[House Report 113-195]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-195
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TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN FEDERAL
LANDS LOCATED IN EL DORADO COUNTY, CALIFORNIA, INTO TRUST FOR THE
BENEFIT OF THE SHINGLE SPRINGS BAND OF MIWOK INDIANS, AND FOR OTHER
PURPOSES
_______
September 10, 2013.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
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Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2388]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2388) to authorize the Secretary of the Interior
to take certain Federal lands located in El Dorado County,
California, into trust for the benefit of the Shingle Springs
Band of Miwok Indians, and for other purposes, having
considered the same, report favorably thereon with amendments
and recommend that the bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. LAND INTO TRUST FOR THE SHINGLE SPRINGS BAND OF MIWOK
INDIANS.
(a) In General.--The land described in subsection (b) is hereby taken
into trust for the benefit of the Shingle Springs Band of Miwok
Indians, subject to valid existing rights and management agreements
related to easements and rights-of-way.
(b) Land Description.--The land taken into trust pursuant to
subsection (a) is the approximately 40.852 acres of Federal land under
the administrative jurisdiction of the Bureau of Land Management
identified as ``Conveyance boundary'' on the map titled ``Shingle
Springs Land Conveyance/Draft'' and dated June 7, 2012, including
improvements and appurtenances thereto.
(c) Gaming.--Class II and class III gaming under the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) shall not be permitted at any
time on the land taken into trust pursuant to subsection (a).
Amend the title so as to read:
A bill to take certain Federal lands located in El Dorado
County, California, into trust for the benefit of the Shingle
Springs Band of Miwok Indians, and for other purposes.
PURPOSE OF THE BILL
The purpose of H.R. 2388, as ordered reported, is to take
certain Federal lands located in El Dorado County, California,
into trust for the benefit of the Shingle Springs Band of Miwok
Indians.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2388 will place approximately 40 acres of Bureau of
Land Management-managed lands adjacent to the Shingle Springs
Rancheria in California into trust for the benefit of the
Shingle Springs Band of Miwok Indians. No class II and class
III gaming under the Indian Gaming Regulatory Act could take
place on these lands.
COMMITTEE ACTION
H.R. 2388 was introduced on June 14, 2013, by Congressman
Tom McClintock (R-CA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittees on Indian and Alaska Native Affairs and Public
Lands and Environmental Regulation. On July 23, 2013, the
Subcommittee on Indian and Alaska Native Affairs held a hearing
on the bill. On July 31, 2013, the full Natural Resources
Committee met to consider the bill. The Subcommittees on Indian
and Alaska Native Affairs and Public Lands and Environmental
Regulation were discharged by unanimous consent. Congressman
McClintock offered an amendment designated _048 to the bill;
the amendment was adopted by unanimous consent. No further
amendments were offered, and the bill, as amended, was then
adopted and ordered favorably reported to the House of
Representatives 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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:
H.R. 2388--A bill to authorize the Secretary of the Interior to take
certain Federal lands located in El Dorado County, California,
into trust for the benefit of the Shingle Springs Band of Miwok
Indians, and for other purposes
H.R. 2388 would take about 40 acres of federal land in El
Dorado County, California, into trust for the benefit of the
Shingle Springs Band of Miwok Indians. Based on information
provided by the Department of the Interior, CBO estimates that
implementing H.R. 2388 would have no significant impact on the
federal budget because the cost of administering the lands
would not change significantly. Enacting H.R. 2388 would not
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 2388 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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. Based on
information provided by the Department of the Interior, CBO
estimates that implementing H.R. 2388 would have no significant
impact on the federal budget because the cost of administering
the lands would not change significantly.
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, as ordered reported, is to take certain
Federal lands located in El Dorado County, California, into
trust for the benefit of the Shingle Springs Band of Miwok
Indians.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.