[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3049 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3049
To provide for the exchange of certain Federal land and State land in
the State of Utah.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 2, 2023
Mr. Curtis (for himself, Mr. Stewart, Mr. Moore of Utah, and Mr. Owens)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To provide for the exchange of certain Federal land and State land in
the State of Utah.
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 School and Institutional Trust
Lands Administration Exchange Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administration.--The term ``Administration'' means the
Utah School and Institutional Trust Lands Administration.
(2) Agreement.--The term ``Agreement'' means the agreement
between the Administration, the State, and the Secretary to
exchange certain Federal land and interests in Federal land for
certain State land and interests in State land managed by the
Administration entitled ``Memorandum of Understanding--Exchange
of Lands'' and dated March 17, 2023.
(3) Legal description.--The term ``Legal Description''
means a legal description that is included in Exhibit A to the
Agreement and that is part of the Agreement as of the date of
the conveyance of the applicable land under this Act.
(4) Map.--The term ``Map'' means the map described in the
Agreement.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE ADMINISTRATION, THE STATE
OF UTAH, AND THE SECRETARY OF THE INTERIOR.
(a) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions included in the Agreement--
(1) shall be considered to be in the public interest;
(2) are incorporated by reference into this Act;
(3) are ratified and confirmed by Congress; and
(4) set forth the obligations of the United States, the
State, and the Administration under the Agreement as a matter
of Federal law.
(b) Implementation.--The Secretary shall implement the Agreement.
SEC. 4. CONVEYANCES.
(a) Public Interest Determination.--The land exchange directed by
the Agreement shall be considered to be in the public interest.
(b) Authorization.--
(1) Conveyances.--Notwithstanding any other provision of
law, the conveyances of land and interests in land described in
paragraphs (2), (3), and (5) of the Agreement shall be executed
in accordance with this Act and the Agreement.
(2) Deadline for certain conveyances.--The conveyances of
land and interests in land described in paragraphs (2) and (3)
of the Agreement shall be completed not later than 45 days
after the date of enactment of this Act.
(3) Requirement.--If necessary, the conveyances of land and
interests in land described in the Agreement shall be equalized
in accordance with section 5(b).
(c) Map and Legal Descriptions.--
(1) Public availability.--The Map and Legal Descriptions
shall be on file and available for public inspection in the
offices of the Secretary and the State Director of the Bureau
of Land Management.
(2) Conflict.--In the case of any conflict between the Map
and the Legal Descriptions, the Legal Descriptions shall
control.
(3) Technical corrections.--Nothing in this Act prevents
the Secretary and the Administration from agreeing to the
correction of technical errors or omissions in the Map or Legal
Descriptions.
(d) Adequacy of Applicable Plans.--A conveyance of Federal land or
an interest in Federal land to the State under the Agreement shall be
considered to comply with any applicable land use plan developed under
section 202 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712).
SEC. 5. EQUALIZATION OF THE EXCHANGE.
(a) Appraisal.--
(1) In general.--Not later than 18 months after the date of
execution of the exchange under section 4, the total value of
the land exchanged shall be determined by an appraisal in
accordance with paragraph (5) of the Agreement, that shall--
(A) be based on land and mineral values determined
as of the date of enactment of this Act;
(B) be conducted in accordance with section 206(d)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)); and
(C) use nationally recognized appraisal standards,
including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(2) Minerals.--
(A) Mineral reports.--The appraisals conducted
under paragraph (1) may take into account mineral and
technical reports provided by the Secretary and the
Administration in the evaluation of mineral deposits in
the land and interests in land exchanged under the
Agreement.
(B) Mining claims.--The appraisal of any parcel of
Federal land or interest in Federal land that is
encumbered by a mining claim, mill site, or tunnel site
located under the mining laws shall be conducted in
accordance with standard appraisal practices,
including, as appropriate, the Uniform Appraisal
Standards for Federal Land Acquisition.
(C) Validity examinations.--Nothing in this
paragraph requires the United States to conduct a
mineral examination for any mining claim on the Federal
land or interest in Federal land conveyed under the
Agreement.
(3) Adjustment.--
(A) In general.--If value is attributed to any
parcel of Federal land or interest in Federal land
through an appraisal under paragraph (1) based on the
presence of minerals subject to leasing under the
Mineral Leasing Act (30 U.S.C. 181 et seq.), the value
of the parcel or interest in Federal land (as otherwise
established under this subsection) shall be reduced by
the percentage of the applicable Federal revenue
sharing obligation under section 35(a) of the Mineral
Leasing Act (30 U.S.C. 191(a)).
(B) Limitation.--Any adjustment under subparagraph
(A) shall not be considered to be a property right of
the State.
(4) Approval; duration.--An appraisal conducted under
paragraph (1) shall--
(A) be submitted to the Secretary and the
Administration for approval; and
(B) remain valid for 3 years after the date on
which the appraisal is approved by the Secretary and
the Administration under subparagraph (A).
(5) Dispute resolution.--If, by the date that is 90 days
after the date of submission of an appraisal for review and
approval under paragraph (4)(A), the Secretary and the
Administration do not agree to accept the findings of the
appraisal with respect to any parcel of land or interest in
land to be exchanged, 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)).
(b) Equalization of Values.--If the total value of the State land
described in paragraph (2) of the Agreement and the total value of the
Federal land and interests in Federal land described in paragraph (3)
of the Agreement, as determined under subsection (a), are not equal--
(1) the value shall be equalized in accordance with
paragraph (5) of the Agreement; and
(2) the conveyance of equalization parcels, in accordance
with paragraph (5) of the Agreement, shall occur not later than
45 days after the date of the identification of the appraised
equalization parcels or portions of parcels to be conveyed to
ensure that the exchange is of equal value.
SEC. 6. WITHDRAWALS.
(a) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land and
interests in Federal land to be conveyed to the State under section
4(b) are withdrawn from mineral location, entry, and patent under the
mining laws pending conveyance of the Federal land and interests in
Federal land to the State.
(b) Withdrawal of State Land Conveyed to the United States.--
Subject to valid existing rights, on the date of acquisition by the
United States, the State land described in paragraph (2) of the
Agreement acquired by the United States under section 4(b), to the
extent not subject to previous withdrawals, is permanently withdrawn
from all forms of appropriation and disposal under--
(1) the public land laws (including the mining and mineral
leasing laws); and
(2) the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.).
(c) Withdrawal Revocation.--Any withdrawal of the parcels of
Federal land and interests in Federal land described in paragraph (3)
of the Agreement to be conveyed to the State under section 4(b) from
appropriation or disposal under a public land law shall be revoked to
the extent necessary to permit the conveyance of the Federal land
parcel to the State free of any encumbrances associated with power site
reserves or classifications.
SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS.
The Act of January 7, 1921 (41 Stat. 1087, chapter 13), is amended
by adding at the end the following:
``SEC. 5. CERTAIN EXCLUSIONS.
``Notwithstanding any other provision of this Act, the provisions
of this Act of shall not apply to the following:
``(1) S\1/2\SW\1/4\ sec 34, T. 13 S., R. 14 E., of the Salt
Lake Meridian.
``(2) Lots 1-4, T. 14 S., R. 14 E., sec. 11, S\1/2\N\1/2\
and S\1/2\, of the Salt Lake Meridian.
``(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, S\1/
2\NW\1/4\ and SW\1/4\, of the Salt Lake Meridian.
``(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, NE\1/4\,
W\1/2\, and N\1/2\SE\1/4\, of the Salt Lake Meridian.
``(5) T. 14 S., R. 14 E., sec. 14, of the Salt Lake
Meridian.''.
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