[Senate Report 104-189]
[From the U.S. Government Publishing Office]
Calendar No. 283
104th Congress Report
SENATE
1st Session 104-189
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CUPRUM TOWNSITE RELIEF ACT OF 1995
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December 19, 1995.--Ordered to be printed
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Mr. Murkowski, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1196]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1196) to transfer certain National Forest
System lands adjacent to the Townsite of Cuprum, Idaho, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
purpose of the measure
The purpose of S. 1196, as ordered reported, is to resolve
boundary issues caused by the incorrect description of the
original boundaries granting the land. This legislation will
correct the boundary description and establish the boundary at
the location that has been relied upon since the turn of this
century.
background and need
In 1909, President William Taft accepted payment and
granted a tract of land contained within the townsite of
Cuprum, Idaho, to the occupants. Cuprum was a mining community
and remains a community to this day. The quarter corner
locating the community was established in 1891. A private
survey of the town was done in 1899 for the purpose of
providing a basis for a townsite patent. A townsite patent was
issued in 1909 that was based on the private survey. A recent
Federal survey of the area has discovered inconsistencies
between the description contained in the patent and the updated
survey. This has called into question the boundaries of several
lots within the townsite which, according to the updated extend
into the National Forest System lands adjacent to the townsite.
S. 1196 would restore the original boundaries that were
contained in the original private survey.
legislative history
S. 1196 was introduced by Senator Craig on August 11, 1995.
The Subcommittee on Forests and Public Land Management held a
hearing on November 7, 1995.
At the business meeting on November 30, 1995, the Committee
on Energy and Natural Resources ordered S. 1196 favorably
reported without amendment.
committee recommendations and tabulation of votes
The Committee on Energy and Natural Resources, in open
business session on November 30, 1995, by a unanimous voice
vote of a quorum present, recommends that the Senate pass S.
1196 without amendment.
cost and budgetary considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 14, 1995.
Hon. Frank H. Murkowski,
Chairman, Committee on Energy and Natural Resources, U.S. Senate,
Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
revised S. 1196, the Cuprum Townsite Relief Act of 1995, as
ordered reported by the Senate Committee on Energy and Natural
Resources on November 30, 1995. CBO estimates that enacting S.
1196 would have no significant impact on the federal budget or
on the budgets of state or local governments. Enacting the bill
would not affect direct spending or receipts; therefore, pay-
as-you-go procedures would not apply.
S. 1196 would transfer about seven acres of land in Payette
National Forest to Cuprum Townsite and amend the 1909 Cuprum
Townsite patent to include that land. Information from the
Forest Service indicates that the land currently generates no
offsetting receipts. Therefore, CBO estimates that enacting the
bill would not affect direct spending.
Because the total number of acres of federal land in Idaho
would decrease, the bill also could affect payments in lieu of
taxes, which are discretionary costs based in part on the
number of federally owned acres in a county. The change in such
payments, however, would not be significant.
If you wish further details on this estimate, we will be
pleased to provide them. The staff contact is Victoria V. Heid,
and, for state and local impacts, Marjorie Miller.
Sincerely,
June E. O'Neill, Director.
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. 1196. 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. 1196 as ordered reported.
executive communications
On December 11, 1995, the Committee on Energy and Natural
Resources requested legislative reports from the Department of
Agriculture and the Office of Management and Budget setting
forth executive views on S. 1196. These reports had not been
received at the time the report on S. 1196 was filed. When
these reports become available, the Chairman will request that
they be printed in the Congressional Record for the advice of
the Senate. The testimony of the Forest Service as submitted at
the Committee hearing on this measure follows:
Statement of Gray F. Reynolds, Deputy Chief, Forest Service, Department
of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to offer the Administration's views on S. 590,
a bill ``For the relief of Matt Clawson;'' S. 1371, ``The
Snowbasin Land Exchange Act of 1995;'' and S. 1196, a bill ``To
transfer certain national forest system lands adjacent to the
townsite of Cuprum, Idaho.'' I am accompanied today by Gordon
Small, the Director of Lands.
* * * * * * *
S. 1196, a bill ``To transfer certain National Forest System lands
adjacent to the townsite of Cuprum, Idaho''
S. 1196 would transfer less than 7 acres of land from the
Payette National Forest in Adams County, Idaho, to Cuprum
Townsite for no consideration. It would also amend the townsite
patent to include these lands. The bill further provides that
the Forest Service complete the survey and posting of the
forest property lines and it contains language to release the
Federal Government from liability under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980.
The Administration would normally object to the transfer of
these lands without consideration. However, given the
particular circumstances of this case, including the history of
these surveys, the historical reliance on the original metes
and bounds survey, and the number of acres involved, we would
not object to S. 1196.
In 1899, the citizens of Cuprum, Idaho, commissioned E. S.
Hesse to conduct a survey describing those lands occupied by
their community. The purpose of this survey was to provide a
basis for their application for townsite patent.
In 1909, the Cuprum Townsite patent (Number 52817) was
granted, based on an aliquot parts description which was
intended to circumscribe the Hesse survey.
Since the date of patent, the Hesse survey has been used
continuously by the community of Cuprum and by Adams County,
Idaho, as the official Townsite Plat and basis for conveyance
of title within the townsite.
Recent Federal boundary surveys discovered inconsistencies
between the official aliquot parts description of the patented
Cuprum Townsite and the Hesse survey. Many lots along the south
and east boundaries of the townsite are now known to extend
onto National Forest System lands outside the townsite. In
order to alleviate these unknowing encroachments and because
these circumstances developed through dependence on an
erroneous survey and in good faith, the Administration would
not object to S. 1196.
Mr. Chairman, that concludes my statement. I would be happy
to answer any questions.
changes in existing law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 1196 as
reported.