[House Report 117-163]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-163
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PALA BAND OF MISSION INDIANS LAND TRANSFER ACT OF 2021
_______
November 1, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1975]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1975) to take certain land located in San Diego
County, California, into trust for the benefit of the Pala Band
of Mission Indians, and for other purposes, having considered
the same, reports favorably thereon without amendment and
recommends that the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 1975 is to take certain land located in
San Diego County, California, into trust for the benefit of the
Pala Band of Mission Indians.
BACKGROUND AND NEED FOR LEGISLATION
The Pala Band of Mission Indians is located in northern San
Diego County on a reservation home to 918 enrolled members. The
rancheria encompasses over 12,000 acres, including 4,000 acres
of forests, 6 acres of wetlands, 8 acres of lake, and over 38
miles of streams. Members of the Pala Band belong to the Cupeno
and Luiseno tribes, who were forced together by Spanish
Franciscan missionaries during the 1800s.
The Pala Band recently purchased property that includes the
remaining portion of Gregory Mountain that is not on the
existing Pala Reservation and other sacred and culturally
significant sites in Gregory Canyon. The land was purchased to
protect and preserve Gregory Mountain (Chokla), Medicine Rock,
and other sites considered sacred by Luiseno Tribes.
H.R. 1975 takes the purchased 721.12 acres into trust for
the benefit of the Pala Band, ensuring that the sacred sites
and cultural history will be appropriately honored and
safeguarded. The bill also stipulates that current land and
water rights are not affected by its enactment, nor are any
rights-of-way or rights-of-use currently permitted. Lastly, the
Pala Band may not conduct any gaming activities on the land.
COMMITTEE ACTION
H.R. 1975 was introduced on March 17, 2021, by
Representative Darrell Issa (R-CA). The bill was referred
solely to the Committee on Natural Resources, and within the
Committee to the Subcommittee for Indigenous Peoples of the
United States. On October 13, 2021, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered.
The bill was adopted and ordered favorably reported to the
House of Representatives by unanimous consent.
HEARINGS
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
full Committee markup held on October 13, 2021.
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 AND CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of 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 and with respect to
requirements of clause (3)(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Committee adopts
as its own cost estimate the forthcoming cost estimate of the
Director of the Congressional Budget Office, should such cost
estimate be made available before House passage of the bill.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
The Committee notes that CBO's analysis of H.R. 1031
(116th), last Congress's version of the legislation, is
available and shows the bill as having no effect on direct
spending and no effect on revenues.\1\
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\1\https://www.cbo.gov/system/files/2020-11/hr1031.pdf.
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Congressional Budget Office staff have informed the
Committee on a preliminary, informal, nonbinding basis that the
bill will likely have no direct spending or revenue effects,
and that the bill would increase discretionary costs by an
insignificant amount over the 2022-2026 period.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are to take certain land located in San
Diego County, California, into trust for the benefit of the
Pala Band of Mission 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.
UNFUNDED MANDATES REFORM ACT STATEMENT
An estimate of Federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee.
The Committee notes that CBO's analysis of H.R. 1031
(116th), last Congress's version of the legislation, is
available\2\ and shows the bill as not creating a private-
sector mandate for purposes of UMRA. The analysis states that
H.R. 1031 (116th) would have imposed an intergovernmental
mandate as defined in UMRA, but below the statutory threshold.
Per CBO: ``The bill would prohibit state and local governments
from taxing land taken into trust for the Pala Band of Mission
Indians. Based on information from San Diego County, the
taxable value of the land that would be placed into trust is
approximately $2.3 million. That taxable value indicates that
foregone property tax and fee revenues would fall significantly
below the annual threshold established in UMRA ($84 million in
2020, adjusted annually for inflation).''\3\
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EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
SUPPLEMENTAL, MINORITY, ADDITIONAL, OR DISSENTING VIEWS
None.
[all]