[Senate Report 104-348]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 558
104th Congress                                                   Report
                                 SENATE

 2d Session                                                     104-348
_______________________________________________________________________


 
          ADDITION OF LANDS TO THE GOSHUTE INDIAN RESERVATION

                                _______
                                

                 August 1, 1996.--Ordered to be printed

_______________________________________________________________________


    Mr. McCain, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2464]

    The Committee on Indian Affairs, to which was referred the 
bill (H.R. 2464) Addition of Lands to the Goshute Indian 
Reservation, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                Purpose

    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

    Public Law 103-93, the ``Utah Schools and Lands 
Improvements Act of 1993'' provides a framework for resolving 
Federal and State land management problems resulting from 
interspersed land ownership within the boundaries of National 
Parks, National Forests, and Indian Reservations in Utah. The 
Act authorizes the Secretary of the Interior to acquire 
approximately 200,000 acres of Utah school trust land, 
consisting of about 575 separate tracts, in exchange for 
Federal lands and mineral rights of equal value.
    The Goshute Tribe's reservation is located astride the 
border between Utah and Nevada, with approximately half of the 
reservation within each state. When the Congress was 
considering the legislation that became Public Law 103-93, the 
Goshute Tribe asked that legislative language be included to 
resolve problems along their reservation's southern boundary. 
The irregular configuration and remote location of about 8,000 
acres of State and Federal land along that boundary make proper 
management virtually impossible. The State, the Bureau of Land 
Management, and the Tribe have been unable to prevent 
trespassing and poaching in the area. In addition, fencing and 
patrolling the boundary has been costly and difficult. At the 
request of the sponsors of the 1993 bill, however, the Tribe 
agreed to address these matters later in a free standing bill.
    H.R. 2464 would amend the 1993 Act to provide for the 
exchange of approximately 7,000 acres of additional State land, 
located within the Goshute Reservation boundaries, for Federal 
lands or interests of equal value. These State lands would be 
added, in trust, to the reservation upon acquisition by the 
United States. About 320 acres of surface and subsurface land 
and another 960 acres of unencumbered reserved Federal 
minerals, managed by the Bureau of Land Management, would also 
be added to the reservation. Addition of these lands to the 
reservation would provide a more clearly defined and manageable 
preservation boundary. The bill provides for the Tribe to be 
responsible for the cost of appraising the additional State and 
Federal lands, estimated at $10,000.
    The Committee held a hearing on H.R. 2464 on July 17, 1996. 
Maitland Sharpe, Assistant Director of the Bureau of Land 
Management (BLM), 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, testified in strong 
support of the bill. The Committee also received supporting 
testimony from Senators Robert F. Bennett (R-UT) and Orrin 
Hatch (R-UT), Juab County, Utah, and the Utah Wilderness 
Coalition.

                          Legislative History

    H.R. 2464 was introduced on October 11, 1995, by 
Representative James V. Hansen (R-UT), and referred to the 
Committee on Resources. The Subcommittee on National Parks, 
Forests and Lands held a hearing on the bill on October 16, 
1995. On December 19, 1995, the Subcommittee, by voice vote, 
ordered the bill favorably reported, without amendment, to the 
full Committee. On April 25, 1996, the full Resources 
Committee, by voice vote, ordered the bill favorably reported, 
without amendment, to the House of Representatives. On May 14, 
1996, the House of Representatives passed H.R. 2464, by voice 
vote, under Suspension of the Rules. In the Senate, H.R. 2464 
was referred to the Committee on Indian Affairs, which held a 
hearing on the bill on July 18, 1996.

            Committee Recommendation and Tabulation of Vote

    On July 24, 1996, the Committee on Indian Affairs, in an 
open business session, considered H.R. 2464 and ordered it 
reported, without amendment, with a recommendation that the 
bill be passed.

                      Section-by-Section Analysis

    Section 1. This section amends the Utah Schools and Lands 
Improvements Act of 1993 by adding a new section 11.
    Subsection 11(a) adds 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.
    Subsection 11(b) authorizes the Secretary of the Interior 
to acquire through exchange the lands belonging to the State of 
Utah, subject to existing rights, to be held in trust for the 
Goshute Indian Tribe.
    Subsection 11(c) applies other sections of the 1993 Act to 
the lands to be transferred under this section, and provides 
that the Goshute Indian Tribe will be responsible for payment 
of the costs of appraisal of the lands to be acquired, which 
payment shall be paid prior to the transfer of the lands.

                    Cost and Budgetary Consideration

    The cost and budgetary impact of H.R. 2464, as evaluated by 
the Congressional Budget Office, is set forth below:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 31, 1996.
Hon. John McCain,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 2464, an act 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 Senate Committee on Indian Affairs on July 24, 
1996. H.R. 2464 would add a provision to the Utah Schools and 
Lands Improvement Act of 1993 to authorize an exchange of land 
with the state of Utah. The land acquired by the federal 
government would be held in trust for the Goshute Indian Tribe. 
CBO estimates that enacting H.R. 2464 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 the Unfunded Mandates Reform Act of 1995 (Public Law 
104-4), and would impose no costs on state, local, or tribal 
governments. This land exchange would be voluntary on the part 
of the state. The lands acquired from the state would be added 
to the Goshute Indian Reservation, and the tribe would pay for 
an 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 
act 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 contacts are Rachel 
Robertson (for federal costs), and Marjorie Miller (for the 
state, local, and tribal impact).
            Sincerely,
                                         June E. O'Neill, Director.

                      Regulatory Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that H.R. 2464 
will have no regulatory or paperwork impact.

                        Executive Communications

    The statement presented by the Department of the Interior 
at the July 18, 1996, hearing is set forth below:

   Statement of Maitland Sharpe, Assistant Director, Bureau of Land 
                 Management, Department of the Interior

    Thank you for the opportunity to testify today on H.R. 
2464, which amends Public Law 103-93 to add additional lands to 
the Goshute Indian Reservation in the State of Utah. We support 
H.R. 2464 with a suggested amendment.
    P.L. 103-93, ``The Utah Schools and Lands Improvements Act 
of 1993'' authorized and directed the exchange of approximately 
200,000 acres of Utah's institutional and trust lands located 
within the boundaries of National Parks, National Forests or 
Indian Reservations for certain Federal lands and interests. 
This exchange was to resolve Federal and State land management 
problems resulting from interspersed land ownership. H.R. 2464 
amends the 1993 Act by placing approximately 8,000 acres of 
land located within the boundaries of the Goshute Indian 
Reservation in trust for the Tribe. Approximately 7000 acres of 
this land are currently owned by the State, and will become 
part of the Reservation upon acquisition by the United States.
    The public lands to be placed in trust include four parcels 
of about 320 acres where both the surface and subsurface are 
managed by BLM and another 960 acres of reserved Federal 
minerals. The reserved minerals are not encumbered by any 
leases or claims of record. The four parcels under BLM surface 
management will be removed from an existing grazing allotment 
following passage of the bill. No reduction in authorized 
Animal Unit Months (AUMs) for the grazing operator's permit 
will occur as a result of these lands being converted to trust 
status.
    The Secretary of the Interior must compensate the State of 
Utah for the State lands transferred to the Secretary through 
an equal value exchange of Federal lands or interests as 
described in section 7 of P.L. 103-93. This is a reasonable 
proposal and one which we support.
    The bill requires the Goshute Tribe to pay the appraisal 
costs for these lands. We support this provision.
    The bill is silent with regard to liability. We suggest 
that the bill include a section that provides that, 
notwithstanding any other provision of law, the United States 
shall not incur any liability for conditions existing on the 
State lands prior to the acceptance of title by the United 
States.
    I would be more than happy to answer any questions you 
might have.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXIV of the 
Standing Rules of the Senate, 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

          * * * * * * *

                             107 Stat. 995

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 of 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.