Sec. 405. School and Institutional Trust Lands Administration land

1,956 words·~9 min read·/bill/115/hr/5727/rh/section-405

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this section: The term application means an application for State relinquishment of a State land grant parcel and State selection of unappropriated public land filed under this section. The term Indian land means— any land owned by an Indian Tribe located within the boundaries of an Indian reservation, pueblo, or rancheria; or any land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held— in trust by the United States for the benefit of an Indian Tribe or a member of an Indian Tribe; by an Indian Tribe or a member of an Indian Tribe, subject to restriction against alienation under laws of the United States; or by a dependent Indian community.

The term Relinquishment Area means any land within— the Recreation Area; or a wilderness area. The term State means the State, acting as trustee under the Utah State School and Institutional Trust Lands Management Act (Utah Code Ann. 53C–1–101 et seq.) through the Utah School and Institutional Trust Lands Administration. The term State land grant parcel means— any land wholly or partially within a Relinquishment Area that was granted to the State by Congress through a statehood land grant for the support of public education or other public institutions; or any land located wholly or partially within a Relinquishment Area that was acquired by the State for a purpose described in subparagraph (A).

The term unappropriated public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). The term unappropriated public land includes any land or minerals acquired by the United States under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq.). The term unappropriated public land does not include Federal land that is— except as provided in subparagraph (B), acquired land; in a unit of the National Landscape Conservation System established by the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 991); in an area of critical environmental concern established under section 202(c)(3) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712(c)(3) ); in a special recreation management area; in an area managed by the Bureau of Land Management, through an inventory carried out in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), for wilderness characteristics in a land use plan finalized under that Act; or Indian land.

In accordance with this section, the State may, on approval by the Secretary of an application filed under this section— relinquish to the Secretary the State land grant parcels described in the approved application; and in exchange for the relinquished land, select unappropriated public land in the State for conveyance by the Secretary to the State. The Secretary shall promptly process any application filed under this section in accordance with subsection (c). Any land conveyed under this section shall be subject to valid existing rights.

Each party to whom land is conveyed under this section shall succeed to the rights and obligations of the conveying party with respect to any lease, right-of-way, permit or other valid existing right to which the conveyed land is subject. Not later than 1 year after the date on which an application is filed under this section, the Secretary shall issue a final approval or disapproval of the application. An application may be approved by the Secretary in whole or in part. The Secretary shall not approve any application that the Secretary determines would create irreconcilable management conflicts with respect to the management of adjacent Federal land.

The conveyance of any State land grant parcel under this section shall be by patent or deed acceptable to the Secretary. Not later than 90 days after the date on which the Secretary issues a final approval with respect to an application for the conveyance of unappropriated public land, the Secretary shall convey the applicable unappropriated public land to the State. The conveyance of unappropriated public land by the Secretary to the State under this section shall include such terms and conditions as the Secretary may require.

Except as otherwise provided in this subsection, the Secretary shall convey unappropriated public land under this section in accordance with— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and any other applicable law. In preparing an environmental assessment or environmental impact statement under section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2) ) for the conveyance of unappropriated public land under this section, the Secretary is not required to study, develop, or describe any action other than— the proposed agency action; and the alternative of no action.

Subject to the provisions of this section, the State may select, and the Secretary may convey, unappropriated public land that is mineral in character. The State may not select, and the Secretary may not convey unappropriated public land that includes only a portion of a mineral lease or permit, unless— the portion represents the entire portion available for selection under this Act; and the lessee or permittee, respectively, consents. Nothing in this section alters, diminishes, or expands the existing rights of a mining claimant under applicable law.

Nothing in this section requires the Secretary to carry out a mineral examination for any mining claim located on unappropriated public land to be conveyed under this section. Unappropriated public land selected by the State for acquisition under this section is withdrawn, subject to valid existing rights, from location, entry, and patent under the mining laws until that date on which— the selected unappropriated public land is conveyed by the Secretary to the State; the Secretary makes a final determination not accepting the selection of the unappropriated public land; or the State withdraws the selection of the unappropriated public land.

In the application of laws (including regulations) and policies relating to selections made under this section, the Secretary shall consider the equities of the State and the interest of the public. Unless a land use plan adopted under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) specifically identifies significant public values that would be lost or substantially impaired as a result of the conveyance of unappropriated public land to the State, any State selection under this section shall be considered to be in compliance with the plan regardless of whether the selected land is otherwise identified for disposal.

The overall value of the State land grant parcels and parcels of unappropriated public land to be conveyed to the State shall be— equal; or if the value is not equal— equalized by the payment of funds to the State or to the Secretary as the circumstances require; or reflected on the balance of a ledger account established under paragraph (3). Except as provided in paragraph (2), the Secretary and the State shall jointly determine the value of a State land grant parcel and a parcel of unappropriated public land through an appraisal completed in accordance with— the Uniform Appraisal Standards for Federal Land Acquisitions; and the Uniform Standards for Professional Appraisal Practice.

The Secretary may, with the consent of the State, use a mass appraisal or statement of value made by a qualified appraiser carried out in accordance with the Uniform Standards for Professional Appraisal Practice instead of an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions if the State and the Secretary agree that the market value of a State land grant parcel or a parcel of unappropriated public land is— less than $500,000; and less than $500 per acre.

A State land grant parcel or a parcel of unappropriated public land may not be artificially divided in order to qualify for a mass appraisal or statement of value under subparagraph (A). The Secretary and the State may agree to use a ledger account to make equal the value of land relinquished by the State and conveyed by the Secretary to the State under this section. A ledger account described in subparagraph

(A)shall reflect imbalances in value to be reconciled in a subsequent transaction. Each ledger account established under this paragraph shall be— balanced not later than 3 years after the date on which the ledger account is established; and closed not later than 5 years after the date of the last conveyance of land under this section. The Secretary or the State may— assume costs or other responsibilities or requirements for conveying land under this section that would generally be the responsibility of the other party; and make adjustments to the relative values involved in the conveyance of land under this section to compensate the Secretary or the State, as applicable, for assuming the costs or other responsibilities or requirements under subparagraph (A). If value is attributed to any parcel of unappropriated public land that has been selected by the State because of the presence of minerals under a lease under the Mineral Leasing Act ( 30 U.S.C. 181 et seq.) that is in a producing or producible status, the value of the parcel shall be reduced by the percentage that represents the likely Federal-revenue sharing obligation under that Act, but the adjustment shall not be considered to reflect a property right of the State. The Secretary and the State shall make available for review and inspection any record relating to hazardous materials on land to be conveyed under this section. Any conveyance of a State land grant parcel or parcel of unappropriated public land under this section may include the conveyance of water rights appurtenant to the land conveyed. If land conveyed under this section is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of conveyance, the Secretary or the State, as applicable, 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. On expiration of any grazing lease, permit, or contract described in subparagraph (A), the party that has jurisdiction over the land on the date of expiration, may elect to renew the lease, permit, or contract if permitted under applicable law. Nothing in this section prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for nongrazing purposes by the Secretary or the State. Except to the extent reasonably necessary to accommodate surface operations in support of mineral development, the Secretary or the State shall not cancel or modify a grazing permit, lease, or contract for land conveyed under this section because the land subject to the permit, lease, or contract has been leased for mineral development. If land conveyed by the State under this section 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. The authorization for State relinquishments and selections under this section shall be considered to be independent of, and not limited by, the authorization for State selections under— sections 6, 8, and 12 of the Act of July 16, 1894 (28 Stat. 107, chapter 138); or sections 2275 and 2276 of the Revised Statutes ( 43 U.S.C. 851 , 852).

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