Title: Shash Jaa National Monument and Indian Creek National Monument Act
Policy area: Public Lands and Natural Resources

Summary:
Shash Jaa National Monument and Indian Creek National Monument Act
This bill withdraws all federal lands and interests within the exterior boundaries of the Bears Ears National Monument in Utah as declared under Presidential Proclamation 9558, dated December 28, 2016, from:
The bill declares that such proclamation is null and void.
The bill establishes the Shash Jaa National Monument (consisting of approximately 142,337 acres) and the Indian Creek National Monument (consisting of approximately 86,447 acres), to be managed by the Shash Jaa Tribal Management and Indian Creek Management Councils, respectively.
The previously established Bears Ears Commission shall advise the councils.
The councils shall establish resources protection units to help conserve unique and nationally important historic, sacred, cultural, scientific, scenic, archaeological, natural, and educational resources within their respective monument.
Such monuments are withdrawn from:
The Department of the Interior and the Utah School and Institutional Trust Lands Administration shall enter into an exchange of federal and state trust lands, at the completion of which the state trust lands shall be added to the Shash Jaa or the Indian Creek National Monument.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4532 Introduced in House (IH)]

<DOC>






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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shash Jaa 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.
                  TITLE I--SHASH JAA NATIONAL MONUMENT

Sec. 101. Establishment and purpose.
Sec. 102. Map and legal description.
Sec. 103. Administration of Shash Jaa National Monument.
Sec. 104. General provisions.
Sec. 105. Shash Jaa Tribal Management Council.
Sec. 106. Bears Ears Commission.
Sec. 107. Archaeological resources protection.
Sec. 108. Enhanced resource protection capabilities in the Shash Jaa 
                            National Monument.
Sec. 109. Scientific research to further purpose of Shash Jaa National 
                            Monument.
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 
                            National 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 Presidential Proclamation 9558, dated December 28, 2016, 
is withdrawn from--
            (1) all forms of entry, appropriation, and 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.

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 JAA 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 Jaa 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 established as the ``Shash 
Jaa National Monument''.
    (b) Purpose.--The purpose of the Shash Jaa National Monument shall 
be to protect, conserve, and enhance the unique and nationally 
important historic, sacred, cultural, scientific, scenic, 
archaeological, natural, and educational resources of the Shash Jaa 
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 Representatives 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 Jaa National 
Monument established by section 101.
    (b) Force and Effect.--The map and legal description 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 
typographical 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 Jaa Tribal 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 of Indian Affairs, the Bureau of Land 
Management, and the Forest Service.

SEC. 103. ADMINISTRATION OF SHASH JAA 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 regulations, the Shash Jaa Tribal Management 
Council shall manage the Shash Jaa National Monument in a manner that--
            (1) furthers the purpose of the Monument;
            (2) encourages cooperative and innovative management 
        practices between resource managers, private 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, consistent with the purpose of 
        the monument, the Shash Jaa Tribal Management Council shall 
        develop a comprehensive plan for the long-term management of 
        the Shash Jaa National Monument. The plan may be updated or 
        amended by the Shash Jaa Tribal Management Council in response 
        to changing circumstances or as determined by the Shash Jaa 
        Tribal Management Council.
            (2) Consultation.--In developing the management plan, the 
        Shash Jaa 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 Jaa Tribal Management Council shall 
        solicit information and proposals as needed to integrate Native 
        American traditional and historical knowledge and special 
        expertise into the management plan of the Shash Jaa 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 Shash Jaa Tribal 
        Management Council does not incorporate written recommendations 
        submitted by State or local entities, the Bears Ears 
        Commission, or affected Indian Tribes into the management plan, 
        the Shash Jaa 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 Senate outlining 
        the reasons for rejecting the recommendations.
            (4) Relationship with bears ears commission.--In addition 
        to the consultation under paragraph (2), the Shash Jaa Tribal 
        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 Shash Jaa National Monument; and
                    (B) not less than 45 days before the effective date 
                of the management plan for the Shash Jaa National 
                Monument, provide the Bears Ears Commission with a 
                written explanation regarding any written 
                recommendations from the Bears Ears Commission that are 
                not integrated into the management plan for the Shash 
                Jaa National Monument.
            (5) Elements included.--The management plan developed under 
        this subsection shall--
                    (A) allow only those uses of the Shash Jaa National 
                Monument that are determined by the Council to be 
                consistent with the purpose of the Monument;
                    (B) be consistent with the Native American 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 subtitle III of title 54, United States Code 
                (formerly the National Historic Preservation Act), and 
                the Archaeological Resources Protection Act of 1979 (16 
                U.S.C. 470aa et seq.) to protect 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 Forest 
                Service regulations set forth in section 219 of title 
                36, Code of Federal Regulations, or successor 
                regulations;
                    (D) allow for the continued use and access 
                (including by motorized vehicle) of the Shash Jaa 
                National Monument--
                            (i) for traditional and cultural 
                        ceremonies;
                            (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 Jaa 
                        Archaeological Resources Protection Unit;
                    (E) allow grazing where grazing was established 
                before the date of the enactment of this Act--
                            (i) subject to such reasonable regulations, 
                        policies, and practices as the Shash Jaa 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 result of 
                        revisions in the normal grazing and land 
                        management planning and policy setting process;
                    (F) allow commercial recreation activities within 
                the Shash Jaa National Monument in accordance with this 
                title and all other applicable laws and regulations; 
                and
                    (G) allow wildland fire operations in the Shash Jaa 
                National Monument consistent with the purpose of the 
                Shash Jaa National Monument.
    (c) Donations.--The Shash Jaa Tribal Management Council may accept, 
hold, administer, and use gifts, bequests, donations of funds or real 
property within the boundaries of the Shash Jaa National Monument, and 
devices (including labor and services) to further the purposes of the 
Shash Jaa 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 Jaa 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 Interior or the 
        Secretary of Agriculture, as appropriate, may acquire lands or 
        interest in lands within the exterior boundaries of the Shash 
        Jaa National Monument by donation, purchase with donated or 
        appropriated funds, exchange, or transfer from a Federal agency 
        only with the concurrence of the Shash Jaa Tribal Management 
        Council.
            (2) No eminent domain or condemnation.--The Secretary of 
        the Interior and the Secretary of Agriculture may not use 
        eminent domain or condemnation to acquire land or interest in 
        land within the exterior boundary of the Shash Jaa National 
        Monument.
            (3) Incorporation in national monument.--Any land or 
        interest in land located inside the exterior boundary of the 
        Shash Jaa 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 Shash Jaa National 
        Monument.
    (c) Exclusion of Non-Federal Land.--The Shash Jaa 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 conditional 
        water right in existence on the date of the enactment 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 existence on 
        the date of the enactment of this Act;
            (5) authorizes or imposes any new reserved Federal water 
        rights; or
            (6) relinquishes or reduces any water rights reserved 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 affects 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 alters the authority 
or responsibility of any party with respect to emergency response 
activities within the Shash Jaa National Monument, including wildfire 
response.
    (g) Overflights.--Nothing in this title shall preclude overflights 
of military aircraft, the designation of special-use airspace, or the 
use or establishment of military flight training routes over the Shash 
Jaa 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 JAA TRIBAL MANAGEMENT COUNCIL.

    (a) Duties.--The Shash Jaa Tribal Management Council shall--
            (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 Jaa National 
        Monument.
    (b) Membership.--The Shash Jaa Tribal Management 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 appointed by the 
President under subsection (b)(2)--
            (1) none shall be employees of the Federal Government;
            (2) all shall be residents of the State of Utah.
    (d) Terms.--The President shall appoint the members of the Shash 
Jaa 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 Jaa Tribal Management 
Council. The President may not reappoint a member to more than three 
consecutive terms.
    (e) Vacancies.--The President shall fill Presidentially appointed 
vacancies on the Shash Jaa Tribal Management Council as soon as 
practicable after the vacancy has occurred.
    (f) Compensation.--Non-Federal members of the Shash Jaa Tribal 
Management Council shall serve without pay, except for reasonable 
travel expenses, including per diem in lieu of subsistence, at the rate 
authorized for employees 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 Jaa Tribal Management Council 
shall select the chair of the Shash Jaa Tribal Management Council from 
one of the Presidentially appointed 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 
occurs first.
    (h) Annual Shash Jaa Tribal Management Council Report.--
            (1) Public report publication.--Not later than September 30 
        of each year, the Shash Jaa Tribal Management Council shall 
        post a public report on the Forest Service, Bureau of Land 
        Management, and any Shash Jaa National Monument-affiliated 
        websites maintained by the Shash Jaa Tribal Management Council. 
        If the Shash Jaa Tribal Management Council cannot meet the 
        September 30 deadline in any year, on September 30 the Chair of 
        the Shash Jaa 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 paragraph (1) shall 
        include--
                    (A) a description of the actions of the Shash Jaa 
                Tribal Management Council to develop or implement the 
                management plan for the Shash Jaa National Monument;
                    (B) the recommendations made by the State, local 
                entities, the Bears Ears Commission, the Shash Jaa 
                Archaeological Resources Protection Unit, affected 
                Indian Tribes, and the public to the Shash Jaa Tribal 
                Management Council during the preceding year and 
                actions taken by the Shash Jaa Tribal Management 
                Council as a result of the recommendations; and
                    (C) an accounting of the expenses of the Shash Jaa 
                Tribal Management Council.
    (i) Staff Assistance.--The Shash Jaa Tribal Management Council may 
request administrative staff assistance from Federal employees under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture.
    (j) Meetings.--
            (1) Frequency.--The Shash Jaa Tribal Management 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 
        conducting an official meeting of the Shash Jaa Tribal 
        Management Council.
            (2) Announcement; open meetings.--All meetings of the Shash 
        Jaa Tribal Management Council shall be announced not less than 
        one week 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, responsibilities, 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 Jaa Tribal Management Council and the Shash Jaa 
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 Jaa Archaeological Resources Protection Unit.--
            (1) Establishment.--The Shash Jaa Tribal Management Council 
        shall establish and maintain a Shash Jaa 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, 
        scientific, scenic, archaeological, natural, and educational 
        resources in the Shash Jaa National Monument.
            (2) Membership.--Not later than 210 days after the date of 
        the enactment of this Act, the Shash Jaa Tribal Management 
        Council shall appoint 9 individuals to the Shash Jaa 
        Archaeological Resources Protection Unit as follows:
                    (A) Five individuals with expertise in preserving 
                Tribal relics, artifacts, or other sacred Tribal sites 
                and objects.
                    (B) One individual with expertise in the 
                preservation of archaeological resources in federally 
                protected areas.
                    (C) One individual with expertise in protecting 
                scenic and natural resources.
                    (D) One individual representing a scientific or 
                educational institution in the State of Utah.
                    (E) One individual with historic preservation 
                expertise in the State of Utah.
            (3) Duties.--The Shash Jaa Archaeological Resources 
        Protection Unit shall--
                    (A) advise the Shash Jaa Tribal Management Council 
                on ways to protect, conserve, and enhance the unique 
                and nationally important historic, sacred, cultural, 
                scientific, scenic, archaeological, natural, and 
                educational resources in the Shash Jaa National 
                Monument;
                    (B) recommend educational materials and signage 
                informing visitors of the unique and nationally 
                important historic, sacred, cultural, scientific, 
                scenic, archaeological, natural, and educational 
                resources in the Shash Jaa National Monument;
                    (C) recommend educational materials or signage to 
                prevent the destruction, degradation, vandalism, or 
                looting of sites within the Shash Jaa National 
                Monument; and
                    (D) not later than 60 days after its establishment 
                under paragraph (2), submit to the Shash Jaa Tribal 
                Management Council information regarding--
                            (i) sites located within the Shash Jaa 
                        National Monument at high risk of destruction, 
                        degradation, vandalism, or looting;
                            (ii) specific actions to eliminate, 
                        prevent, or minimize destruction, degradation, 
                        vandalism, and looting within Shash Jaa 
                        National Monument; and
                            (iii) suggestions for additional 
                        administrative or other actions to help 
                        eliminate, prevent, or minimize destruction, 
                        degradation, vandalism, or looting within Shash 
                        Jaa National Monument.
            (4) Terms.--
                    (A) In general.--Members of the Shash Jaa 
                Archaeological Resources Protection Unit shall serve a 
                term of 5 years beginning on the date of appointment, 
                except that the Shash Jaa Tribal Management Council 
                shall designate staggered terms for the members 
                initially appointed to Shash Jaa Archaeological 
                Resources Protection Unit.
                    (B) Vacancies.--The Shash Jaa Tribal Management 
                Council shall make appointments to fill vacancies on 
                the Shash Jaa Archaeological Resources Protection Unit 
                as soon as practicable after the vacancy has occurred.
                    (C) Compensation.--Members of the Shash Jaa 
                Archaeological Resources Protection Unit shall serve 
                without pay, except for reasonable travel expenses, 
                including per diem in lieu of subsistence, at the rate 
                authorized for employees 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 Unit.
                    (D) Staff assistance.--The Shash Jaa 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 
                jurisdiction of the State of Utah.
                    (E) Meetings.--The Shash Jaa Archaeological 
                Resources Protection Unit shall meet at the call of the 
                Shash Jaa 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 
                official meeting of the Shash Jaa Archaeological 
                Resources Protection Unit.

SEC. 108. ENHANCED RESOURCE PROTECTION CAPABILITIES IN THE SHASH JAA 
              NATIONAL MONUMENT.

    (a) Enhanced Enforcement Capability.--
            (1) Enforcement.--The Secretary of the Interior and the 
        Secretary of Agriculture shall assign not less than 10 law 
        enforcement personnel to protect the unique and nationally 
        important historic, sacred, cultural, scientific, scenic, 
        archaeological, natural, and educational resources of Shash Jaa 
        National Monument and its surrounding area, consistent 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 management plan developed under section 103(b).
    (b) Memoranda of Understanding.--The Secretary of the Interior and 
the Secretary of Agriculture shall each enter into memoranda of 
understanding or cooperative agreements with local, State, or Tribal 
law enforcement entities to perform the duties described in subsection 
(a)(1).

SEC. 109. SCIENTIFIC RESEARCH TO FURTHER PURPOSE OF SHASH JAA 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 Shash Jaa National Monument to aid in the 
development 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 Jaa National Monument shall 
adhere to the management plan created by the Shash Jaa Tribal 
Management 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 depicted on the map entitled ``Bears Ears 
National Monument Boundary Modification'' is hereby established as the 
``Indian Creek National Monument''.
    (b) Purpose.--The purpose of the Indian Creek National Monument 
shall be to protect, conserve, and enhance the unique and nationally 
important recreational, historic, sacred, cultural, scientific, scenic, 
archaeological, 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 Representatives 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 description 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 
typographical 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 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 regulations, the Indian Creek Management Council 
shall manage the Indian Creek National Monument in a manner that--
            (1) furthers the purpose of the Monument;
            (2) encourages cooperative and innovative management 
        practices between resource managers, private landowners, and 
        the public; and
            (3) recognizes and maintains historic uses, including 
        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, consistent with the purpose of 
        the monument, the Indian 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 Management Council in response to changing 
        circumstances or as determined by the Indian Creek Management 
        Council.
            (2) Consultation.--In developing the management plan, the 
        Indian Creek Management Council shall consult with appropriate 
        State and local entities, 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 American 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 incorporate written recommendations 
        submitted by State or local entities, the Bears Ears 
        Commission, or affected 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 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 Senate outlining 
        the reasons for rejecting the recommendations.
            (4) Relationship with bears ears commission.--In addition 
        to the consultation under paragraph (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 effective date 
                of the management plan for the Indian Creek National 
                Monument, provide the Bears Ears Commission with a 
                written explanation regarding any written 
                recommendations from the Bears Ears Commission that are 
                not 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 American 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 subtitle III of title 54, United States Code 
                (formerly the National Historic Preservation Act), and 
                the Archaeological Resources Protection Act of 1979 (16 
                U.S.C. 470aa et seq.) to protect 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 Forest 
                Service regulations set forth in section 219 of title 
                36, Code of Federal Regulations, or successor 
                regulations;
                    (D) allow for the continued use and access 
                (including by motorized vehicle) of the Indian Creek 
                National Monument--
                            (i) for traditional and cultural 
                        ceremonies;
                            (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 Indian 
                        Creek Archaeological Resources Protection Unit;
                    (E) allow grazing where grazing was established 
                before the date of the enactment of this Act--
                            (i) subject to such reasonable regulations, 
                        policies, and practices as the Indian Creek 
                        Management Council deems necessary;
                            (ii) subject to all applicable laws; and
                            (iii) with adjustments only allowed in the 
                        numbers of livestock allowed as a result of 
                        revisions in the normal grazing and land 
                        management planning and policy setting process;
                    (F) allow commercial recreation activities within 
                the Indian Creek National Monument in accordance with 
                this title and all other applicable 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, bequests, donations of funds or real 
property within the boundaries of the Indian Creek National Monument, 
and devices (including labor and services) to further the purposes of 
the Indian Creek 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. 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 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 Interior or the 
        Secretary of Agriculture, as appropriate, may acquire lands or 
        interest in lands within the exterior 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 Indian Creek Management 
        Council.
            (2) No eminent domain or condemnation.--The Secretary of 
        the Interior and the Secretary 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 monument.--Any land or 
        interest in land located inside 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 Indian 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 conditional 
        water right in existence on the date of the enactment 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 existence on 
        the date of the enactment of this Act;
            (5) authorizes or imposes any new reserved Federal water 
        rights; or
            (6) relinquishes or reduces any water rights reserved 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 affects 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 alters the authority 
or responsibility of any party with respect to emergency response 
activities within the Indian Creek National Monument, including 
wildfire response.
    (g) Overflights.--Nothing in this title shall preclude overflights 
of military aircraft, the designation of special-use airspace, or the 
use or establishment of military 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 Council shall--
            (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 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) 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 executive 
                branch of the State of Utah with relevant 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 appointed by the 
President under subsection (b)(2)--
            (1) none shall be employees of the Federal Government;
            (2) all shall be residents of the State of Utah.
    (d) Terms.--The President shall appoint the members of the Indian 
Creek 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 Indian Creek Management Council. 
The President may not reappoint a member to more than three consecutive 
terms.
    (e) Vacancies.--The President shall fill Presidentially appointed 
vacancies on the Indian Creek Management 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 employees 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 Management Council 
shall select the chair of the Indian Creek Management Council from one 
of the Presidentially appointed 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 occurs 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 Management 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 paragraph (1) shall 
        include--
                    (A) a description of the actions of the Indian 
                Creek Management Council to develop or implement the 
                management plan for the Indian Creek National Monument;
                    (B) the recommendations made by the State, local 
                entities, the Bears Ears Commission, 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 result of the recommendations; and
                    (C) an accounting of the expenses of the Indian 
                Creek Management Council.
    (i) Staff Assistance.--The Indian Creek Management Council may 
request administrative staff assistance from Federal employees under 
the jurisdiction of the Secretary of the Interior or the Secretary of 
Agriculture.
    (j) Meetings.--
            (1) Frequency.--The Indian Creek Management 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 conducting 
        an official meeting of the Indian Creek Management Council.
            (2) Announcement; open meetings.--All meetings of the 
        Indian Creek Management Council shall be announced not less 
        than one week in advance 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 Management Council 
        shall establish and maintain a Indian 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 National Monument.
            (2) Membership.--Not later than 210 days after the date of 
        the enactment of this Act, the Indian Creek Management Council 
        shall appoint 9 individuals to the Indian Creek Archaeological 
        Resources Protection Unit as follows:
                    (A) Five individuals with expertise in preserving 
                Tribal relics, artifacts, or other sacred Tribal sites 
                and objects.
                    (B) One individual with expertise in the 
                preservation of archaeological resources in federally 
                protected areas.
                    (C) One individual with expertise in protecting 
                scenic and natural resources.
                    (D) One individual representing a scientific or 
                educational institution in the State of Utah.
                    (E) One individual with historic preservation 
                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 enhance the unique and 
                nationally important recreational, historic, sacred, 
                cultural, scientific, scenic, archaeological, natural, 
                and educational resources in the Indian Creek National 
                Monument;
                    (B) recommend educational materials and signage 
                informing visitors of the unique and nationally 
                important recreational, historic, sacred, cultural, 
                scientific, scenic, archaeological, natural, 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 establishment 
                under paragraph (2), submit to the Indian 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, 
                        prevent, or minimize destruction, degradation, 
                        vandalism, and looting within Indian Creek 
                        National Monument; and
                            (iii) suggestions for additional 
                        administrative or other actions to help 
                        eliminate, prevent, or minimize destruction, 
                        degradation, vandalism, or looting within 
                        Indian Creek National Monument.
            (4) Terms.--
                    (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 
                appointed to Indian Creek Archaeological Resources 
                Protection Unit.
                    (B) Vacancies.--The Indian Creek Management Council 
                shall make appointments to fill vacancies on the Indian 
                Creek Archaeological Resources Protection Unit as soon 
                as practicable after the vacancy has occurred.
                    (C) Compensation.--Members of the Indian Creek 
                Archaeological Resources Protection Unit shall serve 
                without pay, except for reasonable travel expenses, 
                including per diem in lieu of subsistence, at the rate 
                authorized for employees 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 Unit.
                    (D) Staff assistance.--The Indian Creek 
                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 jurisdiction of the State of Utah.
                    (E) Meetings.--The Indian Creek Archaeological 
                Resources Protection Unit shall meet at the call of the 
                Indian Creek 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 official 
                meeting of the Indian Creek Archaeological Resources 
                Protection Unit.

SEC. 208. ENHANCED RESOURCE PROTECTION CAPABILITIES IN THE INDIAN CREEK 
              NATIONAL MONUMENT.

    (a) Enhanced Enforcement Capability.--
            (1) Enforcement.--The Secretary of the Interior and the 
        Secretary of Agriculture shall assign not less than 10 law 
        enforcement personnel to protect the unique and nationally 
        important recreational, historic, sacred, cultural, scientific, 
        scenic, archaeological, natural, and educational resources of 
        Indian Creek National Monument and its surrounding 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 management plan developed under section 203(b).
    (b) Memoranda of Understanding.--The Secretary of the Interior and 
the Secretary of Agriculture shall each enter into memoranda of 
understanding or cooperative 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 
development or implementation of the management plan required in 
section 203(b).

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 
Management Council under section 203(b).

           TITLE III--UTAH PUBLIC SCHOOL TRUST LAND CERTAINTY

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 entitled ``State and Federal Land 
        Exchange Map'' dated _____.
            (3) Non-federal land.--The term ``non-Federal 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 depicted on the Map.
            (4) Permitted existing uses.--The term ``permitted existing 
        uses'' means any use authorized 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 
        Administration.

SEC. 302. EXCHANGE OF LAND TO BENEFIT THE UTAH PUBLIC 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 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 Policy 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 authorized under 
subsection (a) shall be subject to valid existing 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 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 Jaa National Monument or the Indian 
        Creek National Monument, as appropriate, if located within the 
        exterior boundary of the Shash Jaa National Monument or the 
        Indian Creek National Monument; and
            (2) administered in accordance with--
                    (A) this Act;
                    (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                    (C) other applicable laws and regulations.
    (j) Deadline.--The land exchange under this title shall be 
completed as expeditiously as possible.

SEC. 303. EQUAL VALUE LAND EXCHANGES AND APPRAISALS.

    (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 Acquisitions and the Uniform Standards of 
        Professional 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 appraisal conducted 
        under this title shall be paid in equal shares by the Secretary 
        and the State. If the 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 account 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 located under sections 
                2318 through 2352 of the Revised Statues (commonly 
                known as the ``Mining Law of 1872''; 30 U.S.C. 21 et 
                seq.) shall be appraised in accordance with standard 
                appraisal 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.--
            (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 exchanged 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 exceeds 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 equalized 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 Management Act of 1976 (43 U.S.C. 
        1716(b)), the Secretary may accept a payment under paragraph 
        (1) in excess of 25 percent of the value of the Federal land 
        conveyed.
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