To provide for an exchange of certain private property in Colorado and certain Federal property in Utah.

March 4, 2003

Mr. DUNCAN introduced the following bill; which was referred to the Committee on Resources

To provide for an exchange of certain private property in Colorado and certain Federal property in Utah.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. PROPERTY EXCHANGE.

(a) AUTHORITY- If the owners of the land described in section 2(a) convey to the United States all right, title, and interest in and to that land, the Secretary of the Interior shall, immediately without limitation, convey to those owners all right, title, and interest of the United States in and to the land described in section 2(b), subject to section 3.

(b) EXCHANGE OF EQUAL VALUE-

(1) IN GENERAL- The values of the lands exchanged under this Act either shall be equal, or if they are not equal, the values shall be equalized by--

(A) the payment of money to the owners of the land described in section 2(a) or to the Secretary as circumstances require; or

(B) upon the agreement of the parties, a decrease in the amount of land conveyed.

(2) SUBJECT TO APPROPRIATIONS- The authority of the Secretary to make any payment under this subsection is subject to the availability of appropriations.

(c) APPRAISALS-

(1) IN GENERAL- The values of the lands authorized to be exchanged under this Act shall be determined by appraisals using the appraisal standards set forth in the Uniform Appraisal Standards for Federal Land Acquisitions, fifth edition (December 20, 2000) and the Uniform Standards of Professional Appraisal Practice. In accordance with part 254.9(a)(1) of title 36, Code of Federal Regulations, the appraiser or appraisers shall be qualified and mutually agreeable to the Secretary and the owners of the non-Federal property to be exchanged.

(2) COST- The Secretary and the owners of the non-Federal property to be exchanged shall each be responsible for half of the costs of the appraisals required under paragraph (1).

SEC. 2. PROPERTY DESCRIBED.

(a) PRIVATE LAND TO BE CONVEYED- The land authorized to be conveyed to the United States under section 1 is the land located in Colorado and generally depicted on the map entitled `XX', dated XX.

(b) UNITED STATES LAND TO BE CONVEYED- The Federal land authorized to be conveyed under section 1 is the land located in Utah and generally depicted on the map entitled `XX', dated XX.

SEC. 3. CONDITION OF CONVEYANCE BY UNITED STATES.

As a condition of any conveyance of an interest in land by the United States under this section, the Secretary shall require that--

(1) the person to which the interest is conveyed shall convey to the State of Utah, by not later than 2 years after the date of the conveyance by the United States, a conservation easement to protect cultural resources and natural resources located on the land, that is required to be administered by the State of Utah Department of Natural Resources Division of Wildlife Resources (or any successor to the conservation functions of that division); and

(2) if the person fails to convey a conservation easement in accordance with paragraph (1)--

(A) all right, title, and interest conveyed by the United States under this Act shall revert to the United States; and

(B) all right, title, and interest conveyed to the United States under this Act shall revert to the person that made such conveyance to the United States.

SEC. 4. JURISDICTION OF LAND CONVEYED TO THE UNITED STATES.

Land conveyed to the United States pursuant this Act shall be under the administrative jurisdiction of the Bureau of Land Management.

END