[House Report 105-598]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-598
_______________________________________________________________________
UTAH SCHOOLS AND LANDS EXCHANGE ACT OF 1998
_______
June 24, 1998.--Committed to the Committee of the White House on the
State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the Committee on Resources, submitted the
following
R E P O R T
[To accompany H.R. 3830]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3830) to provide for the exchange of certain lands within
the State of Utah, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3830 is to provide for the exchange of
certain lands within the State of Utah.
Background and Need for Legislation
H.R. 3830 was introduced to provide for the exchange of
certain lands within the State of Utah. When Utah became a
state, it was granted alternating sections of the public domain
to provide funds for the school children of Utah. This system
provided a broad sample of all the lands in Utah, ensuring that
the State would receive valuable mineral, agricultural, timber,
and commercial lands to support the education of Utah's
children. Before most of the lands could be developed or sold,
the federal government began a policy shift toward retention of
public lands. Instead of becoming valuable inholdings in
developing privately-owned areas, the State trust lands became
isolated tracts surrounded by lands with almost no
developmental potential.
H.R. 3830 would allow the State of Utah to trade 176,000
acres of land as well as approximately 24,000 acres of mineral
interests of the school trust lands within the Grand Staircase-
Escalante National Monument, and an additional 200,000 acres of
land, with 76,000 acres of mineral interests, within the
boundaries of several national parks and U.S. Forest Service
units, for Bureau of Land Management acres elsewhere in the
State. The bill would also grant the State of Utah substantial
coal interests and $50 million dollars. In 1993, Congress
passed Public Law 103-93, which contained a process for
exchanging State of Utah inholdings. The $50 million dollars
the State receives under H.R. 3830 was earmarked as part of
Public Law 103-93 and thus is not new spending according to
Office of Management and Budget. Because of protracted
litigation, the exchanges anticipated in Public Law 103-93 were
never consummated and the funds never expended. H.R. 3830 will
finally enact that process. This bill is a large stride toward
solving the public lands issues in Utah, and most importantly,
will finally give the school children of Utah some of the funds
that they have been denied for so long.
Committee Action
H.R. 3830 was introduced on May 12, 1998, by Congressman
James Hansen (R-UT). The bill was referred to the Committee on
Resources, and within the Committee to the Subcommittee on
National Parks and Public Lands. On May 19, 1998, the
Subcommittee held a hearing on H.R. 3830, where both the
Secretary of the Interior Bruce Babbitt and Utah Governor
Michael Leavitt testified in favor of H.R. 3830. On June 11,
1998, the Subcommittee met to consider H.R. 3830. No amendments
were offered and the bill was ordered favorably reported to the
Full Committee by voice vote. On June 17, 1998, the Full
Resources Committee met to consider H.R. 3830. No amendments
were offered and the bill was then ordered favorably reported
to the House of Representatives by voice vote.
Committee Oversight Findings and Recommendations
With respect to the requirements of clause 2(l)(3) of rule
XI of the Rules of the House of Representatives, and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee on Resources' oversight findings and
recommendations are reflected in the body of this report.
Constitutional Authority Statement
Article I, section 8, and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact H.R. 3830.
Cost of the Legislation
Clause 7(a) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs which would be incurred in carrying out
H.R. 3830. However, clause 7(d) of that Rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 403 of the Congressional Budget Act of 1974.
Compliance With House Rule XI
1. With respect to the requirement of clause 2(l)(3)(B) of
rule XI of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, H.R.
3830 does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in tax
expenditures. According to the Congressional Budget Office,
enactment of H.R. 3830 could affect offsetting receipts, but
the effect over the next five years is ``not likely to be
significant.''
2. With respect to the requirement of clause 2(l)(3)(D) of
rule XI of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 3830.
3. With respect to the requirement of clause 2(l)(3)(C) of
rule XI of the Rules of the House of Representatives and
section 403 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
3830 from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3830, the Utah
Schools and Lands Exchange Act of 1998.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Victoria V.
Heid (for federal costs), and Marjorie Miller (for the state
and local impact).
Sincerely,
June E. O'Neill, Director.
Enclosure.
H.R. 3830--Utah Schools and Lands Exchange Act of 1998
Summary: H.R. 3830 would ratify an agreement between the
state of Utah and the Department of the Interior (DOI)
regarding an exchange of certain state and federal lands,
mineral interests, and a cash payment. The agreement supersedes
and expands on an exchange provided for under the Utah Schools
and Lands Improvement Act of 1993 (Public Law 103-93).
Enacting H.R. 3830 could affect direct spending (including
offsetting receipts); therefore, pay-as-you-go procedures would
apply, but the aggregate effect over the next five years is not
likely to be significant. Because the federal land to be
offered to Utah does not currently generate significant mineral
receipts and the extent of future development of that land is
uncertain, the exchange would probably not result in a
significant loss of mineral receipts within the next five
years. Enacting the bill would probably shift the timing of
some payments between the federal government and Utah, but we
do not expect a net change in payments over the 1999-2003
period.
H.R. 3830 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Background: Under current law (Public Law 103-93), the
Secretary of the Interior is authorized to acquire about 39,480
acres of surface lands and about 49,460 acres of subsurface
lands owned by the state, to be made part of the Navajo and
Goshute Indian Reservations. In addition, the current law
authorizes the Secretary to acquire about 156,000 acres of
surface and subsurface land owned by the state within the
boundaries of national parks and forests in Utah. In exchange
for acquiring these state lands, the law authorizes the
Secretary to offer Utah certain specified coal tracts on
federal land, about 3,640 acres of commercial property, up to
$50 million in mineral royalties from federal land within Utah,
and additional lands as required to complete the exchange. This
authorized exchange has not yet been completed, however,
because of disagreements on valuation. Those disagreements are
currently being contested in court.
Description of the bill's major provisions: H.R. 3830 would
ratify an agreement entered into by the state of Utah and DOI
on May 8, 1998, superseding and expanding on the exchanges
authorized by Public Law 103-93.
Under the agreement, the state of Utah would convey to the
federal government about 376,739 surface acres and about
442,719 subsurface acres of state land within the Grand
Staircase-Escalante National Monument, the Navajo and Goshute
Indian Reservations, and several national parks, recreation
areas, and forests.
In return, the federal government would convey to Utah
about 138,647 acres of federal land with potential coal
resources of roughly 160 million tons; the rights to $13
million (plus interest) in potential future coal royalties and
rent from federal coal in a particular tract that is so far
undeveloped; potential coal bed methane resources of 185
billion cubic feet; other potential mineral resources such as
oil, gas, and limestone; commercial properties; and $50 million
in cash upon completion of the exchange. Any future bonus bids
generated from the state's sale of the mineral resources on
federal land would be split equally between the state and the
federal government, reduced by 50 percent of the state's
administrative costs.
Estimated cost to the Federal Government: Based on
information from DOI and Utah, we do not expect the enacting
H.R. 3830 would result in any significant costs to the federal
government over the next five years. CBO expects that enacting
the bill would result in discretionary costs to implement the
exchange (for activities such as revising and signage), but we
estimate that such costs would total less than $500,000 per
year. We expect that enacting the bill would have some effect
on offsetting receipts, but we do not expect any significant
loss of receipts over the next five years, and we have no basis
for predicting either the magnitude or the timing of any such
potential effects over the long term. The potential effects on
direct spending are discussed below.
Mineral resources
The agreement would provide that Utah receive 160 million
tons of coal in certain tracts. In addition, the state would
receive the rights to $13 million (plus interest) in potential
rent and royalty income form the Cottonwood Tract if the state
leases that area, whereas under the exchange authorized by
Public Law 103-93 Utah would receive the rights to all unleased
coal in the Cottonwood Tract. None of the federal coal
resources that would be offered to the state under the exchange
are now leased or currently producing, and DOI cannot predict
when such resources might generate offsetting receipts in the
future, if at all.
The agreement also would provide that Utah receive 185
billion cubic feet of potential coal bed methane resources.
According to DOI, most of those resources are not leased, and
what is leased generates only a small amount of rent now. DOI
considers production of these resources speculative and cannot
estimate when or if they would produce receipts to the Treasury
under current law.
Because these federal mineral resources could potentially
generate offsetting receipts over the 1999-2008 period if they
remained in federal ownership, enacting the bill could result
in forgone receipts to the Treasury. We expect that there would
be no significant loss over the next five years. Because we
have no basis for predicting if and when these federal
resources might be developed under current law, we cannot
estimate any long-term loss of receipts that might occur under
H.R. 3830.
The proposed exchange also could increase federal mineral
receipts relative to current law for two reasons. First, one of
the federal coal tracts authorized for exchange under Public
Law 103-93, the Quitchupah (Convulsion Canyon) Tract, is now
under lease; because the exchange under H.R. 3830 would exclude
this federal tract, it could result in additional receipts
generated by the federal government on land acquired from Utah.
Such a waiver could increase net receipts to the Treasury
because under current law Utah would share in such receipts.
However, because the language of the agreement appears unclear
in this regard, and because CBO has no basis for predicting
when or if the federal government would develop such land, we
cannot estimate the amount of any additional receipts.
$50 million cash payment
Under H.R. 3830, the federal government would pay $50
million to Utah upon completion of the exchange. This payment
would replace one of the same amount authorized by Public Law
103-93. It seems likely that the $50 million payment to Utah
under Public Law 103-93 would eventually be made sometime
during the 1999-2003 period, either under a settlement or
pursuant to a court decision, but we cannot predict precisely
when the payment would occur. under H.R. 3830, the cash payment
would likely occur in fiscal year 1999. Therefore, we expect
that enacting the bill might result in a shift in the timing of
the cash payment, but would not change the aggregate amount of
cash payments over the next five years.
Federal commercial properties
Under the agreement, Utah would receive abut 3,640 acres of
federal land on which a ski resort and a telecommunications
site are located. Those properties were part of the exchange
authorized under Public Law 103-93. Because it seems reasonably
likely that these properties would eventually be exchanged with
Utah under current law, this part of the exchange would have no
budgetary effect relative to current law.
Development properties
According to DOI, none of the potential development
properties that would be offered to Utah are under lease or
generating receipts.
Pay-as-you-go considerations: Section 252 of the Balanced
Budget and Emergency Deficit Control Act sets up pay-as-you-go
procedures for legislation affecting direct spending or
receipts. Because enacting H.R. 3830 could affect direct
spending (including offsetting receipts), pay-as-you-go
procedures would apply. CBO expects that enacting H.R. 3830
would probably shift the timing of some payments between the
federal government and Utah, and could result in some loss of
offsetting receipts that would otherwise accrue to the
government under current law, but we have no basis for
predicting either the magnitude or the timing of any such
potential effects.
Estimated impacts on State, local, and tribal governments:
H.R. 3830 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. The agreement ratified by this bill was entered
into voluntarily by the state of Utah. All costs and benefits
accruing to the state would be the result of that agreement.
Estimated impact on the private sector: This bill would
impose no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal Costs: Victoria V. Heid.
Impact on State, Local, and Tribal Governments: Marjorie
Miller.
Estimate approved by: Robert A. Sunshine, Deputy Assistant
Director for Budget Analysis.
Compliance With Public Law 104-4
H.R. 3830 contains no unfunded mandates.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets and existing law in
which no change is proposed is shown in roman):
UTAH SCHOOLS AND LANDS IMPROVEMENT ACT OF 1993
AN ACT To provide for the exchange of certain lands within the State of
Utah, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Utah Schools and Lands
Improvement Act of 1993''.
[SEC. 2. UTAH-NAVAJO LAND EXCHANGE.
[(a) Additions to Reservation.--For the purpose of securing
in trust for the Navajo Nation certain lands belonging to the
State of Utah, which comprise approximately thirty-eight
thousand five hundred acres of surface and subsurface estate,
and approximately an additional nine thousand five hundred
acres of subsurface estate, as generally depicted on the map
entitled ``Utah-Navajo Land Exchange'', dated May 18, 1992,
such lands are hereby declared to be part of the Navajo Indian
Reservation in the State of Utah effective upon the completion
of conveyance from the State of Utah and acceptance of title by
the United States.
[(b) Authorization.--The Secretary of the Interior is
authorized to acquire through exchange those lands and
interests in land described in subsection (a) which are owned
by the State of Utah, subject to valid existing rights.
[SEC. 3. STATE LANDS WITHIN THE GOSHUTE INDIAN RESERVATION.
[(a) Additions to Reservation.--For the purpose of securing
in trust for the Goshute Indian Tribe certain lands belonging
to the State of Utah, which comprise approximately nine hundred
eighty acres of surface and subsurface estate, and an
additional four hundred and eighty acres of subsurface estate,
as generally depicted on the map entitled ``Utah-Goshute Land
Exchange'', dated May 18, 1992, such lands are hereby declared
to be part of the Goshute Indian Reservation in the State of
Utah effective upon the completion of conveyance from the State
of Utah and acceptance of title by the United States.
[(b) Authorization.--The Secretary of the Interior is
authorized to acquire through exchange those lands and
interests in land described in subsection (a) which are owned
by the State of Utah, subject to valid existing rights.
[(c) Other Land.--(1) The following tract of Federal land
located in the State of Nevada, comprising approximately five
acres more or less, together with all improvements thereon, is
hereby declared to be part of the Goshute Indian Reservation,
and shall be held in trust for the Goshute Indian Tribe:
Township 30 North, Range 69 East, lots 5, 6, 7, 9, 11, and 14
of section 34.
[(2) No part of the lands referred to in paragraph (1) shall
be used for gaming or any related purpose.
[SEC. 4. IMPLEMENTATION.
[The exchanges authorized by sections 2 and 3 of this Act
shall be conducted without cost to the Navajo Nation and the
Goshute Indian Tribe.
[SEC. 5. STATE LANDS WITHIN THE NATIONAL FOREST SYSTEM.
[(a) Authorization.--The Secretary of Agriculture is
authorized to accept on behalf of the United States title to
the school and institutional trust lands by the State of Utah
within units of the National Forest System, comprising
approximately seventy-six thousand acres as depicted on a map
entitled ``Utah Forest Land Exchange'', dated May 18, 1992.
[(b) Status.--Any lands acquired by the United States
pursuant to this section shall become a part of the national
forest within which such lands are located and shall be subject
to all the laws and regulations applicable to the National
Forest System.
[SEC. 6. STATE LANDS WITHIN THE NATIONAL PARK SYSTEM.
[(a) Authorization.--The Secretary of the Interior is hereby
authorized to accept on behalf of the United States title to
all school and institutional trust lands owned by the State of
Utah located within all units of the National Park System,
comprising approximately eighty thousand acres, located within
the State of Utah on the date of enactment of this Act.
[(b) Status.--(1) Notwithstanding any other provision of law,
all lands of the State of Utah within units of the National
Park System that are conveyed to the United States pursuant to
this section shall become a part of the appropriate unit of the
National Park System, and shall be subject to all laws and
regulations applicable to that unit of the National Park
System.
[(2) The Secretary of the Interior shall, as a part of the
exchange process of this Act, compensate the State of Utah for
the fair market value of five hundred eighty and sixty-four
one-hundredths acres within Capitol Reef National Park that
were conveyed by the State of Utah to the United States on July
2, 1971, for which the State has never been compensated. The
fair market value of these lands shall be established pursuant
to section 8 of this Act.
[SEC. 7. OFFER TO STATE.
[(a) Specific Offers.--Within thirty days after enactment of
this Act, the Secretary of the Interior shall transmit to the
State of Utah a list of lands, or interests in lands, within
the State of Utah for transfer to the State of Utah in exchange
for the State lands and interests described in sections 2, 3,
5, and 6 of this Act. Such list shall include only the
following Federal lands, or interests therein:
[(1) Blue Mountain Telecommunications Site, fee
estate, approximately six hundred and forty acres.
[(2) Beaver Mountain Ski Resort site, fee estate,
approximately three thousand acres, as generally
depicted on the map entitled ``Beaver Mountain Ski
Resort'' dated September 16, 1992.
[(3) The unleased coal located in the Winter Quarters
Tract.
[(4) The unleased coal located in the Crandall Canyon
Tract.
[(5) All royalties receivable by the United States
with respect to coal leases in the Quitchupah
(Convulsion Canyon) Tract.
[(6) The unleased coal located in the Cottonwood
Canyon Tract.
[(7) The unleased coal located in the Soldier Creek
Tract.]
(b) Additional Offers.--(1) In addition to the lands and
interests specified in subsection (a), the Secretary of the
Interior shall offer to the State of Utah a portion of the
royalties receivable by the United States with respect to
Federal geothermal, oil, gas, or other mineral interests in
Utah which on December 31, 1992, were under lease and covered
by an approved permit to drill or plan of development and plan
of reclamation, were in production, and were not under
administrative or judicial appeal.
[(2) No offer under this subsection shall be for royalties
aggregating more than 50 per centum of the total appraised
value of the State lands described in sections 2, 3, 5, and 6.]
(3) The Secretary shall make no offer under this subsection
which would enable the State of Utah to receive royalties under
this section exceeding $50,000,000.
[(4) If the total value of lands and interests therein and
royalties offered to the State pursuant to subsections (a) and
(b) is less than the total value of the State lands described
in sections 2, 3, 5, and 6, the Secretary shall provide the
State a list of all public lands in Utah that as of December
31, 1992, the Secretary, in resource management plans prepared
pursuant to the Federal Land Policy and Management Act of 1976,
had identified as suitable for disposal by exchange or
otherwise, and shall offer to transfer to the State any or all
of such lands, as selected by the State, in partial exchange
for such State lands, to the extent consistent with other
applicable laws and regulations.
[SEC. 8. APPRAISAL OF LANDS TO BE EXCHANGED.
[(a) Equal Value.--All exchanges authorized under this Act
shall be for equal value. No later than ninety days after
enactment of this Act, the Secretary of the Interior, the
Secretary of Agriculture, and the Governor of the State of Utah
shall provide for an appraisal of the lands or interests
therein involved in the exchanges authorized by this Act. A
detailed appraisal report shall utilize nationally recognized
appraisal standards including, to the extent appropriate, the
uniform appraisal standards for Federal land acquisition.
[(b) Deadline and Dispute Resolution.--(1) If after two years
from the date of enactment of this Act, the parties have not
agreed upon the final terms of some or all of the exchanges
authorized by this Act, including the value of the lands
involved in some or all of such exchanges, notwithstanding any
other provisions of law, any appropriate United States District
Court, including but not limited to the United States District
Court for the District of Utah, Central Division, shall have
jurisdiction to hear, determine, and render judgment on the
value of any and all lands, or interests therein, involved in
the exchange.
[(2) No action provided for in this subsection may be filed
with the Court sooner than two years and later than five years
after the date of enactment of this Act. Any decision of a
District Court under this Act may be appealed in accordance
with the applicable laws and rules.
[(c) Adjustment.--If the State shares revenue from the
selected Federal properties, the value of such properties shall
be the value otherwise established under this section, less the
percentage which represents the Federal revenue sharing
obligation, but such adjustment shall not be considered as
reflecting a property right of the State of Utah.
[(d) Interest.--Any royalty offer by the Secretary pursuant
to subsection 7(b) shall be adjusted to reflect net present
value as of the effective date of the exchange. The State shall
be entitled to receive a reasonable rate of interest at a rate
equivalent to a five-year Treasury note on the balance of the
value owed by the United States from the effective date of the
exchange until full value is received by the State and mineral
rights revert to the United States as prescribed by subsection
9(a)(3).
[SEC. 9. TRANSFER OF TITLE.
[(a) Terms.--(1) The State of Utah shall be entitled to
receive so much of those lands or interests in lands and
additional royalties described in section 7 that are offered by
the Secretary of the Interior and accepted by the State as are
equal in value to the State lands and interests described in
sections 2, 3, 5, and 6.
[(2) For those properties where fee simple title is to be
conveyed to the State of Utah, the Secretary of the Interior
shall convey, subject to valid existing rights, all right,
title, and interest, subject to the provisions of subsection
(b). For those properties where less than fee simple is to be
conveyed to the State of Utah, the Secretary shall reserve to
the United States all remaining right, title, and interest of
the United States.
[(3) All right, title, and interest in any mineral rights
described in section 7 that are conveyed to the State of Utah
pursuant to this Act shall revert to the United States upon
removal of minerals equal in value to the value attributed to
such rights in connection with an exchange under this Act.
[(4) If the State of Utah accepts the offers provided for in
this Act, the State shall convey to the United States, subject
to valid existing rights, all right, title, and interest of the
State to all school and institutional trust lands described in
sections 2, 3, 5, and 6 of this Act. Except as provided in
section 7(b), conveyance of all lands or interests in lands
shall take place within sixty days following agreement by the
Secretary of the Interior and the Governor of the State of
Utah, or entry of an appropriate order of judgment by the
District Court.
[(b) Inspections.--Both parties shall inspect all pertinent
records and shall conduct a physical inspection of the lands to
be exchanged pursuant to this Act for the presence of any
hazardousmaterials as presently defined by applicable law. The
results of those inspections shall be made available to the parties.
Responsibility for costs of remedial action related to materials
identified by such inspections shall be borne by those entities
responsible under existing law.
[(c) Conditions.--(1) With respect to the lands and interests
described in section 7(a), enactment of this Act shall be
construed as satisfying the provisions of section 206(a) of the
Federal Land Policy and Management Act of 1976 requiring that
exchanges of lands be in the public interest.
[(2) Development of any mineral interest transferred to the
State of Utah pursuant to this Act shall be subject to all
laws, rules, and regulations applicable to development of non-
Federal mineral interests, including, where appropriate, laws,
rules, and regulations applicable to such development within
National Forests. Extraction of any coal resources described in
section 7(a) shall occur only through underground coal mining
operations.
[(3) Transfer of any mineral interests to the State of Utah
shall be subject to such conditions as the Secretary shall
prescribe to ensure due diligence on the part of the State of
Utah to achieve the timely development of such resources.
[SEC. 10. LEGAL DESCRIPTIONS.
[(a) In General.--As soon as practicable after the date of
enactment of this Act, a map and legal description of the lands
added to the Navajo and Goshute Indian Reservations and all
lands exchanged under this Act shall be filed by the
appropriate Secretary with the Committee on Natural Resources
of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate,
and each such map and description shall have the same force and
effect as if included in this Act, except that the appropriate
Secretary may correct clerical and typographical errors in each
such legal description and map. Each such map and legal
description shall be on file and available for public
inspection in the offices of the Secretary of Agriculture and
the Secretary of the Interior and the Utah offices of the
appropriate agencies of the Department of the Interior and
Department of Agriculture.]
(b) Pilt.--Section 6902(b) of title 31, United States Code,
is amended by striking ``acquisition.'' and inserting in lieu
thereof ``acquisition, nor does this subsection apply to
payments for lands in Utah acquired by the United States if at
the time of such acquisition units, under applicable State law,
were entitled to receive payments from the State for such
lands, but in such case no payment under this chapter with
respect to such acquired lands shall exceed the payment that
would have been made under State law if such lands had not been
acquired.''.
[(c) Intent.--The lands and interests described in section 7
are an offer related only to the State lands and interests
described in this Act, and nothing in this Act shall be
construed as precluding conveyance of other lands or interests
to the State of Utah pursuant to other exchanges under
applicable existing law or subsequent act of Congress. It is
the intent of Congress that the State should establish a
funding mechanism, or some other mechanism,to assure that
counties within the State are treated equitably as a result of this
exchange.
[(d) Costs.--The United States and the State of Utah shall
each bear its own respective costs incurred in the
implementation of this Act.
[(e) Definition.--As used in this Act, the term (1) ``School
and Institutional Trust Lands'' means those properties granted
by the United States in the Utah Enabling Act to the State of
Utah in trust and other lands which under State law must be
managed for the benefit of the public school system or the
institutions of the State which are designated by the Utah
Enabling Act; and (2) ``Secretary'' means the Secretary of the
Interior; unless specifically defined otherwise.
[SEC. 11. ADDITIONAL GOSHUTE INDIAN RESERVATION LANDS.
[(a) Further Additions to Goshute Reservation.--In addition
to the lands described in section 3, for the purpose of
securing in trust for the Goshute Indian Tribe certain
additional public lands and lands belonging to the State of
Utah, which comprise approximately 8,000 acres of surface and
subsurface estate, as generally depicted on the map entitled
`Additional Utah-Goshute Exchange', dated July 1, 1994, such
public lands and State lands are hereby declared to be part of
the Goshute Indian Reservation in the State of Utah effective
upon the completion of conveyance of the State lands from the
State of Utah and acceptance of title by the United States.
[(b) Authorization.--The Secretary of the Interior is
authorized to acquire through exchange those lands and
interests in land described in subsection (a) which are owned
by the State of Utah, subject to valid existing rights.
[(c) Application of Prior Provisions.--(1) Except as provided
in paragraph (2), the remaining provisions of this Act which
are applicable to the lands to be transferred to the Goshute
Indian Tribe pursuant to section 3 shall also apply to the
lands subject to this section.
[(2) The Goshute Indian Tribe will be responsible for payment
of the costs of appraisal of the lands to be acquired pursuant
to this section, which costs shall be paid prior to the
transfer of such lands.
[SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated such sums as are
necessary to carry out this Act.]
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ACT OF OCTOBER 1, 1996
AN ACT To amend Public Law 103-93 to provide additional lands within
the State of Utah for the Goshute Indian Reservation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. ADDITION OF CERTAIN UTAH STATE LANDS TO GOSHUTE INDIAN
RESERVATION.
[The Utah Schools and Lands Improvement Act of 1993 (107
Stat. 995) is amended--
[(1) by redesignating section 11 as section 12; and
[(2) by inserting after section 10 the following new
section:
[``SEC. 11. ADDITIONAL GOSHUTE INDIAN RESERVATION LANDS.
[``(a) Further Additions to Goshute Reservation.--In addition
to the lands described in section 3, for the purpose of
securing in trust for the Goshute Indian Tribe certain
additional public lands and lands belonging to the State of
Utah, which comprise approximately 8,000 acres of surface and
subsurface estate, as generally depicted on the map entitled
`Additional Utah-Goshute Exchange', dated July 1, 1994, such
public lands and State lands are hereby declared to be part of
the Goshute Indian Reservation in the State of Utah effective
upon the completion of conveyance of the State lands from the
State of Utah and acceptance of title by the United States.
[``(b) Authorization.--The Secretary of the Interior is
authorized to acquire through exchange those lands and
interests in land described in subsection (a) which are owned
by the State of Utah, subject to valid existing rights.
[``(c) Application of Prior Provisions.--(1) Except as
provided in paragraph (2), the remaining provisions of this Act
which are applicable to the lands to be transferred to the
Goshute Indian Tribe pursuant to section 3 shall also apply to
the lands subject to this section.
[``(2) The Goshute Indian Tribe will be responsible for
payment of the costs of appraisal of the lands to be acquired
pursuant to this section, which costs shall be paid prior to
the transfer of such lands.''.]