Statements on Introduced Bills and Joint Resolutions

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. HATCH (for himself, Mr. Bennett, Mr. Reid, and Mr. Ensign):

S. 1941. A bill to direct the Secretary of Agriculture to convey certain real property in the Dixie National Forest in the State of Utah, and for other purposes; to the Committee on Energy and Natural Resources.

Mr. HATCH. Mr. President, I rise today along with my cosponsors Senators BENNETT, REID, and ENSIGN to introduce a very simple piece of legislation. The bill would direct the Secretary of Agriculture to convey, at fair market value, 112 acres of property in the Dixie National Forest to Mr. Kirk Harrison. Let me explain why this legislation is necessary.

Mr. Harrison's family settled in southern Utah's Pinto Valley in 1860. The family was among the first to locate to the area. The Harrison family established their property boundaries by constructing fences that are still standing today. The family cleared, irrigated, and settled the property in question and continued to plant and harvest crops, raise livestock, maintain fences, and otherwise work the land for more than 150 years. During that time, the family exercised unrestricted use, relying on those boundaries established in 1860.

In 1885, the Harrison family applied for and was granted a patent to those lands. Subsequent surveys in 1881 and 1905 found no discrepancies between the boundaries asserted by the Harrison family and the actual boundaries of the adjacent Forest Service lands.

It was not until 1984, when the Forest Service employed an independent firm to perform a survey, did any inconsistency arise. The 1984 survey found that the land occupied by the Harrison family was in violation of the boundary established in the 1885 patent.

The 1984 survey was flawed for two principal reasons: First, a rock survey monument used in the 1881 survey is 37 feet away from a different rock monument used in the 1905 survey, creating significant confusion. Neither of these monuments could be located or used during the 1984 survey. Next, the 1984 surveyors did not accept an historic ``rock mound'' monument, despite the fact that other surveyors had.

The Harrison family has used this land for nearly 150 years. Mr. Harrison wants nothing more than to be able to continue to use the land that his family settled and has used for so long. While Mr. Harrison has worked to resolve this issue with the Forest Service for nearly 15 years, the parties have not been able to agree upon a viable solution. This legislation offers a fair, commonsense answer to the problem.

The bill would direct the Secretary of Agriculture to sell Mr. Harrison 112 acres at fair market value. This represents slightly more land than the Harrison family's original property to satisfy the Forest Service's requirement that boundaries be uniform. The Forest Service stipulates that its national forest boundaries must be straight and manageable, and the purchase of additional acreage will fulfill that requirement. The bill also would ensure that the Secretary uses the proceeds from the sale of the land to purchase other acreage for the Dixie National Forest. In my view, this legislation is the easiest and most effective way to resolve this longstanding dispute.

I am aware that some concerns have been raised about this bill in the past. For example, some have expressed concerns that this legislation would restrict sportsmen's access to the Dixie National Forest, prevent landowners from obtaining water, and allow for the subdivision of the land. However, since those concerns were raised, the plan has been cleared by the Washington County Commission, the State hunter interests, and the majority of landowners in the Pinto Valley. Only after receiving assurances that these groups did not oppose this legislation did I decided to move forward.

Thank you, Mr. President.

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