[House Report 105-110]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-110
_______________________________________________________________________


 
         HOOPA VALLEY RESERVATION SOUTH BOUNDARY ADJUSTMENT ACT

                                _______
                                

  June 3, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany H.R. 79]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 79) to provide for the conveyance of certain land in the 
Six Rivers National Forest in the State of California for the 
benefit of the Hoopa Valley Tribe, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hoopa Valley Reservation South 
Boundary Adjustment Act''.

SEC. 2. TRANSFER OF LANDS WITHIN SIX RIVERS NATIONAL FOREST FOR HOOPA 
                    VALLEY TRIBE.

  (a) Transfer.--All right, title, and interest in and to the lands 
described in subsection (b) shall hereafter be administered by the 
Secretary of the Interior and be held in trust by the United States for 
the Hoopa Valley Tribe. The lands are hereby declared part of the Hoopa 
Valley Reservation. Upon the inclusion of such lands in the Hoopa 
Valley Reservation, Forest Service system roads numbered 8N03 and 7N51 
and the Trinity River access road which is a spur off road numbered 
7N51, shall be Indian reservation roads, as defined in section 101(a) 
of title 23 of the United States Code.
  (b) Lands Described.--The lands referred to in subsection (a) are 
those portions of Townships 7 North and 8 North, Ranges 5 East and 6 
East, Humboldt Meridian, California, within a boundary beginning at a 
point on the current south boundary of the Hoopa Valley Indian 
Reservation, marked and identified as ``Post H.V.R. No. 8'' on the Plat 
of the Hoopa Valley Indian Reservation prepared from a field survey 
conducted by C.T. Bissel, Augustus T. Smith, and C.A. Robinson, Deputy 
Surveyors, approved by the Surveyor General, H. Pratt, March 18, 1892, 
and extending from said point on a bearing of north 72 degrees 30 
minutes east, until intersecting with a line beginning at a point 
marked as ``Post H.V.R. No. 3'' on such survey and extending on a 
bearing of south 15 degrees 59 minutes east, comprising 2,641 acres 
more or less.
  (c) Boundary Adjustment.--The boundary of the Six Rivers National 
Forest in the State of California is hereby adjusted to exclude the 
lands to be held in trust for the benefit of the Hoopa Valley Tribe 
pursuant to this section.
  (d) Survey.--The Secretary of the Interior, acting through the Bureau 
of Land Management, shall survey and monument that portion of the 
boundary of the Hoopa Valley Reservation established by the addition of 
the lands described in subsection (b).
  (e) Settlement of Claims.--The transfer of lands to trust status 
under this section extinguishes the following claims by the Hoopa 
Valley Tribe:
          (1) All claims on land now administered as part of the Six 
        Rivers National Forest based on the allegation of error in 
        establishing the boundaries of the Hoopa Valley Reservation, as 
        those boundaries were configured before the date of the 
        enactment of this Act.
          (2) All claims of failure to pay just compensation for a 
        taking under the fifth amendment to the United States 
        Constitution, if such claims are based on activities, occurring 
        before the date of the enactment of this Act, related to the 
        lands transferred to trust status under this section.

                          PURPOSE OF THE BILL

    The purpose of H.R. 79 is to provide for the conveyance of 
certain land in the Six Rivers National Forest in the State of 
California for the benefit of the Hoopa Valley Tribe.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 79 would transfer approximately 2,641 acres of land to 
the Hoopa Valley Tribe of California. The land to be 
transferred is currently part of the Six Rivers National 
Forest. The Forest Service has built roads and harvested timber 
on the affected lands. The property also contains graves and 
the remains of an ancient village of the Tish-Tan-A-Tang band 
of Hoopa Indians. The current boundary of the Hoopa Valley 
Reservation contains a ``dog-leg'' in the South boundary as a 
result of a 1875 survey. That property line left 2,641 acres 
out of the six-mile square. H.R. 79 would straighten the 
boundary to reflect what many believe was the originally 
intended boundary of the reservation.

                            COMMITTEE ACTION

    H.R. 79 was introduced on January 7, 1997, by Congressman 
Frank Riggs (R-CA). The bill was referred to the Committee on 
Resources, and within the Committee to the Subcommittee on 
Forests and Forest Health. On May 6, 1997, the Subcommittee 
held a hearing on H.R. 79, where the Administration testified 
that it supports H.R. 79 with amendments to address several 
concerns. First, the proposed amendment would specify that the 
lands held in trust for the Hoopa Valley Tribe would be 
administered by the Secretary of the Interior. Second, the 
Administration requested a technical change to state that the 
boundary of the Six Rivers National Forest ``is hereby'' 
adjusted instead of requiring that it ``shall be'' adjusted, to 
avoid the need for subsequent administrative action to change 
the boundary. Finally, the Administration requested a new 
paragraph on settlement of claims by the Hoopa Valley Tribe. 
The Administration indicated that the Tribe was in agreement 
with the proposed changes. On May 8, 1997, the Subcommittee met 
to mark up H.R. 79. An amendment was offered by Congresswoman 
Helen Chenoweth (R-ID) and approved by voice vote to address 
the changes requested by the Administration. The bill was then 
ordered favorably reported to the Full Committee. On May 21, 
1997, the Full Resources Committee met to consider H.R. 79. An 
amendment was offered by Congresswoman Helen Chenoweth to 
clarify that three roads on the lands to be transferred will be 
made part of the Indian Reservation Road System as defined in 
23 U.S.C. 101(a). This ensures that the roads will continue to 
be managed as public roads. The amendment was adopted by voice 
vote. The bill was then ordered favorably reported to the House 
of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section one describes the short title of the bill, the 
``Hoopa Valley Reservation South Boundary Adjustment Act.''

Section 2. Transfer of lands within Six Rivers National Forest for 
        Hoopa Valley Tribe

    Section two provides for the transfer of approximately 
2,641 acres at the south boundary of the reservation to be held 
in trust by the United States for the benefit of the Hoopa 
Valley Tribe. Accordingly, it also adjusts the boundary of the 
Six Rivers National Forest to exclude the transferred lands and 
provides for a survey of the new boundary.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 79.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 79. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 79 
does not contain any new budget authority, credit authority, or 
an increase or decrease in tax expenditures. Enactment of H.R. 
79 would result in a net increase in discretionary spending in 
fiscal year 1998 (of about $50,000) and a decrease of about 
$20,000 a year thereafter. Enactment of H.R. 79 would also 
reduce offsetting receipts (estimated to be less than $10,000 a 
year).
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 79.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 79 
from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 2, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 79, the Hoopa 
Valley Reservation South Boundary Adjustment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lisa H. 
Daley.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 79--Hoopa Valley Reservation South Boundary Adjustment Act

    CBO estimates that enacting H.R. 79 would result in a net 
increase of about $50,000 in discretionary spending in fiscal 
year 1998 and a decrease of about $20,000 a year thereafter, 
assuming appropriations consistent with the bill's provisions. 
Enacting H.R. 79 also would affect direct spending by reducing 
offset receipts; therefore, pay-as-you-go procedures would 
apply to the bill. We estimate, however, that the loss of 
offsetting receipts would be less than $10,000 a year.
    H.R. 79 would transfer into trust for the Hoopa Valley 
Tribe about 2,641 acres of land in the Six Rivers National 
Forest. Upon transfer of the land, the tribe would assume 
management of the land, including the Tish-Tang Campground and 
three Forest Service roads. We assume the bill will be enacted 
by the beginning of fiscal year 1998, at which time the land 
and management of the campground and roads would transfer to 
the tribe.
    The bill would increase discretionary spending in fiscal 
year 1998 by requiring the Bureau of Land Management (BLM) to 
survey and mark the boundary of the land to be transferred. 
Based on information from BLM and the Forest Service, we 
estimate that BLM would spend about $70,000 in fiscal year 1998 
for the land survey activities, assuming appropriation of the 
necessary amounts. However, the Forest Service would save about 
$20,000 a year in management and maintenance costs for the 
campground once the land transfer takes place. There would be 
no net budgetary impact from transferring the roads to the 
tribe, because the federal government will continue to pay for 
their maintenance.
    Once the land is transferred to the tribe, the federal 
government would forgo offsetting receipts from campground fees 
and miscellaneous forest product permits. We estimate that the 
net loss of receipts would total less than $10,000 a year. 
According to the Forest Service, there would be no loss of 
timber receipts because all timbering on the land has been 
completed.
    H.R. 79 contains no private-sector or intergovernmental 
mandates as defined in the Unfunded Mandates Reform Act of 1995 
(UMRA) and would impose no costs on state, local, or tribal 
governments. By voluntarily accepting the land transfer, the 
Hoopa Valley Tribe would also accept responsibility for 
managing the campground, along with the associated costs.
    The CBO staff contact for this estimate is Lisa H. Daley. 
This estimate was approved by Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    H.R. 79 contains no unfunded mandates.

                        CHANGES IN EXISTING LAW

    If enacted, H.R. 79 would make no changes in existing law.