[Senate Report 118-2]
[From the U.S. Government Publishing Office]
Calendar No. 31
118th Congress } { Report
SENATE
1st Session } { 118-2
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PALA BAND OF MISSION INDIANS LAND TRANSFER ACT OF 2023
_______
March 21, 2023.--Ordered to be printed
_______
Mr. Schatz, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 277]
[Including cost estimate of the Congressional Budget Office]
The Committee on Indian Affairs, to which was referred the
bill (S. 277), 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
The purpose of S. 277 is to authorize the Secretary of the
Interior to take 721.12 acres in San Diego County, California,
into trust for the benefit of the Pala Band of Mission Indians.
BACKGROUND
Originally established through Executive Order,\1\ the
reservation for the Pala Band of Mission Indians encompasses
over 12,000 acres, including 4,000 acres of forests, six acres
of wetlands, eight acres of lake, and over 38 miles of streams
in Northern San Diego County. It is currently home to more than
900 enrolled Pala Band members belonging to the Cupeno and
Luiseno Tribes.
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\1\Exec. Order of December 27, 1875.
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In 2016, the Pala Band acquired the 721.12 acres of
property that was originally purchased by developers to create
a landfill. This property is adjacent, but not currently
located within the Tribe's existing reservation boundaries, and
includes a portion of Gregory Mountain (Chok'la), Medicine
Rock, and other places sacred to the Pala Band and other
Luiseno Tribes.
NEED FOR LEGISLATION
S. 277 ensures the Pala Band of Mission Indians will be
able to manage and steward their sacred sites and cultural
history.
LEGISLATIVE HISTORY
S. 277 was introduced by Senator Padilla (D-CA) on February
7, 2023 and referred to the Committee on Indian Affairs on the
same day. The Committee held a business meeting to consider S.
277 on February 15, 2023. The Committee ordered the bill
reported without amendment.
On January 20, 2023, Representatives Issa (R-CA) and Vargas
(D-CA) introduced H.R. 423, a bill identical to S. 277. On the
same day, the bill was referred to the House Committee on
Natural Resources. On February 6, 2023, Representative
Westerman (R-AR) successfully moved to suspend the rules and
pass the bill. The House of Representatives considered the bill
and agreed to its passage by voice vote on the same day. H.R.
423 was received in the Senate on February 7, 2023.
117th Congress. On March 17, 2021, H.R. 1975 was introduced
by Representatives Issa (R-CA) and Vargas (D-CA) and referred
to the House Committee on Natural Resources. On May 17, 2021,
H.R. 1975 was referred to the Subcommittee for Indigenous
Peoples of the United States and was discharged on October 13,
2021. On the same day, the Committee ordered the bill reported
by unanimous consent; the Committee reported the bill favorably
on November 2, 2021. On November 1, 2021 Rep. Leger Fernandez
(D-NM) moved to suspend the rules and pass the bill; the House
passed H.R. 1975 on November 2, 2021 by a vote of 397-25.
H.R. 1975 was received in the Senate on November 3, 2021
and referred to the Committee on Indian Affairs the same day.
The Committee held a hearing on H.R. 1975 on November 17, 2021,
during which the Department of the Interior testified in
support. The Committee held a business meeting on April 6, 2022
and ordered the bill reported without amendment favorably. On
June 23, 2022, the Committee reported the bill without
amendment and H.R. 1975 was placed on the Senate calendar the
same day. No further action was taken on H.R. 1975 before the
conclusion of the 117th Congress.
SECTION-BY-SECTION ANALYSIS OF S. 277 AS ORDERED REPORTED
Section 1--Short title
This section sets forth the short title as the ``Pala Band
of Mission Indians Land Transfer Act of 2023.''
Section 2--Transfer of Land in Trust for the Pala Band of Mission
Indians
Subsection 2(a) sets forth the definitions to be used in
the bill.
Subsection 2(b) provides that the Tribe has 180 days to
transfer the land to the Department of the Interior and that
the Department must take those lands into trust for the benefit
of the Pala Band of Mission Indians no later than 180 days
following transfer to the Department. It also clarifies that
the land transferred to the Tribe shall be made part of its
reservation and administered in accordance with the laws and
regulations generally applicable to land held in trust by the
United States for an Indian Tribe.
Subsection 2(c) provides a description of the land to be
transferred into trust.
Subsection 2(d) clarifies that nothing in the bill shall
enlarge or impart the rights or claims of Tribe in existence
prior to the transfer, affect pre-existing water rights, or
terminate or limit access in any rights-of-way or rights-of-use
issued prior to enactment.
Subsection 2(e) prohibits gaming on the lands to be taken
into trust, either as a matter of claimed inherent authority or
under federal law.
COST AND BUDGETARY CONSIDERATIONS
March 14, 2023.
S. 277 would direct the Department of the Interior (DOI) to
take into trust approximately 720 acres of land in San Diego
County, California, owned by the Pala Band of Mission Indians.
Under the bill, DOI would hold title to that land for the
benefit of the tribe. The legislation also would prohibit
certain types of gaming on those lands. Using information from
DOI, CBO estimates that the administrative costs to implement
S. 277 would not be significant.
S. 277 would impose an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA). The bill would
prohibit state and local governments from taxing land taken
into trust for the Pala Band of Mission Indians. Information
from San Diego County about taxes and other receipts associated
with the land indicates that those forgone revenues would total
less than $13,000 annually, well below the annual
intergovernmental threshold established in UMRA ($99 million in
2023, adjusted annually for inflation).
The bill contains no private-sector mandates.
The CBO staff contact for this estimate is Julia Aman (for
federal costs) and Rachel Austin (for mandates). The estimate
was reviewed by H. Samuel Papenfuss, Deputy Director of Budget
Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
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. 277 will
have minimal impact on regulatory or paperwork requirements.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 277.
CHANGES IN EXISTING LAW
On February 9, 2023 the Committee unanimously approved a
motion to waive subsection 12 of rule XXVI of the Standing
Rules of the Senate. In the opinion of the Committee, it is
necessary to dispense with subsection 12 of rule XXVI of the
Standing Rules of the Senate to expedite the business of the
Senate.