Utah School and Institutional Trust Lands Administration Exchange Act of 2023

II Calendar No. 305 118TH CONGRESS 2D SESSION S. 1405 [Report No. 118–153] To provide for the exchange of certain Federal land and State land in the State of Utah. IN THE SENATE OF THE UNITED STATES MAY 2, 2023 Mr. LEE (for himself and Mr. ROMNEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources JANUARY 9, 2024 Reported by Mr. MANCHIN, without amendment 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Utah School and Insti- 4 tutional Trust Lands Administration Exchange Act of 5 2023’’. 6 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 2 •S 1405 RS SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) ADMINISTRATION.—The term ‘‘Administra- 3 tion’’ means the Utah School and Institutional Trust 4 Lands Administration. 5 (2) AGREEMENT.—The term ‘‘Agreement’’ 6 means the agreement between the Administration, 7 the State, and the Secretary to exchange certain 8 Federal land and interests in Federal land for cer- 9 tain State land and interests in State land managed 10 by the Administration entitled ‘‘Memorandum of 11 Understanding—Exchange of Lands’’ and dated 12 March 17, 2023. 13 (3) LEGAL DESCRIPTION.—The term ‘‘Legal 14 Description’’ means a legal description that is in- 15 cluded in Exhibit A to the Agreement and that is 16 part of the Agreement as of the date of the convey- 17 ance of the applicable land under this Act. 18 (4) MAP.—The term ‘‘Map’’ means the map de- 19 scribed in the Agreement. 20 (5) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of the Interior. 22 (6) STATE.—The term ‘‘State’’ means the State 23 of Utah. 24 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 3 •S 1405 RS SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE AD- 1 MINISTRATION, THE STATE OF UTAH, AND 2 THE SECRETARY OF THE INTERIOR. 3 (a) RATIFICATION.—All terms, conditions, proce- 4 dures, covenants, reservations, and other provisions in- 5 cluded in the Agreement— 6 (1) shall be considered to be in the public inter- 7 est; 8 (2) are incorporated by reference into this Act; 9 (3) are ratified and confirmed by Congress; and 10 (4) set forth the obligations of the United 11 States, the State, and the Administration under the 12 Agreement as a matter of Federal law. 13 (b) IMPLEMENTATION.—The Secretary shall imple- 14 ment the Agreement. 15 SEC. 4. CONVEYANCES. 16 (a) PUBLIC INTEREST DETERMINATION.—The land 17 exchange directed by the Agreement shall be considered 18 to be in the public interest. 19 (b) AUTHORIZATION.— 20 (1) CONVEYANCES.—Notwithstanding any other 21 provision of law, the conveyances of land and inter- 22 ests in land described in paragraphs (2), (3), and 23 (5) of the Agreement shall be executed in accordance 24 with this Act and the Agreement. 25 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 4 •S 1405 RS (2) DEADLINE FOR CERTAIN CONVEYANCES.— 1 The conveyances of land and interests in land de- 2 scribed in paragraphs (2) and (3) of the Agreement 3 shall be completed not later than 45 days after the 4 date of enactment of this Act. 5 (3) REQUIREMENT.—If necessary, the convey- 6 ances of land and interests in land described in the 7 Agreement shall be equalized in accordance with sec- 8 tion 5(b). 9 (c) MAP AND LEGAL DESCRIPTIONS.— 10 (1) PUBLIC AVAILABILITY.—The Map and 11 Legal Descriptions shall be on file and available for 12 public inspection in the offices of the Secretary and 13 the State Director of the Bureau of Land Manage- 14 ment. 15 (2) CONFLICT.—In the case of any conflict be- 16 tween the Map and the Legal Descriptions, the 17 Legal Descriptions shall control. 18 (3) TECHNICAL CORRECTIONS.—Nothing in this 19 Act prevents the Secretary and the Administration 20 from agreeing to the correction of technical errors or 21 omissions in the Map or Legal Descriptions. 22 (d) ADEQUACY OF APPLICABLE PLANS.—A convey- 23 ance of Federal land or an interest in Federal land to the 24 State under the Agreement shall be considered to comply 25 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 5 •S 1405 RS with any applicable land use plan developed under section 1 202 of the Federal Land Policy and Management Act of 2 1976 (43 U.S.C. 1712). 3 SEC. 5. EQUALIZATION OF THE EXCHANGE. 4 (a) APPRAISAL.— 5 (1) IN GENERAL.—Not later than 18 months 6 after the date of execution of the exchange under 7 section 4, the total value of the land exchanged shall 8 be determined by an appraisal in accordance with 9 paragraph (5) of the Agreement, that shall— 10 (A) be based on land and mineral values 11 determined as of the date of enactment of this 12 Act; 13 (B) be conducted in accordance with sec- 14 tion 206(d) of the Federal Land Policy and 15 Management Act of 1976 (43 U.S.C. 1716(d)); 16 and 17 (C) use nationally recognized appraisal 18 standards, including— 19 (i) the Uniform Appraisal Standards 20 for Federal Land Acquisitions; and 21 (ii) the Uniform Standards of Profes- 22 sional Appraisal Practice. 23 (2) MINERALS.— 24 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 6 •S 1405 RS (A) MINERAL REPORTS.—The appraisals 1 conducted under paragraph (1) may take into 2 account mineral and technical reports provided 3 by the Secretary and the Administration in the 4 evaluation of mineral deposits in the land and 5 interests in land exchanged under the Agree- 6 ment. 7 (B) MINING CLAIMS.—The appraisal of 8 any parcel of Federal land or interest in Fed- 9 eral land that is encumbered by a mining claim, 10 mill site, or tunnel site located under the min- 11 ing laws shall be conducted in accordance with 12 standard appraisal practices, including, as ap- 13 propriate, the Uniform Appraisal Standards for 14 Federal Land Acquisition. 15 (C) VALIDITY EXAMINATIONS.—Nothing in 16 this paragraph requires the United States to 17 conduct a mineral examination for any mining 18 claim on the Federal land or interest in Federal 19 land conveyed under the Agreement. 20 (3) ADJUSTMENT.— 21 (A) IN GENERAL.—If value is attributed to 22 any parcel of Federal land or interest in Fed- 23 eral land through an appraisal under paragraph 24 (1) based on the presence of minerals subject to 25 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 7 •S 1405 RS leasing under the Mineral Leasing Act (30 1 U.S.C. 181 et seq.), the value of the parcel or 2 interest in Federal land (as otherwise estab- 3 lished under this subsection) shall be reduced 4 by the percentage of the applicable Federal rev- 5 enue sharing obligation under section 35(a) of 6 the Mineral Leasing Act (30 U.S.C. 191(a)). 7 (B) LIMITATION.—Any adjustment under 8 subparagraph (A) shall not be considered to be 9 a property right of the State. 10 (4) APPROVAL; DURATION.—An appraisal con- 11 ducted under paragraph (1) shall— 12 (A) be submitted to the Secretary and the 13 Administration for approval; and 14 (B) remain valid for 3 years after the date 15 on which the appraisal is approved by the Sec- 16 retary and the Administration under subpara- 17 graph (A). 18 (5) DISPUTE RESOLUTION.—If, by the date 19 that is 90 days after the date of submission of an 20 appraisal for review and approval under paragraph 21 (4)(A), the Secretary and the Administration do not 22 agree to accept the findings of the appraisal with re- 23 spect to any parcel of land or interest in land to be 24 exchanged, the dispute shall be resolved in accord- 25 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 8 •S 1405 RS ance with section 206(d)(2) of the Federal Land 1 Policy and Management Act of 1976 (43 U.S.C. 2 1716(d)(2)). 3 (b) EQUALIZATION OF VALUES.—If the total value 4 of the State land described in paragraph (2) of the Agree- 5 ment and the total value of the Federal land and interests 6 in Federal land described in paragraph (3) of the Agree- 7 ment, as determined under subsection (a), are not equal— 8 (1) the value shall be equalized in accordance 9 with paragraph (5) of the Agreement; and 10 (2) the conveyance of equalization parcels, in 11 accordance with paragraph (5) of the Agreement, 12 shall occur not later than 45 days after the date of 13 the identification of the appraised equalization par- 14 cels or portions of parcels to be conveyed to ensure 15 that the exchange is of equal value. 16 SEC. 6. WITHDRAWALS. 17 (a) WITHDRAWAL OF FEDERAL LAND FROM MIN- 18 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex- 19 isting rights, the Federal land and interests in Federal 20 land to be conveyed to the State under section 4(b) are 21 withdrawn from mineral location, entry, and patent under 22 the mining laws pending conveyance of the Federal land 23 and interests in Federal land to the State. 24 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 9 •S 1405 RS (b) WITHDRAWAL OF STATE LAND CONVEYED TO 1 THE UNITED STATES.—Subject to valid existing rights, 2 on the date of acquisition by the United States, the State 3 land described in paragraph (2) of the Agreement acquired 4 by the United States under section 4(b), to the extent not 5 subject to previous withdrawals, is permanently withdrawn 6 from all forms of appropriation and disposal under— 7 (1) the public land laws (including the mining 8 and mineral leasing laws); and 9 (2) the Geothermal Steam Act of 1970 (30 10 U.S.C. 1001 et seq.). 11 (c) WITHDRAWAL REVOCATION.—Any withdrawal of 12 the parcels of Federal land and interests in Federal land 13 described in paragraph (3) of the Agreement to be con- 14 veyed to the State under section 4(b) from appropriation 15 or disposal under a public land law shall be revoked to 16 the extent necessary to permit the conveyance of the Fed- 17 eral land parcel to the State free of any encumbrances 18 associated with power site reserves or classifications. 19 SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS. 20 The Act of January 7, 1921 (41 Stat. 1087, chapter 21 13), is amended by adding at the end the following: 22 ‘‘SEC. 5. CERTAIN EXCLUSIONS. 23 ‘‘Notwithstanding any other provision of this Act, the 24 provisions of this Act of shall not apply to the following: 25 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 10 •S 1405 RS ‘‘(1) S1⁄2SW1⁄4 sec 34, T. 13 S., R. 14 E., of 1 the Salt Lake Meridian. 2 ‘‘(2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, 3 S1⁄2N1⁄2 and S1⁄2, of the Salt Lake Meridian. 4 ‘‘(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, 5 S1⁄2NW1⁄4 and SW1⁄4, of the Salt Lake Meridian. 6 ‘‘(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, 7 NE1⁄4, W1⁄2, and N1⁄2SE1⁄4, of the Salt Lake Merid- 8 ian. 9 ‘‘(5) T. 14 S., R. 14 E., sec. 14, of the Salt 10 Lake Meridian.’’. 11 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1405.RS S1405 Calendar No. 305 118TH CONGRESS 2D SESSION S. 1405 [Report No. 118–153] A BILL To provide for the exchange of certain Federal land and State land in the State of Utah. JANUARY 9, 2024 Reported without amendment VerDate Sep 11 2014 23:17 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\S1405.RS S1405