[Senate Report 104-189]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 283
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-189
_______________________________________________________________________


 
                   CUPRUM TOWNSITE RELIEF ACT OF 1995

                                _______


               December 19, 1995.--Ordered to be printed

_______________________________________________________________________


  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.