To authorize the exchange of certain land in Grand and Uintah Counties, Utah, and for other purposes.

May 4, 2005

Mr. CANNON (for himself, Mr. BISHOP of Utah, and Mr. MATHESON) introduced the following bill; which was referred to the Committee on Resources

To authorize the exchange of certain land in Grand 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 2005'.

SEC. 2. FINDINGS AND PURPOSES.

(a) Findings- Congress finds that--

(1) the area surrounding the Colorado River in Grand County, Utah, and Dinosaur National Monument and the Book Cliffs in Uintah County, Utah, contains nationally recognized scenic vistas, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually;

(2) the State of Utah owns multiple parcels of land in the area that were granted to the State under the Act of July 16, 1894 (28 Stat. 107, chapter 138), to be held in trust for the benefit of the public school system and other public institutions of the State;

(3) the parcels of State trust land are largely scattered in checkerboard fashion amid the Federal land comprising the area of the Colorado River corridor, the Dinosaur National Monument, and the Book Cliffs;

(4) the State trust land in the area of the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs includes significant natural and recreational features, including--

(A) portions of Westwater Canyon of the Colorado River;

(B) the nationally recognized Kokopelli and Slickrock trails;

(C) several of the largest natural rock arches in the United States;

(D) multiple wilderness study areas and proposed wilderness areas; and

(E) viewsheds for Arches National Park and Dinosaur National Monument;

(5) the large presence of State trust land located in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area makes land and resource management in the area more difficult, costly, and controversial for the United States and the State of Utah;

(6) although the State trust land was granted to the State to generate financial support for public schools in the State through the sale or development of natural resources, development of those resources in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area may be incompatible with managing the area for recreational, natural, and scenic resources;

(7) the United States owns land and interests in land in other parts of the State of Utah that can be transferred to the State in exchange for the State trust land without jeopardizing Federal management objectives or needs; and

(8) it is in the public interest to exchange federally owned land in the State for the Utah State trust land located in the Colorado River Corridor, Dinosaur National Monument, and the Book Cliffs area, on terms that are fair to the United States and the State of Utah.

(b) Purpose- It is the purpose of this Act to authorize, facilitate, and expedite the exchange of certain Federal land and non-Federal land in the State to further the public interest by--

(1) exchanging Federal land that has limited recreational and conservation resources; and

(2) acquiring State trust land with important recreational, scenic, and conservation resources for permanent public management and use.

SEC. 3. DEFINITIONS.

In this Act:

(1) FEDERAL LAND- The term `Federal land' means the approximately XXXX acres of Federal land located in Grand and Uintah Counties, Utah, as generally depicted on the map.

(2) MAP- The term `map' means the map entitled `Utah Recreational Land Exchange-Offered Lands' and dated October 2004.

(3) NON-FEDERAL LAND- The term `non-Federal land' means--

(A) the approximately XXXX acres of State trust land located in the Colorado River corridor in Grand County, Utah, as generally depicted on the map;

(B) the approximately XXXX acres of State trust land located in the vicinity of Dinosaur National Monument in Uintah County, Utah, as generally depicted on the map; and

(C) the approximately XXXX acres of State trust land located in the vicinity of the Book Cliffs area in Uintah County, Utah, as generally depicted on the map.

(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(5) 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.).

SEC. 4. EXCHANGE OF LAND.

(a) In General- If, not later than 30 days after the date of enactment of this Act, the State offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary shall--

(1) accept the offer; and

(2) on receipt of acceptable title to the non-Federal land and subject to valid existing rights, simultaneously convey to the State all right, title, and interest of the United States in and to the Federal land.

(b) Conveyance of Individual Parcels- Notwithstanding that appraisals for all of the parcels of Federal land and non-Federal land may not have been completed under section 5, individual parcels of Federal land and non-Federal land may be exchanged under subsection (a) at any time after the date on which the appraised values of the individual parcels are approved under section 5(b)(4).

(c) Timing-

(1) IN GENERAL- Except as provided in paragraph (2), the exchange of land authorized by subsection (a) shall be completed not later than 330 days after the date on which the State makes the Secretary an offer to convey the non-Federal land under that subsection.

(2) EXTENSION- The Secretary and the State may mutually agree to extend the deadline specified in paragraph (1).

SEC. 5. EXCHANGE VALUATION, APPRAISALS, AND EQUALIZATION.

(a) Equal Value Exchange- The value of the Federal land and non-Federal land to be exchanged under this Act--

(1) shall be approximately equal; or

(2) shall be made approximately equal in accordance with subsection (c).

(b) Appraisals-

(1) IN GENERAL- The value of the Federal land and the non-Federal land shall be determined by appraisals conducted--

(A) using, where appropriate, comparable sales of surface and subsurface property; and

(B) subject to paragraph (3), in accordance with--

(i) the Uniform Appraisal Standards for Federal Land Acquisitions (2002);

(ii) the Uniform Standards of Professional Appraisal Practice; and

(iii) section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).

(2) SELECTION OF APPRAISER; COSTS- The appraisals of the Federal land and non-Federal land shall be conducted by 1 or more independent third-party appraisers selected jointly by the Secretary and the State. The United States and the State shall share third-party appraisal costs equally.

(3) REQUIREMENTS- During the appraisal process, the appraiser shall--

(A) consider comparable public and private sales without regard to--

(i) whether the land was acquired for conservation or preservation purposes; or

(ii) the nonprofit status of the entity making the acquisition; and

(B) if value is attributed to the land because of the presence of minerals subject to leasing under Federal mineral leasing laws, adjust the value proportionately to reflect Federal mineral revenue sharing, subject to the condition that the Utah School and Institutional Trust Lands Administration assume the revenue sharing obligation of the United States with respect to the land.

(4) REVIEW AND APPROVAL-

(A) IN GENERAL- Not later than 120 days after the date on which the appraiser is selected under paragraph (2), the appraiser shall submit to the Secretary and the State a copy of the completed appraisals for review.

(B) APPROVAL OR DISAPPROVAL- Not later than 90 days after the date of receipt of an appraisal under subparagraph (A), the Secretary and the State shall independently approve or disapprove the appraisal.

(5) DETERMINATION OF VALUE-

(A) DETERMINATION BY SECRETARY AND STATE- If the Secretary and the State are unable to agree on the value of a parcel of land, the value of the parcel may be determined by the Secretary and the State in accordance with paragraphs (2) and (4) of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).

(B) DETERMINATION BY COURT-

(i) IN GENERAL- Notwithstanding any other provision of law, if the Secretary and the State have not agreed on the value of a parcel by the date that is 1 year after the date of enactment of this Act, a Federal district court (including the United States District Court for the District of Utah, Central Division) shall have jurisdiction to determine the value of the parcel.

(ii) LIMITATION- An action to determine the value of a parcel under clause (i) shall be brought not earlier than 1 year, but not more than 3 years, after the date of enactment of this Act.

(c) Equalization of Values-

(1) SURPLUS OF NON-FEDERAL LAND- If after completion of the appraisal and dispute resolution process under subsection (b), the value of the non-Federal land exceeds the value of the Federal land, the State shall remove parcels of non-Federal land from the exchange until the value of the Federal land and non-Federal land is approximately equal.

(2) SURPLUS OF FEDERAL LAND- If after completion of the appraisal and dispute resolution process under subsection (b), the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land may be equalized by--

(A) the Secretary and the State removing parcels of Federal land from the exchange until the value is approximately equal; or

(B) the Secretary and the State adding additional State trust land to the non-Federal land, if--

(i) the additional land has been appraised in accordance with an ongoing Federal acquisition process or program; and

(ii) the appraised value (as determined under clause (i)) has been accepted by the Secretary.

SEC. 6. STATUS AND MANAGEMENT OF LAND AFTER EXCHANGE.

(a) Administration of Non-Federal Land-

(1) IN GENERAL- Subject to paragraph (2) and in accordance with section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), the non-Federal 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) LIMITATION- The payment of mineral revenues from the non-Federal land acquired under this Act shall be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(b) Withdrawal of Federal Land- Subject to valid existing rights, the Federal land is withdrawn from--

(1) disposition 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 (commonly known as the `Materials Act of 1947') (30 U.S.C. 601).

(c) Grazing Permits-

(1) IN GENERAL- If land acquired 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 person acquiring the land 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- Nothing in this Act prevents the State from canceling a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for non-grazing purposes by the State.

(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.

(d) 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 hazardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law.

(e) Historic Properties- A conveyance of Federal land under this Act shall not be considered to be an undertaking under section 106 of the National Historic Preservation Act (16 U.S.C. 470f) if the Utah State Antiquities Act (Utah Code Ann. 9-8-301 et seq.) is in effect on the date of the conveyance of the Federal land.

(f) Provisions Relating to Federal Land- The exchange of land under this Act shall be considered to be in the public interest under section 206(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)).

END