Sec. 3012. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND

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## SEC. 3012 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 (or a designee) all right, title, and interest of the United States in and to the Federal land. ###

(b)Applicable Law ####

(1)In general The land exchange 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. ####

(2)Effect of study The Secretary shall carry out the land exchange under this subtitle notwithstanding section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852). ####

(3)Land use planning 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 under this subtitle. ###

(c)Valid Existing Rights The exchange authorized under subsection

(a)shall be subject to valid existing rights. ###

(d)Title Approval Title to the Federal land and non-Federal land to be exchanged under this subtitle shall be in a format acceptable to the Secretary and the State. ###

(e)Appraisals ####

(1)In general The value of the Federal land and the non-Federal land to be exchanged under this subtitle shall be determined by appraisals conducted by 1 or more independent and qualified appraisers. ####

(2)State appraiser The Secretary and the State may agree to use an independent and qualified appraiser retained by the State, with the consent of the Secretary. ####

(3)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 and the Uniform Standards of Professional Appraisal Practice. ####

(4)Minerals #####

(A)Mineral reports The appraisals under paragraph

(1)may take into account mineral and technical reports provided by the Secretary and the State in the evaluation of minerals in the Federal land and non-Federal land. #####

(B)Mining claims 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. #####

(C)Validity examination Nothing in this subtitle requires the Secretary to conduct a mineral examination for any mining claim on the Federal land. ####

(5)Approval An appraisal conducted under paragraph

(1)shall be submitted to the Secretary and the State for approval. ####

(6)Duration 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. ####

(7)Cost of appraisal #####

(A)In general The cost of an appraisal conducted under paragraph

(1)shall be paid equally by the Secretary and the State. #####

(B)Reimbursement by secretary 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. ###

(f)Conveyance of Title It is the intent of Congress that the land exchange authorized under this subtitle 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 (e). ###

(g)Public Inspection and Notice ####

(1)Public inspection At least 30 days before the date of conveyance of the Federal land and non-Federal land, all final appraisals and appraisal reviews for the Federal land and non-Federal land to be exchanged under this subtitle shall be available for public review at the office of the State Director of the Bureau of Land Management in the State. ####

(2)Notice 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

(e)are available for public inspection. ###

(h)Consultation With Indian Tribes 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 this subtitle before the completion of the land exchange. ###

(i)Equal Value Exchange ####

(1)In general The value of the Federal land and non-Federal land to be exchanged under this subtitle— #####

(A)shall be equal; or #####

(B)shall be made equal in accordance with paragraph (2). ####

(2)Equalization #####

(A)Surplus of federal land ######

(i)In general 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— ######

(I)State trust land parcel 1, as described in the assessment entitled “Bureau of Land Management Environmental Assessment UT-100-06-EA”, numbered UTU-82090, and dated March 2008; or ######

(II)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). ######

(ii)Order of conveyances Any non-Federal land required to be conveyed to the Secretary under clause

(i)shall be conveyed until the value of the Federal land and non-Federal land is equalized. #####

(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 the non-Federal land shall be equalized— ######

(i)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 ######

(ii)by removing non-Federal land from the exchange. ###

(j)Grazing Permits ####

(1)In general If the Federal land or non-Federal land exchanged under this subtitle 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. ####

(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 #####

(A)In general Nothing in this subtitle 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. #####

(B)Limitation 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. ####

(4)Base properties If non-Federal land conveyed by the State under this subtitle 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— #####

(A)the remaining term of the lease or permit; and #####

(B)the term of any renewal or extension of the lease or permit. ###

(k)Withdrawal of Federal Land From Mineral Entry Prior To Exchange Subject to valid existing rights, the Federal land to be conveyed to the State under this subtitle 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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