[House Report 107-664]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 107-664
======================================================================
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
_______
September 19, 2002.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hansen, from the Committee on Resources, submitted the following
R E P O R T
[To accompany S. 691]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom 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, report favorably thereon without amendment and recommend
that the bill do pass.
PURPOSE OF THE BILL
The purpose of S. 691 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
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.
COMMITTEE ACTION
S. 691 was introduced on April 4, 2001, by Senator Harry
Reid (D-NV). The bill passed the Senate by unanimous consent on
August 1, 2002. S. 691 was referred to the House Committee on
Resources. On September 12, 2002, the Full Resources Committee
met to consider the bill. No amendments were offered and the
bill was 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 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. 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.
4. 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, September 17, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 691, an act 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,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 691--An act 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 legislation 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. S. 691 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.
On June 11, 2002, CBO transmitted a cost estimate for S.
691 as ordered reported by the Senate Committee on Energy and
Natural Resources on June 5, 2002. The two versions of the
legislation are identical, and our cost estimates are the same.
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.