[Senate Report 114-203]
[From the U.S. Government Publishing Office]
Calendar No. 347
114th Congress } { Report
SENATE
2d Session } { 114-203
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TO TAKE CERTAIN FEDERAL LAND LOCATED IN TUOLUMNE COUNTY, CALIFORNIA,
INTO TRUST FOR THE BENEFIT OF THE TUOLUMNE BAND OF ME-WUK INDIANS, AND
FOR OTHER PURPOSES
_______
January 12, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Senate Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1822]
The Committee on Indian Affairs, to which was referred the
bill (S. 1822) to take certain Federal land located in Tuolumne
County, California, into trust for the benefit of the Tuolumne
Band of Me-Wuk Indians, and for other purposes, having
considered the same, reports favorably with an amendment, and
recommends that the bill do pass.
PURPOSE
The purpose of S. 1822 is to transfer approximately 80
acres of land under the administrative jurisdiction of the
United States Forest Service into trust for the Tuolumne Band
of Me-Wuk Indians.
NEED FOR LEGISLATION
The bill, S. 1822, is needed to transfer Federal land under
the administration of the United States Forest Service to the
Department of the Interior (DOI) in order for the land to be
placed into trust for the Tuolumne Band of Me-Wuk Indians.
After the land is taken into trust, the tribe plans to use the
land to conduct fuel reduction activities.
BACKGROUND
The Tuolumne Band of Me-Wuk Indians is a federally
recognized Indian tribe. The tribe's constitution and bylaws
are organized under the Indian Reorganization Act (IRA)\1\ and
were approved on January 15, 1936.\2\
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\1\25 U.S.C. 465 et seq.
\2\Constitution and Bylaws for the Tuolumne Band of We-Wuk Indians
of the Tuolumne Rancheria, California. Department of Interior, Office
of Indian Affairs, (Jan. 15, 1936).
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On October 25, 1910, the original Tuolumne Rancheria was
approximately 289 acres and was purchased under the Act of June
21, 1906.\3\ On April 13, 1912, approximately an additional 33
acres of land were set aside for the Tuolumne Band by an
Executive Order.\4\
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\3\Public Law 59-257, 34 Stat. 333.
\4\Executive Order by William H. Taft. (April 13, 1912).
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This bill would transfer two 40-acre parcels of land
located in Tuolumne County from the U.S. Forest Service (USFS)
to the Department of the Interior to be put into trust for the
Tuolumne Band of Me-Wuk Indians. The two parcels of land are
located 7 miles from the tribe's current reservation. It is
contiguous with a ranch owned in fee simple by the tribe and a
ranch owned by a private non-Indian owner.
Under the bill, the land would not be eligible for Class II
or Class III gaming under the Indian Gaming Regulatory Act.\5\
In 2015, Tuolumne County Board of Supervisors wrote a letter of
support for legislation to complete the land transfer, and on
June 12, 2015, the private ranch owner wrote a letter to
support the land transfer to the tribe.
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\5\25 U.S.C. 2701 et seq.
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LEGISLATIVE HISTORY
On July 21, 2015, Senator Boxer introduced S. 1822. Senator
Feinstein is a cosponsor. The Senate Committee on Indian
Affairs held a legislative hearing on the bill on October 7,
2015, at which the Associate Deputy Chief of the USFS testified
that the USFS did not oppose the bill. On October 21, 2015, the
Committee held a duly called business meeting to consider the
bill. An amendment was offered, and the bill, as amended, was
passed by voice vote. The amendment would clarify the legal
descriptions at the request of the USFS.
An identical companion bill, H.R. 3079, was introduced in
the House on July 15, 2015 by Representative McClintock. On
August 4, 2015, the bill was referred to the Subcommittee on
Indian, Insular and Alaska Native Affairs of the House Natural
Resources Committee. The subcommittee held a hearing on the
bill on November 4, 2015.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Section 1--Land into Trust
Section 1 (a) states that the United States shall hold in
trust the land described in subsection (b) for the benefit of
the Tuolumne Band of Me-Wuk Indians for nongaming purposes.
Section 1 (b) provides the land descriptions for 80 acres
of Federal land under the administrative jurisdiction of the
United States Forest Service located in Tuolumne County,
California. The 80-acre land total is divided into two 40-acre
parcels.
Section 1 (c) prohibits Class II or Class III gaming under
the Indian Gaming Regulatory Act\6\ from being conducted on the
land to be taken into trust under this bill.
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\6\25 U.S.C. 2701 et seq.
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COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated November 4, 2015, was
prepared for S. 1822:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 4, 2015.
Hon. John Barrasso,
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. 1822, a bill to take
certain federal land located in Tuolumne County, California,
into trust for the benefit of the Tuolumne Band of Me-Wuk
Indians, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
S. 1822--To take certain Federal land located in Tuolumne County,
California, into trust for the benefit of the Tuolumne Band of
Me-Wuk Indians, and for other purposes
S. 1822 would take into trust, for the benefit of the
Tuolumne Band of Me-Wuk Indians, approximately 80 acres of land
located in Tuolumne County, California, that is administered by
the United States Forest Service. The bill would prohibit
certain types of gaming on those lands.
CBO estimates that enacting S. 1822 would have no
significant effect on the federal budget. We estimate that any
change in federal costs to manage lands affected by the bill
(which would be subject to appropriation) would be
insignificant. Under current law, CBO expects that the affected
lands could generate income from grazing permits; thus, CBO
estimates that taking those lands into trust could reduce
offsetting receipts which are certain collections that are
treated as reductions in outlays. Because the bill could
increase direct spending, pay-as-you-go procedures apply;
however, based on information from the Forest Service, CBO
estimates that any such effects would be negligible. Enacting
S. 1822 would not affect revenues.
CBO estimates that enacting S. 1822 would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the next four consecutive 10-year periods beginning
in 2026.
S. 1822 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 1822.
REGULATORY AND PAPERWORK IMPACT STATEMENT
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires 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. 1822 will
have a minimal impact on regulatory or paperwork requirements.
CHANGES IN EXISTING LAW (CORDON RULE)
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, there are no changes to existing
law made by S. 1822, as ordered reported.
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