Utah Schools and Lands Improvement Act of 1993
PL 103-93 (S.184), enacted 10/01/1993

PUBLIC LAW 103-93—OCT. 1, 1993 
107 STAT. 995 
Public Law 103-93 
103d Congress 
An Act 
To provide for the exchange of certain lands within the State of Utah, and for 
Oct. 1, 1993 
other purposes. 
[S. 184] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
Utah Schools 
and Lands 
SECTION 1. SHORT TITLE. 
Improvement 
Act of 1993. 
This Act may be cited as the "Utah Schools and Lands Improve-
ment Act of 1993". 
SEC. 2. UTAH-NAVAJO LAND EXCHANGE. 
(a) ADDITIONS TO RESERVATION.—For the purpose of securing 
in trust for the Navajo Nation certain lands belonging to the State 
of Utah, which comprise approximately thirty-eight thousand five 
hundred acres of surface and subsurface estate, and approximately 
an additional nine thousand five hundred acres of subsurface estate, 
as generally depicted on the map entitled "Utah-Navajo Land 
Exchange", dated May 18, 1992, such lands are hereby declared 
to be part of the Navajo Indian Reservation in the State of Utah 
effective upon the completion of conveyance from the State of Utah 
and acceptance of title by the United States. 
(b) AUTHORIZATION.—The Secretary of the Interior is authorized 
to acquire through exchange those lands and interests in land 
described in subsection (a) which are owned by the State of Utah, 
subject to valid existing rights. 
SEC. 3. STATE LANDS WTTHIN THE GOSHUTE INDIAN RESERVATION. 
(a) ADDITIONS TO RESERVATION.—For the purpose of securing 
in trust for the Goshute Indian Tribe certain lands belonging to 
the State of Utah, which comprise approximately nine hundred 
eighty acres of surface and subsurface estate, and an additional 
four hundred and eighty acres of subsurface estate, as generally 
depicted on the map entitled "Utah-Goshute Land Exchange", dated 
May 18, 1992, such lands are hereby declared to be part of the 
Goshute Indian Reservation in the State of Utah effective upon 
the completion of conveyance from the State of Utah and acceptance 
of title by the United States. 
(b) AUTHORIZATION.—^The Secretary of the Interior is authorized 
to acquire through exchange those lands and interests in land 
described in subsection (a) which are owned by the State of Utah, 
subject to valid existing rights. 
(c) OTHER LAND.—(1) The following tract of Federal land located 
in the State of Nevada, comprising approximately five acres more 
or less, together with all improvements thereon, is hereby declared 
107 STAT. 996 
PUBLIC LAW 103-93—OCT. 1, 1993 
to be part of the Groshute Indian Reservation, and shall be held 
in trust for the Goshute Indian Tribe: Township 30 North, Range 
69 East, lots 5, 6, 7, 9,11, and 14 of section 34. 
(2) No part of the lands referred to in paragraph (1) shall 
be used for gaming or any related purpose. 
SEC. 4. IMPLEMENTATION. 
The exchanges authorized by sections 2 and 3 of this Act 
shall be conducted without cost to the Navajo Nation and the 
GrOshute Indian Tribe. 
SEC. 6. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM. 
(a) AUTHORIZATION.—^The Secretary of Agriculture is authorized 
to accept on behalf of the United States title to the school and 
institutional trust lands by the State of Utah within units of the 
National Forest System, comprising approximately seventy-six thou-
sand acres as depicted on a map entitled "Utah Forest Land 
Exchange", dated May 18, 1992. 
(b) STATUS.—^Any lands acquired by the United States pursuant 
to this section shall become a part of the national forest within 
which such lands are located and shall be subject to all the laws 
and regulations applicable to the National Forest System. 
SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM. 
(a) AUTHORIZATION.—^The Secretary of the Interior is hereby 
authorized to accept on behalf of the United States title to all 
school and institutional trust lands owned by the State of Utah 
located within all units of the National Park System, comprising 
approximately eighty thousand acres, located within the State of 
Utah on the date of enactment of this Act. 
(b) STATUS.—(1) Notwithstanding any other provision of law, 
all lands of the State of Utah within units of the National Park 
System that are conveyed to the United States pursuant to this 
section shall become a part of the appropriate unit of the National 
Park System, and shall be subject to all laws and regulations 
applicable to that unit of the National Park System. 
(2) The Secretary of the Interior shall, as a part of the exchange 
process of this Act, compensate the State of Utah for the fair 
market value of five hundred eighty and sixty-four one-hundredths 
acres within Capitol Reef National Park that were conveyed by 
the State of Utah to the United States on July 2, 1971, for which 
the State has never been compensated. The fair market value 
of these lands shall be established pursuant to section 8 of this 
Act. 
SEC. 7. OFFER TO STATE. 
(a) SPECIFIC OFFERS.—^Within thirty days after enactment of 
this Act, the Secretary of the Interior shall transmit to the State 
of Utah a list of lands, or interests in lands, within the State 
of Utah for transfer to the State of Utah in exchange for the 
State lands and interests described in sections 2, 3, 5, and 6 
of this Act. Such list shall include only the following Federal lands, 
or interests therein: 
(1) Blue Mountain Telecommunications Site, fee estate, 
approximately six hundred and forty acres. 
(2) Beaver Mountain Ski Resort site, fee estate, approxi-
mately three thousand acres, as generally depicted on the map 
PUBLIC LAW 103-93—OCT. 1, 1993 
107 STAT. 997 
entitled "Beaver Mountain Ski Resort" dated September 16, 
1992. 
(3) The unleased coal located in the Winter Quarters Tract. 
(4) The unleased coal located in the Crandall Canyon Tract. 
(5) All royalties receivable by the United States with 
respect to coal leases in the Quitchupah (Convulsion Canyon) 
Tract. 
(6) The unleased coal located in the Cottonwood Canyon 
Tract. 
(7) The unleased coal located in the Soldier Creek Tract. 
(b) ADDITIONAL OFFERS.—(1) In addition to the lands and Minerals and 
interests specified in subsection (a), the Secretary of the Interior ™^"i'^g-
shall offer to the State of Utah a portion of the royalties receivable 
by the United States with respect to Federal geothermal, oil, gas, 
or other mineral interests in Utah which on December 31, 1992, 
were under lease and covered by an approved permit to drill or 
plan of development and plan of reclamation, were in production, 
and were not under administrative or judicial appeal. 
(2) No offer under this subsection shall be for royalties aggregat-
ing more than 50 per centum of the total appredsed value of the 
State lands described in sections 2, 3, 5, and 6. 
(3) The Secretary shall make no offer under this subsection 
which would enable the State of Utah to receive royalties under 
this section exceeding $50,000,000. 
(4) If the total value of lands and interests therein and royalties 
offered to the State pursuant to subsections (a) and (b) is less 
than the total value of the State lands described in sections 2, 
3, 5, and 6, the Secretary shall provide the State a Ust of all 
public lands in Utah that as of December 31, 1992, the Secretary, 
in resource management plans prepared pursuant to the Federal 
Land Policy and Management Act of 1976, had identified as suitable 
for disposal by exchange or otherwise, and shall offer to transfer 
to the State any or all of such lands, as selected by the State, 
in partial exchange for such State lands, to the extent consistent 
with other applicable laws and regulations. 
SEC. 
8
. 
APPRAISAL 
OF 
LANDS 
TO 
BE 
EXCHANGED. 
(a) EQUAL VALUE,.—^All exchanges authorized under this Act 
shall be for equal value. No later than ninety days after enactment 
of this Act, the Secretary of the Interior, the Secretary of Agri-
culture, and the Governor of the State of Utah shall provide for 
an appraisal of the lands or interests therein involved in the 
exchanges authorized by this Act. A detailed appraisal report shall 
utilize nationally recognized appraisal standards including, to the 
extent appropriate, the uniform appraisal standards for Federal 
land acquisition. 
(b) DEADLINE AND DISPUTE RESOLUTION.—(1) If afl;er two years 
fi*om the date of enactment of this Act, the parties have not agreed 
upon the final terms of some or all of the exchanges authorized 
by this Act, including the value of the lands involved in some 
or all of such exchanges, notwithstanding any other provisions 
of law, any appropriate United States District Court, including 
but not limited to the United States District Court for the District 
of Utah, Central Division, shall have jurisdiction to hear, determine, 
and render judgment on the value of any and all lands, or interests 
therein, involved in the exchange. 
107 STAT. 998 
PUBLIC LAW 103-93—OCT. 1, 1993 
Minerals and 
mining. 
(2) No action provided for in this subsection may be filed 
with the Court sooner than two years and later than five years 
after the date of enactment of this Act. Any decision of a District 
Court under this Act may be appealed in accordance with the 
applicable laws and rules. 
(c) ADJUSTMENT.—If the State shares revenue from the selected 
Federal properties, the value of such properties shall be the value 
otherwise established under this section, less the percentage which 
represents the Federal revenue sharing obUgation, but such adjust-
ment shall not be considered as reflecting a property right of the 
State of Utah. 
(d) INTEREST.—Any royalty offer by the Secretary pursuant 
to subsection 7(b) shall be adjusted to reflect net present value 
as of the effective date of the exchange. The State shall be entitled 
to receive a reasonable rate of interest at a rate equivalent to 
a five-year Treasury note on the balance of the value owed by 
the United States from the effective date of the exchange until 
full value is received by the State and mineral rights revert to 
the United States as prescribed by subsection 9(a)(3). 
SEC. 9. TRANSFER OF TITLE. 
(a) TERMS.—<1) The State of Utah shall be entitled to receive 
so much of those lands or interests in lands and additional royalties 
described in section 7 that are offered by the Secretary of the 
Interior and accepted by the State as are equal in value to the 
State lands and interests described in sections 2, 3, 5, and 6. 
(2) For those properties where fee simple title is to be conveyed 
to the State of Utah, the Secretary of the Interior shall convey, 
subject to valid existing rights, all right, title, and interest, subject 
to the provisions of subsection (b). For those properties where 
less than fee simple is to be conveyed to the State of Utah, the 
Secretary shall reserve to the United States all remaining right, 
title, and interest of the United States. 
(3) All right, title, and interest in any mineral rights described 
in section 7 that are conveyed to the State of Utah pursuant 
to this Act shall revert to the United States upon removal of 
minerals equal in value to the value attributed to such rights 
in connection with an exchsuige under this Act. 
(4) If the State of Utah accepts the offers provided for in 
this Act, the State shall convey to the United States, subject to 
valid existing rights, all right, title, and interest of the State to 
all school and institutional trust lands described in sections 2, 
3, 5, and 6 of this Act. Except as provided in section 7(b), conveyance 
of all lands or interests m lands shall take place within sixty 
days following agreement by the Secretary of the Interior and 
the Governor of the State of Utah, or entry of an appropriate 
order of 
judgment by the District Couri;. 
(b) INSPECTIONS.—Both parties shall inspect all pertinent 
records and shall conduct a physical inspection of the lands to 
be exchanged pursuant to this Act for the presence of any hazardous 
materials as presently defined by applicable law. The results of 
those inspections shall be made available to the parties. Responsibil-
ity for costs of remedial action related to materials identified by 
such inspections shall be borne by those entities responsible under 
existing law. 
(c) CONDITIONS.—(1) With respect to the lands and interests 
described in section 7(a), enactment of this Act shall be construed 
PUBLIC LAW 103-93—OCT. 1, 1993 
107 STAT. 999 
as satisfying the provisions of section 206(a) of the Federal Land 
Policy and Management Act of 1976 requiring that exchanges of 
lands be in the public interest. 
(2) Development of any mineral interest transferred to the Minerals and 
State of Utah pursuant to this Act shall be subject to all laws, 
^^^^s-
rules, and regulations applicable to development of non-Federal 
mineral interests, including, where appropriate, laws, rules, and 
regulations applicable to such development within National Forests. 
Extraction of any coal resources described in section 7(a) shall 
occur only through underground coal mining operations. 
(3) Transfer of any mineral interests to the State of Utah 
shall be subject to such conditions as the Secretary shall prescribe 
to ensure due diligence on the part of the State of Utah to achieve 
the timely development of such resources. 
SEC. 10. LEGAL DESCRIPTIONS. 
(a) IN GENERAL.—AS soon as practicable after the date of enact-
ment of this Act, a map and legal description of the lands added 
to the Navajo and Groshute Indian Reservations and all lands 
exchanged under this Act shall be filed by the appropriate Secretary 
with the Committee on Natural Resources of the United States 
House of Representatives and the Committee on Energy and Natu-
ral Resources of the United States Senate, and each such map 
and description shall have the same force and effect as if included 
in this Act, except that the appropriate Secretary may correct 
clerical and typographical errors in each such legal description 
and map. Each such map and legal description shall be on file 
and available for public inspection in the offices of the Secretary 
of Agriculture and the Secretary of the Interior and the Utah 
offices of the appropriate agencies of the Department of the Interior 
and Department of Agriculture. 
(b) PiLT.—Section 6902(b) of title 31, United States Code, is 
amended by striking "acquisition." and inserting in lieu thereof 
"acquisition, nor does this subsection apply to payments for lands 
in Utah acquired by the United States if at the time of such 
acquisition units, under applicable State law, were entitled to 
receive pajnnents from the State for such lands, but in such case 
no pa3anent under this chapter with respect to such acquired lands 
shall exceed the pajniient that would have been made under State 
law if such lands had not been acquired.". 
(c) INTENT.—The lands and interests described in section 7 
are an offer related only to the State lands and interests described 
in this Act, and nothing in this Act shall be construed as precluding 
conveyance of other lands or interests to the State of Utah pursuant 
to other exchanges under applicable existing law or subsequent 
act of Congress. It is the intent of Congress that the State should 
establish a funding mechanism, or some other mechanism, to assure 
that counties within the State are treated equitably as a result 
of this exchange. 
(d) COSTS.—The United States and the State of Utah shall 
each bear its own respective costs incurred in the implementation 
of this Act. 
(e) DEFINITION.—As used in this Act, the term (1) "School 
and Institutiongd Trust Lands" means those properties granted 
by the United States in the Utah Enabling Act to the State of 
Utah in trust and other lands which under State law must be 
managed for the benefit of the public school system or the institu-
107 STAT. 1000 
PUBLIC LAW 103-93—OCT. 1, 1993 
tions of the State which are designated by the Utah Enabling 
Act; and (2) "Secretar/'means the Secretary of the Interior; unless 
specifically defined otherwise. 
SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this Act. 
Approved October 1, 1993. 
LEGISLATIVE mSTORY—S. 184: 
HOUSE REPORTS: No. 103-207 (Comm. on Natural Resources). 
SENATE REPORTS: No. 103-56 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 139 (1993): 
June 24, considered and passed Senate. 
Aug. 2, considered and passed House, amended. 
Aug. 6, Senate concurred in House amendments with amendments. 
Sept. 13, House concurred in Senate amendments.