[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.]
                              ----------                              


                         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.''.]