[House Report 108-185]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-185
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TO DIRECT THE SECRETARY OF AGRICULTURE TO CONVEY CERTAIN LAND IN THE
LAKE TAHOE BASIN MANAGEMENT UNIT, NEVADA, TO THE SECRETARY OF THE
INTERIOR, IN TRUST FOR THE WASHOE INDIAN TRIBE OF NEVADA AND CALIFORNIA
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June 26, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
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Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 74]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 74) to direct the Secretary of Agriculture to convey
certain land in the Lake Tahoe Basin Management Unit, Nevada,
to the Secretary of the Interior, in trust for the Washoe
Indian Tribe of Nevada and California, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 74 is to direct the Secretary of
Agriculture to convey certain land in the Lake Tahoe Basin
Management Unit, Nevada, to the Secretary of the Interior, in
trust for the Washoe Indian Tribe of Nevada and California.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 74 conveys for no consideration a 24.3-acre parcel of
National Forest System land in the Lake Tahoe Basin Management
Unit to the Secretary of the Interior in trust for the Washoe
Tribe of Nevada and California. Use of the land, located on the
shore of Lake Tahoe (Nevada), would be restricted to
traditional and customary uses of the Tribe.
The concept of transferring land on Lake Tahoe for the
Tribe's cultural purposes was ratified by a group of Federal,
State, and local government leaders in 1997. The Tribe's
ancestral homeland includes a 5,000-square-mile area in and
around the Lake Tahoe Basin, but it currently owns no land in
the Lake Tahoe Basin Management Unit. The Tribe historically
gathered along the shore of Lake Tahoe for activities such as
spiritual renewal, land stewardship, traditional learning, and
reunification of tribal and family bonds.
Under this bill, permanent residential or recreational
development or commercial use of the land is forbidden.
Violation of this condition results in a reversion of the
parcel to the Secretary of Agriculture.
H.R. 74 reserves to the United States an easement on the
parcel for public and administrative access to adjacent
National Forest lands. The Tribe receives a reciprocal easement
permitting vehicular access to the parcel over a forest
development road for safety and administrative purposes, and to
assist tribal members who could not easily gain access to their
land by foot.
H.R. 74 does not affect current law. Similar or identical
bills were passed in the 106th Congress. In the 107th Congress,
Senate hearings were held on identical legislation, which was
passed by the Senate and then reported by the House Resources
Committee. No further action occurred.
COMMITTEE ACTION
H.R. 74 was introduced on January 7, 2003, by Congressman
Jim Gibbons (R-NV). The bill was referred to the Committee on
Resources. On June 11, 2003, the Full Resources Committee met
to consider the bill. H.R. 74 was ordered favorably reported to
the House of Representatives, without amendment, by unanimous
consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
Congressional Budget Act. As required by clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 16, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources, House of Representatives, Washington,
DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 74, a bill to
direct the Secretary of Agriculture to convey certain land in
the Lake Tahoe Basin Management Unit, Nevada, to the Secretary
of the Interior, in trust for the Washoe Indian Tribe of Nevada
and California.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 74--A bill to direct the Secretary of Agriculture to convey
certain land in the Lake Tahoe Basin Management Unit, Nevada,
to the Secretary of the Interior, in trust for the Washoe
Indian Tribe of Nevada and California
Based on information from the Forest Service, CBO estimates
that implementing H.R. 74 would have no significant impact on
the Federal budget. The legislation would not affect direct
spending or revenues. H.R. 74 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on State, local, or tribal
governments.
H.R. 74 would direct the Secretary of Agriculture to
convey, without consideration, about 24 acres of national
forest system land within the Lake Tahoe Basin Management Unit
to the Secretary of the Interior, to be taken into trust on
behalf of the Washoe Indian Tribe of Nevada and California.
According to the Forest Service, the lands to be conveyed
currently generate no receipts and are not expected to over the
next 10 years. The Secretary of Agriculture would retain an
easement to provide for access to Federal lands adjacent to
those that would be conveyed. H.R. 74 outlines conditions for
the tribe's use of the conveyed lands and specifies that
ownership of the lands would revert back to the Secretary of
Agriculture if the tribe violates those conditions.
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.