H. R. 1275 
One Hundred Eleventh Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the sixth day of January, two thousand and nine 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Utah Recreational Land Exchange 
Act of 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) FEDERAL LAND.—The term ‘‘Federal land’’ means the 
land located in Grand, San Juan, and Uintah Counties, Utah, 
that is identified on the maps as— 
(A) ‘‘BLM Subsurface only Proposed for Transfer to 
State Trust Lands’’; 
(B) ‘‘BLM Surface only Proposed for Transfer to State 
Trust Lands’’; and 
(C) ‘‘BLM Lands Proposed for Transfer to State Trust 
Lands’’. 
(2) GRAND COUNTY MAP.—The term ‘‘Grand County Map’’ 
means the map prepared by the Bureau of Land Management 
entitled ‘‘Utah Recreational Land Exchange Act Grand County’’, 
dated May 14, 2009, and relating to the exchange of Federal 
land and non-Federal land in Grand and San Juan Counties, 
Utah. 
(3) MAPS.—The term ‘‘maps’’ means the Grand County 
Map and the Uintah County Map. 
(4) NON-FEDERAL
LAND.—The term ‘‘non-Federal land’’ 
means the land in Grand, San Juan, and 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 Bureau of Land Management 
entitled ‘‘Utah Recreational Land Exchange Act Uintah
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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 Secretary shall— 
(1) accept the offer; and 
(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 section— 
(A) section 206 of the Federal Land Policy and Manage-
ment 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 accept-
able to the Secretary and the State. 
(d) APPRAISALS.— 
(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 conducted 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 Secretary and the State for 
approval. 
(4) ADJUSTMENT.— 
(A) IN GENERAL.—If value is attributed to any parcel 
of Federal land because of the presence 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 bonuses, rentals, and royalties 
that the United States would have received if such minerals 
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, appraisal 
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
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Management at least 30 days before the conveyance of 
the applicable parcels. 
(B) PUBLICATION.—The Secretary or the State, as 
applicable, shall publish in a newspaper of general circula-
tion in Salt Lake County, Utah, a notice that the appraisals 
are available for public inspection. 
(e) CONVEYANCE OF PARCELS IN PHASES.— 
(1) IN GENERAL.—Notwithstanding that appraisals 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 
subsection (a) in 3 phases beginning on the date on which 
the appraised values of the parcels included in the applicable 
phase are approved under this subsection. 
(2) PHASES.—The 3 phases referred to in paragraph (1) 
are— 
(A) phase 1, consisting of the non-Federal land identi-
fied as ‘‘phase one’’ land on the Grand County Map; 
(B) phase 2, consisting of the non-Federal land identi-
fied 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 agreement has not 
been reached with respect to the exchange 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 authorized 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-Federal land under that subsection. 
(f) RESERVATION OF INTEREST IN OIL SHALE.— 
(1) IN GENERAL.—With respect to Federal land that con-
tains oil shale resources, the Secretary shall reserve an interest 
in the portion of the mineral estate that contains the oil shale 
resources. 
(2) EXTENT OF INTEREST.—The interest reserved 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 develop oil shale resources; 
(B) the amount that would have been received by the 
Federal Government under the applicable royalty rate if 
the oil shale resources had been retained in Federal owner-
ship; and 
(C) 50 percent of any other payment received by the 
State pursuant to any lease or authorization to develop 
the oil shale resources. 
(3) PAYMENT.—Any amounts due under paragraph (2) shall 
be paid by the State to the United States not less than quar-
terly.
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(4) NO OBLIGATION TO LEASE.—The State shall not be obli-
gated to lease or otherwise develop oil shale resources in which 
the United States retains 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 EXCHANGE.— 
Subject to valid existing rights, during the period 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— 
(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 (com-
monly known as the ‘‘Materials Act of 1947’’) (30 U.S.C. 
601). 
(h) APPURTENANT WATER RIGHTS.—Any conveyance of a parcel 
of Federal land or non-Federal land under this Act shall include 
the conveyance of water rights appurtenant 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 accept-
able by the Secretary and the State, by one or more of 
the following: 
(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 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 both 
of the following: 
(i) By reducing the acreage of the non-Federal 
land to be conveyed.
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(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. 
(3) NOTICE AND PUBLIC INSPECTION.— 
(A) IN GENERAL.—If the Secretary and the State deter-
mine to add or remove land from the exchange, the Sec-
retary 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 revised exchange map will be avail-
able for public inspection; and 
(ii) transmit to the Committee on Natural 
Resources of the House of Representatives 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 exchange until at least 
30 days after the date on which the notice is published 
under subparagraph (A)(i) and the map is transmitted 
under subparagraph (A)(ii). 
SEC. 4. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE. 
(a) ADMINISTRATION OF NON-FEDERAL LAND.— 
(1) IN GENERAL.—Subject to paragraph (2) and in accord-
ance with section 206(c) of the Federal Land Policy and Manage-
ment 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 administrative 
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 term of the lease, permit, or contract, subject 
to the related terms and conditions of user agreements, 
including permitted stocking rates, grazing fee levels, access 
rights, and ownership and use of range improvements. 
(2) RENEWAL.—To the extent allowed by Federal 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 entitled to a preference right to renew 
the lease, permit, or contract. 
(3) CANCELLATION.—
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(A) IN
GENERAL.—Nothing in this Act prevents the 
Secretary or the State from canceling 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 nec-
essary 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 
because the land subject to the permit, lease, or contract 
has been leased for mineral development. 
(4) BASE PROPERTIES.—If land conveyed by the State under 
this Act is used by a grazing permittee or lessee to meet 
the base property requirements for a Federal grazing permit 
or lease, the land shall continue to qualify as a base property 
for the remaining term of the lease or permit and the term 
of any renewal or extension of the lease or permit. 
(c) HAZARDOUS MATERIALS.— 
(1) IN
GENERAL.—The Secretary and, as a condition of 
the exchange, the State shall make available for review and 
inspection any record relating to hazardous materials on the 
land to be exchanged under this Act. 
(2) COSTS.—The costs of remedial actions relating to haz-
ardous materials on land acquired under this Act shall be 
paid by those entities responsible for the costs under applicable 
law. 
(d) EASEMENT.—The conveyance of Federal land in sec. 33, 
T. 4 S., R. 24 E., and sec. 4, T. 5 S., R. 24 E., of the Salt 
Lake Meridian, shall be subject to a 1,000 foot wide scenic easement 
and a 200 foot wide road right-of-way previously granted to the 
National Park Service for the Dinosaur National Monument, as 
described in Land Withdrawal No. U–0141143, pursuant to the 
Act of September 8, 1960 (74 Stat. 857,861). 
SEC. 5. TERMINATION OF AUTHORITY. 
The provisions of this Act shall terminate 5 years after the 
date of enactment.
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.