Abstract
The statutory provisions, amendments and history of both the Taylor Grazing Act and the school indemnification statutes contravene the Supreme Court's conclusion in Andrus that the Secretary's general discretionary authority under section 7 of the Act empowers him to circumvent the specific statutory rights granted to states to select indemnification lands. The Court's misinterpretation of the law may have a serious economic impact on the public school system in public land states with outstanding selection rights. This effect, when combined with other incidents of recent federal public land policies, violates the bilateral compact between the federal government and the public land states, which was intended to supplement the deficiencies in public education funds.
Recommended Citation
Tomsic, Peggy A.
(1981)
"The Loss of States' Right to Indemnify
Preempted School Land Grants on the
Basis of Equal Acreage: Andrus v.
Utah,"
Utah Law Review: Vol. 1981:
No.
2, Article 6.
Available at:
https://dc.law.utah.edu/ulr/vol1981/iss2/6