16 U.S.C. § 272g — Land exchange involving school trust land
submitted 28 years ago by Pub. L. 92-155 to r/title-16-CONSERVATION · 465 words · no verdicts yet
This law sets up a land swap between Utah and the federal government inside Arches National Park. Utah can trade a section of school trust land for about 639 acres of federal land elsewhere. Utah must consult with federal land managers and preserve existing uses on the land it receives.
(a) Exchange requirement
(1) In general — If, within one year after October 30, 1998, and following this section's rules, Utah offers to transfer all its right, title, and interest in the school trust land described in subsection (b)(1) to the United States, the Secretary (A) must accept that offer on the United States' behalf, and (B) within 180 days of accepting, must convey to Utah all the United States' right, title, and interest in the land described in subsection (b)(2).
(2) Simultaneous conveyances — Title to the school trust land must be conveyed at the same time as title to the federal land.
(3) Valid existing rights — The exchange is subject to valid existing rights, such as an existing lease, right-of-way, or permit affecting the land. Each side takes on the other party's rights and obligations regarding those existing arrangements.
(b) Description of parcels
(1) State conveyance — The school trust land Utah conveys is section 16, Township 23 South, Range 22 East of the Salt Lake base and meridian.
(2) Federal conveyance — The federal land the Secretary conveys to Utah is about 639 acres in section 1, Township 25 South, Range 18 East, Salt Lake base and meridian, described as (A) Lots 1 through 12, (B) the S½N½ of that section, and (C) the N½N½N½S½ of that section.
(3) Equivalent value — This federal land is treated as equivalent in value to the school trust land, under this law itself.
(c) Management by State
(1) In general — At least 60 days before disturbing the surface of any land it acquires under this section, Utah must consult with the Utah State Office of the Bureau of Land Management about the extent and impact of that activity on federal land and resources, and must inventory, mitigate, and manage any archaeological, paleontological, and cultural resources on the acquired land, consistent with federal law.
(2) Preservation of existing uses — As far as it is consistent with the laws governing Utah's own school trust land, the state must preserve the grazing, recreational, and wildlife uses that existed on the acquired land as of October 30, 1998.
(3) Activities authorized by management plan — Nothing in this subsection stops Utah from authorizing or undertaking a surface or mineral activity that is authorized by a land management plan for the acquired land.
If, not later than 1 year after October 30, 1998, and in accordance with this section, the State of Utah offers to transfer all right, title, and interest of the State in and to the school trust land described in subsection (b)(1) to the United States, the Secretary—
shall accept the offer on behalf of the United States; and
not later than 180 days after the date of acceptance, shall convey to the State of Utah all right, title, and interest of the United States in and to the land described in subsection (b)(2).
Title to the school trust land shall be conveyed at the same time as conveyance of title to the Federal lands by the Secretary.
The land exchange under this section shall be subject to valid existing rights, and each party shall succeed to the rights and obligations of the other party with respect to any lease, right-of-way, or permit encumbering the exchanged land.
The school trust land to be conveyed by the State of Utah under subsection (a) is section 16, Township 23 South, Range 22 East of the Salt Lake base and meridian.
The Federal land to be conveyed by the Secretary consists of approximately 639 acres located in section 1, Township 25 South, Range 18 East, Salt Lake base and meridian, and more fully described as follows:
Lots 1 through 12.
The S½N½ of such section.
The N½N½N½S½ of such section.
The Federal land described in paragraph (2) shall be considered to be of equivalent value to that of the school trust land described in paragraph (1).
At least 60 days before undertaking or permitting any surface disturbing activities to occur on land acquired by the State of Utah under this section, the State shall consult with the Utah State Office of the Bureau of Land Management concerning the extent and impact of such activities on Federal land and resources and conduct, in a manner consistent with Federal law, inventory, mitigation, and management activities in connection with any archaeological, paleontological, and cultural resources located on the acquired lands.
To the extent that it is consistent with applicable law governing the use and disposition of State school trust land, the State shall preserve existing grazing, recreational, and wildlife uses of the acquired lands in existence on October 30, 1998.
Nothing in this subsection precludes the State of Utah from authorizing or undertaking a surface or mineral activity that is authorized by a land management plan for the acquired land.
Source credit: (Pub. L. 92–155, § 8, as added Pub. L. 105–329, § 2(e)(2), Oct. 30, 1998, 112 Stat. 3062; amended Pub. L. 106–176, title III, § 302, Mar. 10, 2000, 114 Stat. 32.)
- 1998Enacted · Pub. L. 92-155 · 112 Stat. 3062
- 2000Amended · Pub. L. 106-176 · 114 Stat. 32
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-155 on 1998-10-30.
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