S. 1135Senate109th Congress (2005-2007)In Committee

Utah Recreational Land Exchange Act of 2005

Introduced May 26, 2005

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Energy and Natural Resources.

May 26, 2005

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SenateIntro Referral

Introduced in Senate

May 26, 2005

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S6030)

May 26, 2005

SenateIntro Referral

Read twice and referred to the Committee on Energy and Natural Resources.

May 26, 2005

Floor Debate

23 members

What members said about S. 1135 on the floor

13 Republicans10 Democrats
John McCain
Sen. John McCainR-AZ · May 26, 2005

Mr. President, I am pleased to join with Senator Lieberman today in introducing an amended version of the Climate Stewardship Act, which we introduced in February. The legislation we submit today…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · May 26, 2005

Mr. President, hate crimes are a violation of everything our country stands for. They send the poisonous message that some Americans deserve to be victimized solely because of who they are. They're…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · May 26, 2005

Mr. President, I rise today to introduce a bill, S. 1156, to extend and enhance a provision in the Internal Revenue Code that gives tax incentives for the production of electricity from renewable…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · May 26, 2005

Mr. President, I rise today to introduce the Medicare Mental Health Copayment Equity Act of 2005 with my colleagues, Senator John Kerry, Senator Gordon Smith, and Senator Susan Collins. Briefly, our…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · May 26, 2005

Mr. President, I rise today with my friend and colleague Senator John McCain to introduce a second version of our Climate Stewardship Act with improvements--the Climate Stewardship AND Innovation Act…

Show 8 more
Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · May 26, 2005

Mr. President, over 50 years ago, Sir Winston Churchill uttered the immortal words, ``never in the field of human conflict has so much been owed by so many to so few.'' Although Prime Minister…

Ron Wyden
Sen. Ron WydenD-OR · May 26, 2005

Madam President, the cost of medicine is a matter of concern to every Senator. Today, Senator Sununu and I have introduced legislation to take a fresh approach to holding down the cost of medicines…

John D. Rockefeller IV
Sen. John D. Rockefeller IVD-WV · May 26, 2005

Mr. President, I am introducing legislation that would accelerate the deployment of advanced broadband internet access technologies in rural and underserved regions. This bipartisan legislation is…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · May 26, 2005

Mr. President, I rise to discuss the Dirty Bomb Prevention Act of 2005, which I am introducing today in the Senate, and Congressman Markey is introducing in the House. Since September 11, we have…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · May 26, 2005

Mr. President, in honor of Older Americans' Mental Health Week, I rise today to introduce the Clinical Social Work Medicare Equity Act of 2005. I am proud to sponsor this legislation that will ensure…

Mark L. Pryor
Sen. Mark L. PryorD-AR · May 26, 2005

Mr. President, I stand today in support of legislation that will better protect our homeland by securing the trade and handling of ammonium nitrate. While ammonium nitrate is well known in the…

Robert F. Bennett
Sen. Robert F. BennettR-UT · May 26, 2005

Mr. President, I am pleased to be able to re-introduce the Utah Recreational Land Exchange Act of 2005, together with my colleague Senator Hatch. Legislation was introduced in the previous Congress…

Robert F. Bennett
Sen. Robert F. BennettR-UT · May 26, 2005

Mr. President, I am pleased to be able to re-introduce the Utah Recreational Land Exchange Act of 2005, together with my colleague Senator Hatch. Legislation was introduced in the previous Congress…

Show 11 more
John E. Sununu
Sen. John E. SununuR-NH · May 26, 2005

Madam President, I am pleased to join Senator Wyden in the introduction of this legislation, which is a good-faith effort to try to find that fresh approach Senator Wyden talked about, a fresh…

Susan M. Collins
Sen. Susan M. CollinsR-ME · May 26, 2005

Mr. President, I rise today to introduce the Acadia National Park Improvement Act of 2005. This legislation takes important steps to ensure the long-term health of one of America's most beloved…

Norm Coleman
Sen. Norm ColemanR-MN · May 26, 2005

Mr. President, I am pleased today to be introducing the bipartisan Treatment of Children's Deformities Act. I am pleased to be joined by many of my friends and colleagues, including Senators…

Richard G. Lugar
Sen. Richard G. LugarR-IN · May 26, 2005

Mr. President, I rise today to introduce legislation authorizing replenishment of funds to three of the five multilateral development banks, as requested by the U.S. Department of the Treasury. In…

Rick Santorum
Sen. Rick SantorumR-PA · May 26, 2005

Mr. President, I rise today to introduce the Pet Animal Welfare Statute of 2005 (PAWS). The introduction of this important animal welfare legislation demonstrates my continued interest in humane…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · May 26, 2005

Mr. President, as I have done so many times before, I rise today to speak about the need for hate crimes legislation and to introduce the Local Law Enforcement Enhancement Act of 2005. I first…

Sam Brownback
Sen. Sam BrownbackR-KS · May 26, 2005

Mr. President, I rise today to introduce the Commission on the Accountability and Review of Federal Agencies, CARFA, Act with over 20 original cosponsors. This is an important measure that I have…

Barbara Boxer
Sen. Barbara BoxerD-CA · May 26, 2005

Mr. President, in March 2000, I introduced legislation to deal with the high price of gasoline. At the time, the price of gasoline had reached a startlingly high $2.15 per gallon in California.…

Thad Cochran
Sen. Thad CochranR-MS · May 26, 2005

Mr. President, fertilizers provide essential nutrients to the food we eat. Without fertilizer, roughly one-third of the world's people would go hungry. Ammonium nitrate fertilizer is an effective…

Larry E. Craig
Sen. Larry E. CraigR-ID · May 26, 2005

Mr. President, I rise today to introduce the Idaho Land Enhancement Act of 2005. Simply put, this legislation directs the Secretaries of Agriculture and Interior to exchange land with the State of…

Max Baucus
Sen. Max BaucusD-MT · May 26, 2005

Mr. President, today I am pleased to join my friend and colleague, Senator Hatch, in introducing legislation to make permanent the subpart F provision for active financial serviced income earned…

Bill Text

Latest available legislative text

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Introduced in SenateIssued May 26, 2005

II

109th CONGRESS

1st Session

S. 1135

IN THE SENATE OF THE UNITED STATES

May 26, 2005

Mr. Bennett (for himself and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To authorize the exchange of certain land in Grand and Uintah Counties, Utah, and for other purposes.

1.

Short title

This Act may be cited as the Utah Recreational Land Exchange Act of 2005.

2.

Findings and purposes

(a)

Findings

Congress finds that—

(1)

the area surrounding the Colorado River in Grand County, Utah, and Dinosaur National Monument and the Book Cliffs in Uintah County, Utah, contains nationally recognized scenic vistas, significant archaeological and historic resources, valuable wildlife habitat, and outstanding opportunities for public recreation that are enjoyed by hundreds of thousands of people annually;

(2)

the State of Utah owns multiple parcels of land in the area that were granted to the State under 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;

(3)

the parcels of State trust land are largely scattered in checkerboard fashion amid the Federal land comprising the area of the Colorado River corridor, the Dinosaur National Monument, and the Book Cliffs;

(4)

the State trust land in the area of the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs includes significant natural and recreational features, including—

(A)

portions of Westwater Canyon of the Colorado River;

(B)

the nationally recognized Kokopelli and Slickrock trails;

(C)

several of the largest natural rock arches in the United States;

(D)

multiple wilderness study areas and proposed wilderness areas; and

(E)

viewsheds for Arches National Park and Dinosaur National Monument;

(5)

the large presence of State trust land located in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area makes land and resource management in the area more difficult, costly, and controversial for the United States and the State of Utah;

(6)

although the State trust land was granted to the State to generate financial support for public schools in the State through the sale or development of natural resources, development of those resources in the Colorado River corridor, Dinosaur National Monument, and the Book Cliffs area may be incompatible with managing the area for recreational, natural, and scenic resources;

(7)

the United States owns land and interests in land in other parts of the State of Utah that can be transferred to the State in exchange for the State trust land without jeopardizing Federal management objectives or needs; and

(8)

it is in the public interest to exchange federally-owned land in the State for the Utah State trust land located in the Colorado River Corridor, Dinosaur National Monument, and the Book Cliffs area, on terms that are fair to the United States and the State of Utah.

(b)

Purpose

It is the purpose of this Act to authorize, facilitate, and expedite the exchange of certain Federal land and non-Federal land in the State to further the public interest by—

(1)

exchanging Federal land that has limited recreational and conservation resources; and

(2)

acquiring State trust land with important recreational, scenic, and conservation resources for permanent public management and use.

3.

Definitions

In this Act:

(1)

Federal land

The term Federal land means the approximately ____ acres of Federal land located in Grand and Uintah Counties, Utah, as generally depicted on the map.

(2)

Map

The term map means the map entitled Utah Recreational Land Exchange-Federal and Non-Federal Lands and dated February 9, 2005.

(3)

Non-Federal land

The term non-Federal land means—

(A)

the approximately ____ acres of State trust land located in the Colorado River corridor in Grand County, Utah, as generally depicted on the map;

(B)

the approximately ____ acres of State trust land located in the vicinity of Dinosaur National Monument in Uintah County, Utah, as generally depicted on the map; and

(C)

the approximately ____ acres of State trust land located in the vicinity of the Book Cliffs area in Uintah County, Utah, as generally depicted on the map.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

State

The term State means the State of Utah, as trustee under the Utah State School and Institutional Trust Lands Management Act (Utah Code Ann. 53c–1–101 et seq.).

4.

Exchange of land

(a)

In general

If, not later than 30 days after the date of enactment of this Act, the State offers to convey to the United States title to the non-Federal land that is acceptable to the Secretary, the Secretary shall—

(1)

accept the offer; and

(2)

on receipt of acceptable title to the non-Federal land and subject to valid existing rights, simultaneously convey to the State all right, title, and interest of the United States in and to the Federal land.

(b)

Conveyance of individual parcels

Notwithstanding that appraisals for all of the parcels of Federal land and non-Federal land may not have been completed under section 5, individual parcels of Federal land and non-Federal land may be exchanged under subsection (a) at any time after the date on which the appraised values of the individual parcels are approved under section 5(b)(5).

(c)

Timing

(1)

In general

Except as provided in paragraph (2), the exchange of land authorized by subsection (a) shall be completed not later than 330 days after the date on which the State makes the Secretary an offer to convey the non-Federal land under that subsection.

(2)

Extension

The Secretary and the State may mutually agree to extend the deadline specified in paragraph (1).

5.

Exchange valuation, appraisals, and equalization

(a)

Equal value exchange

The value of the Federal land and non-Federal land to be exchanged under this Act—

(1)

shall be approximately equal; or

(2)

shall be made approximately equal in accordance with subsection (c).

(b)

Appraisals

(1)

In general

The value of the Federal land and the non-Federal land shall be determined by appraisals conducted—

(A)

using, where appropriate, comparable sales of surface and subsurface property; and

(B)

subject to paragraph (3), in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisitions (2002);

(ii)

the Uniform Standards of Professional Appraisal Practice;

(iii)

section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)); and

(iv)

section 2201.3–2 of title 43, Code of Federal Regulations (or successor regulations).

(2)

Selection of appraiser

The appraisals of the Federal land and non-Federal land shall be conducted by 1 or more independent third-party appraisers selected jointly by the Secretary and the State.

(3)

Requirements

During the appraisal process, the appraiser shall—

(A)

consider comparable public and private sales without regard to—

(i)

whether the land was acquired for conservation or preservation purposes; or

(ii)

the nonprofit status of the entity making the acquisition; and

(B)

if value is attributed to the land because of the presence of minerals subject to leasing under Federal mineral leasing laws, adjust the value proportionately to reflect Federal mineral revenue sharing, subject to the condition that the Utah School and Institutional Trust Lands Administration assume the revenue sharing obligation of the United States with respect to the land.

(4)

Costs

The Secretary and the State shall share third party appraisal costs equally.

(5)

Review and approval

(A)

In general

Not later than 120 days after the date on which the appraiser is selected under paragraph (2), the appraiser shall submit to the Secretary and the State a copy of the completed appraisals for review.

(B)

Approval or disapproval

Not later than 90 days after the date of receipt of an appraisal under subparagraph (A), the Secretary and the State shall independently approve or disapprove the appraisal.

(6)

Determination of value

(A)

Determination by Secretary and State

If the Secretary and the State are unable to agree on the value of a parcel of land, the value of the parcel may be determined by the Secretary and the State in accordance with paragraphs (2) and (4) of section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)).

(B)

Determination by court

(i)

In general

Notwithstanding any other provision of law, if the Secretary and the State have not agreed on the value of a parcel by the date that is 1 year after the date of enactment of this Act, a Federal district court (including the United States District Court for the District of Utah, Central Division) shall have jurisdiction to determine the value of the parcel.

(ii)

Limitation

An action to determine the value of a parcel under clause (i) shall be brought not earlier than 1 year, but not more than 3 years, after the date of enactment of this Act.

(c)

Equalization of values

(1)

Surplus of Non-Federal land

If after completion of the appraisal and dispute resolution process under subsection (b), the value of the non-Federal land exceeds the value of the Federal land, the State shall remove parcels of non-Federal land from the exchange until the value of the Federal land and non-Federal land is approximately equal.

(2)

Surplus of Federal land

If after completion of the appraisal and dispute resolution process under subsection (b), the value of the Federal land exceeds the value of the non-Federal land, the value of the Federal land and non-Federal land may be equalized by—

(A)

the Secretary and the State removing parcels of Federal land from the exchange until the value is approximately equal; or

(B)

the Secretary and the State adding additional State trust land to the non-Federal land, if—

(i)

the additional land has been appraised in accordance with an ongoing Federal acquisition process or program; and

(ii)

the appraised value (as determined under clause (i)) has been accepted by the Secretary.

6.

Status and management of land after exchange

(a)

Administration of Non-Federal land

(1)

In general

Subject to paragraph (2) and in accordance with section 206(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(c)), the non-Federal land acquired by the United States under this Act shall become part of, and be managed as part of, the Federal administrative unit or area in which the land is located.

(2)

Limitation

The payment of mineral revenues from the non-Federal land acquired by the United States under this Act shall be subject to section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(b)

Withdrawal of Federal land

Subject to valid existing rights, the Federal land is withdrawn from—

(1)

disposition under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

the operation of—

(A)

the mineral leasing laws;

(B)

the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.); and

(C)

the first section of the Act of July 31, 1947 (commonly known as the Materials Act of 1947) (30 U.S.C. 601).

(c)

Grazing permits

(1)

In general

If land acquired under this Act is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the party acquiring the land shall allow the grazing to continue for the remainder of the term of the lease, permit, or contract, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements.

(2)

Renewal

To the extent allowed by Federal or State law, on expiration of any grazing lease, permit, or contract described in paragraph (1), the holder of the lease, permit, or contract shall be entitled to a preference right to renew the lease, permit, or contract.

(3)

Cancellation

Nothing in this Act prevents a party to a grazing permit, lease, or contract from canceling the grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for non-grazing purposes by the party.

(4)

Base properties

If land conveyed by the State under this Act is used by a grazing permittee or lessee to meet the base property requirements for a Federal grazing permit or lease, the land shall continue to qualify as a base property for the remaining term of the lease or permit and the term of any renewal or extension of the lease or permit.

(d)

Hazardous materials

(1)

In general

The Secretary and, as a condition of the exchange, the State shall make available for review and inspection any record relating to hazardous materials on the land to be exchanged under this Act.

(2)

Costs

The costs of remedial actions relating to hazardous materials on land acquired under this Act shall be paid by those entities responsible for the costs under applicable law.

(e)

Historic properties

A conveyance of Federal land under this Act shall not be considered to be an undertaking under section 106 of the National Historic Preservation Act (16 U.S.C. 470f) if the Utah State Antiquities Act (Utah Code Ann. 9–8–301 et seq.) or a similar State law is in effect on the date of the conveyance of the Federal land.

(f)

Provisions relating to Federal land

The exchange of land under this Act shall be considered to be in the public interest under section 206(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(a)).

7.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this Act.