Overview

Title

To provide for the exchange of certain Federal land and State land in the State of Utah.

ELI5 AI

In this bill, the government wants to swap some pieces of land with Utah to make sure these lands are used better in the future. They have some rules and checks to make sure everything is fair and in the best interest for everyone.

Summary AI

S. 1405 aims to authorize the exchange of specific federal and state lands in Utah. The agreement, involving the Utah School and Institutional Trust Lands Administration, the state, and the Secretary of the Interior, has been ratified by Congress and mandates the execution of land conveyances. These exchanges are deemed in the public interest and must abide by the conditions outlined in the Memorandum of Understanding. Additionally, the bill includes provisions for appraising the land values and updating certain water supply exclusions in Sunnyside, Utah.

Published

2024-01-09
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-01-09
Package ID: BILLS-118s1405rs

Bill Statistics

Size

Sections:
8
Words:
2,055
Pages:
12
Sentences:
50

Language

Nouns: 636
Verbs: 105
Adjectives: 71
Adverbs: 9
Numbers: 139
Entities: 168

Complexity

Average Token Length:
4.05
Average Sentence Length:
41.10
Token Entropy:
4.91
Readability (ARI):
21.66

AnalysisAI

Summary of the Bill

The bill titled "Utah School and Institutional Trust Lands Administration Exchange Act of 2023" focuses on a land exchange between the federal government and the State of Utah. The main objective is to transfer specific federal lands to the state and vice versa, as outlined in a memorandum agreement that involves the Utah School and Institutional Trust Lands Administration, the State of Utah, and the Secretary of the Interior. This arrangement involves precise legal descriptions and maps of the lands in question and requires that the values of lands exchanged be equalized through an appraisal process. Furthermore, the bill stipulates that some sections of land are withdrawn from mining and other land laws, impacting land use and management in the region.

Significant Issues

A prominent issue with the bill is the lack of clarity and accessibility regarding the underlying "Agreement" that structures the land exchange. The document, while integral to the bill, is not included or detailed, making it challenging for the public and stakeholders to understand the specific terms and obligations. Additionally, the bill imposes a tight timeline of 45 days for certain land conveyances, which may be too restrictive given the complexities involved in such transactions.

Financial implications are another concern, as the bill does not present a detailed analysis of costs or benefits associated with the land exchange, leaving room for uncertainty about whether it truly serves the public interest. Further, the appraisal guidelines outlined in the bill pose risks of inconsistency and may produce outdated valuations due to a three-year validity period without accounting for changing circumstances. Lastly, the bill’s usage of technical land survey terms without sufficient explanation may obfuscate the rationale behind excluding some land areas from its provisions, potentially raising transparency issues.

Impact on the Public

The impact of this bill on the public hinges on how effectively the land exchange is implemented in practice. Ideally, the exchange aims to improve resource management within Utah by aligning land use with state objectives. However, if the terms of the exchange are not adequately transparent or beneficial, there could be public scrutiny concerning the fairness and economic rationale behind the swap. Additionally, by withdrawing certain lands from mining, the bill could also affect local economic activities related to natural resources.

Impact on Specific Stakeholders

For state and federal officials involved in land management, this bill proposes a formal framework to reconcile land ownership and usage interests between Utah and the federal government. This might enhance efficiency and autonomy in managing state lands but may come at the cost of complex administrative duties involving the exchanges and withdrawals outlined in the bill.

Local communities, particularly those near the lands being exchanged, might experience direct effects, such as altered access to certain lands and changes in land management practices. Specifically, stakeholders in the mining industry could face limitations due to the withdrawal of land from mining entry, which might constrain their operations or shift them to other areas.

Conversely, environmental groups might view the land withdrawals positively, as these measures could ensure more sustainable land use and protection from potentially destructive mining activities. Nonetheless, any perceived lack of transparency and accountability in the bill could spark concerns about governance and equitable land management.

In summary, while the proposed land exchanges could potentially benefit the stakeholders and align land management practices with local objectives, the bill raises essential issues regarding transparency, procedural practicality, and financial rationale, necessitating careful consideration and possibly further refinement.

Issues

  • The definition and scope of the 'Agreement' are vague throughout various sections (Section 2, Section 3, Section 4). The lack of a detailed, accessible version of the 'Agreement' could lead to misunderstandings about the specific provisions, implications, and parties involved, making it difficult for the public to assess its fairness and transparency.

  • The timeline for completing certain conveyances within 45 days, as specified in Section 4(b)(2), is very tight and may be impractical given the complexity of the transactions involved. This could lead to rushed decisions and potential legal or operational issues.

  • There is a lack of clarity about the financial implications of the Agreement (Section 3, Section 5). Without detailed financial analysis or cost-benefit discussion, it's challenging to determine if the land exchange truly serves the public interest or if it poses fiscal risks.

  • The appraisal process outlined in Section 5 lacks specificity about the influence of mineral and technical reports, and there are concerns about the potential inconsistency in evaluations. Additionally, the long-term validity of appraisals for up to 3 years without adjustments for changing circumstances raises concerns about outdated valuations.

  • The exclusions listed in Section 7 are described using technical land survey terms and without context, making it difficult for the public to understand why these areas are excluded and whether these exclusions might favor specific landowners or organizations.

  • The language regarding 'valid existing rights' in Section 6 is vague and could lead to differing interpretations or disputes, particularly concerning environmental considerations and public access to land.

  • The control of legal descriptions over the Map in case of conflict (Section 4(c)) could cause complications if there are discrepancies, potentially leading to disputes and challenges in land conveyance and management.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section provides the short title of the Act, declaring it can be referred to as the "Utah School and Institutional Trust Lands Administration Exchange Act of 2023".

2. Definitions Read Opens in new tab

Summary AI

The section defines key terms used in the Act, such as the "Administration" which refers to the Utah School and Institutional Trust Lands Administration, and the "Agreement" which involves a land exchange deal between the Administration, the State of Utah, and the Secretary of the Interior. Other terms defined include "Legal Description," "Map," "Secretary," and "State."

3. Ratification of agreement between the Administration, the State of Utah, and the Secretary of the Interior Read Opens in new tab

Summary AI

The section confirms that Congress agrees with and approves the entire agreement between the Administration, Utah, and the Secretary of the Interior, making it part of U.S. Federal law. It also mandates that the Secretary must carry out the terms of this agreement.

4. Conveyances Read Opens in new tab

Summary AI

In this section of the bill, it explains that certain land exchanges are in the public interest and must happen within 45 days after the bill is enacted. It also states that any land descriptions will prioritize legal descriptions over maps if there is a conflict and allows for corrections of errors in these documents. Finally, it confirms that transferring federal land to the state complies with existing land use plans.

5. Equalization of the exchange Read Opens in new tab

Summary AI

The section outlines the process for appraising and equalizing the value of land exchanged between the State and the federal government, ensuring the use of standard appraisal practices. If the land values are not equal, adjustments will be made to balance them, and disputes are resolved under federal law to make sure the exchange is fair and finalized within a specific timeframe.

6. Withdrawals Read Opens in new tab

Summary AI

The section explains that certain federal and state lands are temporarily or permanently withdrawn from activities related to mining and appropriation. Federal lands are withdrawn from mining laws until they are given to the state, while state lands acquired by the United States are permanently withdrawn from various land laws upon acquisition. Additionally, any previous restrictions on federal lands needed for state conveyance will be revoked.

7. Sunnyside, Utah, water supply provisions Read Opens in new tab

Summary AI

The proposed amendment to the Act of January 7, 1921, introduces a section that excludes certain land areas, specifically described plots located in Sunnyside, Utah, from being subjected to the provisions of the Act. These exclusions encompass defined lots and sections within the Salt Lake Meridian.

5. Certain exclusions Read Opens in new tab

Summary AI

The section outlines specific areas of land, defined by their legal descriptions, that are excluded from the provisions of the Act. These areas are located within the Salt Lake Meridian and include certain lots and sections across townships 13 and 14 South, and range 14 East.