[House Report 104-562]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-562
_______________________________________________________________________


 
            ADDITION OF LANDS TO GOSHUTE INDIAN RESERVATION

                                _______


  May 7, 1996.--Committed to the Committee of the Whole 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. 2464]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 2464) to amend Public Law 103-93 to provide additional 
lands within the State of Utah for the Goshute Indian 
Reservation, and for other purposes, 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. 2464 is to amend Public Law 103-93 to 
provide additional lands within the State of Utah for the 
Goshute Indian Reservation.

                  Background and Need for Legislation

    H.R. 2464 would amend Public Law 103-93 to direct the 
Secretary of the Interior to acquire approximately 8000 acres 
of surface and subsurface estate held in trust by the State of 
Utah. Once acquired, those lands, plus about 400 acres of 
public land administered by the Bureau of Land Management, 
shall be held in trust by the United States as part of the 
Goshute Indian Reservation in the State of Utah.
    This is a non-controversial measure supported by the Board 
of Trustees of the Utah School and Institutional Trust Lands 
Administration, the Bureau of Land Management, local county 
officials, and the Utah Wilderness Coalition.
    The Goshute Indian Reservation would receive the lands from 
the State of Utah, and in exchange, the Utah Trust 
Administration would receive compensation based on an appraisal 
to be paid for by the Goshute Tribe and/or the Federal 
Government.

                            Committee Action

    H.R. 2464 was introduced on October 11, 1995, by the 
Subcommittee on National Parks, Forests and Lands Chairman 
James V. Hansen (R-UT). The bill was referred to the Committee 
on Resources, and within the Committee to the Subcommittee on 
National Parks, Forests and Lands. On October 26, 1995, the 
Subcommittee held a hearing on H.R. 2464, where all of the 
witnesses (including the Administration) testified in support 
of the bill. Witnesses included Matt Millenbach, Deputy 
Director of the Bureau of Land Management; John Paul Kennedy, 
general counsel to the Goshute Indian Tribe; and John A. Harja, 
Vice Chair, Board of Trustees for the School and Institutional 
Trust Lands Administration for the State of Utah. On December 
19, 1995, the Subcommittee met to mark up H.R. 2464. No 
amendments were offered and the bill was ordered favorably 
reported to the Full Committee by voice vote in the presence of 
a quorum. On April 25, 1996, the Full Resources Committee met 
to consider H.R. 2464. No amendments were offered and the bill 
was ordered favorably reported by voice vote to the House of 
Representatives, in the presence of a quorum.

                      Section-by-Section Analysis

   section 1. addition of certain utah state lands to goshute indian 
                              Reservation

    This section amends the Utah Schools and Lands Improvement 
Act of 1993 to add approximately 8,000 acres of surface and 
subsurface estate (as depicted on the map entitled ``Additional 
Utah-Goshute Exchange'' dated July 1, 1994) to the Goshute 
Indian Reservation. The Secretary of the Interior is authorized 
to acquire through exchange the lands belonging to the State of 
Utah, to be held in trust for the Goshute Indian Tribe. The 
Goshute Indian Tribe will be responsible for payment of the 
costs of appraisal of the lands to be acquired, which shall be 
paid prior to the transfer of the lands.

            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.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 2464 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        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. 2464. 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. 
2464 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    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. 2464.
    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. 
2464 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2464, a bill to amend Public Law 103-93 to 
provide additional lands within the State of Utah for the 
Goshute Indian Reservation, and for other purposes, as ordered 
reported by the House Committee on Resources on April 25, 1996. 
H.R. 2464 would add a provision to the Utah Schools and Lands 
Improvement Act of 1993 to transfer land currently held by the 
State of Utah to the federal government, which would hold the 
land in trust for the Goshute Indian Tribe. CBO estimates that 
enacting this bill would have no significant impact on the 
federal budget, nor would it affect direct spending or 
receipts. Therefore, pay-as-you-go procedures would not apply.
    H.R. 2464 contains no intergovernmental mandates, as 
defined in Public Law 104-4, and would impose no direct costs 
on state, local, or tribal governments. This bill would 
authorize a land exchange between the State of Utah and the 
Department of the Interior (DOI). This exchange would be 
voluntary on the part of the state. The lands acquired from the 
state would be added to the Goshute Indian Reservation. The 
bill provides that the tribe would pay for the appraisal of the 
acquired lands. This cost also would be voluntary--a condition 
of acquiring the lands--and CBO estimates that it would not be 
significant. In addition, the bill would impose no new private 
sector mandates.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Rachel 
Robertson, and for the state, local, and tribal impact, 
Marjorie Miller.
            Sincerely,
                                         June E. O'Neill, Director.

                    Compliance With Public Law 104-4

    H.R. 2464 contains no unfunded mandates.

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
2464.

         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, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

             UTAH SCHOOLS AND LANDS IMPROVEMENT ACT OF 1993

          * * * * * * *

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 land subject to this section.
    (2) The Goshute Indian Tribe will be responsible for 
payment of the costs appraisal of the lands to be acquired 
pursuant to this section, which costs shall be paid prior to 
the transfer of such lands.

SEC. [11.] 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are 
necessary to carry out this Act.