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B-177079 1 (1974-01-29)

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                   L -UGA      RM GENERAL OF THE UNITED STATES
                                 WASHINGTON, D.C. 205                   ..

                                 RELEASED                                0
                                                              JAh 2 b 1974
         B-177079

      T--he Honorable Henry M. Jackson, Chairman
   ?     Committee on Interior and Insular Affairs
         United States Senate

         Dear Mr. Chairman:

              During hearings before your Committee in 1971, pursuant to Senate
        Resolution 45 which authorized investigation into the national fuels and
7'       energy policy, Navajo and Hopi Indian tribal members and others ques-
        tioned the equity of utility and coal companies' payments for mining coal
        on tribal lands. In a June 1972 report on problems of electrical power
        production in the Southwest, the Committee recommended that the
        Comptroller General be requested to review provisions of Navajo and
        Hopi coal leases and to report to the Congress on his analysis of the
        comparison of royalties and other payments to the tribes with payments
        received on public lands and elsewhere for similar types of contracts.

              In your February 20, 1973, letter, you requested that we review
        these leases and compare the revenues and royalties being received by
        the Navajo and Hopi Tribes with the revenues and royalties being re-
        ceived by the Federal Government from similar coal leases issued during
        the same period and, to the extent feasible, with revenues being received
        from mining on State and private lands. You suggested that we consider
        such factors as coal quality, mining ease, transportation and mining
        costs, and required land reclamation work.

              We reviewed and evaluated the provisions of 1 Hopi and 5 Navajo
         coal-mining leases on tribal lands in Arizona and New Mexico; 61 coal-
         mining leases on Federal lands in Colorado, New Mexico, and Utah;
         25 coal-mining leases on State lands in Colorado, New Mexico, and Utah;
         and 14 coal-mining leases on private lands in Colorado, Montana, New
         Mexico, and Wyoming. We also interviewed appropriate Federal, State,
         tribal, and coal-mining-company officials. We made our review at the
         Navajo Tribal Headquarters and Bureau of Indian Affairs (BIA) Area
         Office, Window Rock, Arizona; the Hopi Tribal Headquarters and BIA
         Agency Office, Keams Canyon, Arizona; the BIA Area Office, Phoenix,
         Arizona; the U.S. Geological Survey (USGS) State offices and State land
         resources agency offices in Arizona, Colorado, New Mexico, and Utah;
         and the offices of two coal-mining companies.

              We reviewed the provisions of the Navajo and Hopi coal-mining
        leases and compared the revenue provisions of these leases with the
        revenue provisions of similar Federal, State, and private leases issued
        during the same period. The revenue provisions of the Indian leases,
        except the first lease, are generally as good as, or better than, the
        revenue provisions of the non-Indian leases.

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