Sec. 1255. Exchange of BLM and School and Institutional Trust Lands Administration land

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

In this section: The term Exchange Map means the map prepared by the Bureau of Land Management entitled Emery County Public Land Management Act—Proposed Land Exchange and dated December, 10, 2018. The term Federal land means public land located in the State of Utah that is identified on the Exchange Map as— BLM Surface and Mineral Lands Proposed for Transfer to SITLA ; BLM Mineral Lands Proposed for Transfer to SITLA ; and BLM Surface Lands Proposed for Transfer to SITLA . The term non-Federal land means the land owned by the State in the Emery and Uintah Counties that is identified on the Exchange Map as— SITLA Surface and Mineral Land Proposed for Transfer to BLM ;

SITLA Mineral Lands Proposed for Transfer to BLM ; and SITLA Surface Lands Proposed for Transfer to BLM . The term State means the State, acting through the School and Institutional Trust Lands Administration. If the State offers to convey to the United States title to the non-Federal land, the Secretary, in accordance with this section, shall— accept the offer; and on receipt of all right, title, and interest in and to the non-Federal land, convey to the State (or a designee) all right, title, and interest of the United States in and to the Federal land.

Notwithstanding that appraisals for all of the parcels of Federal land and non-Federal land may not have been approved under subsection (c)(5), parcels of the Federal land and non-Federal land may be exchanged under paragraph

(1)in phases, to be mutually agreed by the Secretary and the State, beginning on the date on which the appraised values of the parcels included in the applicable phase are approved. If any dispute or delay arises with respect to the exchange of an individual parcel of Federal land or non-Federal land under paragraph (1), the Secretary and the State may mutually agree to set aside the individual parcel to allow the exchange of the other parcels of Federal land and non-Federal land to proceed. The Secretary shall exclude from any conveyance of a parcel of Federal land under paragraph

(1)any Federal land that contains critical habitat designated for a species listed as an endangered species or a threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). Any Federal land excluded under subparagraph

(A)shall be the smallest area necessary to protect the applicable critical habitat. The land exchange under paragraph

(1)shall be subject to section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ) and other applicable law. With respect to the Federal land to be conveyed under paragraph (1), the Secretary shall not be required to undertake any additional land use planning under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ) before the conveyance of the Federal land. The land exchange under paragraph

(1)shall be subject to valid existing rights. Title to the Federal land and non-Federal land to be exchanged under paragraph

(1)shall be in a form acceptable to the Secretary and the State. The value of the Federal land and the non-Federal land to be exchanged under subsection (b)(1) shall be determined by appraisals conducted by 1 or more independent and qualified appraisers. The Secretary and the State may agree to use an independent and qualified appraiser— retained by the State; and approved by the Secretary. 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; and the Uniform Standards of Professional Appraisal Practice. The appraisals under paragraph

(1)may take into account mineral and technical reports provided by the Secretary and the State in the evaluation of mineral deposits in the Federal land and non-Federal land. To the extent permissible under applicable appraisal standards, the appraisal of any parcel of Federal land that is encumbered by a mining or millsite claim located under sections 2318 through 2352 of the Revised Statutes (commonly known as the Mining Law of 1872 ) ( 30 U.S.C. 21 et seq.) shall be appraised in accordance with standard appraisal practices, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisition. Nothing in this subsection requires the United States to conduct a mineral examination for any mining claim on the Federal land. If value is attributed to any parcel of Federal land because of the presence of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq.), the value of the parcel (as otherwise established under this subsection) shall be reduced by the percentage of the applicable Federal revenue sharing obligation under section 35(a) of the Mineral Leasing Act ( 30 U.S.C. 191(a) ). An adjustment under clause

(i)shall not be considered to be a property right of the State. An appraisal conducted under paragraph

(1)shall be submitted to the Secretary and the State for approval. An appraisal conducted under paragraph

(1)shall remain valid for 3 years after the date on which the appraisal is approved by the Secretary and the State. The cost of an appraisal conducted under paragraph

(1)shall be paid equally by the Secretary and the State. If the State retains an appraiser in accordance with paragraph (2), the Secretary shall reimburse the State in an amount equal to 50 percent of the costs incurred by the State. It is the intent of Congress that the land exchange authorized under subsection (b)(1) shall be completed not later than 1 year after the date of final approval by the Secretary and the State of the appraisals conducted under subsection (c). Not later than 30 days before the date of any exchange of Federal land and non-Federal land under subsection (b)(1), all final appraisals and appraisal reviews for the land to be exchanged shall be available for public review at the office of the State Director of the Bureau of Land Management in the State of Utah. The Secretary shall make available on the public website of the Secretary, and the Secretary or the State, as applicable, shall publish in a newspaper of general circulation in Salt Lake County, Utah, a notice that the appraisals conducted under subsection

(c)are available for public inspection. The value of the Federal land and non-Federal land to be exchanged under subsection (b)(1)— shall be equal; or shall be made equal in accordance with paragraph (2). With respect to any Federal land and non-Federal land to be exchanged under subsection (b)(1), 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 by— the State conveying to the Secretary, as necessary to equalize the value of the Federal land and non-Federal land, after the acquisition of all State trust land located within the wilderness areas or recreation area designated by this part, State trust land located within any of the wilderness areas or national conservation areas in Washington County, Utah, established under subtitle O of title I of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1075); and the State, to the extent necessary to equalize any remaining imbalance of value after all available Washington County, Utah, land described in clause

(i)has been conveyed to the Secretary, conveying to the Secretary additional State trust land as identified and agreed on by the Secretary and the State. If the value of the non-Federal land exceeds the value of the Federal land, the value of the Federal land and the non-Federal land shall be equalized— by the Secretary making a cash equalization payment to the State, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ); or by removing non-Federal land from the exchange. The Secretary shall consult with any federally recognized Indian Tribe in the vicinity of the Federal land and non-Federal land to be exchanged under subsection (b)(1) before the completion of the land exchange. Any conveyance of a parcel of Federal land or non-Federal land under subsection (b)(1) shall include the conveyance of water rights appurtenant to the parcel conveyed. If the Federal land or non-Federal land exchanged under subsection (b)(1) is subject to a lease, permit, or contract for the grazing of domestic livestock in effect on the date of acquisition, the Secretary and the State 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. 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. Nothing in this section prevents the Secretary or the State from canceling or modifying a grazing permit, lease, or contract if the Federal land or non-Federal land subject to the permit, lease, or contract is sold, conveyed, transferred, or leased for non-grazing 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 because the land subject to the permit, lease, or contract has been leased for mineral development. If non-Federal land conveyed by the State under subsection (b)(1) 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. Subject to valid existing rights, the Federal land to be conveyed to the State under subsection (b)(1) is withdrawn from mineral location, entry, and patent under the mining laws pending conveyance of the Federal land to the State.

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