[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.