This language specifies the Tribe's authority to use its funds for purchases on a willing-seller basis within the exterior boundary of the Reservation.

I believe the Subcommittee should

amend S. 1687 in this manner. It is my hope that after the Senate's action is completed, the House will approve these changes and this matter can be resolved during the 100th Congress.

The main thrust, Mr. Chairman and members of the Subcommittee, of S. 1687 is to transfer close to 2,200 acres to the Goshute Indian Reservation. It is important to note that all

of this land was at one time part of the aboriginal area of the Goshutes. I would refer the Subcommittee to the submitted testimony by the Goshute Chairman regarding the 1977 court case on this issue for an account of how these lands were "lost" to the tribe. It is only proper that Congress restore this acreage to the tribe as well as "clean-up" historical oversights in the creation and the development of the reservation. Public hearings have been conducted during the past several years on this proposed legislation. I am pleased to report to the Subcommittee that comments from all interested parties were taken into consideration in the development of this legislation and have produced a final product which I believe should be passed, with slight modification, by this Subcommittee and adopted by the full

Senate.

The 100th Congress has a unique opportunity to correct the unintended drafting oversights and simplify the Goshute Reservation's boundaries. I believe this small band of Indians of Western Utah deserves the Congress' recognition of past drafting mistakes and a willingness to equitably resolve them.

Again, I thank the Chairman for bringing this legislation to the Subcommittee's attention, and I urge the Subcommittee to report out S. 1687 with the above-mentioned changes.

Senator MELCHER. And Senator, we will be very conscientious in performing our duties in the subcommittee on your bill.

On this bill, S. 1687, we will now hear from Joe Christie Acting Deputy to the Assistant Secretary of Indian Affairs from the Department of the Interior.

STATEMENT OF JOE C. CHRISTIE, ACTING DEPUTY TO THE ASSISTANT SECRETARY FOR INDIAN AFFAIRS, TRUST AND ECONOMIC DEVELOPMENT, DEPARTMENT OF THE INTERIOR

Mr. CHRISTIE. Good morning, Mr. Chairman and members of the committee. I am pleased to present the views of the Department of the Interior on S. 1687, a bill to correct historical and geographical oversights in the establishment and development of the Utah component of the Confederated Tribes of the Goshute Reservation, to unify the land base of the Goshute Reservation, to simplify the boundaries of the Goshute Reservation, and for other purposes.

We have no objection to the enactment of S. 1687, if the amendments we recommend are adopted, including a requirement for the fair market value to be paid for conveyance of certain Federal interests.

You have a copy of my statement, and I will submit that for the record. I would like to generally summarize and then be open for questions.

S. 1687 would provide for the United States to hold certain lands in trust for the use and benefit of the Confederated Tribes of the Goshute Reservation and to make those lands part of the reservation. These lands include:

A, lands described and set aside for the Goshute and other Indians in Executive Order 1539 and in Executive Order 1903 comprising approximately 34,560 acres;

B, lands apparently unintentionally omitted from inclusion by Executive Order 1903 comprising approximately 1,753 acres of public domain lands in Juab County, Utah;

C, Federal but non-Indian lands within the boundaries of the Executive Order 1539 and 1903 areas comprising 80 acres in Juab County, Utah;

D, lands held in trust for the tribe but not part of the reservation comprising approximately 5,075.69 acres in Tooele and Juab Counties, Utah;

E, all right, title and interest of the United States in and to the subsurface estates in some 1,089 acres described in section 10(d). The surface estates are held in trust for the tribe by the United States.

F, lands owned by the tribe in fee comprising approximately 5 acres of land used as a Goshute tribal cemetery in Tooele County, Utah;

And G, Federal lands surrounding the Goshute tribal cemetery comprising approximately 360 acres in Tooele County, Utah.

Section 1 of the bill would vest the Confederated Tribes of the Goshute Reservation with a trust title interest in their executive order lands. We believe that section 1 does not alter the current trust status of those lands or the priority date for the water rights involved. However, we have no objection to the provision.

Secondly, the administration position that land obtained by the tribe should be compensated at a fair market value stems from Public Law 94-571, the Federal Lands Policy Management Act, title II, section 203, dealing with sales. However, we do believe that there are three exceptions to this fair market value compensation. First of all, we believe that the 1,753 acres in the strip should not be compensated as the Indian Court of Claims found that the tribe's aboriginal title to some 128,000 acres was not extinguished, and no compensation was provided. Because of this, we do not believe that they should have to compensate for the 1,753 acres of that strip.

Secondly, the 1,089 subsurface acres are for the most part located in this 128,000 acres, and for the same reason, we do not believe that compensation would be required in that case.

Thirdly, the 80 acres located within the reservation that is currently used for agency buildings and other structures. We have authority under 40 U.S.C. 483(a)(2) that if those are excess, that they can be turned over to the tribe without any cost to the tribe. So, we believe that those three exceptions should be made to the fair market compensation.

We understand that sections 4 and 10(g) of the bill are intended to provide that if certain interest in land owned by the State of Utah but surrounded by the Goshute Reservation are acquired through exchange with the tribe or the Bureau of Land Management, that the title shall be taken in trust by the United States for the Goshute Tribe and the land added to the reservation. Section 4(a) should be amended to apply only to public domain land. As currently written, it would prevent a Federal agency from acquiring land in that area for use by that agency.

Section 5 provides land acquisition and exchange authorities for the tribe which are similar to existing authorities available to the tribe under provisions in 25 U.S.C. 464, 465, and 467 and 2201 through 2211. In some respects, section 5 is more restrictive than current authorities, and we believe it should be amended to state that section 5 is in addition to other authorities available.

And lastly, section 8 states that lands taken in trust under the bill are subject to the same Federal laws that apply to the lands comprising the reservation of the tribe on the day of the enactment of this act. This section we feel is unnecessary.

This concludes my prepared statement. I'd be pleased to answer any questions that the committee may have.

[The prepared statement of Mr. Christie follows:]

STATEMENT OF JOE C. CHRISTIE, ACTING DEPUTY TO THE ASSISTANT SECRETARY INDIAN AFFAIRS (TRUST AND ECONOMIC DEVELOPMENT), DEPARTMENT OF THE INTERIOR BEFORE THE ENERGY AND NATURAL RESOURCES SUBCOMMITTEE ON PUBLIC LANDS, NATIONAL PARKS AND FORESTS, UNITED STATES SENATE, HEARING ON S. 1687, A BILL "TO CORRECT HISTORICAL AND GEOGRAPHICAL OVERSIGHTS IN THE ESTABLISHMENT AND DEVELOPMENT OF THE UTAH COMPONENT OF THE CONFEDERATED TRIBES OF THE GOSHUTE RESERVATION, TO UNIFY THE LAND BASE OF THE GOSHUTE RESERVATION, TO SIMPLIFY THE BOUNDARIES OF THE GOSHUTE RESERVATION AND FOR OTHER PURPOSES.

May 20, 1988

Good morning Mr. Chairman and members of the Committee, I am pleased to present the views of the Department of the Interior on S. 1687, a bill "To Correct historical and geographical oversights in the establishment and development of the Utah component of the Confederated Tribes of the Goshute Reservation, to unify the land base of the Goshute Reservation, to simplify the boundaries of the Goshute Reservation, and for other purposes."

We would have no objection to the enactment of S. 1687, if the amendments we recommend are adopted, including a requirement that fair market value be paid for conveyance of certain Federal interests.

S. 1687 would provide for the United States to hold certain lands in trust for the use and benefit of the Confederated Tribes of the Goshute Reservation and make those lands part of the Reservation. These lands include:

(a) Lands described and set aside for the Goshute and other Indians in Executive Order 1539 (May 29, 1912) and in Executive Order 1903 (March 23, 1914), comprising approximately 34,560 acres.

(b) Lands apparently unintentionally omitted from inclusion by Executive Order 1903 comprising approximately 1,753 acres of public domain lands in Juab County, Utah.

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(c) Federal but non-Indian lands within the boundaries of the Executive Order 1539 and 1903 areas comprising 80 acres in Juab County, Utah.

(d) Lands held in trust for the tribe but not part of the reservation comprising approximately 5,075.69 acres in Tooele and Juab Counties, Utah.

(e) All right, title and interest of the United States in and to the subsurface estates in some 1,089 acres described in section 10(d). The surface estates are held in trust for the tribe by the United States.

(f) Lands owned by the tribe in fee comprising of approximately 5 acres of land used as a Goshute Tribal Cemetery in Tooele County, Utah.

(g) Federal lands surrounding the Goshute Tribal Cemetery comprising approximately 360 acres in Tooele County, Utah.

The Goshute Indian Reservation is in the States of Nevada and Utah. The largest portion, 70,489 acres, is located in the northeastern portion of White Pine County, Nevada which is about 100 miles northeast of Ely, Nevada. The remaining approximately 38,803 acres extends into the northwest corner of Juab and Tooele Counties, Utah located some 175 miles southwest of Salt Lake City, Utah.

Executive Order 1539 (May 29, 1912) and Executive Order 1903 (March 23, 1914) reserved from settlement, entry, sale, or other disposition, and set aside lands in Utah for the use and benefit of the Goshute and other Indians. Since issuance of the orders the lands have been administered as the Goshute Reservation. Section 1 of the bill would vest the Confederated Tribes of the Goshute Reservation with a trust title interest in their Executive Order lands. We believe that section 1 does not alter the current trust status of