbers of livestock allowed as a re-
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sult of revisions in the normal grazing and 
land management planning and policy set-
ting process; 
(F) allow commercial recreation activities 
within the Indian Creek National Monument in 
accordance with this title and all other applica-
ble laws and regulations; and 
(G) allow wildland fire operations in the 
Indian Creek National Monument consistent 
with the purpose of the Indian Creek National 
Monument. 
(c) DONATIONS.—The Indian Creek Management 
Council may accept, hold, administer, and use gifts, be-
quests, donations of funds or real property within the 
boundaries of the Indian Creek National Monument, and 
devices (including labor and services) to further the pur-
poses of the Indian Creek National Monument and to ad-
minister the Monument. Donations accepted under this 
subsection shall be considered as a gift or bequest to or 
for the use of the United States. 
SEC. 204. GENERAL PROVISIONS. 
(a) WITHDRAWALS.—Subject to valid existing rights, 
all Federal land and interests in land within the Indian 
Creek National Monument that is acquired by the United 
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States within the Indian Creek National Monument after 
the date of the enactment of this Act, is withdrawn from— 
(1) all forms of entry, appropriation or disposal 
under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws. 
(b) LAND ACQUISITION.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior or the Secretary of Agriculture, as appropriate, 
may acquire lands or interest in lands within the ex-
terior boundaries of the Indian Creek National 
Monument by donation, purchase with donated or 
appropriated funds, exchange, or transfer from a 
Federal agency only with the concurrence of the In-
dian Creek Management Council. 
(2) NO
EMINENT
DOMAIN
OR
CONDEMNA-
TION.—The Secretary of the Interior and the Sec-
retary of Agriculture may not use eminent domain 
or condemnation to acquire land or interest in land 
within the exterior boundary of the Indian Creek 
National Monument. 
(3) INCORPORATION
IN
NATIONAL
MONU-
MENT.—Any land or interest in land located inside 
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the exterior boundary of the Indian Creek National 
Monument that is acquired by the United States 
after the date of the enactment of this Act shall be 
added to and administered as part of the Indian 
Creek National Monument. 
(c) EXCLUSION OF NON-FEDERAL LAND.—The In-
dian Creek National Monument includes only Federal land 
and interests in Federal land and does not include private 
property or other non-Federal land and interests in land. 
The management plan developed and implemented under 
this title shall not apply to private property or non-Federal 
land or interests in land. 
(d) WATER RIGHTS.—Nothing in this title— 
(1) affects the use or allocation, in existence on 
the date of the enactment of this Act, of any water, 
water right, or interest in water; 
(2) affects any vested absolute or decreed condi-
tional water right in existence on the date of the en-
actment of this Act, including any water right held 
by the United States; 
(3) affects any claims or rights to water not yet 
asserted or finally determined; 
(4) affects any interstate water compact in ex-
istence on the date of the enactment of this Act; 
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(5) authorizes or imposes any new reserved 
Federal water rights; or 
(6) relinquishes or reduces any water rights re-
served or appropriated by the United States in the 
State of Utah on or before the date of the enactment 
of this Act. 
(e) FISH AND WILDLIFE.—Nothing in this title af-
fects the jurisdiction of the State of Utah with respect 
to the management of fish and wildlife in the State. 
(f) EMERGENCY RESPONSE.—Nothing in this title al-
ters the authority or responsibility of any party with re-
spect to emergency response activities within the Indian 
Creek National Monument, including wildfire response. 
(g) OVERFLIGHTS.—Nothing in this title shall pre-
clude overflights of military aircraft, the designation of 
special-use airspace, or the use or establishment of mili-
tary flight training routes over the Indian Creek National 
Monument. 
(h) TRIBAL RIGHTS.—Nothing in this title affects the 
rights of any federally recognized Indian Tribe or any 
treaty right. 
SEC. 205. INDIAN CREEK MANAGEMENT COUNCIL. 
(a) DUTIES.—The Indian Creek Management Coun-
cil shall— 
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(1) develop and implement the comprehensive 
management plan required by section 203; and 
(2) regularly and meaningfully engage with the 
Bears Ears Commission regarding the management 
of the Indian Creek National Monument. 
(b) MEMBERSHIP.—The Indian Creek Management 
Council shall be composed of the following members ap-
pointed not later than 180 days after the date of the en-
actment of this Act by the President: 
(1) One individual from the Department of the 
Interior or the Department of Agriculture. 
(2) Four individuals, in consultation with the 
Congressional delegation from the State of Utah, 
who shall represent the following: 
(A) Two who are members of the San 
Juan County, Utah, Board of Commissioners. 
(B) One who is a representative of the ex-
ecutive branch of the State of Utah with rel-
evant expertise in the purposes of the Indian 
Creek National Monument. 
(C) One who is a member of a federally 
recognized Indian Tribe in the State of Utah. 
(c) QUALIFICATIONS.—Of the representatives ap-
pointed by the President under subsection (b)(2)— 
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(1) none shall be employees of the Federal Gov-
ernment; 
(2) all shall be residents of the State of Utah. 
(d) TERMS.—The President shall appoint the mem-
bers of the Indian Creek Management Council under sub-
section (b)(2) for a term of five years, except that the 
President shall designate staggered terms for the members 
initially appointed to the Indian Creek Management Coun-
cil. The President may not reappoint a member to more 
than three consecutive terms. 
(e) VACANCIES.—The President shall fill Presi-
dentially appointed vacancies on the Indian Creek Man-
agement Council as soon as practicable after the vacancy 
has occurred. 
(f) COMPENSATION.—Non-Federal members of the 
Indian Creek Management Council shall serve without 
pay, except for reasonable travel expenses, including per 
diem in lieu of subsistence, at the rate authorized for em-
ployees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes 
or regular places of business in the performance of duties 
for the Council. 
(g) CHAIR.—The members of the Indian Creek Man-
agement Council shall select the chair of the Indian Creek 
Management Council from one of the Presidentially ap-
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pointed representatives under subsection (b)(2) for a term 
beginning on the date of selection, and ending in five years 
or until the member’s term of office expires, whichever oc-
curs first. 
(h) ANNUAL INDIAN CREEK MANAGEMENT COUNCIL 
REPORT.— 
(1) PUBLIC REPORT PUBLICATION.—Not later 
than September 30 of each year, the Indian Creek 
Management Council shall post a public report on 
the Forest Service, Bureau of Land Management, 
and any Indian Creek National Monument-affiliated 
websites maintained by the Indian Creek Manage-
ment Council. If the Indian Creek Management 
Council cannot meet the September 30 deadline in 
any year, on September 30 the Chair of the Indian 
Creek Management Council shall publicly post on 
the websites the reasons for such delay and the date 
on which the submission of the report is anticipated. 
(2) CONTENTS.—The report required by para-
graph (1) shall include— 
(A) a description of the actions of the In-
dian Creek Management Council to develop or 
implement the management plan for the Indian 
Creek National Monument; 
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(B) the recommendations made by the 
State, local entities, the Bears Ears Commis-
sion, the Indian Creek Archaeological Resources 
Protection Unit, affected Indian Tribes, and the 
public to the Indian Creek Management Council 
during the preceding year and actions taken by 
the Indian Creek Management Council as a re-
sult of the recommendations; and 
(C) an accounting of the expenses of the 
Indian Creek Management Council. 
(i) STAFF ASSISTANCE.—The Indian Creek Manage-
ment Council may request administrative staff assistance 
from Federal employees under the jurisdiction of the Sec-
retary of the Interior or the Secretary of Agriculture. 
(j) MEETINGS.— 
(1) FREQUENCY.—The Indian Creek Manage-
ment Council shall meet at the call of the Chair or 
a majority of the members. Meetings shall be held 
no less than once each calendar year. A majority 
must be present to constitute a quorum to con-
ducting an official meeting of the Indian Creek Man-
agement Council. 
(2) ANNOUNCEMENT; OPEN
MEETINGS.—All 
meetings of the Indian Creek Management Council 
shall be announced not less than one week in ad-
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vance in publications of general circulation and shall 
be open to the public. 
SEC. 206. BEARS EARS COMMISSION. 
In addition to its duties under title I, the Bears Ears 
Commission established under section 106 shall advise the 
Indian Creek Management Council as provided in this 
title. 
SEC. 207. ARCHAEOLOGICAL RESOURCES PROTECTION. 
(a) INDIAN CREEK ARCHAEOLOGICAL RESOURCES 
PROTECTION UNIT.— 
(1) ESTABLISHMENT.—The Indian Creek Man-
agement Council shall establish and maintain a In-
dian Creek Archaeological Resources Protection Unit 
(which may be the same Unit as authorized under 
section 107) to provide technical and other specific 
assistance to help protect, conserve, and enhance the 
unique and nationally important historic, sacred, 
cultural, scientific, scenic, archaeological, natural, 
and educational resources in the Indian Creek Na-
tional Monument. 
(2) MEMBERSHIP.—Not later than 210 days 
after the date of the enactment of this Act, the In-
dian Creek Management Council shall appoint 9 in-
dividuals to the Indian Creek Archaeological Re-
sources Protection Unit as follows: 
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(A) Five individuals with expertise in pre-
serving Tribal relics, artifacts, or other sacred 
Tribal sites and objects. 
(B) One individual with expertise in the 
preservation of archaeological resources in fed-
erally protected areas. 
(C) One individual with expertise in pro-
tecting scenic and natural resources. 
(D) One individual representing a scientific 
or educational institution in the State of Utah. 
(E) One individual with historic preserva-
tion expertise in the State of Utah. 
(3) DUTIES.—The Indian Creek Archaeological 
Resources Protection Unit shall— 
(A) advise the Indian Creek Management 
Council on ways to protect, conserve, and en-
hance the unique and nationally important rec-
reational, historic, sacred, cultural, scientific, 
scenic, archaeological, natural, and educational 
resources in the Indian Creek National Monu-
ment; 
(B) recommend educational materials and 
signage informing visitors of the unique and na-
tionally important recreational, historic, sacred, 
cultural, scientific, scenic, archaeological, nat-
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ural, and educational resources in the Indian 
Creek National Monument; 
(C) recommend educational materials or 
signage to prevent the destruction, degradation, 
vandalism, or looting of sites within the Indian 
Creek National Monument; and 
(D) not later than 60 days after its estab-
lishment under paragraph (2), submit to the In-
dian Creek Management Council information 
regarding— 
(i) sites located within the Indian 
Creek National Monument at high risk of 
destruction, degradation, vandalism, or 
looting; 
(ii) specific actions to eliminate, pre-
vent, or minimize destruction, degradation, 
vandalism, and looting within Indian Creek 
National Monument; and 
(iii) suggestions for additional admin-
istrative or other actions to help eliminate, 
prevent, or minimize destruction, degrada-
tion, vandalism, or looting within Indian 
Creek National Monument. 
(4) TERMS.— 
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(A) IN GENERAL.—Members of the Indian 
Creek Archaeological Resources Protection Unit 
shall serve a term of 5 years beginning on the 
date of appointment, except that the Indian 
Creek Management Council shall designate 
staggered terms for the members initially ap-
pointed to Indian Creek Archaeological Re-
sources Protection Unit. 
(B) VACANCIES.—The Indian Creek Man-
agement Council shall make appointments to fill 
vacancies on the Indian Creek Archaeological 
Resources Protection Unit as soon as prac-
ticable after the vacancy has occurred. 
(C) COMPENSATION.—Members of the In-
dian Creek Archaeological Resources Protection 
Unit shall serve without pay, except for reason-
able travel expenses, including per diem in lieu 
of subsistence, at the rate authorized for em-
ployees of agencies under subchapter I of chap-
ter 57 of title 5, United States Code, while 
away from their homes or regular places of 
business in the performance of duties for the 
Unit. 
(D) 
STAFF
ASSISTANCE.—The 
Indian 
Creek Archaeological Resources Protection Unit 
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may request administrative staff assistance 
from Federal employees under the jurisdiction 
of the Secretary of the Interior or the Secretary 
of Agriculture or State employees under the ju-
risdiction of the State of Utah. 
(E) MEETINGS.—The Indian Creek Ar-
chaeological Resources Protection Unit shall 
meet at the call of the Indian Creek Manage-
ment Council or a majority of its members. 
Meetings shall be held not less than once per 
calendar year. A majority must be present to 
constitute a quorum for the purpose of con-
ducting an official meeting of the Indian Creek 
Archaeological Resources Protection Unit. 
SEC. 208. ENHANCED RESOURCE PROTECTION CAPABILI-
TIES IN THE INDIAN CREEK NATIONAL MONU-
MENT. 
(a) ENHANCED ENFORCEMENT CAPABILITY.— 
(1) ENFORCEMENT.—The Secretary of the In-
terior and the Secretary of Agriculture shall assign 
not less than 10 law enforcement personnel to pro-
tect the unique and nationally important rec-
reational, historic, sacred, cultural, scientific, scenic, 
archaeological, natural, and educational resources of 
Indian Creek National Monument and its sur-
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rounding area, consistent with the management plan 
developed under section 203(b). 
(2) PLAN COMPLIANCE.—The Secretary of the 
Interior and the Secretary of Agriculture shall each 
ensure the law enforcement personnel perform the 
duties under paragraph (1) consistent with the man-
agement plan developed under section 203(b). 
(b) MEMORANDA
OF UNDERSTANDING.—The Sec-
retary of the Interior and the Secretary of Agriculture 
shall each enter into memoranda of understanding or co-
operative agreements with local or State law enforcement 
entities to perform the duties described in subsection 
(a)(1). 
SEC. 209. SCIENTIFIC RESEARCH TO FURTHER PURPOSE 
OF INDIAN CREEK NATIONAL MONUMENT. 
The Secretary of the Interior and the Secretary of 
Agriculture may enter into memoranda of understanding 
or cooperative agreements with educational institutions or 
other entities with expertise in archaeological, historical, 
or natural science fields to conduct scientific research in 
the Indian Creek National Monument to aid in the devel-
opment or implementation of the management plan re-
quired in section 203(b). 
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SEC. 210. FEDERAL LAND MANAGER ADHERENCE. 
Federal land managers employed by the Bureau of 
Land Management or the Forest Service and working in 
the Indian Creek National Monument shall adhere to the 
management plan created by the Indian Creek Manage-
ment Council under section 203(b). 
TITLE 
III—UTAH 
PUBLIC 
SCHOOL TRUST LAND CER-
TAINTY 
SEC. 301. DEFINITIONS. 
In this title: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the lands identified on the Map as ‘‘Federal 
Land Proposed to Transfer to SITLA’’ administered 
by the Bureau of Land Management. 
(2) MAP.—The term ‘‘Map’’ means the map 
prepared by the Bureau of Land Management enti-
tled ‘‘State and Federal Land Exchange Map’’ dated 
lllll. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the lands identified on the Map as 
‘‘State Trust Land Proposed for Transfer to United 
States’’ in San Juan County, Utah, as generally de-
picted on the Map. 
(4) PERMITTED
EXISTING
USES.—The term 
‘‘permitted existing uses’’ means any use authorized 
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under the applicable Bureau of Land Management 
Resource Management Plan. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means the State 
of Utah, acting as trustee under the Utah State 
School and Institutional Trust Lands Management 
Act (Utah Code Ann. 53C–1–101 et seq.) through 
the Utah School and Institutional Trust Lands Ad-
ministration. 
SEC. 302. EXCHANGE OF LAND TO BENEFIT THE UTAH PUB-
LIC SCHOOL TRUST. 
(a) IN GENERAL.—If the State offers to convey to 
the Secretary all right, title, and interest of the State in 
and to all or part of the non-Federal land, the Secretary 
shall— 
(1) accept the offer; and 
(2) on receipt of all right, title, and interest in 
and to the non-Federal land, convey to the State (or 
a designee) all right, title, and interest of the United 
States in and to all or part of the Federal land on 
an equal value basis. 
(b) APPLICABLE LAW.— 
(1) IN GENERAL.—The land exchange shall be 
subject to section 206 of the Federal Land Policy 
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and Management Act of 1976 (43 U.S.C. 1716) and 
other applicable law. 
(2) LAND USE PLANNING.—The Secretary shall 
not be required to undertake any additional land use 
planning under section 202 of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 1712) 
before the conveyance of the Federal land under this 
title. 
(c) JOINT SELECTION REQUIRED.—The Secretary 
and State shall jointly select which parcels of Federal land 
to exchange under subsection (a). 
(d) VALID EXISTING RIGHTS.—The exchange au-
thorized under subsection (a) shall be subject to valid ex-
isting rights and permitted existing uses. 
(e) TITLE APPROVAL.—Title to the Federal land and 
non-Federal land to be exchanged under this title shall 
be in a format acceptable to the Secretary and the State. 
(f) CONSULTATION WITH TRIBES.—The Secretary 
shall consult with any federally recognized Indian Tribe 
in the vicinity of the Federal land and the non-Federal 
land to be exchanged under this title before the completion 
of the land exchange. 
(g) MAP AND LEGAL DESCRIPTIONS.—As soon as 
practicable after the date of the enactment of this Act, 
the Secretary shall finalize a map and legal descriptions 
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of all land to be conveyed under this Act. The Secretary 
may correct any minor errors in the map or in the legal 
descriptions. The map and legal descriptions shall be on 
file and available for public inspection in appropriate field 
offices of the Bureau of Land Management. 
(h) COSTS OF CONVEYANCE.—Except as provided in 
section 303(a)(5), as a condition of conveyance, any costs 
related to the exchanges shall be allocated in accordance 
with section 206(f)(2)(B) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1716(f)(2)(B)). 
(i) ADMINISTRATION.—Subject to valid existing 
rights and permitted existing uses, at the completion of 
each exchange of Federal land and non-Federal land 
under this title the non-Federal land shall be— 
(1) added to the Shash Ja´a National Monument 
or the Indian Creek National Monument, as appro-
priate, if located within the exterior boundary of the 
Shash Ja´a National Monument or the Indian Creek 
National Monument; and 
(2) administered in accordance with— 
(A) this Act; 
(B) the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.); and 
(C) other applicable laws and regulations. 
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(j) DEADLINE.—The land exchange under this title 
shall be completed as expeditiously as possible. 
SEC. 303. EQUAL VALUE LAND EXCHANGES AND APPRAIS-
ALS. 
(a) APPRAISALS.— 
(1) IN GENERAL.—The values of the lands to 
be exchanged under this title shall be determined by 
appraisals conducted by one or more independent 
and qualified appraisers. 
(2) STATE APPRAISER.—The Secretary and the 
State may agree to use an independent and qualified 
appraiser retained by the State, with the consent of 
the Secretary. 
(3) APPLICABLE LAW.—The appraisals shall be 
conducted in accordance with nationally recognized 
appraisal standards, including, as appropriate, the 
Uniform Appraisal Standards for Federal Land Ac-
quisitions and the Uniform Standards of Profes-
sional Appraisal Practice. 
(4) APPROVAL.—An appraisal conducted under 
this title shall be submitted to the Secretary and the 
State for approval. 
(5) COST OF APPRAISAL.—The cost of an ap-
praisal conducted under this title shall be paid in 
equal shares by the Secretary and the State. If the 
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State retains an appraiser under paragraph (2), the 
Secretary shall reimburse the State 50 percent of 
the costs incurred by the State. 
(6) MINERALS.— 
(A) MINERAL
REPORTS.—The appraisals 
required under paragraph (1) may take into ac-
count mineral and technical reports provided by 
the Secretary and the State in the evaluation of 
minerals in the Federal land and non-Federal 
land. 
(B) MINING CLAIMS.—Federal land that is 
encumbered by a mining or millsite claim lo-
cated under sections 2318 through 2352 of the 
Revised Statues (commonly known as the ‘‘Min-
ing Law of 1872’’; 30 U.S.C. 21 et seq.) shall 
be appraised in accordance with standard ap-
praisal practices, including, as appropriate, the 
Uniform Appraisal Standards for Federal Land 
Acquisition. 
(7) DURATION.—An appraisal conducted under 
paragraph (1) shall remain valid for 3 years after 
the date on which the appraisal is approved by the 
Secretary and the State. 
(b) EQUALIZATION.— 
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(1) SURPLUS OF FEDERAL LAND.—If the final 
appraised value of the Federal land exceeds the final 
appraised value of the non-Federal land to be ex-
changed under this title, the value of the Federal 
land and non-Federal land shall be equalized— 
(A) by conveying additional non-Federal 
land in the State to the Secretary, subject to 
the approval of the Secretary; or 
(B) by using a combination of the methods 
described in paragraphs (2) and (3). 
(2) SURPLUS OF NON-FEDERAL LAND.—If the 
final appraised value of the non-Federal land ex-
ceeds the final appraised value of the Federal land 
to be exchanged under this title, the value of the 
Federal land and non-Federal land shall be equal-
ized by the State adjusting the acreage of the non- 
Federal land to be conveyed 
(3) AMOUNT
OF
PAYMENT.—Notwithstanding 
section 206(b) of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1716(b)), the Sec-
retary may accept a payment under paragraph (1) 
in excess of 25 percent of the value of the Federal 
land conveyed. 
Æ 
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