[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1961 Introduced in House (IH)]
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115th CONGRESS
1st Session
H. R. 1961
To provide for the conveyance of certain land to Washington County,
Utah, to authorize the exchange of Federal land and non-Federal land in
the State of Utah, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 5, 2017
Mr. Stewart introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the conveyance of certain land to Washington County,
Utah, to authorize the exchange of Federal land and non-Federal land in
the State of Utah, and for other purposes.
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 ``Southern Utah Open OHV Areas Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Washington County,
Utah.
(2) Federal land.--The term ``Federal land'' means land
owned and managed by the Bureau of Land Management in the
County that is identified on the map as ``Federal Lands
Proposed to Transfer to SITLA''.
(3) Map.--The term ``map'' means the map prepared by the
State of Utah School and Institutional Trust Lands
Administration entitled ``Sand Mountain Exchange Washington
County, Utah'' and dated June 19, 2015.
(4) Non-federal land.--The term ``non-Federal land'' means
the State land identified on the map as ``SITLA Lands Proposed
to Transfer to Federal''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State all right, title, and
interest of the United States in and to the Federal land.
(b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by one or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions.
(3) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(4) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the State--
(i) by reducing the acreage of the Federal
land to be conveyed;
(ii) by adding additional State land to the
non-Federal land to be conveyed; or
(iii) by the State making a cash payment to
the United States.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized, as determined to be
appropriate and acceptable by the Secretary and the
State--
(i) by reducing the acreage of the non-
Federal land to be conveyed; or
(ii) by the United States making a cash
payment to the State.
(f) Use of Non-Federal Land.--On the conveyance of the non-Federal
land to the Secretary under this section, the non-Federal land shall be
used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH.
(a) In General.--As soon as practicable after notification by the
County and subject to valid existing rights, the Secretary shall convey
to the County, without consideration, all right, title, and interest of
the United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of the land managed by the Bureau of Land Management that is
generally depicted on the map as ``Hurricane Sand Dunes (NRA)''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the land to be conveyed to the County under this
section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(e) Administrative Costs.--The Secretary shall require the County
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Conditions.--As a condition of the conveyance under subsection
(a), the County shall agree--
(1) to pay any administrative costs associated with the
conveyance including the costs of any environmental, wildlife,
cultural, or historical resources studies;
(2) to release and indemnify the United States from any
claims or liabilities that may arise from uses carried out on
the land described in subsection (b) on or before the date of
enactment of this Act by the United States or any person; and
(3) to accept such reasonable terms and conditions as the
Secretary determines necessary.
(g) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States.
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