49–010 

Calendar No. 539 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–271 

TO REPEAL THE ACT OF MAY 31, 1918 

NOVEMBER 13, 2014.—Ordered to be printed 

Mr. TESTER, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 2041] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 2041) to repeal the Act of May 31, 1918, and for other purposes, 

having considered the same, reports favorably thereon with an 

amendment and recommends that the bill, as amended, do pass. 

PURPOSE

This legislation, S. 2041 would repeal the Act of May 31, 1918 

(1918 Act), which reserved a tract of land within the Fort Hall Reservation in Idaho for townsite purposes, and provide the ShoshoneBannock Tribes of the Fort Hall Reservation the right of first refusal for any future sales of land within the townsite. 

BACKGROUND

The Fort Hall Reservation in southeastern Idaho was established 

for the Shoshone-Bannock Tribes by Executive Order in 1867 and 

was affirmed the following year by the Fort Bridger Treaty. Originally, the Reservation consisted of 1.8 million acres, but due to subsequent legislative acts (including the Dawes Act), the reservation 

is now 544,000 acres. The Tribes have been successful in the reacquisition of land within the Reservation’s boundaries; currently, 

97% of the Reservation is owned by the Tribes or held in trust for 

the Tribes or individual tribal members. 

The May 31, 1918 Act (40 Stat. 592) authorizes the Secretary of 

the Interior to reserve for a townsite a tract of land within the Fort 

Hall Reservation. The 1918 Act further allows for patents to be 

issued for school, park, and other public purposes for the municipality in charge of caring for and maintaining the land as long as 


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Indian children are permitted to attend the public schools established in that town. The 1918 Act further authorizes the Secretary 

to cause lots within the designated townsite to be appraised and 

disposed of, with the proceeds to be deposited into the Treasury for 

the benefit of the Fort Hall Indians. 

By repealing the 1918 Act, former tribal land within the Reservation’s boundaries would once again be available to the ShoshoneBannock Tribes and the Secretary would be prevented from setting 

aside additional land within the designated townsite area. In order 

to promote tribal restoration of homelands, this legislation would 

also provide the Tribes with a right of first refusal to purchase any 

tracts of land within the existing townsite offered for sale. This 

preserves current landowners’ rights, as it does not interfere with 

their use or ownership of the land in any way. 

NEED FOR LEGISLATION

Legislation is required to repeal a past act of Congress and to 

provide the Shoshone-Bannock Tribes with a right of first refusal 

for any land sales within the townsite. 

LEGISLATIVE HISTORY

The bill was introduced by Senator Mike Crapo (R–ID) on February 25, 2014, with Senator Risch as an original cosponsor. The 

bill was referred to the Committee on Indian Affairs. On May 7, 

2014, the Committee held a hearing on the bill. On June 11, 2014, 

the Committee met at a business meeting to consider the bill. Senator Crapo offered one amendment and the amendment was adopted. The bill, as amended, was then ordered to be reported favorably 

to the Senate by voice vote. 

On July 9, 2014, Representative Michael Simpson (R–ID) introduced a companion bill in the House of Representatives, H.R. 5050. 

The legislation is identical to S. 2041, as reported out by the Committee. The bill was referred to the House Committee on Natural 

Resources Subcommittee on Indian and Alaska Native Affairs. On 

July 29, 2014, the Subcommittee held a hearing on the bill. On 

September 18, 2014, the Subcommittee discharged the bill, and the 

bill was considered at a business meeting by the full Committee, 

where it was ordered to be reported favorably to the House by 

unanimous consent. 

SUMMARY OF THE AMENDMENT

Senator Crapo filed an amendment in the nature of a substitute 

at the June 11, 2014, business meeting. The amendment clarified 

that the land to be held in trust pursuant to S. 2041 is limited to 

those lands located within the Fort Hall townsite that are owned 

or acquired by the Tribes or individual tribal members. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title 

The Act may be cited as the ‘‘May 31, 1918 Act Repeal Act.’’ 

Section 2. Definitions 

This section provides the definitions for terms within the Act. 


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Section 3. Repeal 

Makes effective the repeal of the May 31, 1918 Act. 

Section 4. Right of first refusal 

Determines that the Tribes shall have the exclusive right of first 

refusal to purchase at fair market value any land set aside or apart 

under the 1918 Act and offered for sale. This section further provides that the United States shall hold in trust any land located 

within the Fort Hall townsite that is owned or acquired by the 

Tribes or a member of the Tribes before or after the enactment of 

this Act. 

Section 5. Effect 

Clarifies that nothing within this Act affects any valid right to 

land that had been set aside or set apart under the 1918 Act. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office on September 23, 2014, was prepared for S. 2041. 

SEPTEMBER 23, 2014. 

Hon. JON TESTER, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2041, the May 31, 1918, Act 

Repeal Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Martin von Gnechten. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

Summary: S. 2041 would repeal the authority for the Department of the Interior (DOI) to reserve land for a town site within 

the Fort Hall Indian Reservation in Idaho for the benefit of the 

Shoshone-Bannock Tribes. The bill would give the tribes the right 

of first refusal to purchase the land that is currently reserved and 

would authorize DOI to take approximately 111 acres of land into 

trust for the benefit of the tribes. 

Estimated cost to the Federal Government: CBO estimates that 

implementing S. 2041 would have no significant effect on the federal budget. None of this land is federally owned and the cost to 

hold it in trust for the tribes would be minimal. Enacting the bill 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

Pay-As-You-Go considerations: None. 

Estimated impact on state, local, and tribal governments: None. 

Estimated impact on the private sector: This bill, S. 2041, contains no intergovernmental or private-sector mandates as defined 

in the Unfunded Mandates Reform Act. 

Estimate prepared by: Martin von Gnechten. 

Estimate approved by: Peter H. Fontaine, Assistant Director for 

Budget Analysis. 


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REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill to evaluate the 

regulatory and paperwork impact that would be incurred in carrying out the bill. The Committee believes that S. 2041 will have 

a minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 2041. 

CHANGES IN EXISTING LAW

If enacted, this bill would repeal 40 Stat. 592. 

Æ 


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