[House Report 107-709]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-709
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FEDERAL-UTAH STATE TRUST LANDS CONSOLIDATION ACT
_______
October 1, 2002.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 4968]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 4968) to provide for the exchange of certain lands in
Utah, having considered the same, report favorably thereon with
an amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal-Utah State Trust Lands
Consolidation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The San Rafael Swell in Utah is a 900-square mile, wild
and beautiful region west of the Green River. The San Rafael
Swell is dominated by the jagged, uplifted San Rafael Reef,
which has nearly two dozen major canyons and many side draws
and box canyons. The San Rafael Swell towers above the desert
like a wilderness castle, ringed by 1,000-foot ramparts of
Navajo sandstone. Its highlands have been fractured by uplift
and scooped hollow by erosion over countless millennia, leaving
a tremendous basin punctuated by mesas, buttes, and canyons and
traversed by sediment-laden desert streams.
(2) The San Rafael Swell region was one of the country's last
frontiers and possesses important natural, historical, and
cultural resources, including exceptional backcountry
recreation opportunities, productive habitat for Desert Bighorn
Sheep, important historical sites, including sections of the
Old Spanish Trail and the Outlaw Trail, significant
paleontological resources, and multiple wilderness study areas
created pursuant to section 603 of the Federal Lands Policy and
Management Act of 1976, or otherwise identified by local
government and conservation interests as having significant
conservation values. The beautiful rural landscapes, historic
and cultural landscapes, and spectacular scenic vistas of the
San Rafael Swell region contain significant undeveloped
recreational opportunities for people throughout the United
States.
(3) The State of Utah owns approximately 102,871 acres of
land located in the San Rafael Swell region and administered by
the Utah School and Institutional Trust Lands Administration.
These lands were granted by the Congress to the State of Utah
pursuant to the Utah Enabling Act of 1894 (chapter 138; 23
Stat. 107), to be held in trust for the benefit of the State's
public school system and other public institutions. The lands
are largely scattered in checkerboard fashion amidst the
Federal lands comprising the remainder of the San Rafael Swell
area.
(4) Development of surface and mineral resources on State
trust lands within the San Rafael Swell area, or the sale of
such lands into private ownership, could be incompatible with
management of such lands for nonimpairment of their wilderness
characteristics pursuant to section 603(c) of the Federal Land
Policy and Management Act of 1976, with future congressional
designation of the lands as wilderness, or with future
designation of such lands as a national monument, national
heritage area, or other conservation designation.
(5) The State of Utah also owns 3,533 acres of land within or
directly adjacent to the Manti-La Sal National Forest in Grand
and Emery Counties, Utah, and 6,411 acres of land within the
Red Cliffs Desert Reserve, a conservation reserve established
in 1995 by the United States and Washington County, Utah, to
implement a multiple-species habitat conservation plan approved
by the Fish and Wildlife Service under section 10(a) of the
Endangered Species Act of 1973. The Reserve contains the
highest density of critical habitat for the Mojave desert
tortoise, a threatened species, in the United States. These
State trust lands are also administered by the Utah School and
Institutional Trust Lands Administration, but the use of such
lands by the State is limited because of the conservation
designations of surrounding Federal lands.
(6) The United States owns lands and interests in lands
elsewhere in Utah that can be transferred to the State of Utah
in exchange for the San Rafael Swell inholdings, the Manti-La
Sal forest lands, and the Red Cliffs Desert Reserve lands
without jeopardizing Federal management objectives or needs.
(7) The large presence of State trust land inholdings in the
San Rafael Swell region, the Manti-La Sal National Forest, and
the Red Cliffs Desert Reserve makes land and resource
management in these areas difficult, costly, and controversial
for both the State of Utah and the United States.
(8) It is in the public interest to reach agreement on
exchange of such inholdings, on terms fair to both the State of
Utah and the United States. Such an agreement, subject to
ratification by Congress and consent by the Utah legislature,
would save much time and delay in meeting the legitimate
expectations of the State school and institutional trusts, in
simplifying management of Federal lands, and in avoiding the
significant time and expense associated with administrative
land exchanges.
(9) The State of Utah and the United States have reached an
agreement under which the State would exchange certain State
trust lands within the San Rafael Swell region, the Manti-La
Sal National Forest, and the Red Cliffs Desert Reserve for
various Federal lands outside of those areas but in the same
region of Utah.
(10) The parties agreed at the outset of negotiations to
avoid identifying Federal assets for conveyance to the State
where any of the following was known to exist or likely to be
an issue as a result of foreseeable future uses of the lands:
(A) Wilderness study areas.
(B) Areas proposed for wilderness designation in
pending Federal legislation.
(C) Significant endangered species habitat.
(D) Significant archaeological resources.
(E) Areas of critical environmental concern.
(F) Other lands known to raise significant
environmental concerns of any kind.
(11) Because the State trust lands to be acquired by the
Federal Government include properties within some of the most
spectacular wild areas in the western United States, and
because a mission of the Utah School and Institutional Trust
Lands Administration is to produce economic benefits for Utah's
public schools and other beneficiary institutions, the exchange
of lands called for in this agreement will resolve longstanding
environmental conflicts with respect to existing and proposed
wilderness study areas, place important natural lands into
public ownership, and further the interests of the State trust
lands, the school children of Utah, and these conservation
resources.
(12) Under this agreement, the State interests to be conveyed
to the United States by the State of Utah, and the Federal
interests to be conveyed to the State of Utah by the United
States, have been examined by licensed independent real estate
consultants and, taken as a whole, have been found to be
approximately equal in value.
(b) Purpose.--The purpose of this Act is to enact into law and direct
prompt implementation of this agreement, and thereby to further the
public interest by consolidating State and Federal lands into
manageable units while facilitating the protection of lands with
significant scientific, cultural, and natural resources.
SEC. 3. RATIFICATION OF THE AGREED EXCHANGE BETWEEN THE STATE OF UTAH
AND THE UNITED STATES.
(a) Agreement.--The State of Utah, the Department of the Interior,
and the Department of Agriculture have agreed to exchange certain
Federal lands in the State of Utah for lands of approximately equal
value managed by the Utah School and Institutional Trust Lands
Administration in the San Rafael Swell area of Utah, the Manti-La Sal
National Forest, and the Red Cliffs Desert Reserve.
(b) Ratification.--All terms, conditions, procedures, covenants,
reservations, and other provisions set forth in the document entitled
``Agreement for Exchange of Lands 2002 Federal-Utah State Trust Lands
Consolidation'', dated June 18, 2002 (in this Act referred to as ``the
Agreement''), are hereby incorporated in this Act, are ratified and
confirmed, and set forth the obligations of the United States, the
State of Utah, and the Utah School and Institutional Trust Lands
Administration, as a matter of Federal law.
SEC. 4. CONVEYANCES.
(a) Conveyances.--All conveyances under sections 2, 3, and 4 of the
Agreement shall be completed not later than 70 days after enactment of
this Act.
(b) Maps and Legal Descriptions.--
(1) In general.--The maps and legal descriptions referred to
in the Agreement depict the lands subject to the conveyances
under the Agreement.
(2) Public availability.--The maps and legal descriptions
referred to in the Agreement shall be on file and available for
public inspection in the offices of the Secretary of the
Interior, the Secretary of Agriculture, the Intermountain
Regional Office of the Forest Service, and the Utah State
Director of the Bureau of Land Management.
(3) Conflict.--In case of any conflict between the maps and
the legal descriptions in the Agreement, the legal descriptions
shall control.
(c) Certain Coal Lands.--
(1) Identification.--The Secretary of the Interior shall
prepare legal descriptions for the approximately 4,000 acres of
Federal lands that State of Utah and the Secretary have
identified within sections 1 through 17 of township 22 south,
range 6 east, and within township 22 south, range 7 east, Salt
Lake Base and Meridian, Utah.
(2) Restriction on conveyance.--Conveyance of the lands
identified in paragraph (1) shall reserve to the United States
the coal estate and the right to develop the coal estate.
(3) Future disposition.--Reservation of the coal estate
pursuant to paragraph (2) shall not restrict future disposition
of the coal estate pursuant to applicable law.
(d) Species Identification.--Prior to any conveyances under this Act,
the Secretary of the Interior shall identify Federal lands subject to
the Agreement which contain wildlife species, or habitat of wildlife
species, listed as a threatened species or an endangered species under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or that is
a candidate for such a listing.
(e) Independent Mineral Assessment.--Prior to any conveyances under
this Act, the Secretary of the Interior and the State of Utah shall
select an independent qualified mineral appraiser, or other qualified
expert agreeable to both parties, who shall determine whether the terms
of the Agreement related to the UA/UB parcel, identified in section
3(d) of the Agreement, are fair and equitable to both parties. If there
is a contrary determination, the Secretary and the State shall adjust
the exchange or terms of the Agreement so that the terms are fair and
equitable to both parties.
SEC. 5. PLANT AND WILDLIFE SPECIES.
For the lands identified under section 4(d), and the lands identified
in Exhibit E to the Agreement, the Secretary of the Interior and the
State of Utah shall enter into an agreement which provides a process
for the State to consult or take other appropriate action to avoid,
offset, or mitigate adverse effects to any species or habitat
identified.
SEC. 6. MINERAL DEVELOPMENT.
All payments received by the United States pursuant to section 13(c)
of the Agreement shall be subject to sharing with the State of Utah in
the same manner the United States shares bonus bids, rentals, and
royalties with the State of Utah under section 35 of the Mineral
Leasing Act (30 U.S.C. 191).
SEC. 7. AUTHORIZATION.
There are authorized to be appropriated such sums as are necessary to
carry out this Act, including such sums as may be desired to reduce the
balance of the interest and principal amounts owed by the United States
to the Trust Lands Administration pursuant to sections 4 and 5 of the
Agreement.
SEC. 8. COSTS.
The United States and the State of Utah shall each bear its own
respective costs incurred in the implementation of this Act.
PURPOSE OF THE BILL
The purpose of H.R. 4968 is to provide for the exchange of
certain lands in Utah.
BACKGROUND AND NEED FOR LEGISLATION
Due to the high percentage of federally-owned property in
Utah and the resulting limited tax base, the State of Utah was
given lands at statehood for the purpose generating income for
public schools. The lands, scattered in checkerboard fashion
across the State, have been held and controlled in a legal
trust, with accrued interest to be used specifically for the
benefit of public schools. In Utah, the State Institutional
Trust Lands Administration is responsible for approximately 3.5
million acres, and by law it must maximize revenue for the
benefit of Utah schools. Many of these lands have failed to
generate their expected income as a result of being landlocked
in sensitive environmental areas. Land exchanges, however, have
proven to be a valuable tool to help the State consolidate its
properties into manageable tracts to enable them to generate
income, while also allowing the federal government to acquire
sensitive environmental properties of high public interest and
improve the maintenance and management of these lands.
The legislation would ratify a land exchange agreement
reached between the federal government and the State of Utah.
The agreement has been approved by the Secretaries of the
Interior and Agriculture. The agreement must also be ratified
by the Utah Legislature. The federal government would acquire
approximately 113,000 acres of State trust lands, including
those within the San Rafael Swell in Emery County, the Red
Cliffs Desert Reserve habitat conservation plan area in
Washington County, and lands within the Manti La Sal National
Forest. The state would acquire approximately 138,000 acres.
The negotiated land exchange process follows the pattern
established in previous exchanges authorized in the 105th and
106th Congresses. An independent review considered the exchange
to be of equal value.
The San Rafael Swell is a 900-mile region west of the Green
River, containing the San Rafael Reef with dozens of beautiful
side canyons. The region has significant natural, historical
and cultural resources including habitat for Desert Bighorn
Sheep, sections of the Old Spanish Trail and Outlaw Trail, and
paleontological resources. The area has been the subject of
considerable public interest, and contains many areas under
consideration for various federal designations, including a
national conservation area, national monument, or wilderness.
Because of the potential incompatibility of these designations
with resource development, it is beneficial to the State to
trade out its lands within the Swell.
The exchange also contains trust lands within the Red
Cliffs Desert Reserve, a habitat conservation plan area for the
Desert Tortoise. The area contains the highest density of
critical habitat for the threatened species in the United
States. The potential development of these lands is also
limited due to the federal designation.
Congress has twice recognized the authority and ability of
the Secretary of the Interior to negotiate and enter into
agreements similiar to the proposal contained in this bill
subject to the approval of Congress (Public Law 106-301; Public
Law 105-335).
COMMITTEE ACTION
H.R. 4968 was introduced on June 19, 2002, by Congressman
Chris Cannon (R-UT). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks, Recreation, and Public Lands and the
Subcommittee on Forests and Forest Health. On June 27, 2002,
the Subcommittee on National Parks, Recreation, and Public
Lands held a hearing on the bill. On July 18, 2002, the
Subcommittee on National Parks, Recreation, and Public Lands
met to mark up the bill. Mr. Cannon offered an amendment to
insert the date the agreement between the two parties was
actually signed. The amendment was adopted by voice vote and
the bill, as amended, was ordered favorably reported to the
Full Resources Committee by voice vote. On July 24, 2002, the
Full Resources Committee met to consider the bill. The
Subcommittee on Forests and Forest Health was discharged from
further consideration of the bill by unanimous consent. On
September 12, 2002, the Full Committee continued consideration
of the bill. Mr. Cannon offered an amendment in the nature of a
substitute to: ensure that the coal estate and its future
disposition is reserved to the United States in a 4,000 acre
tract within the ``Emery Known Recoverable Coal Resource
Area''; requires the Secretary of the Interior to identify,
prior to conveyance, lands containing wildlife species, or
habitat of species, which are listed as candidate, threatened,
or endangered under the Endangered Species Act; to authorize
the Secretary of the Interior and the Governor of Utah to enter
into an agreement that provides a process for the State to
consult or take other appropriate action to avoid, offset or
mitigate adverse effects to any species or habitat identified;
require an independent review, prior to conveyance, of the
parcel of land known as the UA/UB tract and allow for the
Secretary of the Interior and the State of Utah to make
adjustments to the exchange to make the exchange fair and
equitable if a contrary determination is raised by the review.
The amendment was adopted by voice vote and the bill as amended
was then ordered favorably reported to the House of
Representatives by voice vote.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of this bill could result in income to the federal
government of less than $500,000 a year over the next 10 years.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 27, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4968, the Federal-
Utah State Trust Lands Consolidation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Megan
Carroll (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4968--Federal-Utah State Trust Lands Consolidation Act
CBO estimates that implementing H.R. 4968 would cost less
than $500,000, assuming appropriation of the necessary amounts.
The bill could affect direct spending (including offsetting
receipts); therefore, pay-as-you-go procedures would apply, but
we estimate that any such effects would be insignificant.
H.R. 4968 would ratify an agreement between the federal
government, the state of Utah, and the Utah School and
Institutional Trust Land Administration. In doing so, the bill
would provide for a roughly equal value exchange of about
243,000 acres of federal and state lands and interests. Based
on information from the Bureau of Land Management (BLM), we
estimate that federal costs to complete the proposed exchange
would not exceed $500,000. According to the BLM, the federal
lands to be exchanged currently generate no significant
receipts and are not expected to do so over the next 10 years.
Hence, CBO estimates that conveying those lands would not
result in a significant loss of offsetting receipts.
Some of the federal lands to be conveyed contain deposits
of oil shale, which, according to BLM, are unlikely to generate
significant receipts in the near future because the agency
currently lacks authority to develop such resources. Under H.R.
4968, if the state develops those resources, the federal
government would receive a portion of the income that they
produce. The likelihood of such development and extent of
possible proceeds are highly uncertain, but based on
information from BLM, CBO assumes that any increase in
offsetting receipts from such resources would not exceed
$500,000 a year over the next 10 years.
H.R. 4968 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The only duties imposed on the state of Utah would be those
assumed voluntarily by the state as a party to the exchange
agreement, which has been signed by the governor and approved
by the state legislature.
The CBO staff contacts for this estimate are Megan Carroll
(for federal costs), and Marjorie Miller (for the state and
local impact). This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.