[House Report 104-762]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-762
_______________________________________________________________________


 
         HOOPA VALLEY RESERVATION SOUTH BOUNDARY ADJUSTMENT ACT

                                _______
                                

 September 4, 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. 2710]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2710) to provide for the conveyance of certain land in 
the State of California to the Hoopa Valley Tribe, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hoopa Valley Reservation South 
Boundary Adjustment Act''.

SEC. 2. LAND TRANSFER TO RESERVATION.

  (a) In General.--All right, title, and interest of the United States 
in and to the lands described in subsection (b) shall hereafter be held 
in trust by the United States for the benefit of the Hoopa Valley Tribe 
and shall be part of the Hoopa Valley Reservation.
  (b) Lands Described.--The lands referred to in subsection (a) are 
those portions of Townships 7 North and 8 North, Ranges 5 East and 6 
East, Humboldt Meridian, California, within a boundary beginning at a 
point on the current south boundary of the Hoopa Valley Indian 
Reservation, marked and identified as ``Post H.V.R. No. 8'' on the Plat 
of the Hoopa Valley Indian Reservation prepared from a field survey 
conducted by C.T. Bissel, Augustus T. Smith and C.A. Robinson, Deputy 
Surveyors, approved by the Surveyor General, H. Pratt, March 18, 1892, 
and extending from said point on a bearing of north 72 degrees 30 
minutes east, until intersecting with a line beginning at a point 
marked as ``Post H.V.R. No. 3'' on said survey and extending on a 
bearing of south 15 degrees 59 minutes east, comprising 2,641 acres 
more or less.
  (c) Boundary Adjustment.--The boundary of the Six Rivers National 
Forest shall be adjusted to exclude the lands to be held in trust for 
the benefit of the Hoopa Valley Tribe pursuant to this section.

SEC. 3. SURVEY.

  The Secretary of the Interior, acting through the Bureau of Land 
Management, shall survey and monument that portion of the boundary of 
the Hoopa Valley Reservation established by the addition of lands made 
by section 2.

                          purpose of the bill

    The purpose of H.R. 2710 is to provide for the conveyance 
of certain land in the State of California to the Hoopa Valley 
Tribe.

                  background and need for legislation

    H.R. 2710 would convey to the Hoopa Valley Tribe 2,641.3 
acres of land currently administered by the Forest Service as 
part of the Six Rivers National Forest.
    This narrow strip of land would square up the boundary of 
the Hoopa Valley Reservation by removing a dog-leg in the south 
boundary which was created in the 1870's when Federal 
Government surveyors apparently altered the agreed-upon 
boundary to avoid interfering with the mining interests of non-
Indians in the area.
    Although the acreage in question has been timbered during 
its status as National Forest land, it remains important to the 
Tribe and is used for ceremonies and other traditional 
purposes. There are no inholdings or special use permits which 
exist relating to the land. Tribal policy provides public 
access to a campground in the area using Road 10N02.

                            committee action

    H.R. 2710 was introduced on December 5, 1995, by 
Congressman Frank Riggs (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on National Parks, Forests and Lands. On July 17, 
1996, the Subcommittee on Native American and Insular Affairs 
held a hearing on H.R. 2710. On August 1, 1996, the Full 
Resources Committee met to consider H.R. 2710 and the 
Subcommittee on National Parks, Forests and Lands was 
discharged from further consideration of the bill. An amendment 
to include language that would ensure that the boundary of the 
National Forest be adjusted as the Reservation boundary is 
adjusted was offered by Congressman Don Young (R-AK), and 
adopted by voice vote. The bill, as amended, was then ordered 
favorably reported by voice vote to the House of 
Representatives.

                      section-by-section analysis

Section 1. Short title

    This section provides that this Act may be cited as the 
``Hoopa Valley Reservation South Boundary Correction Act''.

Section 2. Land transfer to reservation

    Subsection (a) would transfer all right, title, and 
interest of the United States in and to certain lands to the 
Hoopa Valley Tribe to be held in trust and to become part of 
the Tribe's reservation.
    Subsection (b) describes the 2,641 acres of land, presently 
administered by the Forest Service, which are to be transferred 
to the Tribe.
    Subsection (c) provides that the boundary of the Six Rivers 
National Forest shall be adjusted to exclude those lands being 
transferred to the Tribe.

Section 3. Survey

    This section provides that the Secretary of the Interior 
shall survey and monument that portion of the Tribe's 
reservation boundary established by this land transfer.

            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. 2710 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. 2710. 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. 
2710 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. Enactment of H.R. 2710 could result in a one-time 
net increase in discretionary spending in fiscal year 1997, but 
a decrease in discretionary spending of $20,000 per year 
thereafter. In addition, H.R. 2710 would result in a loss of 
offsetting receipts of less than $10,000 a year.
    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. 2710.
    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. 
2710 from the Director of the Congressional Budget Office.

               congressional budget office cost estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 29, 1996.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2710, the Hoopa Valley Reservation South Boundary 
Adjustment Act, as ordered reported by the House Committee on 
Resources on August 1, 1996. CBO estimates that enacting H.R. 
2710 would result in a net increase of about $50,000 in 
discretionary spending in fiscal year 1997, and a decrease of 
about $20,000 a year thereafter, assuming appropriations 
consistent with the bill's provisions. Enacting H.R. 2710 also 
would affect direct spending by resulting in a loss in 
offsetting receipts; therefore, pay-as-you-go procedures would 
apply to the bill. We estimate, however, that the effect on 
offsetting receipts would be less than $10,000 a year.
    H.R. 2710 would transfer into trust for the Hoopa Valley 
Tribe about 2,641 acres of land in the Six Rivers National 
Forest. Upon the transfer of the land, the tribe would assume 
management of the land, including the Tish-Tang Campground, 
from the Forest Service. We assume the bill will be enacted by 
the beginning of fiscal year 1997 at which time the land and 
management of the campground would transfer to the tribe.
    The bill would increase discretionary spending in fiscal 
year 1997 by requiring the Bureau of Land Management (BLM) to 
survey and mark the new boundary of the land to the 
transferred. Based on information from BLM and the Forest 
Service, we estimate that BLM would spend about $70,000 in 
fiscal year 1997 for the land survey activities, assuming 
appropriation of the necessary amounts. However, the Forest 
Service would save about $20,000 a year in management and 
maintenance costs for the campground once the land transfer 
takes place.
    Once the land is transferred to the tribe, the federal 
government would forgo offsetting receipts from campground fees 
and miscellaneous forest product permits. We estimate that the 
net loss of receipts would total less than $10,000 a year. 
According to the Forest Service, there would be no loss of 
timber receipts because all timbering on the land has been 
completed.
    H.R. 2710 would impose no private-sector or 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act of 1995 (Public Law 104-4) and would impose no costs 
on state, local, or tribal governments. By voluntarily 
accepting the land transfer, the Hoopa Valley Tribe would also 
accept responsibility for managing the campground, along with 
the associated costs.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa Daley.
            Sincerely,
                                              ------ ------
                                   (For June E. O'Neill, Director).

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 2710 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 2710 would make no changes in existing 
law.