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B-177079 1 (1974-01-29)

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                                                        JAN 2  19 74

   B-177079

   The Honorable Henry M. Jackson, Chairman
   Committee on Interior and Insular Affairs
   United States Senate

   Dear Mr. Chairman:                                     LMO9OOi

        During hearings before your Committee in 1971, pursuant to Senate
  Resolution 45 which authorized investigation into the national fuels and
  energy policy, Navajo and Hopi Indian tribal members and others ques-
  tioned the equity of utility and coal companies' paymts for iniingcoal
  oi ri 1 Jgs. In a June 1972 report on problems of electrical power
  production in the Southwest, the Committee recommended that the
  Comptroller General be requested to e         
  IipLcaese 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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