[Congressional Record Volume 151, Number 141 (Monday, October 31, 2005)]
[Senate]
[Page S12077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Bennett, Mr. Reid, and Mr. 
        Ensign):
  S. 1941. A bill to direct the Secretary of Agriculture to convey 
certain real property in the Dixie National Forest in the State of 
Utah, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. HATCH. Mr. President, I rise today along with my cosponsors 
Senators Bennett, Reid, and Ensign to introduce a very simple piece of 
legislation. The bill would direct the Secretary of Agriculture to 
convey, at fair market value, 112 acres of property in the Dixie 
National Forest to Mr. Kirk Harrison. Let me explain why this 
legislation is necessary.
  Mr. Harrison's family settled in southern Utah's Pinto Valley in 
1860. The family was among the first to locate to the area. The 
Harrison family established their property boundaries by constructing 
fences that are still standing today. The family cleared, irrigated, 
and settled the property in question and continued to plant and harvest 
crops, raise livestock, maintain fences, and otherwise work the land 
for more than 150 years. During that time, the family exercised 
unrestricted use, relying on those boundaries established in 1860.
  In 1885, the Harrison family applied for and was granted a patent to 
those lands. Subsequent surveys in 1881 and 1905 found no discrepancies 
between the boundaries asserted by the Harrison family and the actual 
boundaries of the adjacent Forest Service lands.
  It was not until 1984, when the Forest Service employed an 
independent firm to perform a survey, did any inconsistency arise. The 
1984 survey found that the land occupied by the Harrison family was in 
violation of the boundary established in the 1885 patent.
  The 1984 survey was flawed for two principal reasons: First, a rock 
survey monument used in the 1881 survey is 37 feet away from a 
different rock monument used in the 1905 survey, creating significant 
confusion. Neither of these monuments could be located or used during 
the 1984 survey. Next, the 1984 surveyors did not accept an historic 
``rock mound'' monument, despite the fact that other surveyors had.
  The Harrison family has used this land for nearly 150 years. Mr. 
Harrison wants nothing more than to be able to continue to use the land 
that his family settled and has used for so long. While Mr. Harrison 
has worked to resolve this issue with the Forest Service for nearly 15 
years, the parties have not been able to agree upon a viable solution. 
This legislation offers a fair, commonsense answer to the problem.
  The bill would direct the Secretary of Agriculture to sell Mr. 
Harrison 112 acres at fair market value. This represents slightly more 
land than the Harrison family's original property to satisfy the Forest 
Service's requirement that boundaries be uniform. The Forest Service 
stipulates that its national forest boundaries must be straight and 
manageable, and the purchase of additional acreage will fulfill that 
requirement. The bill also would ensure that the Secretary uses the 
proceeds from the sale of the land to purchase other acreage for the 
Dixie National Forest. In my view, this legislation is the easiest and 
most effective way to resolve this longstanding dispute.
  I am aware that some concerns have been raised about this bill in the 
past. For example, some have expressed concerns that this legislation 
would restrict sportsmen's access to the Dixie National Forest, prevent 
landowners from obtaining water, and allow for the subdivision of the 
land. However, since those concerns were raised, the plan has been 
cleared by the Washington County Commission, the State hunter 
interests, and the majority of landowners in the Pinto Valley. Only 
after receiving assurances that these groups did not oppose this 
legislation did I decided to move forward.
  Thank you, Mr. President.

                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 2345. Mr. MARTINEZ submitted an amendment intended to be 
     proposed by him to the bill S. 1042, to authorize 
     appropriations for fiscal year 2006 for military activities 
     of the Department of Defense, for military construction, and 
     for defense activities of the Department of Energy, to 
     prescribe personnel strengths for such fiscal year for the 
     Armed Forces, and for other purposes; which was ordered to 
     lie on the table.
       SA 2346. Mr. INOUYE submitted an amendment intended to be 
     proposed by him to the bill S. 1932, to provide for 
     reconciliation pursuant to section 202(a) of the concurrent 
     resolution on the budget for fiscal year 2006 (H. Con. Res. 
     95); which was ordered to lie on the table.

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