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Bill
Notes

H.R. 5727 — what changed

Emery County Public Land Management Act of 2018

From Introduced in House to Reported in House. 13 sections amended, 1 added, and 1 removed between Introduced in House and Reported in House.

Sec. 2 Definitions

In this Act:

(1)
changed Conservation area—Council— The term Conservation Area Council means the San Rafael Swell Western Heritage and Historic Mining National Conservation Recreation Area Advisory Council established by under section 101(a)(1).103(a).
(2)
removed Council— The term Council means the San Rafael Swell Western Heritage and Historic Mining National Conservation Area Advisory Council established under section 103(a).
(2)
renumbered was (5) County— The term County means Emery County in the State.
(3)
added Management plan— The term Management Plan means the management plan for the Recreation Area developed under section 102(b).
(4)
changed Management plan—Map— The term Management Plan Map means the management plan for the Conservation Area developed under section 102(b).map entitled “Emery County Public Land Management Act of 2018 Overview Map” and dated September 14, 2018.
(5)
changed Map—Recreation area— The term Map Recreation Area means the map entitled “San San Rafael Swell Western Heritage and Historic Mining National Conservation Recreation Area Map” and dated _____, 2018.established by section 101(a)(1).
(6)
Secretary— The term Secretary means—
(A)
changed in titles I and IV, title I, the Secretary of the Interior; andInterior, acting through the Director of the Bureau of Land Management;
(B)
in titles II and III—
(i)
the Secretary of the Interior, acting through the Director of the Bureau of Land Management, with respect to public land; and
(ii)
changed the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)).1702)); and
(C)
added in title IV, the Secretary of the Interior.
(7)
State— The term State means the State of Utah.
(8)
Wilderness area— The term wilderness area means a wilderness area designated by section 201(a).

Sec. 3 Administration

added

added Nothing in this Act affects or modifies any right of any federally recognized Indian Tribe or any obligation of the United States.

Sec. 101 Establishment of Recreation Area

(a)
Establishment—
(1)
changed In general— Subject to valid existing rights, there is established the San Rafael Swell Western Heritage and Historic Mining National Conservation Recreation Area in the State.
(2)
changed Area included— The Conservation Recreation Area shall consist of approximately 336,467 340,906 acres of certain Federal land managed by the Bureau of Land Management land in the State, Management, as generally depicted on the Map.
(b)
changed Purposes— The purposes of the Conservation Recreation Area are to conserve, protect, provide for the protection, conservation, and enhance enhancement of the recreational, recreational (including non-motorized and motorized), cultural, historical, educational, natural, scenic, wildlife, ecological, historical, and wildlife educational resources of the Conservation Recreation Area.
(c)
Map and legal description—
(1)
changed In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Conservation Recreation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
(2)
changed Effect— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct minor clerical and typographical errors in the map or and legal description.
(3)
Public availability— A copy of the map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

Sec. 102 Management of Recreation Area

(a)
changed Uses— The Secretary shall allow only such uses of the Conservation Recreation Area as the Secretary determines would further the purposes of the Conservation Recreation Area.
(b)
Management plan—
(1)
changed In general— Not later than 3 5 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Conservation Recreation Area.
(2)
Requirements— The Management Plan shall—
(A)
changed describe the appropriate uses and management of the Conservation Recreation Area;
(B)
changed be developed with extensive public input; andinput;
(C)
changed take into consideration any information developed in studies of the land within the Conservation Area.Recreation Area; and
(D)
added be developed fully consistent with the settlement agreement entered into on January 13, 2017, in the case in the United States District Court for the District of Utah styled “Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al.” and numbered 2:12–cv–257 DAK.
(c)
changed Outfitting and Guide Activities— Commercial services (including authorized outfitting and guide activities) within the Conservation Recreation Area may be authorized to the extent necessary for activities that fulfill the recreational or other purposes of the Conservation Recreation Area.
(d)
changed Motorized vehicles—vehicles; new roads—
(1)
changed In general—Motorized vehicles— Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Conservation Recreation Area shall be permitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles.
(2)
changed New roads— No additional new roads or motorized vehicle routes shall be built within the Conservation Recreation Area after the date of enactment of this Act.
(e)
Grazing—
(1)
changed In general— The grazing of livestock in the Conservation Recreation Area, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
(A)
applicable law (including regulations);
(B)
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405); and
(C)
changed the purposes of the Conservation Recreation Area.
(2)
changed Inventory— Not later than 1 year 2 years after the date of enactment of this Act, the Secretary, in collaboration with any willing affected grazing permittee, shall—
(A)
changed carry out an inventory of facilities and improvements associated with grazing activities in the Conservation Recreation Area; and
(B)
incorporate into the Management Plan a list of any facilities and improvements inventoried under subparagraph (A).
(f)
changed Cold war sites— The Secretary shall manage the Conservation Recreation Area in a manner that ensures the preservation of Cold War sites, including the Morrison Knudson tunnels, various Department of Defense projects sites, and hundreds of historical uranium mine sites in the Conservation Area.Recreation Area subject to such reasonable regulations, policies, and practices as the Secretary considers necessary to protect public health and safety.
(g)
added Wildfire management— Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Recreation Area, consistent with the purposes of the Recreation Area.
(g)
removed Casual collection—
(1)
removed Definition of casual collection—
(A)
removed In general— In this subsection, the term casual collection means the collection of common invertebrate and plant paleontological resources or rocks and minerals—
(i)
removed by—
(I)
removed surface collection; or
(II)
removed the use of nonpowered hand tools;
(ii)
removed for noncommercial personal use of a reasonable quantity, as determined by the Secretary; and
(iii)
removed that results in negligible disturbance, as determined by the Secretary, of—
(I)
removed the surface of the Earth; and
(II)
removed other resources.
(B)
removed Inclusions— The term casual collection includes the hobby collecting of rocks, subject to the discretion of the Secretary.
(2)
removed Casual collection allowed— The Secretary may allow casual collection in the Conservation Area if the casual collection is consistent with—
(A)
removed the recreational or other purposes of the Conservation Area, as determined by the Secretary; and
(B)
removed the Management Plan.
(h)
changed Wildfire management—Incorporation of acquired land and interests— Nothing Any land or interest in this section prohibits land located within the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in boundary of the Conservation Area, consistent with Recreation Area that is acquired by the purposes of United States after the Conservation Area.date of enactment of this Act shall—
(1)
added become part of the Recreation Area; and
(i)
removed Incorporation of acquired land and interests— Any land or interest in land located within the boundary of the Conservation Area that is acquired by the United States after the date of enactment of this Act shall—
(1)
removed become part of the Conservation Area; and
(2)
renumbered was (10)(4) be managed as provided in this section.
(i)
added Withdrawals— Subject to valid existing rights, all public land within the Recreation Area, including any land or interest in land that is acquired by the United States within the Recreation Area after the date of enactment of this Act, is withdrawn from—
(j)
removed Withdrawals— Subject to valid existing rights, all public land within the Conservation Area, including any land or interest in land that is acquired by the United States within the Conservation Area after the date of enactment of this Act, is withdrawn from—
(1)
renumbered was (11)(3) entry, appropriation or disposal under the public land laws;
(2)
renumbered was (11)(4) location, entry, and patent under the mining laws; and
(3)
renumbered was (11)(5) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
(j)
added Nonmotorized recreation opportunities— Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall conduct a study of nonmotorized recreation trail opportunities within the Recreation Area.
(k)
changed Effect— Nothing in this Act—Act diminishes the authority of the Secretary under Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1331 et seq.).
(l)
added Water rights— Nothing in this title—
(1)
added affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
(2)
added affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
(3)
added affects any interstate water compact in existence on the date of enactment of this Act;
(4)
added authorizes or imposes any new reserved Federal water rights; or
(5)
added shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.
(1)
removed diminishes the authority of the Secretary under Public Law 92–195 (commonly known as the “Wild Free-Roaming Horses and Burros Act”) (16 U.S.C. 1331 et seq.); or
(2)
removed alters, diminishes, or influences the settlement agreement entered into on January 13, 2017, in the case in the United States District Court for the District of Utah styled “Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al.” and numbered 2:12–cv–257 DAK.

Sec. 103 San Rafael Swell Western Heritage and Historic Mining National Recreation Area Advisory Council

(a)
changed Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the “San Rafael Swell Western Heritage and Historic Mining National Conservation Recreation Area Advisory Council”.
(b)
changed Duties— The Council shall advise the Secretary with respect to the preparation and implementation of the Management Plan.Plan, including budgetary matters, for the Recreation Area.
(c)
Applicable law— The Council shall be subject to—
(1)
the Federal Advisory Committee Act (5 U.S.C. App.); and
(2)
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
(d)
changed Members— The Council shall include 10 12 members, to be appointed by the Secretary, of whom, to the maximum extent practicable—
(1)
1 member shall be appointed after considering the recommendations of the Emery County Commission;
(2)
1 member shall be appointed from the motorized recreational community;
(3)
1 member shall be appointed from the nonmotorized recreational community;
(4)
changed 1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Recreation Area or wilderness areas; andareas;
(5)
added 1 member shall be appointed from the local conservation advocacy community;
(6)
added 1 member shall have expertise in the historical uses of the Recreation Area;
(7)
added 1 member shall be appointed from the elected leadership of a federally recognized Indian Tribe that has significant cultural or historical connections to, and expertise in, the landscape, archeological sites, or cultural sites within the County; and
(8)
renumbered was (5)(7) 5 members shall—
(A)
renumbered was (5)(7)(2) reside in, or within reasonable proximity to, the County; and
(B)
renumbered was (5)(7)(3) have a background that reflects—
(i)
added the purposes for which the Recreation Area or wilderness areas are established; and
(ii)
added the interests of the stakeholders that are affected by the planning and management of the Recreation Area and wilderness areas.
(i)
removed the purposes for which the Conservation Area or wilderness areas are established; and
(ii)
removed the interests of the stakeholders that are affected by the planning and management of the Conservation Area and wilderness areas.
(e)
Representation— The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.
(f)
removed Termination— The Council shall terminate on the date that is 1 year after the date on which the Management Plan is adopted by the Secretary.

Sec. 201 Additions to the National Wilderness Preservation System

(a)
Additions— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the State are designated as wilderness and as components of the National Wilderness Preservation System:
(1)
changed Candland mountain—Mountain— Certain Federal land managed by the Forest Service, comprising approximately 12,338 11,521 acres, as generally depicted on the Map, which shall be known as the “Candland Mountain Wilderness”.
(2)
changed Crack canyon—Cold Wash— Certain Federal land managed by the Bureau of Land Management, comprising approximately 25,747 11,162 acres, as generally depicted on the Map, which shall be known as the “Crack Canyon “Cold Wash Wilderness”.
(3)
changed Desolation canyon—Crack Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 173,320 25,719 acres, as generally depicted on the Map, which shall be known as the “Desolation “Crack Canyon Wilderness”.
(4)
changed Devil’s canyon—Desolation Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,630 142,993 acres, as generally depicted on the Map, which shall be known as the “Devil’s “Desolation Canyon Wilderness”.
(5)
changed Horseshoe canyon (north)—Devil’s Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 26,226 8,675 acres, as generally depicted on the Map, which shall be known as the “Horseshoe “Devil’s Canyon (North) Wilderness”.
(6)
changed Mexican mountain—Eagle Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 74,503 13,832 acres, as generally depicted on the Map, which shall be known as the “Mexican Mountain “Eagle Canyon Wilderness”.
(7)
changed Muddy creek—Horseshoe Canyon (North)— Certain Federal land managed by the Bureau of Land Management, comprising approximately 65,652 26,192 acres, as generally depicted on the Map, which shall be known as the “Muddy Creek “Horseshoe Canyon (North) Wilderness”.
(8)
changed Nelson mountain—Mexican Mountain— Certain Federal land managed by the Forest Service, Bureau of Land Management, comprising approximately 7,447 76,368 acres, as generally depicted on the Map, which shall be known as the “Nelson “Mexican Mountain Wilderness”.
(9)
changed San rafael reef—Muddy Creek— Certain Federal land managed by the Bureau of Land Management, comprising approximately 59,880 48,330 acres, as generally depicted on the Map, which shall be known as the “San Rafael Reef “Muddy Creek Wilderness”.
(10)
changed Sid’s mountain—Nelson Mountain— Certain Federal land managed by the Forest Service, comprising approximately 7,176 acres, and certain Federal land managed by the Bureau of Land Management, comprising approximately 75,403 257 acres, as generally depicted on the Map, which shall be known as the “Sid’s “Nelson Mountain Wilderness”.
(11)
added Red's Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,325 acres, as generally depicted on the Map, which shall be known as the “Red’s Canyon Wilderness”.
(12)
added San Rafael Reef— Certain Federal land managed by the Bureau of Land Management, comprising approximately 60,425 acres, as generally depicted on the Map, which shall be known as the “San Rafael Reef Wilderness”.
(13)
added Sid’s Mountain— Certain Federal land managed by the Bureau of Land Management, comprising approximately 49,115 acres, as generally depicted on the Map, which shall be known as the “Sid’s Mountain Wilderness”.
(14)
added Turtle Canyon— Certain Federal land managed by the Bureau of Land Management, comprising approximately 29,029 acres, as generally depicted on the Map, which shall be known as the “Turtle Canyon Wilderness”.
(b)
Map and legal description—
(1)
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with—
(A)
the Committee on Natural Resources of the House of Representatives; and
(B)
the Committee on Energy and Natural Resources of the Senate.
(2)
changed Effect— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor clerical and typographical errors in the map or maps and legal description.descriptions.
(3)
Availability— Each map and legal description filed under paragraph (1) shall on file and available for public inspection in the appropriate office of the Secretary.

Sec. 202 Administration

(a)
Management— Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1)
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
(2)
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
(b)
added Recreational climbing— Nothing in this Act prohibits recreational rock climbing activities in the wilderness areas designated by this Act, such as the placement, use and maintenance of fixed anchors, including those established before the date of the enactment of this Act—
(1)
added in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2)
added subject to any terms and conditions determined to be necessary by the Secretary.
(c)
added Trail plan; study—
(1)
added Plan— After providing opportunities for public comment, the Secretary shall establish a trail plan that addresses hiking and equestrian trails on the wilderness areas in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
(2)
added Report— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan established under paragraph (1).
(d)
added Livestock—
(b)
removed Livestock—
(1)
renumbered was (3)(2) In general— The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
(A)
renumbered was (3)(2)(3) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
(B)
renumbered was (3)(2)(4) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
(2)
added Inventory— With respect to each wilderness area in which grazing of livestock is allowed to continue under paragraph (1), not later than 2 years after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall—
(2)
removed Inventory— With respect to each wilderness area in which grazing of livestock is allowed to continue under paragraph (1), not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall—
(A)
renumbered was (3)(3)(3) carry out an inventory of facilities and improvements associated with grazing activities in the wilderness area; and
(B)
renumbered was (3)(3)(4) review and revise the applicable allotment management plan and grazing permit information.
(e)
renumbered was (4) Wildfire, insect, and disease management— In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40), the Secretary may take such measures in the wilderness areas as are necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with the State or a local agency.
(f)
added Adjacent management—
(d)
removed Adjacent management—
(1)
renumbered was (5)(2) In general— Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas.
(2)
renumbered was (5)(3) Nonwilderness activities— The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
(g)
renumbered was (6) Military overflights— Nothing in this title restricts or precludes—
(1)
renumbered was (6)(3) low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas;
(2)
renumbered was (6)(4) flight testing and evaluation; or
(3)
renumbered was (6)(5) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.
(h)
renumbered was (7) Outfitting and guide activities— Commercial services (including authorized outfitting and guide activities) within the wilderness areas may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas.
(i)
added Land acquisition and incorporation of acquired land and interests—
(g)
removed Casual collection—
(1)
removed Definition of casual collection—
(A)
removed In general— In this subsection, the term casual collection means the collection of common invertebrate and plant paleontological resources or rocks and minerals—
(i)
removed by—
(I)
removed surface collection; or
(II)
removed the use of nonpowered hand tools;
(ii)
removed for noncommercial personal use of a reasonable quantity, as determined by the Secretary; and
(iii)
removed that results in negligible disturbance, as determined by the Secretary, of—
(I)
removed the surface of the Earth; and
(II)
removed other resources.
(B)
removed Inclusion— The term casual collection includes the hobby collecting of rocks, subject to the discretion of the Secretary.
(2)
removed Casual collection allowed— The Secretary may allow casual collection in the wilderness areas if the casual collection is consistent with—
(A)
removed the recreational or other wilderness purposes of the wilderness areas, as determined by the Secretary; and
(B)
removed
(i)
removed with respect to land managed by the Bureau of Land Management, the applicable resource management plan, as in existence on the date of enactment of this Act; or
(ii)
removed with respect to land managed by the Forest Service, the Manti–La Sal National Forest Plan, 1986.
(h)
removed Land acquisition and incorporation of acquired land and interests—
(1)
renumbered was (9)(2) Acquisition authority— The Secretary may acquire land and interests in land within the boundaries of a wilderness area by donation, purchase from a willing seller, or exchange.
(2)
renumbered was (9)(3) Incorporation— Any land or interest in land within the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area.
(j)
renumbered was (10) Native American cultural and religious uses— Nothing in this title diminishes—
(1)
renumbered was (10)(3) the rights of any Tribe; or
(2)
renumbered was (10)(4) any Tribal rights regarding access to Federal land for Tribal activities, including spiritual, cultural, and traditional food-gathering activities.
(k)
renumbered was (11) Climatological data collection— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
(l)
added Water rights—
(k)
removed Water rights—
(1)
renumbered was (12)(2) Statutory construction— Nothing in this Act—
(A)
added shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by section 201;
(B)
added shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States;
(C)
added shall be construed as establishing a precedent with regard to any future wilderness designations;
(D)
added shall affect the interpretation of, or any designation made pursuant to, any other Act; or
(E)
added shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportions water among and between the State and other States.
(2)
added State water law— The Secretary shall follow the procedural and substantive requirements of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by section 201.
(3)
added Limitation on new water resource facilities—
(A)
added Definition of water resource facility—
(A)
removed constitutes an express or implied reservation by the United States of any water or water rights with respect to the wilderness areas;
(B)
removed affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act;
(C)
removed establishes a precedent with regard to any future wilderness designations;
(D)
removed affects the interpretation of, or any designation made under, any other Act; or
(E)
removed limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States.
(2)
removed State water law— The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas.
(3)
removed Limitation on new water resource facilities—
(A)
removed Definition of water resource facility—
(i)
renumbered was (12)(4)(2)(2) In general— In this paragraph, the term water resource facility means an irrigation and pumping facility, reservoir, water conservation works, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission or other ancillary facility, and any other water diversion, storage, or carriage structure.
(ii)
renumbered was (12)(4)(2)(3) Exclusion— In this paragraph, the term water resource facility does not include a wildlife guzzler or a management activity described in section 203.
(B)
added Limitation— Except as otherwise provided in this Act, on or after the date of enactment of this Act, the President or any other officer, employee, or agent of the United States may not fund, assist, authorize, or issue a license or permit for the development of any new water resource facility inside a wilderness area designated by section 201.
(m)
added Memorandum of understanding— The Secretary shall offer to enter into a memorandum of understanding with the County to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Crack Canyon Wilderness established by section 201(a)(3).
(B)
removed Limitation— Except as otherwise provided in this Act, on or after the date of enactment of this Act, the President or any other officer, employee, or agent of the United States may not fund, assist, authorize, or issue a license or permit for the development of any new water resource facility inside a wilderness area.
(l)
removed Memorandum of understanding— The Secretary shall offer to enter into a memorandum of understanding with the County to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Crack Canyon Wilderness established by section 201(a)(2).

Sec. 204 Release of land for nonwilderness use

(a)
changed Finding— Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 14,779 17,420 acres of public land administered by the Bureau of Land Management in the County that has not been designated as wilderness by section 201(a) has been adequately studied for wilderness designation.
(b)
Release— The public land described in subsection (a)—
(1)
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(2)
shall be managed in accordance with—
(A)
applicable law; and
(B)
any applicable land management plan adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).

Sec. 301 Green River wild and scenic river designation

(a)
added In general— Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

added “(214) Green River—The approximately 63-mile segment, as generally depicted on the Map, to be administered by the Secretary of the Interior, in the following classifications:

added “(A) Green River Segment A—The 5.3-mile segment from the boundary of the Uintah and Ouray Reservation, south to the Nefertiti boat ramp and adjacent land rim-to-rim, as a wild river.

added “(B) Green River Segment B—The 8.5-mile segment from Nefertiti boat ramp, south to the Swasey’s boat ramp and adjacent land rim-to-rim, as a recreational river.

added “(C) Green River Segment C—The 49.2-mile segment from Bull Bottom, south to the Emery-Wayne county line and adjacent land rim-to-rim, as a scenic river.”

(b)
added Incorporation of acquired non-federal land— If the United States acquires any non-Federal land within or adjacent to a river segment of the Green River designated by paragraph (214) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the acquired river segment shall be incorporated in, and be administered as part of, the applicable wild, scenic, or recreational river.

removed Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

removed “(213) Green river—The 54-mile segment, as generally depicted on the map entitled “San Rafael Swell Western Heritage and Historic Mining National Conservation Area” and dated ____, 2018, to be administered by the Secretary of the Interior, in accordance with the classifications designated on that map.”

Sec. 401 Goblin Valley State Park recreation and public purpose agreement

(a)
changed In general— At the request of the State, the Secretary may shall offer to enter into a cooperative recreation and public purposes agreement with the State for the cooperative management Utah Division of the Federal land described in subsection (b), which shall be known as Parks and Recreation of the “Temple Mountain Cooperative Management Area” Utah Department of Natural Resources (referred to in this section as the “Management Area”).“State”), that provides for the management by the State of the land identified on the Map as the “Goblin Valley State Park Expansion” as a State park in accordance with State law.
(b)
changed Description of land—Reversionary clause required— The Federal land referred to in An agreement entered into under subsection (a) is the Bureau shall include a reversionary clause to ensure that management of Land Management the land described in that subsection shall revert to the County comprising approximately 7,792 acres and identified as “Temple Mountain Cooperative Management Area” on Secretary if the Map, excluding any wilderness areas.land is no longer being managed as a State park.
(c)
removed Purposes—
(1)
removed In general— The purposes of the Management Area are—
(A)
removed to promote and manage outdoor recreation, such as camping, off-highway vehicle use, mountain biking, rock climbing, equestrian use, and hiking; and
(B)
removed to conserve the recreational and scenic resources of the Management Area.
(2)
removed Priority— For purposes of administering the Management Area, the Secretary shall give equal priority consideration to each of the purposes described in paragraph (1).
(d)
removed Terms— The cooperative agreement entered into under subsection (a)—
(1)
removed shall—
(A)
removed clarify the roles, responsibilities, and limitations of the Secretary and the State with respect to recreation management within the Management Area;
(B)
removed apply only to recreational activities, including motorized, mechanized, equestrian, and human-powered uses within the Management Area;
(C)
removed require that recreational activities within the Management Area shall continue to be managed in accordance with—
(i)
removed the requirements applicable to the Conservation Area; and
(ii)
removed applicable Federal laws;
(D)
removed allow for recreational improvements of routes and trails for motorized and nonmotorized use to enhance recreational opportunities and minimize resource conflict;
(E)
removed address the establishment, distribution, and use of any revenues generated by recreational activities (including entrance fees) within the Management Area; and
(F)
removed specify that the State agency responsible for administering the Management Area shall be the Utah Division of Parks and Recreation of the Utah Department of Natural Resources;
(2)
removed shall not affect—
(A)
removed management within the Management Area that is not related to the conduct of recreational activities; or
(B)
removed recreational activities conducted outside the Management Area; and
(3)
removed shall not apply to a wilderness area within the Management Area.
(e)
removed Termination— The Secretary may terminate the cooperative agreement entered into under subsection (a) before the end of the term of the cooperative agreement if the Secretary determines that early termination of the agreement is necessary.

Sec. 402 Jurassic National Monument

(a)
changed In general—Purposes— At To conserve, interpret, and enhance for the request benefit of the State, the Secretary shall offer to enter into a recreation present and public purposes agreement with future generations the Utah Division of Parks paleontological, scientific, educational, and Recreation recreational resources of the Utah Department of Natural Resources area and subject to valid existing rights, there is established in the County a national monument, to be known as the “Jurassic National Monument” (referred to in this section as the “State”), that provides for the management by the State “Monument”), consisting of the approximately 850 acres of Federal land identified on in the Map County, as generally depicted on the “Goblin Valley State Park Expansion” as a State park in accordance with State law.Map.
(b)
added Map and legal description—
(1)
added In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of the Monument.
(2)
added Effect— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description, subject to the requirement that, before making the proposed corrections, the Secretary shall submit to the State and any affected county the proposed corrections.
(3)
added Public availability— A copy of the map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(c)
added Withdrawals— Subject to valid existing rights, any land within the boundaries of the Monument or any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from—
(1)
added entry, appropriation, or disposal under the Federal land laws;
(2)
added location, entry, and patent under the mining laws; and
(3)
added operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
(d)
added Management—
(1)
added In general— The Secretary shall manage the Monument—
(A)
added in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in subsection (a); and
(B)
added in accordance with—
(i)
added this section;
(ii)
added the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii)
added any other applicable Federal law.
(2)
added National landscape conservation system— The Monument shall be managed as a component of the National Landscape Conservation System.
(e)
added Management plan—
(1)
added In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.
(2)
added Components— The management plan developed under paragraph (1)—
(A)
added shall—
(i)
added describe the appropriate uses and management of the Monument, consistent with the provisions of this section; and
(ii)
added allow for continued scientific research at the Monument during the development of the management plan for the Monument; and
(B)
added may—
(i)
added incorporate any appropriate decisions contained in any management or activity plan applicable to the land described in subsection (a); and
(ii)
added use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act.
(f)
added Authorized uses— The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established.
(g)
added Interpretation, education, and scientific research—
(1)
added In general— The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument.
(2)
added Cooperative agreements— The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1).
(h)
added Special management areas—
(1)
added In general— The establishment of the Monument shall not modify the management status of any area within the boundary of the Monument that is managed as an area of critical environment concern.
(2)
added Conflict of laws— If there is a conflict between the laws applicable to an area described in paragraph (1) and this section, the more restrictive provision shall control.
(i)
added Motorized vehicles— Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan for the Monument developed under subsection (e).
(j)
added Water rights— Nothing in this section constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument.
(k)
added Grazing— The grazing of livestock in the Monument, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
(1)
added applicable law (including regulations);
(2)
added the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405); and
(3)
added the purposes of the Monument.
(b)
removed Reversionary clause required— An agreement entered into under subsection (a) shall include a reversionary clause to ensure that management of the land described in that subsection shall revert to the Secretary if the land is no longer being managed as a State park.

Sec. 403 Public land disposal and acquisition

(a)
changed Purposes—In general— To conserve, interpret, and enhance for the benefit of present and future generations the paleontological, scientific, educational, and recreational resources of Consistent with applicable law, the area and subject to valid existing rights, there is established Secretary may sell public land located in the County a national monument, to be known that was identified as the “Jurassic National Monument” (referred to in this section potentially suitable for disposal based on specific criteria as listed in the “Monument”), consisting of approximately 2,543 acres of Federal land Land Policy and Management Act of 1976 (43 U.S.C. 1713) in the County, as generally depicted applicable resource management plan in existence on the Map.date of enactment of this Act, or subsequent revisions thereto.
(b)
changed Map and legal description—Use of proceeds—
(1)
changed In general— Not later Notwithstanding any other provision of law (other than 2 years after a law that specifically provides for a portion of the date proceeds of enactment a land sale to be distributed to any trust fund of this Act, the Secretary shall file with State), proceeds from the Committee on Energy and Natural Resources sale of the Senate and public land under subsection (a) shall be deposited in a separate account in the Committee on Natural Resources of Treasury, to be known as the House of Representatives a map and legal description of “Emery County, Utah, Land Acquisition Account” (referred to in this section as the Monument.“Account”).
(2)
added Availability—
(A)
added In general— Amounts in the Account shall be available to the Secretary, without further appropriation, to purchase from willing sellers land or interests in land within a wilderness area or the Recreation Area.
(B)
added Applicability— Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.
(C)
added Protection of cultural resources— To the extent that there are amounts in the Account in excess of the amounts needed to carry out subparagraph (A), the Secretary may use the excess amounts for the protection of cultural resources within the County.
(2)
removed Effect— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description, subject to the requirement that, before making the proposed corrections, the Secretary shall submit to the State and any affected county the proposed corrections.
(3)
removed Public availability— A copy of the map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
(c)
removed Withdrawals— Subject to valid existing rights, any land within the boundaries of the Monument or any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from—
(1)
removed entry, appropriation, or disposal under the Federal land laws;
(2)
removed location, entry, and patent under the mining laws; and
(3)
removed operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
(d)
removed Management—
(1)
removed In general— The Secretary shall manage the Monument—
(A)
removed in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in subsection (a); and
(B)
removed in accordance with—
(i)
removed this section;
(ii)
removed the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(iii)
removed any other applicable Federal law.
(2)
removed National landscape conservation system— The Monument shall be managed as a component of the National Landscape Conservation System.
(e)
removed Management plan—
(1)
removed In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.
(2)
removed Components— The management plan developed under paragraph (1)—
(A)
removed shall—
(i)
removed describe the appropriate uses and management of the Monument, consistent with the provisions of this section; and
(ii)
removed allow for continued scientific research at the Monument during the development of the management plan for the Monument; and
(B)
removed may—
(i)
removed incorporate any appropriate decisions contained in any management or activity plan applicable to the land described in subsection (a); and
(ii)
removed use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act.
(f)
removed Authorized uses— The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established.
(g)
removed Interpretation, education, and scientific research—
(1)
removed In general— The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument.
(2)
removed Cooperative agreements— The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1).
(h)
removed Special management areas—
(1)
removed In general— The establishment of the Monument shall not modify the management status of any area within the boundary of the Monument that is—
(A)
removed designated as a wilderness study area and managed in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or
(B)
removed managed as an area of critical environment concern.
(2)
removed Conflict of laws— If there is a conflict between the laws applicable to an area described in paragraph (1) and this section, the more restrictive provision shall control.
(i)
removed Motorized vehicles— Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan for the Monument developed under subsection (e).
(j)
removed Water rights— Nothing in this section constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument.

Sec. 404 Public purpose conveyances

(a)
changed In general— Consistent with applicable law, Notwithstanding the Secretary may sell public land located in use planning requirement of sections 202 and 203 of the County that was identified as suitable for potential disposal in Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request by the applicable resource management plan in existence on local governmental entity, the date of enactment Secretary shall convey without consideration the following parcels of this Act.public land to be used for public purposes:
(1)
added Emery city recreation area— The approximately 640-acre parcel as generally depicted on the Map, to the City of Emery, Utah, for the creation or enhancement of public recreation opportunities.
(2)
added Huntington airport— The approximately 1,400-acre parcel as generally depicted on the Map, to Emery County, Utah, for expansion of Huntington Airport.
(3)
added Emery county sheriff’s office— The approximately 640-acre parcel as generally depicted on the Map, to Emery County, Utah, for the Emery County Sheriff’s Office substation.
(4)
added Buckhorn information center— The approximately 65-acre parcel as generally depicted on the Map, to Emery County, Utah, for the Buckhorn Information Center and enhancing access to visitor information.
(b)
changed Use of proceeds—Map and legal description—
(1)
changed In general— Notwithstanding any other provision As soon as practicable after the date of law (other than a law that specifically provides for a portion enactment of this Act, the proceeds of Secretary shall file a land sale to be distributed to any trust fund map and legal description of the State), proceeds from the sale each parcel of public land to be conveyed under subsection (a) shall be deposited in a separate account in the Treasury, to be known as the “Emery County, Utah, Land Acquisition Account” (referred to in this section as the “Account”).with—
(A)
added the Committee on Energy and Natural Resources of the Senate; and
(B)
added the Committee on Natural Resources of the House of Representatives.
(2)
added Effect— Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical or typographical errors in the map and legal description.
(3)
added Public availability— Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Price Field Office of the Bureau of Land Management.
(c)
added Reversion—
(1)
added In general— If a parcel of land conveyed under subsection (a) is used for a purpose other than the purpose described in that subsection, the parcel of land shall, at the discretion of the Secretary, revert to the United States.
(2)
added Responsibility for remediation— In the case of a reversion under paragraph (1), if the Secretary determines that the parcel of land is contaminated with hazardous waste, the local governmental entity to which the parcel of land was conveyed under subsection (a) shall be responsible for remediation.
(2)
removed Availability—
(A)
removed In general— Amounts in the Account shall be available to the Secretary, without further appropriation, to purchase from willing sellers land or interests in land within a wilderness area or the Conservation Area.
(B)
removed Applicability— Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.

Sec. 405 School and Institutional Trust Lands Administration land

(a)
changed In general—Definitions— Notwithstanding the land use planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on request by the applicable local governmental entity, the Secretary shall convey without consideration the following parcels of public land to be used for public purposes:In this section:
(1)
changed Application— The approximately 640 acres term application means an application for State relinquishment of a State land comprising the Emery City Recreation Area.grant parcel and State selection of unappropriated public land filed under this section.
(2)
changed Indian land— The approximately 1,400 acres of term Indian land comprising the Huntington Airport.means—
(A)
added any land owned by an Indian Tribe located within the boundaries of an Indian reservation, pueblo, or rancheria; or
(B)
added any land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held—
(i)
added in trust by the United States for the benefit of an Indian Tribe or a member of an Indian Tribe;
(ii)
added by an Indian Tribe or a member of an Indian Tribe, subject to restriction against alienation under laws of the United States; or
(iii)
added by a dependent Indian community.
(3)
changed Relinquishment area— The approximately 640 acres of term Relinquishment Area means any land comprising the State Road 6 Emery County Sheriff’s Office substation site.within—
(A)
added the Recreation Area; or
(B)
added a wilderness area.
(4)
changed State— The approximately 65 acres of land comprising term State means the Buckhorn Information Center.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.
(5)
added State land grant parcel— The term State land grant parcel means—
(A)
added 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
(B)
added any land located wholly or partially within a Relinquishment Area that was acquired by the State for a purpose described in subparagraph (A).
(6)
added Unappropriated public land—
(A)
added In general— 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).
(B)
added Inclusion— 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.).
(C)
added Exclusions— The term unappropriated public land does not include Federal land that is—
(i)
added except as provided in subparagraph (B), acquired land;
(ii)
added 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);
(iii)
added 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));
(iv)
added in a special recreation management area;
(v)
added 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
(vi)
added Indian land.
(b)
changed Map Relinquishment of State land grant parcels and legal description—selection of replacement land—
(1)
changed In general—Authority to select— As soon as practicable after the date of enactment of In accordance with this Act, section, the State may, on approval by the Secretary shall file a map and legal description of each parcel of land to be conveyed an application filed under subsection (a) with—this section—
(A)
changed relinquish to the Committee on Energy and Natural Resources of Secretary the Senate; State land grant parcels described in the approved application; and
(B)
changed in exchange for the Committee on Natural Resources of relinquished land, select unappropriated public land in the House of Representatives.State for conveyance by the Secretary to the State.
(2)
changed Effect—Processing— Each map and legal description The Secretary shall promptly process any application filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors section in the map or legal description.accordance with subsection (c).
(3)
added Valid existing rights—
(A)
added In general— Any land conveyed under this section shall be subject to valid existing rights.
(B)
added Succession— 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.
(3)
removed Public availability— Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Price Field Office of the Bureau of Land Management.
(c)
changed Reversion—Application and conveyance procedures—
(1)
added Approval or disapproval of applications—
(A)
added Deadline for approval— 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.
(B)
added Partial approval authorized— An application may be approved by the Secretary in whole or in part.
(C)
added Limitation— 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.
(2)
added Conveyance—
(A)
added Conveyance by State— The conveyance of any State land grant parcel under this section shall be by patent or deed acceptable to the Secretary.
(B)
added Conveyance by Secretary—
(i)
added Deadline for conveyance of unappropriated public land— 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.
(ii)
added Terms and conditions— 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.
(3)
added Environmental analysis—
(A)
added In general— Except as otherwise provided in this subsection, the Secretary shall convey unappropriated public land under this section in accordance with—
(i)
added the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii)
added any other applicable law.
(B)
added Environmental assessment or environmental impact statement— 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—
(i)
added the proposed agency action; and
(ii)
added the alternative of no action.
(d)
added Mineral land—
(1)
added Selection and conveyance—
(A)
added In general— Subject to the provisions of this section, the State may select, and the Secretary may convey, unappropriated public land that is mineral in character.
(B)
added Exclusion— 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—
(i)
added the portion represents the entire portion available for selection under this Act; and
(ii)
added the lessee or permittee, respectively, consents.
(2)
added Mining claims—
(A)
added Mining claims unaffected— Nothing in this section alters, diminishes, or expands the existing rights of a mining claimant under applicable law.
(B)
added Validity examinations— 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.
(C)
added Withdrawal— 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—
(i)
added the selected unappropriated public land is conveyed by the Secretary to the State;
(ii)
added the Secretary makes a final determination not accepting the selection of the unappropriated public land; or
(iii)
added the State withdraws the selection of the unappropriated public land.
(e)
added Construction with other laws—
(1)
added Consideration— 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.
(2)
added Presumption of plan adequacy— 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.
(f)
added Valuation—
(1)
added Equal value—
(A)
added In general— The overall value of the State land grant parcels and parcels of unappropriated public land to be conveyed to the State shall be—
(i)
added equal; or
(ii)
added if the value is not equal—
(I)
added equalized by the payment of funds to the State or to the Secretary as the circumstances require; or
(II)
added reflected on the balance of a ledger account established under paragraph (3).
(B)
added Appraisal required— 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—
(i)
added the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
added the Uniform Standards for Professional Appraisal Practice.
(2)
added Low value parcels—
(A)
added Valuation— 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—
(i)
added less than $500,000; and
(ii)
added less than $500 per acre.
(B)
added Division— 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).
(3)
added Ledger accounts—
(A)
added In general— 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.
(B)
added Imbalances— A ledger account described in subparagraph (A) shall reflect imbalances in value to be reconciled in a subsequent transaction.
(C)
added Account balancing— Each ledger account established under this paragraph shall be—
(i)
added balanced not later than 3 years after the date on which the ledger account is established; and
(ii)
added closed not later than 5 years after the date of the last conveyance of land under this section.
(4)
added Costs— The Secretary or the State may—
(A)
added assume costs or other responsibilities or requirements for conveying land under this section that would generally be the responsibility of the other party; and
(B)
added 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).
(5)
added Adjustment— 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.
(g)
added Miscellaneous provisions—
(1)
added Hazardous materials— 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.
(2)
added Appurtenant water rights— 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.
(3)
added Grazing permits—
(A)
added In general— 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.
(B)
added Renewal— 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.
(C)
added Cancellation—
(i)
added In general— 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.
(ii)
added 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 for land conveyed under this section because the land subject to the permit, lease, or contract has been leased for mineral development.
(D)
added Base properties— 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.
(h)
added Effect on other State selection authorizations— 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—
(1)
added sections 6, 8, and 12 of the Act of July 16, 1894 (28 Stat. 107, chapter 138); or
(2)
added sections 2275 and 2276 of the Revised Statutes (43 U.S.C. 851, 852).
(1)
removed In general— If a parcel of land conveyed under subsection (a) is used for a purpose other than the purpose described in that subsection, the parcel of land shall, at the discretion of the Secretary, revert to the United States.
(2)
removed Responsibility for remediation— In the case of a reversion under paragraph (1), if the Secretary determines that the parcel of land is contaminated with hazardous waste, the local governmental entity to which the parcel of land was conveyed under subsection (a) shall be responsible for remediation.

Sec. 406 Exchange of School and Institutional Trust Lands Administration land

removed
(a)
removed Definitions— In this section:
(1)
removed Application— 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.
(2)
removed Relinquishment area— The term Relinquishment Area means any land within—
(A)
removed the Conservation Area; or
(B)
removed a wilderness area.
(3)
removed State— 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.
(4)
removed State land grant parcel— The term State land grant parcel means—
(A)
removed 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
(B)
removed any land located wholly or partially within a Relinquishment Areal that was acquired by the State for a purpose described in subparagraph (A).
(5)
removed Unappropriated public land—
(A)
removed In general— 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).
(B)
removed Inclusion— 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.).
(C)
removed Exclusions— The term unappropriated public land does not include Federal land that is—
(i)
removed except as provided in subparagraph (B), acquired land;
(ii)
removed in a unit of the National Land Conservation System established by the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 991);
(iii)
removed 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)); or
(iv)
removed in a special recreation management area.
(b)
removed Relinquishment of State land grant parcels and selection of replacement land—
(1)
removed Authority to select— In accordance with this section, the State may, on approval by the Secretary of an application filed under this section—
(A)
removed relinquish to the Secretary the State land grant parcels described in the approved application; and
(B)
removed in exchange for the relinquished land, select unappropriated public land in the State for conveyance by the Secretary to the State.
(2)
removed Processing— The Secretary shall promptly process any application filed under this section in accordance with subsection (c).
(3)
removed Valid existing rights—
(A)
removed In general— Any land conveyed under this section shall be subject to valid existing rights.
(B)
removed Succession— 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.
(c)
removed Application and conveyance procedures—
(1)
removed Approval or disapproval of applications—
(A)
removed Deadline for approval— 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.
(B)
removed Partial approval authorized— An application may be approved by the Secretary in whole or in part.
(C)
removed Limitation— 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.
(2)
removed Conveyance—
(A)
removed Conveyance by State— The conveyance of any State land grant parcel under this section shall be by patent or deed acceptable to the Secretary.
(B)
removed Conveyance by Secretary—
(i)
removed Deadline for conveyance of unappropriated public land— 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.
(ii)
removed Terms and conditions— 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.
(3)
removed Environmental analysis—
(A)
removed In general— Except as otherwise provided in this subsection, the Secretary shall convey unappropriated public land under this section in accordance with—
(i)
removed the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii)
removed any other applicable law.
(B)
removed Environmental assessment or environmental impact statement— 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—
(i)
removed the proposed agency action; and
(ii)
removed the alternative of no action.
(d)
removed Mineral land—
(1)
removed Selection and conveyance—
(A)
removed In general— Subject to the provisions of this section, the State may select, and the Secretary may convey, unappropriated public land that is mineral in character.
(B)
removed Exclusion— The State may not select, and the Secretary may not convey—
(i)
removed unappropriated public land that includes only a portion of a mineral lease or permit; or
(ii)
removed only the Federal mineral estate to unappropriated public land, unless the United States does not own the associated surface estate of the unappropriated public land.
(2)
removed Mining claims—
(A)
removed Mining claims unaffected— Nothing in this section alters, diminishes, or expands the existing rights of a mining claimant under applicable law.
(B)
removed Validity examinations— 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.
(C)
removed Withdrawal— 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—
(i)
removed the selected unappropriated public land is conveyed by the Secretary to the State;
(ii)
removed the Secretary makes a final determination not accepting the selection of the unappropriated public land; or
(iii)
removed the State withdraws the selection of the unappropriated public land.
(e)
removed Construction with other laws—
(1)
removed Consideration— 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.
(2)
removed Presumption of plan adequacy— 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.
(f)
removed Valuation—
(1)
removed Equal value—
(A)
removed In general— The overall value of the State land grant parcels and parcels of unappropriated public land to be conveyed to the State shall be—
(i)
removed equal; or
(ii)
removed if the value is not equal—
(I)
removed equalized by the payment of funds to the State or to the Secretary as the circumstances require; or
(II)
removed reflected on the balance of a ledger account established under paragraph (3).
(B)
removed Appraisal required— 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—
(i)
removed the Uniform Appraisal Standards for Federal Land Acquisitions; and
(ii)
removed the Uniform Standards for Professional Appraisal Practice.
(2)
removed Low value parcels—
(A)
removed Valuation— 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—
(i)
removed less than $500,000; and
(ii)
removed less than $500 per acre.
(B)
removed Division— 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).
(3)
removed Ledger accounts—
(A)
removed In general— 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.
(B)
removed Imbalances— A ledger account described in subparagraph (A) shall reflect imbalances in value to be reconciled in a subsequent transaction.
(C)
removed Account balancing— Each ledger account established under this paragraph shall be—
(i)
removed balanced not later than 3 years after the date on which the ledger account is established; and
(ii)
removed closed not later than 5 years after the date of the last conveyance of land under this section.
(4)
removed Costs— The Secretary or the State may—
(A)
removed assume costs or other responsibilities or requirements for conveying land under this section that would generally be the responsibility of the other party; and
(B)
removed 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).
(5)
removed Adjustment— 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.
(g)
removed Miscellaneous provisions—
(1)
removed Hazardous materials— 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.
(2)
removed Appurtenant water rights— 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.
(3)
removed Grazing permits—
(A)
removed In general— 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.
(B)
removed Renewal— 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.
(C)
removed Cancellation—
(i)
removed In general— 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.
(ii)
removed 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 for land conveyed under this section because the land subject to the permit, lease, or contract has been leased for mineral development.
(D)
removed Base properties— 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.
(h)
removed Effect on other State selection authorizations— 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—
(1)
removed sections 6, 8, and 12 of the Act of July 16, 1894 (28 Stat. 107, chapter 138); or
(2)
removed sections 2275 and 2276 of the Revised Statutes (43 U.S.C. 851, 852).