[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.