Utah School and Institutional Trust Lands Administration Exchange Act of 2023

IB Union Calendar No. 743 118TH CONGRESS 2D SESSION H. R. 3049 [Report No. 118–909] 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 Com- mittee on Natural Resources DECEMBER 18, 2024 Additional sponsor: Ms. MALOY DECEMBER 18, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 3049 RH A BILL To provide for the exchange of certain Federal land and State land in the State of Utah. VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 3049 RH 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 SEC. 2. DEFINITIONS. 7 In this Act: 8 (1) ADMINISTRATION.—The term ‘‘Administra- 9 tion’’ means the Utah School and Institutional Trust 10 Lands Administration. 11 (2) AGREEMENT.—The term ‘‘Agreement’’ 12 means the agreement between the Administration, 13 the State, and the Secretary to exchange certain 14 Federal land and interests in Federal land for cer- 15 tain State land and interests in State land managed 16 by the Administration entitled ‘‘Memorandum of 17 Understanding—Exchange of Lands’’ and dated 18 March 17, 2023. 19 (3) LEGAL DESCRIPTION.—The term ‘‘Legal 20 Description’’ means a legal description that is in- 21 cluded in Exhibit A to the Agreement and that is 22 part of the Agreement as of the date of the convey- 23 ance of the applicable land under this Act. 24 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 3049 RH (4) MAP.—The term ‘‘Map’’ means the map de- 1 scribed in the Agreement. 2 (5) SECRETARY.—The term ‘‘Secretary’’ means 3 the Secretary of the Interior. 4 (6) STATE.—The term ‘‘State’’ means the State 5 of Utah. 6 SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE AD- 7 MINISTRATION, THE STATE OF UTAH, AND 8 THE SECRETARY OF THE INTERIOR. 9 (a) RATIFICATION.—All terms, conditions, proce- 10 dures, covenants, reservations, and other provisions in- 11 cluded in the Agreement— 12 (1) shall be considered to be in the public inter- 13 est; 14 (2) are incorporated by reference into this Act; 15 (3) are ratified and confirmed by Congress; and 16 (4) set forth the obligations of the United 17 States, the State, and the Administration under the 18 Agreement as a matter of Federal law. 19 (b) IMPLEMENTATION.—The Secretary shall imple- 20 ment the Agreement. 21 SEC. 4. CONVEYANCES. 22 (a) PUBLIC INTEREST DETERMINATION.—The land 23 exchange directed by the Agreement shall be considered 24 to be in the public interest. 25 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 3049 RH (b) AUTHORIZATION.— 1 (1) CONVEYANCES.—Notwithstanding any other 2 provision of law, the conveyances of land and inter- 3 ests in land described in paragraphs (2), (3), and 4 (5) of the Agreement shall be executed in accordance 5 with this Act and the Agreement. 6 (2) DEADLINE FOR CERTAIN CONVEYANCES.— 7 The conveyances of land and interests in land de- 8 scribed in paragraphs (2) and (3) of the Agreement 9 shall be completed not later than 45 days after the 10 date of enactment of this Act. 11 (3) REQUIREMENT.—If necessary, the convey- 12 ances of land and interests in land described in the 13 Agreement shall be equalized in accordance with sec- 14 tion 5(b). 15 (c) MAP AND LEGAL DESCRIPTIONS.— 16 (1) PUBLIC AVAILABILITY.—The Map and 17 Legal Descriptions shall be on file and available for 18 public inspection in the offices of the Secretary and 19 the State Director of the Bureau of Land Manage- 20 ment. 21 (2) CONFLICT.—In the case of any conflict be- 22 tween the Map and the Legal Descriptions, the 23 Legal Descriptions shall control. 24 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 3049 RH (3) TECHNICAL CORRECTIONS.—Nothing in this 1 Act prevents the Secretary and the Administration 2 from agreeing to the correction of technical errors or 3 omissions in the Map or Legal Descriptions. 4 (d) ADEQUACY OF APPLICABLE PLANS.—A convey- 5 ance of Federal land or an interest in Federal land to the 6 State under the Agreement shall be considered to comply 7 with any applicable land use plan developed under section 8 202 of the Federal Land Policy and Management Act of 9 1976 (43 U.S.C. 1712). 10 SEC. 5. EQUALIZATION OF THE EXCHANGE. 11 (a) APPRAISAL.— 12 (1) IN GENERAL.—Not later than 18 months 13 after the date of execution of the exchange under 14 section 4, the total value of the land exchanged shall 15 be determined by an appraisal in accordance with 16 paragraph (5) of the Agreement, that shall— 17 (A) be based on land and mineral values 18 determined as of the date of enactment of this 19 Act; 20 (B) be conducted in accordance with sec- 21 tion 206(d) of the Federal Land Policy and 22 Management Act of 1976 (43 U.S.C. 1716(d)); 23 and 24 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 7 •HR 3049 RH (C) use nationally recognized appraisal 1 standards, including— 2 (i) the Uniform Appraisal Standards 3 for Federal Land Acquisitions; and 4 (ii) the Uniform Standards of Profes- 5 sional Appraisal Practice. 6 (2) MINERALS.— 7 (A) MINERAL REPORTS.—The appraisals 8 conducted under paragraph (1) may take into 9 account mineral and technical reports provided 10 by the Secretary and the Administration in the 11 evaluation of mineral deposits in the land and 12 interests in land exchanged under the Agree- 13 ment. 14 (B) MINING CLAIMS.—The appraisal of 15 any parcel of Federal land or interest in Fed- 16 eral land that is encumbered by a mining claim, 17 mill site, or tunnel site located under the min- 18 ing laws shall be conducted in accordance with 19 standard appraisal practices, including, as ap- 20 propriate, the Uniform Appraisal Standards for 21 Federal Land Acquisition. 22 (C) VALIDITY EXAMINATIONS.—Nothing in 23 this paragraph requires the United States to 24 conduct a mineral examination for any mining 25 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 8 •HR 3049 RH claim on the Federal land or interest in Federal 1 land conveyed under the Agreement. 2 (3) ADJUSTMENT.— 3 (A) IN GENERAL.—If value is attributed to 4 any parcel of Federal land or interest in Fed- 5 eral land through an appraisal under paragraph 6 (1) based on the presence of minerals subject to 7 leasing under the Mineral Leasing Act (30 8 U.S.C. 181 et seq.), the value of the parcel or 9 interest in Federal land (as otherwise estab- 10 lished under this subsection) shall be reduced 11 by the percentage of the applicable Federal rev- 12 enue sharing obligation under section 35(a) of 13 the Mineral Leasing Act (30 U.S.C. 191(a)). 14 (B) LIMITATION.—Any adjustment under 15 subparagraph (A) shall not be considered to be 16 a property right of the State. 17 (4) APPROVAL; DURATION.—An appraisal con- 18 ducted under paragraph (1) shall— 19 (A) be submitted to the Secretary and the 20 Administration for approval; and 21 (B) remain valid for 3 years after the date 22 on which the appraisal is approved by the Sec- 23 retary and the Administration under subpara- 24 graph (A). 25 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 9 •HR 3049 RH (5) DISPUTE RESOLUTION.—If, by the date 1 that is 90 days after the date of submission of an 2 appraisal for review and approval under paragraph 3 (4)(A), the Secretary and the Administration do not 4 agree to accept the findings of the appraisal with re- 5 spect to any parcel of land or interest in land to be 6 exchanged, the dispute shall be resolved in accord- 7 ance with section 206(d)(2) of the Federal Land 8 Policy and Management Act of 1976 (43 U.S.C. 9 1716(d)(2)). 10 (b) EQUALIZATION OF VALUES.—If the total value 11 of the State land described in paragraph (2) of the Agree- 12 ment and the total value of the Federal land and interests 13 in Federal land described in paragraph (3) of the Agree- 14 ment, as determined under subsection (a), are not equal— 15 (1) the value shall be equalized in accordance 16 with paragraph (5) of the Agreement; and 17 (2) the conveyance of equalization parcels, in 18 accordance with paragraph (5) of the Agreement, 19 shall occur not later than 45 days after the date of 20 the identification of the appraised equalization par- 21 cels or portions of parcels to be conveyed to ensure 22 that the exchange is of equal value. 23 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 10 •HR 3049 RH SEC. 6. WITHDRAWALS. 1 (a) WITHDRAWAL OF FEDERAL LAND FROM MIN- 2 ERAL ENTRY PRIOR TO EXCHANGE.—Subject to valid ex- 3 isting rights, the Federal land and interests in Federal 4 land to be conveyed to the State under section 4(b) are 5 withdrawn from mineral location, entry, and patent under 6 the mining laws pending conveyance of the Federal land 7 and interests in Federal land to the State. 8 (b) WITHDRAWAL OF STATE LAND CONVEYED TO 9 THE UNITED STATES.—Subject to valid existing rights, 10 on the date of acquisition by the United States, the State 11 land described in paragraph (2) of the Agreement acquired 12 by the United States under section 4(b), to the extent not 13 subject to previous withdrawals, is permanently withdrawn 14 from all forms of appropriation and disposal under— 15 (1) the public land laws (including the mining 16 and mineral leasing laws); and 17 (2) the Geothermal Steam Act of 1970 (30 18 U.S.C. 1001 et seq.). 19 (c) WITHDRAWAL REVOCATION.—Any withdrawal of 20 the parcels of Federal land and interests in Federal land 21 described in paragraph (3) of the Agreement to be con- 22 veyed to the State under section 4(b) from appropriation 23 or disposal under a public land law shall be revoked to 24 the extent necessary to permit the conveyance of the Fed- 25 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB 11 •HR 3049 RH eral land parcel to the State free of any encumbrances 1 associated with power site reserves or classifications. 2 SEC. 7. SUNNYSIDE, UTAH, WATER SUPPLY PROVISIONS. 3 The Act of January 7, 1921 (41 Stat. 1087, chapter 4 13), is amended by adding at the end the following: 5 ‘‘SEC. 5. CERTAIN EXCLUSIONS. 6 ‘‘Notwithstanding any other provision of this Act, the 7 provisions of this Act of shall not apply to the following: 8 ‘‘(1) S1⁄2SW1⁄4 sec 34, T. 13 S., R. 14 E., of 9 the Salt Lake Meridian. 10 ‘‘(2) Lots 1–4, T. 14 S., R. 14 E., sec. 11, 11 S1⁄2N1⁄2 and S1⁄2, of the Salt Lake Meridian. 12 ‘‘(3) Lots 3 and 4, T. 14 S., R. 14 E., sec. 12, 13 S1⁄2NW1⁄4 and SW1⁄4, of the Salt Lake Meridian. 14 ‘‘(4) Lots 1 and 2, T. 14 S., R. 14 E., sec. 13, 15 NE1⁄4, W1⁄2, and N1⁄2SE1⁄4, of the Salt Lake Merid- 16 ian. 17 ‘‘(5) T. 14 S., R. 14 E., sec. 14, of the Salt 18 Lake Meridian.’’. 19 VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB Union Calendar No. 743 118TH CONGRESS 2D SESSION H. R. 3049 [Report No. 118–909] A BILL To provide for the exchange of certain Federal land and State land in the State of Utah. DECEMBER 18, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 07:31 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H3049.RH H3049 kjohnson on DSK7ZCZBW3PROD with $$_JOB