[Senate Report 107-191]
[From the U.S. Government Publishing Office]
Calendar No. 468
107th Congress Report
SENATE
2d Session 107-191
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WASHOE INDIAN TRIBE LAND CONVEYANCE
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June 28, 2002.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 691]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 691) 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, reports favorably thereon without
amendment and recommends that the bill do pass.
PURPOSE
The purpose of S. 691 is to direct the Secretary of
Agriculture to convey certain land in the Lake Tahoe Basin
Management Unit to the Secretary of the Interior to be held in
trust for the Washoe Indian Tribe.
BACKGROUND AND NEED
S. 691 is intended to provide the Washoe Tribe of Nevada
and California access to the shore of Lake Tahoe to support
traditional and cultural uses. The Washoe Tribe's ancestral
homeland includes over 5,000 square miles in the vicinity of
the Lake Tahoe basin. 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.
The concept of providing the Washoe Tribe with access to
the shore of Lake Tahoe was ratified by a group of Federal,
State and local government leaders who gathered at a 1997
Presidential Forum to discuss the future of Lake Tahoe. Goals
and an action plan developed during the Lake Tahoe Forum became
``Presidential Forum Deliverables.'' These Deliverables include
a commitment to provide the Washoe Tribe access to the shore of
Lake Tahoe for traditional and cultural purposes.
LEGISLATIVE HISTORY
S. 691 was introduced by Senators Reid and Ensign on April
4, 2001. During the 106th Congress, a similar bill (S. 2751)
passed the Senate. The Subcommittee on Public Lands and Forests
held a hearing on S. 691 on November 27, 2001. The Committee on
Energy and Natural Resources ordered the bill favorably
reported at its business meeting on June 5, 2002.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on June 5, 2002, by a voice vote of a
quorum present, recommends that the Senate pass S. 691.
SECTION-BY-SECTION ANALYSIS
Section 1(a) contains congressional findings.
Subsection (b) lists the purposes of the Act.
Subsection (c) directs the Secretary of Agriculture,
subject to valid existing rights, an access easement and other
use limitations, to transfer 24.3 acres of lands administered
by the Forest Service within the Lake Tahoe Basin Management
unit to the Washoe Tribe.
Subsection (d) describes the access easement reserved in
subsection (c).
Subsection (e) requires the Tribe to limit the use of the
land to traditional and customary uses and to prohibit
development or commercial use of the site, including gaming.
The Tribe is also requiredto comply with environmental
requirements that are no less protective than those which apply under
the Tahoe Regional Plan. Finally, the subsection includes a reversal to
the Secretary of Agriculture if the Tribe has used the land in
violation of the restrictions listed in this Act.
The bill provides an easement to the United States over a
portion of the conveyed land for public and nonexclusive access
over a Forest Development Road. The bill also grants a
reciprocal easement to the Tribe for vehicular access along the
road for administration and safety purposes.
COST AND BUDGETARY CONSIDERATIONS
The following estimate of the costs of this measure has
been provided by the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 691, 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,
Steven M. Lieberman
(For Dan L. Crippen, Director).
Enclosures.
S. 691--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 S. 691 would have no significant impact on
the federal budget. The bill would not affect direct spending
or receipts; therefore, pay-as-you-go procedures would not
apply. S. 691 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.
S. 691 would direct the Secretary of the 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. The bill 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.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 691. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy.
Little, if any, additional paperwork would result from the
enactment of S. 691.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Forest Service at the
Subcommittee hearing follows:
Statement of Abigail Kimbell, Acting Associate Deputy Chief, Forest
Service, Department of Agriculture
Mr. Chairman and members of the subcommittee, thank you for
the opportunity to appear before you today. I am Abigail
Kimbell, Acting Associate Deputy Chief for the National Forest
System, USDA Forest Service. I am testifying today on S. 691, 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.
The Department supports and is facilitating the use by the
Washoe Tribe of their historical lands for the purposes
identified in S. 691. However, the Administration has not
completed its review of the bill. Once this review is
completed, we will provide the Committee with a formal position
on the bill. Until that time, we strongly urge deferral on
further action.
S. 691 directs the Secretary of Agriculture to convey 24.3
acres of national forest system land within the Lake Tahoe
Basin Management Unit to the Secretary of the Interior to be
held in trust for the Washoe Indian Tribe of Nevada and
California. The conveyance would be subject to a reservation of
a non-exclusive easement on a forest road to continue public
and administrative access to adjacent national forest system
land. In addition, the bill would grant vehicular access over a
forest road to the parcel by tribal members under certain
circumstances. The transfer would occur without consideration.
S. 691 limits the use of the land by the Washoe Tribe to
traditional and customary uses, prohibits permanent residential
or recreational development, prohibits commercial development,
and requires compliance with environmental standards. The bill
provides for reversion of the interest to the Secretary of
Agriculture should the tribe violate the use restrictions.
The Administration has not completed its review of S. 691.
We recognize that American Indians have special religious and
cultural ties to large areas of the Federal lands, and we
recognize moral and legal responsibilities to provide access
and use for religious and cultural purposes. These
responsibilities are addressed in several Federal laws
including the American Indian Religious Freedom Act, the
Archaeological Resources Protection Act and others.
At present, the Washoe Tribe holds a special use permit
with the Forest Service for the uses described in Section
1(b)(2). These uses have been analyzed and approved through our
special use permitting process and appear to meet the needs of
the Tribe. In addition, consideration of fair market value for
the conveyance and reversionary interests are concerns
identified by the Department in its preliminary review of this
bill. We plan to conduct a more thorough review of the language
over the next few weeks, to consult with the Department of the
Interior, and explore additional options. Once that review is
completed, we would like to work with the Committee and the
bill's sponsors to resolve concerns that our review might
identify.
Mr. Chairman, we look forward to working with you and other
members of the Committee on these important issues. This
concludes my testimony. I would be happy to answer any
questions that you may have.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by the bill S. 691, as ordered
reported.