[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4579 Reported in House (RH)]
<DOC>
Union Calendar No. 670
114th CONGRESS
2d Session
H. R. 4579
[Report No. 114-857, Part I]
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2016
Mr. Stewart (for himself, Mr. Bishop of Utah, Mr. Chaffetz, and Mrs.
Love) introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
December 8, 2016
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 8, 2016
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
February 12, 2016]
_______________________________________________________________________
A BILL
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Utah Test and
Training Range Encroachment Prevention and Temporary Closure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--UTAH TEST AND TRAINING RANGE
Sec. 101. Management of BLM land.
Sec. 102. Temporary closures.
Sec. 103. Community resource group.
Sec. 104. Liability.
Sec. 105. Effects of title.
TITLE II--LAND EXCHANGE
Sec. 201. Findings and purpose.
Sec. 202. Definitions.
Sec. 203. Exchange of Federal land and non-Federal land.
Sec. 204. Status and management of non-Federal land after exchange.
Sec. 205. Hazardous materials.
TITLE III--HIGHWAY RIGHTS-OF-WAY
Sec. 301. Recognition and transfer of certain highway rights-of-way.
SEC. 2. FINDINGS.
Congress finds that--
(1) the testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States;
(2) the Utah Test and Training Range is a unique and
irreplaceable national asset at the core of the test and
training mission of the Department of Defense;
(3) continued access to the special use airspace and land
that comprise the Utah Test and Training Range, under the terms
and conditions described in this Act is a national security
priority;
(4) multiple use of, sustained yield activities on, and
access to the BLM land are vital to the customs, culture,
economy, ranching, grazing, and transportation interests of the
counties in which the BLM land is situated; and
(5) the limited use by the military of the BLM land and
airspace above the BLM land is vital to improving and
maintaining the readiness of the Armed Forces.
SEC. 3. DEFINITIONS.
In this Act:
(1) BLM land.--The term ``BLM land'' means the Bureau of
Land Management land in the State comprising approximately
625,643 acres, as generally depicted on the map entitled ``Utah
Test and Training Range Enhancement/West Desert Land Exchange''
and dated February 12, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Utah.
(4) Utah test and training range.--
(A) In general.--The term ``Utah Test and Training
Range'' means the portions of the military land and
airspace operating area of the Utah Test and Training
Area that are located in the State.
(B) Inclusion.--The term ``Utah Test and Training
Range'' includes the Dugway Proving Ground.
TITLE I--UTAH TEST AND TRAINING RANGE
SEC. 101. MANAGEMENT OF BLM LAND.
(a) Memorandum of Agreement.--
(1) Draft.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall complete a draft of
the memorandum of agreement required under paragraph
(2).
(B) Public comment period.--During the 30-day
period beginning on the date on which the draft
memorandum of agreement is completed under subparagraph
(A), there shall be an opportunity for public comment
on the draft memorandum of agreement, including an
opportunity for the Utah Test and Training Range
Community Resource Group established under section
103(a) to provide comments on the draft memorandum of
agreement.
(2) Requirement; deadline.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall enter into a
memorandum of agreement that provides for the continued
management of the BLM land by the Secretary, in a
manner that provides for the limited use of the BLM
land by the Secretary of the Air Force, consistent with
this Act.
(B) Signatures required.--The terms of the
memorandum of agreement, including a temporary closure
of the BLM land under the memorandum of agreement, may
not be carried out until the date on which all parties
to the memorandum of agreement have signed the
memorandum of agreement.
(3) Management by secretary.--The memorandum of agreement
under paragraph (2) shall provide that the Secretary (acting
through the Director of the Bureau of Land Management) shall
continue to manage the BLM land--
(A) as land described in section 6901(1)(B) of
title 31, United States Code;
(B) for multiple use and sustained yield goals and
activities as required under sections 102(a)(7) and
202(c)(1) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701(a)(7), 1712(c)(1)) and defined
in section 103 of that Act (43 U.S.C. 1702), including
all principal or major uses on Federal land recognized
pursuant to the definition of the term in section 103
of that Act (43 U.S.C. 1702);
(C) in accordance with section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1712); and
(D) subject to use by the Secretary of the Air
Force provided under section 102 for--
(i) the preservation of the Utah Test and
Training Range against current and future
encroachments that the Secretary of the Air
Force finds to be incompatible with current and
future test and training requirements;
(ii) the testing of--
(I) advanced weapon systems,
including current weapons systems, 5th
generation weapon systems, and future
weapon systems; and
(II) the standoff distance for
weapons;
(iii) the testing and evaluation of
hypersonic weapons;
(iv) increased public safety for civilians
accessing the BLM land; and
(v) other purposes relating to meeting
national security needs.
(b) Map.--The Secretary may correct any minor errors in the map
described in section 3(1).
(c) Land Use Plans.--Any land use plan in existence on the date of
enactment of this Act that applies to the BLM land shall continue to
apply to the BLM land.
(d) Maintain Current Uses.--
(1) In general.--Notwithstanding subsection (a)(3)(D), the
memorandum of agreement entered into under subsection (a) and
the land use plans described in subsection (c) shall not
diminish any major or principle use that is recognized pursuant
to section 103(l) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1702(l)), except to the extent authorized in
subsection (a).
(2) Actions by secretary of the air force.--The Secretary
of the Air Force shall--
(A) if corrective action is necessary due to an
action of the Air Force, as determined by the Secretary
of the Air Force, render the BLM land safe for public
use; and
(B) appropriately communicate the safety of the
land to the Secretary once the BLM land is rendered
safe for public use.
(e) Grazing.--
(1) New grazing leases and permits.--
(A) In general.--The Secretary shall issue and
administer any new grazing lease or permit on the BLM
land, in accordance with applicable law (including
regulations) and other authorities applicable to
livestock grazing on Bureau of Land Management land.
(B) Non-federal land levels.--The Secretary (acting
through the Director of the Bureau of Land Management)
shall continue to issue and administer livestock
grazing leases and permits on the non-Federal land
described in section 202(3), subject to the
requirements described in subparagraphs (A) through (C)
of paragraph (2).
(2) Existing grazing leases and permits.--Any livestock
grazing lease or permit applicable to the BLM land that is in
existence on the date of enactment of this Act shall continue
in effect--
(A) at the number of permitted animal unit months
authorized under current applicable land use plans;
(B) if range conditions permit, at levels greater
than the level of active use; and
(C) subject to such reasonable increases and
decreases of active use of animal unit months and other
reasonable regulations, policies, and practices as the
Secretary may consider appropriate based on rangeland
conditions.
(f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of
understanding that is between the Department of the Interior and the
Department of the Air Force with respect to emergency access and
response, as in existence as of the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, the BLM land is
withdrawn from all forms of appropriation under the public land laws,
including the mining laws, the mineral leasing laws, and the geothermal
leasing laws.
(h) Limitation on Future Rights-of-Way or Use Permits.--The
Secretary may not issue any new use permits or rights-of-way on the BLM
land for any purposes that the Secretary of the Air Force determines to
be incompatible with current or projected military requirements, with
consideration given to the rangeland improvements under section 105(h).
(i) Grazing and Ranching.--Efforts described in this Act to
facilitate grazing and ranching on the BLM land and the non-Federal
land described in section 202(3) shall be considered to be compatible
with mission requirements of the Utah Test and Training Range.
SEC. 102. TEMPORARY CLOSURES.
(a) In General.--If the Secretary of the Air Force determines that
military operations (including operations relating to the fulfillment
of the mission of the Utah Test and Training Range), public safety, or
national security require the temporary closure to public use of any
road, trail, or other portion of the BLM land, the Secretary of the Air
Force may take such action as the Secretary of the Air Force determines
necessary to carry out the temporary closure.
(b) Limitations.--Any temporary closure under subsection (a)--
(1) shall be limited to the minimum areas and periods
during which the Secretary of the Air Force determines are
required to carry out a closure under this section;
(2) shall not occur on a State or Federal holiday, unless
notice is provided in accordance with subsection (c)(1)(B);
(3) shall not occur on a Friday, Saturday, or Sunday,
unless notice is provided in accordance with subsection
(c)(1)(B); and
(4)(A) if practicable, shall be for not longer than a 3-
hour period per day;
(B) shall only be for longer than a 3-hour period per day--
(i) for mission essential reasons; and
(ii) as infrequently as practicable and in no case
for more than 10 days per year; and
(C) shall in no case be for longer than a 6-hour period per
day.
(c) Notice.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall--
(A) keep appropriate warning notices posted before
and during any temporary closure; and
(B) provide notice to the Secretary, public, and
relevant stakeholders concerning the temporary
closure--
(i) at least 30 days before the date on
which the temporary closure goes into effect;
(ii) in the case of a closure during the
period beginning on March 1 and ending on May
31, at least 60 days before the date on which
the closure goes into effect; or
(iii) in the case of a closure described in
paragraph (3) or (4) of subsection (b), at
least 90 days before the date on which the
closure goes into effect.
(2) Special notification procedures.--In each case for
which a mission-unique security requirement does not allow for
the notifications described in paragraph (1)(B), the Secretary
of the Air Force shall work with the Secretary to achieve a
mutually agreeable timeline for notification.
(d) Maximum Annual Closures.--The total cumulative hours of
temporary closures authorized under this section with respect to the
BLM land shall not exceed 100 hours annually.
(e) Prohibition on Certain Temporary Closures.--The northernmost
area identified as ``Newfoundland's'' on the map described in section
3(1) shall not be subject to any temporary closure between August 21
and February 28, in accordance with the lawful hunting methods and
seasons of the State of Utah.
(f) Emergency Ground Response.--A temporary closure of a portion of
the BLM land shall not affect the conduct of emergency response
activities on the BLM land during the temporary closure.
(g) Law Enforcement and Security.--The Secretary and the Secretary
of the Air Force may enter into cooperative agreements with State and
local law enforcement officials with respect to lawful procedures and
protocols to be used in promoting public safety and operation security
on or near the BLM land during noticed test and training periods.
(h) Livestock.--Livestock shall be allowed to remain on the BLM
land during a temporary closure of the BLM land under this section.
SEC. 103. COMMUNITY RESOURCE GROUP.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource Group (referred to in this section as
the ``Community Group'') to provide regular and continuing input to the
Secretary and the Secretary of the Air Force on matters involving
public access to, use of, and overall management of the BLM land.
(b) Membership.--
(1) In general.--The Secretary (acting through the State
Bureau of Land Management Office) shall appoint members to the
Community Group, including--
(A) operational and land management personnel of
the Air Force;
(B) 1 Indian representative, to be nominated by a
majority vote conducted among the Indian tribes in the
vicinity of the BLM land;
(C) not more than 2 county commissioners from each
of Box Elder, Tooele, and Juab Counties, Utah;
(D) 2 representatives of off-road and highway use,
hunting, and other recreational groups;
(E) 2 representatives of livestock grazers on any
public land located within the BLM land;
(F) 1 representative of the Utah Department of
Agriculture and Food; and
(G) not more than 3 representatives of State or
Federal offices or agencies, or private groups, if the
Secretary determines that such representatives would
further the goals and objectives of the Community
Group.
(2) Chairperson.--The members described in paragraph (1)
shall elect from among the members of the Community Group--
(A) 1 member to serve as Chairperson of the
Community Group; and
(B) 1 member to serve as Vice-Chairperson of the
Community Group.
(c) Conditions and Terms of Appointment.--
(1) In general.--Each member of the Community Group shall
serve voluntarily and without remuneration.
(2) Term of appointment.--
(A) In general.--Each member of the Community Group
shall be appointed for a term of 4 years.
(B) Original members.--Notwithstanding subparagraph
(A), the Chairperson shall select \1/2\ of the original
members of the Community Group to serve for a term of 4
years and the \1/2\ to serve for a term of 2 years to
ensure the replacement of members shall be staggered
from year to year.
(C) Reappointment and replacement.--The Secretary
may reappoint or replace a member of the Community
Group appointed under subsection (b)(1), if--
(i) the term of the member has expired;
(ii) the member has retired; or
(iii) the position held by the member
described in subparagraphs (A) through (G) of
paragraph (1) has changed to the extent that
the ability of the member to represent the
group or entity that the member represents has
been significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not less
than once per year, and at such other frequencies as determined
by five or more of the members of the Community Group.
(2) Responsibilities of community group.--The Community
Group shall be responsible for determining appropriate
schedules for, details of, and actions for meetings of the
Community Group.
(3) Notice.--The Chairperson shall provide notice to each
member of the Community Group not less than 10 business days
before the date of a scheduled meeting.
(4) Exempt from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to meetings of the Community Group.
(e) Coordination With Recommendations of Community Group.--The
Secretary and the Secretary of the Air Force, consistent with existing
laws (including regulations), shall take under consideration
recommendations from the Community Group.
(f) Termination of Authority.--The Community Group shall terminate
on the date that is 7 years after the date of enactment of this Act,
unless the Secretary and the Community Group mutually elect to
terminate the Community Group before that date.
(g) Renewal.--The Community Group may elect, by simple majority, to
renew the term of the Community Group for 7 years, upon or within 90
days of termination, with the option to renew every 7 years thereafter.
SEC. 104. LIABILITY.
The United States (including all departments, agencies, officers,
and employees of the United States) shall be held harmless and shall
not be liable for any injury or damage to any individual or property
suffered in the course of any mining, mineral, or geothermal activity,
or any other authorized nondefense-related activity, conducted on the
BLM land.
SEC. 105. EFFECTS OF TITLE.
(a) Effect on Weapon Impact Area.--Nothing in this title expands
the boundaries of the weapon impact area of the Utah Test and Training
Range.
(b) Effect on Special Use Airspace and Training Routes.--Nothing in
this title precludes--
(1) the designation of new units of special use airspace;
or
(2) the expansion of existing units of special use
airspace.
(c) Effect on Existing Rights and Agreements.--
(1) Knolls special recreation management area; blm
community pits central grayback and south grayback.--Except as
provided in section 102, nothing in this title limits or alters
any existing right or right of access to--
(A) the Knolls Special Recreation Management Area;
or
(B)(i) the Bureau of Land Management Community Pits
Central Grayback and South Grayback; and
(ii) any other county or community pit located
within close proximity to the BLM land.
(2) National historic trails and other historical
landmarks.--Except as provided in section 102, nothing in this
title limits or alters any existing right or right of access to
a component of the National Trails System or other Federal or
State historic landmarks within the BLM land, including the
California National Historic Trail, the Pony Express National
Historic Trail, or the GAPA Launch Site and Blockhouse.
(3) Closure of interstate 80.--Nothing in this title
authorizes any additional authority or right to the Secretary
or the Secretary of the Air Force to temporarily close
Interstate 80.
(4) Effect on limitation on amendments to certain
individual resource management plans.--Nothing in this title
affects the limitation established under section 2815(d) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 852).
(5) Effect on memorandum of understanding.--Nothing in this
title affects the memorandum of understanding entered into by
the Air Force, the Bureau of Land Management, the Utah
Department of Natural Resources, and the Utah Division of
Wildlife Resources relating to the reestablishment of bighorn
sheep in the Newfoundland Mountains and signed by the parties
to the memorandum of understanding during the period beginning
on January 24, 2000, and ending on February 4, 2000.
(6) Effect on existing military special use airspace
agreement.--Nothing in this title limits or alters the Military
Operating Areas of Airspace Use Agreement between the Federal
Aviation Administration and the Air Force in effect on the date
of enactment of this Act.
(d) Effect on Water Rights.--
(1) No reservation created.--Nothing in this title--
(A) establishes any reservation in favor of the
United States with respect to any water or water right
on the BLM land; or
(B) authorizes any appropriation of water on the
BLM land, except in accordance with applicable State
law.
(2) Previously acquired and reserved water rights.--Nothing
in this title affects--
(A) any water right acquired or reserved by the
United States before the date of enactment of this Act;
or
(B) the authority of the Secretary or the Secretary
of the Air Force, as applicable, to exercise any water
right described in subparagraph (A).
(3) No effect on mccarran amendment.--Nothing in this title
diminishes, enhances, or otherwise affects in any way the
rights, duties, and obligations of the United States, the State
of Utah, the counties in which the BLM land is situated, and
the residents and stakeholders in those counties under section
208 of the Act of July 10, 1952 (commonly known as the
``McCarran Amendment'') (43 U.S.C. 666).
(e) Effect on Federally Recognized Indian Tribes.--
(1) In general.--Nothing in this title alters any right
reserved by treaty or Federal law for a federally recognized
Indian tribe for tribal use.
(2) Consultation.--The Secretary of the Air Force shall
consult with any federally recognized Indian tribe in the
vicinity of the BLM land before taking any action that will
affect any tribal right or cultural resource protected by
treaty or Federal law.
(f) Effect on Payments in Lieu of Taxes.--
(1) Eligibility of blm land and non-federal land.--The BLM
land and the non-Federal land described in section 202(3) shall
remain eligible as entitlement land under section 6901 of title
31, United States Code.
(2) No prejudice to county payment in lieu of taxes
rights.--Nothing in this title diminishes, enhances, or
otherwise affects any other right or entitlement of the
counties in which the BLM land is situated to payments in lieu
of taxes based on the BLM land, under section 6901 of title 31,
United States Code.
(g) Wildlife Guzzlers.--
(1) In general.--The Bureau of Land Management and the Utah
Division of Wildlife Resources shall continue the management of
wildlife guzzlers in existence as of the date of enactment of
this Act on the BLM land.
(2) New guzzlers.--Nothing in this title prevents the
Bureau of Land Management and the Utah Division of Wildlife
Resources from entering into agreements for new wildlife
guzzlers.
(3) Acquired guzzlers.--The Secretary shall continue to
manage existing wildlife guzzlers or wildlife improvements on
the non-Federal land conveyed to the Secretary under section
203(a) that were in existence on the day before the date of the
conveyance.
(h) Rangeland Improvements.--The Secretary shall continue to
manage, in a manner that promotes and facilitates grazing--
(1) rangeland improvements on the BLM land that are in
existence on the date of enactment of this Act; and
(2) rangeland improvements on the non-Federal land conveyed
to the Secretary under section 203(a) that were in existence on
the day before the date of the conveyance.
(i) New Rangeland Improvements.--Nothing in this title prevents the
Bureau of Land Management, the Utah Department of Agriculture or other
State entity, or a Federal land permittee from entering into agreements
for new rangeland improvements that promote and facilitate grazing.
(j) School and Institutional Trust Lands Administration.--The
Bureau of Land Management shall maintain rangeland grazing improvements
in existence as of the date of enactment of this Act on acquired land
of the School and Institutional Trust Lands Administration.
TITLE II--LAND EXCHANGE
SEC. 201. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the State owns approximately 68,057 acres of land and
approximately 10,280 acres of mineral interests located within
the Utah Test and Training Range in Box Elder, Tooele, and Juab
Counties, Utah;
(2) the State owns approximately 2,353 acres of land and
approximately 3,560 acres of mineral interests located wholly
or partially within the Cedar Mountains Wilderness in Tooele
County, Utah;
(3) the parcels of State land described in paragraphs (1)
and (2)--
(A) were granted by Congress to the State pursuant
to 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; and
(B) are largely scattered in checkerboard fashion
among Federal land;
(4) continued State ownership and development of State
trust land within the Utah Test and Training Range and the
Cedar Mountains Wilderness is incompatible with--
(A) the critical national defense uses of the Utah
Test and Training Range; and
(B) the Federal management of the Cedar Mountains
Wilderness; and
(5) it is in the public interest of the United States to
acquire in a timely manner all State trust land within the Utah
Test and Training Range and the Cedar Mountains Wilderness, in
exchange for the conveyance of the Federal land to the State,
in accordance with the terms and conditions described in this
title.
(b) Purpose.--It is the purpose of this title to direct,
facilitate, and expedite the exchange of certain Federal land and non-
Federal land between the United States and the State.
SEC. 202. DEFINITIONS.
In this title:
(1) Exchange map.--The term ``Exchange Map'' means the map
prepared by the Bureau of Land Management entitled ``Utah Test
and Training Range Enhancement/West Desert Land Exchange'' and
dated February 12, 2016.
(2) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land located in Box Elder, Millard,
Juab, Tooele, and Beaver Counties, Utah, that is identified on
the Exchange Map as ``BLM Lands Proposed for Transfer to State
Trust Lands''.
(3) Non-federal land.--The term ``non-Federal land'' means
the land owned by the State in Box Elder, Tooele, and Juab
Counties, Utah, that is identified on the Exchange Map as--
(A) ``State Trust Land Proposed for Transfer to
BLM''; and
(B) ``State Trust Minerals Proposed for Transfer to
BLM''.
(4) State.--The term ``State'' means the State of Utah,
acting through the School and Institutional Trust Lands
Administration.
SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest 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 the
Federal land.
(b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by one or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions.
(3) Mineral land.--
(A) Mineral reports.--The appraisals under
paragraph (1) shall take into account mineral and
technical reports provided by the Secretary and the
State in the evaluation of mineral deposits in the
Federal land and non-Federal land.
(B) Mining claims.--An appraisal of any parcel of
Federal land that is encumbered by a mining or millsite
claim located under sections 2318 through 2352 of the
Revised Statutes (commonly known as the ``Mining Law of
1872'') (30 U.S.C. 21 et seq.) shall take into account
the encumbrance created by the claim for purposes of
determining the value of the parcel of the Federal
land.
(C) Validity examination.--Nothing in this title
requires the United States to conduct a mineral
examination for any mining claim on the Federal land.
(4) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(5) Dispute resolution.--If, by the date that is 90 days
after the date of submission of an appraisal for review and
approval under this subsection, the Secretary or the State do
not agree to accept the findings of the appraisals with respect
to one or more parcels of Federal land or non-Federal land, the
dispute shall be resolved in accordance with section 206(d)(2)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)(2)).
(6) Duration.--The appraisals conducted under paragraph (1)
shall remain valid until the date of the completion of the
exchange authorized under this title.
(7) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Conveyance of Title.--The land exchange authorized under this
title shall be completed by the later of--
(1) the date that is 1 year after the date of final
approval by the Secretary and the State of the appraisals
conducted under subsection (d); and
(2) the date that is 1 year after the date of completion of
the dispute resolution process authorized under subsection
(d)(5).
(f) Public Inspection and Notice.--
(1) Public inspection.--At least 30 days before the date of
conveyance of the Federal land and non-Federal land, all final
appraisals and appraisal reviews for land to be exchanged under
this section shall be available for public review at the office
of the State Director of the Bureau of Land Management in the
State of Utah.
(2) Notice.--The Secretary or the State, as applicable,
shall publish in a newspaper of general circulation in Salt
Lake County, Utah, a notice that the appraisals conducted under
subsection (d) are available for public inspection.
(g) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--
(i) In general.--If the value of the
Federal land exceeds the value of the non-
Federal land, the value of the Federal land and
non-Federal land shall be equalized by the
State conveying to the United States--
(I) State trust land parcel 1, as
described in the assessment entitled
``Bureau of Land Management
Environmental Assessment UT-100-06-
EA'', numbered UTU-82090, and dated
March 2008; or
(II) State trust land located
within any of the wilderness areas or
national conservation areas in
Washington County, Utah, established
under subtitle O of title I of the
Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat.
1075) that has an appraised value equal
to the difference between--
(aa) the value of the
Federal land; and
(bb) the value of the non-
Federal land.
(ii) Order of conveyances.--Any non-Federal
land required to be conveyed to the United
States under clause (i) shall be conveyed until
the value of the Federal land and non-Federal
land is equalized, in the following order:
(I) The State trust land parcel
described in clause (i)(I).
(II) State trust land parcels
located in the Red Cliffs National
Conservation Area.
(III) State trust land parcels
located in the Docs Pass Wilderness.
(IV) State trust land parcels
located in the Beaver Dam Wash National
Conservation Area.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and the non-Federal
land shall be equalized by the Secretary making a cash
equalization payment to the State, in accordance with
section 206(b) of the Federal Land Policy Management
(43 U.S.C. 1716(b)).
(h) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land to be
conveyed to the State under this section is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER EXCHANGE.
(a) Non-Federal Land Within Utah Test and Training Range.--On
conveyance to the United States under this title, the non-Federal land
located within the Utah Test and Training Range shall be managed in
accordance with the memorandum of agreement entered into under section
101(a).
(b) Non-Federal Land Within Cedar Mountains Wilderness.--On
conveyance to the United States under this title, the non-Federal land
located within the Cedar Mountains Wilderness shall, in accordance with
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C.
1716(c)), be added to, and administered as part of, the Cedar Mountains
Wilderness.
SEC. 205. HAZARDOUS MATERIALS.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous materials on land acquired under
this title shall be paid by those entities responsible for the costs
under applicable law.
(b) Remediation of Prior Testing and Training Activity.--The
Department of Defense shall bear all costs of evaluation, management,
and remediation caused by the previous testing of military weapons
systems and the training of military forces on non-Federal land to be
conveyed to the United States under this title.
TITLE III--HIGHWAY RIGHTS-OF-WAY
SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-OF-WAY.
(a) Definitions.--In this section:
(1) Highway right-of-way.--The term ``highway right-of-
way'' means a right-of-way across Federal land for all Class B
and Class D R.S. 2477 roads in the Counties of Box Elder,
Tooele, and Juab, in the State of Utah, according to the
transportation map and centerline descriptions of each county
in existence as of March 1, 2015.
(2) Map.--The term ``transportation map and centerline
description'' means--
(A) the map titled ``Box Elder County R.S. 2477
Rights-of-Way'' and accompanying GPS centerline data
kept and maintained by the Utah Public Lands Policy
Coordinating Office showing the locations and routes of
all county claimed roads across Bureau of Land
Management lands in Box Elder County, Utah;
(B) the map titled ``Tooele County R.S. 2477
Roads'' and accompanying GPS centerline data kept and
maintained by the Utah Public Lands Policy Coordinating
Office showing the locations and routes of all county
claimed roads across Bureau of Land Management lands in
Tooele County, Utah; and
(C) the map titled ``Juab County R.S. 2477 Rights-
of-Way'' and accompanying GPS centerline data kept and
maintained by the Utah Public Lands Policy Coordinating
Office showing the locations and routes of all county
claimed roads across Bureau of Land Management lands in
Juab County, Utah.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
land administered by the Chief of the Forest Service;
or
(B) the Secretary of the Interior, with respect to
land administered by the Director of the Bureau of Land
Management.
(b) Recognition of Existence and Validity of Rights-of-Way.--
Congress recognizes the existence and validity of each of the highway
rights-of-way identified on the official transportation maps and
centerline descriptions.
(c) Conveyance of an Easement Across Federal Land.--
(1) Box elder county, utah.--The Secretary shall convey,
without consideration, to Box Elder County, Utah, and the State
of Utah as joint tenants with undivided interests, easements
for motorized travel rights-of-way across Federal land for all
Class B and Class D R.S. 2477 roads shown and described in the
map and centerline description of the county described in
subsection (a)(2)(A).
(2) Tooele county, utah.--The Secretary shall convey,
without consideration, to Tooele County, Utah, and the State of
Utah as joint tenants with undivided interests, easements for
motorized travel rights-of-way across Federal land for all
Class B and Class D R.S. 2477 roads shown and described in the
transportation map and centerline description of the county
described in subsection (a)(2)(B).
(3) Juab county, utah.--The Secretary shall convey, without
consideration, to Juab County, Utah, and the State of Utah as
joint tenants with undivided interests, easements for motorized
travel rights-of-way across Federal land for all Class B and
Class D R.S. 2477 roads shown and described in the map and
centerline description of the county described in subsection
(a)(2)(C).
(d) Description of Federal Land Subject to Easement.--
(1) In general.--All easements under subsection (c) shall
include--
(A) the current disturbed width of each subject
highway as shown and described in the official
transportation maps and centerline descriptions; and
(B) any additional acreage on either side of the
disturbed width that the respective county
transportation department determines is necessary for
the efficient maintenance, repair, signage,
administration, and use of the Federal land subject to
the easement.
(2) Description.--
(A) In general.--The exact acreage and legal
description of the Federal land subject to the
easements conveyed under subsection (c) shall be--
(i) as described in the centerline
descriptions;
(ii) as referenced in the official
transportation maps; and
(iii) as described and referenced according
to the disturbed width of each highway as of
the date of conveyance for travel purposes,
plus any reasonable additional width as may be
necessary for surface maintenance, repairs, and
turnaround purposes.
(B) Survey not required.--Notwithstanding any other
provision of law, the conveyance of easements under
subsection (c) shall be effective without a survey of
the exact acreage and local description of the Federal
land subject to the easements.
(e) Retention of Maps and Centerline Descriptions.--The maps and
centerline descriptions referred to in clauses (i) and (ii) of
subsection (d)(2)(A) shall be on file in the appropriate office of the
Secretary.
Union Calendar No. 670
114th CONGRESS
2d Session
H. R. 4579
[Report No. 114-857, Part I]
_______________________________________________________________________
A BILL
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, and for other purposes.
_______________________________________________________________________
December 8, 2016
Reported from the Committee on Natural Resources with an amendment
December 8, 2016
The Committee on Armed Services discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed