[House Report 110-609]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-609
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TUOLUMNE ME-WUK LAND TRANSFER ACT OF 2008
_______
April 29, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 3490]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred the
bill (H.R. 3490) to transfer administrative jurisdiction of
certain Federal lands from the Bureau of Land Management to the
Bureau of Indian Affairs, to take such lands into trust for the
Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria, and
for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuolumne Me-Wuk Land Transfer Act of
2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Tuolumne Band of Me-Wuk Indians of the Tuolumne
Rancheria, California (referred to in this Act as the
``Tribe''), is a federally recognized Indian tribe;
(2) 3 tracts of Federal lands managed by the Bureau of Land
Management are adjacent to the Tuolumne Rancheria of
California, a federally recognized Indian Reservation held in
trust for the benefit of the Tribe;
(3) one such tract is a cemetery within which are buried the
remains of ancestors of the Tribe and other Indians;
(4) another such tract is needed for use by the Tribe for a
cultural center and other public uses of the Tribe;
(5) the remaining tract is needed for use by the Tribe for
agricultural, housing, and open space needs;
(6) none of the foregoing 3 tracts are to be used by the
Tribe for gaming purposes;
(7) certain parcels of lands adjacent to the Tuolumne
Rancheria were taken into trust for the benefit of the Tribe;
and
(8) 2 parcels of fee lands owned by the Tribe and adjacent to
the Tuolumne Rancheria, commonly referred to as the ``Thomas
and Coenenburg properties'', have been approved and are pending
transfer into trust status by the Bureau of Indian Affairs for
the benefit of the Tribe.
SEC. 3. LANDS TO BE TAKEN INTO TRUST.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal lands
described in subsection (b), immediately after the Secretary of
the Interior has confirmed that the National Environmental
Policy Act of 1969 has been complied with regarding the trust
acquisition of those Federal lands, the Federal lands shall be
declared to be held in trust by the United States for the
benefit of the Tribe for nongaming purposes, and shall be
subject to the same terms and conditions as those lands
described in the California Indian Land Transfer Act of 2000
(title IX, Public Law 106-568; 114 Stat. 2868, 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United
States for the benefit of the Tribe shall be subject to
subsection (c) of section 903 of the California Indian Land
Transfer Act of 2000.
(b) Federal Lands Described.--The Federal lands described in this
subsection, comprising approximately 66 acres, are as follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and
12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM,
containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
more or less.
(c) Trust Lands Described.--The trust lands described in this
subsection, comprising approximately 357 acres, are commonly referred
to as follows:
(1) Thomas property, pending trust acquisition, 104.50 acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and egress
for the benefit of adjoining property as conveyed by Easement
Deed recorded July 13, 1984, in Volume 755, Pages 189 to 192,
and as further defined by Stipulation and Judgment entered by
Tuolumne County Superior Court on September 2, 1983, and
recorded June 4, 1984, in Volume 751, Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the enactment
of this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall complete fieldwork required for a survey of the lands
described in subsections (b) and (c) for the purpose of incorporating
those lands within the boundaries of the Tuolumne Rancheria. Not later
than 90 days after that fieldwork is completed, that office shall
complete the survey.
(e) Legal Descriptions.--
(1) Publication.--On approval by the Community Council of the
Tribe of the survey completed under subsection (d), the
Secretary of the Interior shall publish in the Federal
Register--
(A) a legal description of the new boundary lines of
the Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of those
boundary lines of the Tuolumne Rancheria and the lands
surveyed.
PURPOSE OF THE BILL
The purpose of H.R. 3490, as ordered reported, is to
transfer administrative jurisdiction of certain federal lands
from the Bureau of Land Management to the Bureau of Indian
Affairs, to take such lands into trust for the Tuolumne Band of
Me-Wuk Indians of the Tuolumne Rancheria, and for other
purposes.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 3490 would transfer approximately 66 acres of land
from the Bureau of Land Management (BLM) to the Bureau of
Indian Affairs (BIA) to be held in trust for the Tuolumne Band
of Me-Wuk Indians of the Tuolumne Rancheria (Tribe). No gaming
may be conducted on this land. In addition, approximately 357
acres of land will be deemed to be within the Tribe's
reservation boundaries. The 357 acres is not being placed into
trust by this legislation, as some of the land is already in
trust for the Tribe and the remaining land is included in a
pending fee to trust application before the BIA.
Located in the foothills of the Sierra Nevada, the Tuolumne
Band of Me-Wuk Indians of the Tuolumne Rancheria (Tribe)
resides approximately two hours east of Sacramento and one hour
north of Yosemite National Park. Land was first acquired for
the Tribe on October 25, 1910, pursuant to the Acts of June 21,
1906 and April 30, 1908. Executive Order 1517, dated April 13,
1912, set aside more land for the Tribe. Approximately 150 of
the 400 tribal members live on the reservation in approximately
64 homes. Many of these homes are overcrowded, which is one of
the reasons that this legislation was introduced. Deeming the
additional land as part of the reservation will allow the Tribe
to have access to various federal programs that authorize funds
for projects located on-reservation.
The BLM land transferred in H.R. 3490 consists of three
tracts and is adjacent to land held in trust for the Tribe or
that is owned in fee by the Tribe (and part of the pending fee
to trust application). One tract contains a cemetery where the
Tribe has historically buried its ancestors and which will
continue to be used as a cemetery, another tract would be used
for a cultural center and other public uses, and the last tract
would be used to satisfy agricultural, housing, and open space
needs.
Approximately 60 acres of the other 357 acres that will be
included in the reservation boundaries are already held in
trust for the Tribe. The Tribe has submitted a land into trust
application for the remaining 297 acres. This application has
been approved by the Secretary of the Interior, but the
decision is being challenged by a local resident because a
right-of-way was erroneously excluded. As a result, the appeal
is pending before the Interior Board of Indian Appeals. This
legislation is not intended to interfere with that appeal. The
land that is part of the pending application is zoned as
residential and the Tribe intends to use the land for housing
purposes. Although a resident is challenging the fee to trust
application, the Board of Supervisors for the County of
Tuolumne supports this legislation as does the Tuolumne Fire
Protection District.
California Indian Land Transfer Act, P.L. 106-568
In 2000, approximately 3,525.8 acres of land were placed
into trust for the benefit of various Indian tribes located in
California. Gaming was explicitly prohibited on these lands
under subsection (a) of that Act. In addition, subsection
903(c) of the California Indian Land Transfer Act provides that
the lands that were transferred as part of that Act will be
subject to the same laws relating to Indian land in the same
manner as other lands held in trust for the Tribe.
H.R. 3490 prohibits gaming on the BLM land being
transferred pursuant to this Act by subjecting the lands to
subsection (a) of the California Indian Land Transfer Act. Both
the BLM land and the 357 acres are subject to subsection 903(c)
of the California Indian Land Transfer Act. Consequently, the
land will be subject to the same laws relating to Indian land
in the same manner as other lands currently held in trust for
the Tribe.
Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq.
Enacted in 1988, the Indian Gaming Regulatory Act (IGRA)
sets forth the regulatory framework for Indian gaming. It
defines three classes of gaming (Class I, II, & III) and
specifies the corresponding regulatory scheme for each class.
IGRA also establishes the National Indian Gaming Commission
(Commission) and specifies the powers and duties of the
Commission.
Under IGRA, gaming may not be conducted on Indian lands
placed into trust for a tribe after October 17, 1988. An
exception exists, however, for land that is within or
contiguous to the boundaries of the tribe's reservation on
October 17, 1988. All of the lands mentioned in this bill are
adjacent to the Tribe's existing reservation and the
legislation deems the land to be within the Tribe's
reservation.
While gaming is explicitly prohibited on the lands being
transferred from the BLM, it is not prohibited on the
additional 357 acres. Regardless of this legislation, however,
gaming may be conducted pursuant to IGRA on the 60 acres of
land already held in trust for the tribe because they are
adjacent to the Tribe's reservation. Similarly, with or without
this legislation, gaming may be conducted pursuant to IGRA on
the lands that are part of the fee to trust application,
provided the tribe provides additional information on the
application, because they are also adjacent to the Tribe's
reservation.
The Tribe, however, does not intend to conduct gaming on
these lands as it has an existing casino that is more ideally
located and is in the process of being expanded. Finally, the
Tribe has already zoned the land for other uses, such as
housing, and has conducted an environmental review for the
alternative uses.
Executive Order reservations, 25 U.S.C. Sec. 398d
Because the Tribe's reservation was established by
Executive Order, the Secretary of the Interior does not have
the authority to change the boundaries of the reservation.
Section 398d of Title 25 of the United States Code prohibits
changes to the boundaries of a reservation created by an
Executive Order without Congressional consent. Therefore, this
legislation is necessary to have the lands deemed part of the
reservation.
COMMITTEE ACTION
H.R. 3490 was introduced by Representative George
Radanovich (R-CA), on September 6, 2007. The bill was referred
to the Committee on Natural Resources.
On April 9, 2008, the Committee conducted a legislative
hearing on H.R. 3490. The full Committee on Natural Resources
met to consider the bill on April 17, 2008. Chairman Nick J.
Rahall, II (D-WV) offered an amendment in the nature of a
substitute to clarify that the National Environmental Policy
Act would apply to the BLM land transfer and to extend the
amount of time the BLM would be required to complete a land
survey. H.R. 3490 was ordered favorably reported, as amended,
to the House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that the Act may be known as the
``Tuolumne Me-Wuk Land Transfer Act of 2008''.
Section 2. Findings
Section 2 provides the Congressional findings relevant to
the legislation including that, ``one such tract is a cemetery
within which are buried the remains of ancestors of the Tribe
and other Indians.''
Section 3. Lands to be taken into trust
Section 3(a) provides that lands to be taken into trust
will be transferred in compliance with the National
Environmental Policy Act, and subject to all valid rights,
title and interest. In addition, this section provides that
lands to be taken into trust shall be managed in compliance
with the California Indian Land Transfer Act of 2000 (Title IX,
P.L. 106-568; 114 Stat. 2868, 2921). Finally, this section
provides that gaming is prohibited on the lands to be
transferred for the benefit of the Tribe by the BLM.
Section 3(b) provides the description of the BLM lands to
be transferred and held in trust for the benefit of the Tribe.
Section 3(c) provides the description of the lands to be
made a part of the Tuolumne Rancheria.
Section 3(d) provides that a survey of the lands addressed
in this legislation be surveyed by the Office of Cadastral
Survey of the BLM.
Section 3(e) provides for the publication, after approval
of the tribal council, of the legal description of the lands
surveyed and the new boundaries of the Tuolumne Rancheria. In
addition, this section provides for the effective date of the
new boundary lines of the Tuolumne Rancheria.
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 Natural 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
1. 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.
2. 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.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to transfer administrative
jurisdiction of certain federal lands from the Bureau of Land
Management to the Bureau of Indian Affairs, to take such lands
into trust for Tuolumne Band of Me-Wuk Indians of the Tuolumne
Rancheria.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule stXIII 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:
H.R. 3490--Tuolumne Me-Wuk Land Transfer Act of 2008
CBO estimates that implementing H.R. 3490 would cost less
than $500,000 over the 2009-2013 period, subject to the
availability of appropriated funds. Enacting H.R. 3490 would
not affect direct spending or revenues.
H.R. 3490 contains no private-sector or intergovernmental
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
H.R. 3490 would transfer 66 acres of land, currently
administered by the Bureau of Land Management (BLM), to the
Bureau of Indian Affairs (BIA) to be held in trust for the
Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria in
California. According to information from the tribe, those
lands would be used primarily for a cultural center and for
housing and agricultural needs. The bill also would extend the
boundaries of the tribe's reservation to include the conveyed
BLM lands and other tribal-owned lands, provided that BLM
completes a survey of certain land and that other conditions
specified in the bill are met. Based on information from BIA
and BLM, we estimate that federal spending to transfer the
lands into trust and complete a land survey would cost less
than $500,000 over the 2009-2013 period, assuming the
availability of appropriated funds.
In addition, according to the Department of the Interior,
the BLM lands currently generate no receipts from mineral
leasing or other activities and are not expected to do so
during the next 10 years. Therefore, CBO estimates that
conveying the land would not affect offsetting receipts (a
credit against direct spending).
The CBO staff contact for this estimate is Leigh Angres.
The estimate was approved by Theresa Gullo, Deputy Asstant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 3490 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.