[Senate Report 104-85]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 113
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-85
_______________________________________________________________________


 
 TO TRANSFER A PARCEL OF LAND TO THE TAOS PUEBLO INDIANS OF NEW MEXICO

                                _______


     May 19 (legislative day, May 15), 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 H.R. 101]
    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 101) to transfer a parcel of land to the 
Taos Pueblo Indians of New Mexico, having considered the same, 
reports favorably thereon without amendment and recommends that 
the Act do pass.

                         PURPOSE OF THE MEASURE

    The purpose of H.R. 101 is to transfer 764.33 acres of land 
within the Wheeler Peak Wilderness in New Mexico to the 
Secretary of the Interior to be held in trust for Pueblo de 
Taos Indians.

                          BACKGROUND AND NEED

    H.R. 101 would transfer 764.33 acres of lands in the Carson 
National Forest in New Mexico to the Secretary of the Interior, 
to be held in trust for Pueblo de Taos Indian tribe. The lands 
are within the Congressionally designated Wheeler Peak 
Wilderness.
    The lands, known as the ``Bottleneck Track,'' are 
surrounded on three sides by Pueblo lands. The adjacent Pueblo 
lands are known as the Blue Lake Wilderness. These lands were 
transferred in 1970 to the Pueblo pursuant to Public Law 91-
550. That Act authorizes the Pueblo to use the lands for 
traditional purposes, but otherwise requires the Pueblo to 
manage the Blue Lake Wilderness area to be ``forever wild'' and 
to be maintained as a wilderness as defined in section 2(c) of 
the Wilderness Act of 1964.
    H.R. 101 directs that the Bottleneck Tract be managed under 
the 1970 Act once it is transferred to the Pueblo. Committee 
notes that the Pueblo intends to manage this area as part of 
the Pueblo's Blue Lake Wilderness. The entire Blue Lake area, 
including the Bottleneck Tract, is sacred to the Pueblo and is 
used for religious ceremonial purposes. The Bottleneck Tract is 
crossed by a sacred trail known as the ``Trail of Life.'' From 
the Bottleneck Tract, the public can look down at Blue Lake, 
making it difficult to maintain privacy for religious 
ceremonies. Transfer of the Bottleneck Tract will enable the 
Pueblo to protect the wilderness characteristics of the area 
while ensuring privacy for the Pueblo's traditional and 
religious ceremonies.

                          LEGISLATIVE HISTORY

    H.R. 101 was introduced in the House of Representatives by 
Congressman Richardson. The bill was favorably reported from 
the Resources Committee on January 18, 1995 and was passed by 
the House of Representatives by a voice vote on February 1, 
1995. Companion legislation, S. 166, was introduced by Senators 
Bingaman, Domenici, and Dole, on January 5, 1995.
    In the 103rd Congress, similar legislation was introduced 
in both the House and the Senate. The Subcommittee on Public 
Lands, National Parks and Forests held a hearing on the Senate 
measure, S. 1509, on April 21, 1994.
    At the business meeting on March 29, 1995, the Committee on 
Energy and Natural Resources ordered H.R. 101 favorably 
reported without amendment.

           COMMITTEE RECOMMENDATIONS AND TABULATION OF VOTES

    The Committee on Energy and Natural Resources, in open 
business session on March 29, 1995, by a unanimous vote of a 
quorum present, recommends that the Senate pass H.R. 101 
without amendment.
    The rollcall vote on reporting the measure was 20 yeas, 0 
nays, as follows:
        YEAS                          NAYS
Mr. Murkowski
Mr. Hatfield \1\
Mr. Domenici
Mr. Nickles \1\
Mr. Craig
Mr. Campbell \1\
Mr. Thomas \1\
Mr. Kyl \1\
Mr. Grams
Mr. Jeffords \1\
Mr. Burns \1\
Mr. Johnston
Mr. Bumpers
Mr. Ford
Mr. Bradley
Mr. Bingaman
Mr. Akaka
Mr. Wellstone \1\
Mr. Heflin \1\
Mr. Dorgan

    \1\ Indicates voted by proxy.
                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) transfers the lands known as the Bottleneck 
tract to the Secretary of the Interior to be held in trust for 
the Pueblo de Taos. It directs that these lands be managed in 
accordance with section 4 of the Act of May 31, 1933 (48 Stat. 
108) as amended, including Public Law 91-550 (84 Stat. 1437).
    Subsection (b) describes the lands to be transferred and 
references a map.
    Subsection (c) adjusts the boundaries of the Carson 
National Forest and the Wheeler Peak Wilderness, accordingly.
    Subsection (d) states that the Congress finds and declares 
that as a result of the enactment of this Act, the Taos Pueblo 
has no unresolved equitable or legal claims against the United 
States on the lands transferred pursuant to this Act.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the cost of this measure has been 
provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 10, 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 
reviewed H.R. 101, an act to transfer a parcel of land to the 
Taos Pueblo Indians of New Mexico, as ordered reported by the 
Senate Committee on Energy and Natural Resources on March 29, 
1995. CBO estimates that H.R. 101 would have no significant 
impact on the federal budget and no impact on the budgets of 
state and local governments. Because enactment of H.R. 101 
would not affect direct spending or receipts, pay-as-you-go 
procedures would not apply to the act.
    H.R. 101 would transfer to the Secretary of the Interior 
764 acres of Carson National Forest lands, which would be held 
in trust for the Pueblo de Taos and be part of the Pueblo de 
Taos Reservation. Enacting the legislation would not result in 
the loss of timber receipts because the land is currently 
managed under the Wilderness Act of 1964, which prohibits the 
extraction of natural resources.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Theresa 
Gullo.
            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 H.R. 101. The Act 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 H.R. 101, as ordered reported.

                        EXECUTIVE COMMUNICATIONS

    On May 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 agency recommendations on H.R. 101. These 
reports had not been received at the time the report on H.R. 
101 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.

                        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 H.R. 101, as ordered 
reported.