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[Senate Report 109-195]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 313
109th Congress                                                   Report
                                 SENATE
 1st Session                                                    109-195

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  LAND CONVEYED BY THE UNITED STATES TO EASTERN WASHINGTON UNIVERSITY

                                _______
                                

                December 8, 2005.--Ordered to be printed

 Filed under authority of the order of the Senate of November 18, 2005

                                _______
                                

   Mr. Domenici, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1552]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1552) to amend Public Law 97-435 to 
extend the authorization for the Secretary of the Interior to 
release certain conditions contained in a patent concerning 
certain land conveyed by the United States to Eastern 
Washington University until December 31, 2009, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                         Purpose of the Measure

    The purpose of S. 1552 is to amend Public Law 97-435 to 
extend the authorization for the Secretary of the Interior to 
release certain conditions contained in a patent concerning 
approximately 21 acres of land conveyed by the United States to 
Eastern Washington University until December 31, 2009.

                          Background and Need

    In 1961, the Bureau of Land Management issued a patent 
(#1216646) to Eastern Washington University for 21 acres of 
land on Badger Lake, Washington, under the authority of the 
Recreation and Public Purposes (R&PP) Act, as amended (43 
U.S.C. 869 et seq.). As is standard in patents issued under the 
R&PP Act, the patent provided that the lands would revert to 
the United States if either the University or any successor 
used the land for other than recreational and educational 
purposes, or attempted to transfer title to the land.
    By 1979, the University concluded that the parcel was 
unsuitable for the school's purposes and sought congressional 
assistance in exchanging the 21 acres for lands adjacent to the 
campus. On January 8, 1983, Public Law 97-435 was enacted. It 
provided a five-year period--which expired in January of 1988--
during which the University would be allowed to sell or 
exchange the Badger Lake land for property more suitable to its 
needs, and directed the Secretary of the Interior to release 
the reversionary provision so the lands could be sold or 
exchanged.
    Public Law 97-435 also contained provisions to address the 
concerns of the Department of the Interior regarding the 
protection of the public interest (that an exchange or sale be 
at fair market value) and to ensure that any transaction would 
be as compatible as possible with the intent of the initial 
R&PP grant (that the reversionary interest currently on the 
land held by the University be placed on any land either 
received in exchange or purchased with the proceeds from the 
sale of the land).
    No sale or exchange of the land occurred during the five 
year period allowed under Public Law 97-435. S. 1552 would 
provide for a new deadline of December 31, 2009, to provide 
Eastern Washington University with additional time to locate 
land suitable for its needs.

                          Legislative History

    Senator Cantwell introduced S. 1552 on July 28, 2005. The 
Subcommittee on Public Lands and Forests held a hearing on S. 
1552 on November 2, 2005. The Committee ordered S. 1552 to be 
favorably reported without amendment on November 16, 2005.
    Similar legislation was introduced by Senator Cantwell in 
the 108th Congress (S. 2805) which was referred to the 
Committee on Energy and Natural Resources. An identical measure 
(H.R. 4596), sponsored by former Congressman George Nethercutt 
was favorably reported by the House Resources Committee on 
September 15, 2004, and passed the House of Representatives by 
voice vote on September 28, 2004.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on November 16, 2005, by a unanimous voice 
vote of a quorum present, recommends that the Senate pass S. 
1552, as described herein.

                      Section-by-Section Analysis

    Section 1 amends Public Law 97-435 (96 Stat. 2281) to 
extend the authorization for the Secretary of the Interior to 
release certain conditions contained in a patent concerning 
certain land conveyed by the United States to Eastern 
Washington University until December 31, 2009.

                   Cost and Budgetary Considerations

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

S. 1552--A bill to amend Public Law 97-435 to extend the authorization 
        for the Secretary of the Interior to release certain conditions 
        contained in a patent concerning certain land conveyed by the 
        United States to Eastern Washington University until December 
        31, 2009

    In 1961, the federal government conveyed 21 acres to land 
to Eastern Washington University. Under the terms of the 
conveyance, if the university uses the land for some purpose 
other than education or recreation, ownership reverts to the 
federal government. S. 1552 would authorize the Secretary of 
the Interior to release the federal government's reversionary 
interest in the land to allow the university to sell or 
exchange the property.
    Based on information from the Department of the Interior, 
CBO estimates that allowing the university to sell or exchange 
this land under S. 1552 would not affect the federal budget. S. 
152 contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would impose no 
costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      Regulatory Impact Evaluation

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1552.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1552.

                        Executive Communications

    The views of the Administration were included in testimony 
received by the Committee at a hearing on the bill on November 
2, 2005.

     Statement of Scott J. Cameron, Deputy Assistant Secretary for 
  Performance, Accountability, and Human Resources, Department of the 
                                Interior

    Thank you for the opportunity to present the views of the 
Department of the Interior on S. 1552. This bill would amend 
P.L. 97-435 by extending until December 31, 2009, authorization 
for the Secretary of the Interior to release a reversionary 
interest contained in the patent of lands conveyed by the 
United States to Eastern Washington University. S. 1552 leaves 
untouched the provisions in P.L. 97-435 that protect the public 
interest and ensure that any transaction is compatible with the 
education and recreation purposes of the original patent. We 
therefore do not object to enactment of S. 1552.
    In 1961, the Bureau of Land Management issued a patent 
(#1216646) to Eastern Washington University for 21 acres of 
land on Badger Lake, Washington, under the authority of the 
Recreation and Public Purposes (R&PP) Act, as amended (43 
U.S.C. 869 et seq.). As is standard in patents issued under the 
R&PP Act, this patent conveyed a restricted title, including 
the condition that the lands would revert to the United States 
if either the University or any successor used the land for 
other than recreational and educational purposes or attempted 
to transfer title to the land.
    By 1979, the University concluded that the 21 acres were 
unsuitable for the school's purposes and sought Congressional 
assistance in exchanging the 21 acres for lands adjacent to the 
campus. On January 8, 1983, P.L. 97-435 was enacted. It 
provided a five-year period--which expired in January of 1988--
during which the University would be allowed to sell or 
exchange the Badger Lake land for property more suitable to its 
needs, and directed the Secretary of the Interior to release 
the reverter provision so the lands could be sold or exchanged.
    P.L. 97-435 also contained provisions to address the 
concerns of the Department of the Interior regarding the 
protection of the public interest (exchange or sale to be at 
fair market value) and to ensure that any transaction would be 
as compatible as possible with the intent of the initial R&PP 
grant (the reversionary interest currently on the land held by 
the university to be placed on any land either received in 
exchange or purchased with the proceeds from the sale of the 
land). Also, as required by P.L. 97-435, the University and the 
Secretary concluded an agreement in 1985 to implement the law.
    No sale or exchange of the land occurred during the five 
year period allowed under P.L. 97-435. S. 1552 would provide 
for a new deadline of December 31, 2009, to provide an 
opportunity for Eastern Washington University to locate land 
suitable for its needs.
    I would be glad to answer any questions.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1552, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                    Public Law 97-435--97th Congress

   AN ACT to direct the Secretary of the Interior to release certain 
 conditions contained in a patent concerning certain land conveyed by 
          the United States to Eastern Washington University.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
subject to section 2, the Secretary of the Interior 
(hereinafter in this Act referred to as the ``Secretary'') 
shall release certain conditions contained in patent numbered 
1216646 concerning the land described in subsection (b) 
conveyed by the United States to Eastern Washington University 
(formerly the Eastern Washington College of Education) 
(hereinafter in this Act referred to as the ``University''). 
Such conditions provide that such land will revert to and 
revest in the United States if the University or any successor 
of the University--
          (1) uses such land for purposes other than 
        recreational and educational purposes, or
          (2) attempts to transfer title to such land.
    (b) The land referred to in subsection (a) comprises 21 
acres and may be described as lot 6, section 34, Township 22 
North, Range 41 East, Willamette Meridian, Washington.
    (c) The authority of the Secretary to release such 
conditions shall expire [five years after the enactment of this 
Act] on December 31, 2009.

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