110 HR 3490 RH: Tuolumne Me-Wuk Land Transfer Act of U.S. House of Representatives 2007-09-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB Union Calendar No. 379 110th CONGRESS 2d Session H. R. 3490 [Report No. 110–609] IN THE HOUSE OF REPRESENTATIVES September 6, 2007 Mr. Radanovich introduced the following bill; which was referred to the Committee on Natural Resources April 29, 2008 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on September 6, 2007 A BILL To transfer administrative jurisdiction of certain Federal lands from the Bureau of Land Management to the Bureau of Indian Affairs, to take such lands into trust for Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria, and for other purposes.
1.
Short title
This Act may be cited as the Tuolumne Me-Wuk Land Transfer Act of 2008.
2.
Findings
Congress finds that— (1)the Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria, California (referred to in this Act as the Tribe), is a federally recognized Indian tribe; (2)3 tracts of Federal lands managed by the Bureau of Land Management are adjacent to the Tuolumne Rancheria of California, a federally recognized Indian Reservation held in trust for the benefit of the Tribe; (3)one such tract is a cemetery within which are buried the remains of ancestors of the Tribe and other Indians; (4)another such tract is needed for use by the Tribe for a cultural center and other public uses of the Tribe; (5)the remaining tract is needed for use by the Tribe for agricultural, housing, and open space needs; (6)none of the foregoing 3 tracts are to be used by the Tribe for gaming purposes; (7)certain parcels of lands adjacent to the Tuolumne Rancheria were taken into trust for the benefit of the Tribe; and (8)2 parcels of fee lands owned by the Tribe and adjacent to the Tuolumne Rancheria, commonly referred to as the Thomas and Coenenburg properties, have been approved and are pending transfer into trust status by the Bureau of Indian Affairs for the benefit of the Tribe.
3.
Lands to be taken into trust
(a)
In general
(1)
Federal lands
Subject to valid existing rights, all right, title, and interest (including improvements and appurtenances) of the United States in and to the Federal lands described in subsection (b), immediately after the Secretary of the Interior has confirmed that the National Environmental Policy Act of 1969 has been complied with regarding the trust acquisition of those Federal lands, the Federal lands shall be declared to be held in trust by the United States for the benefit of the Tribe for nongaming purposes, and shall be subject to the same terms and conditions as those lands described in the California Indian Land Transfer Act of 2000 (title IX, Public Law 106–568; 114 Stat. 2868, 2921). (2)
Trust lands
Lands described in subsection (c) of this section that are taken or to be taken in trust by the United States for the benefit of the Tribe shall be subject to subsection (c) of section 903 of the California Indian Land Transfer Act of 2000. (b)
Federal lands described
The Federal lands described in this subsection, comprising approximately 66 acres, are as follows: (1)Township 1 North, Range 16 East, Section 6, Lots 10 and 12, MDM, containing 50.24 acres more or less. (2)Township 1 North, Range 16 East, Section 5, Lot 16, MDM, containing 15.35 acres more or less. (3)Township 2 North, Range 16 East, Section 32, Indian Cemetery Reservation within Lot 22, MDM, containing 0.4 acres more or less. (c)
Trust lands described
The trust lands described in this subsection, comprising approximately 357 acres, are commonly referred to as follows: (1)Thomas property, pending trust acquisition, 104.50 acres. (2)Coenenburg property, pending trust acquisition, 192.70 acres, subject to existing easements of record, including but not limited to a non-exclusive easement for ingress and egress for the benefit of adjoining property as conveyed by Easement Deed recorded July 13, 1984, in Volume 755, Pages 189 to 192, and as further defined by Stipulation and Judgment entered by Tuolumne County Superior Court on September 2, 1983, and recorded June 4, 1984, in Volume 751, Pages 61 to 67. (3)Assessor Parcel No. 620505300, 1.5 acres, trust land. (4)Assessor Parcel No. 620505400, 19.23 acres, trust land. (5)Assessor Parcel No. 620505600, 3.46 acres, trust land. (6)Assessor Parcel No. 620505700, 7.44 acres, trust land. (7)Assessor Parcel No. 620401700, 0.8 acres, trust land. (8)A portion of Assessor Parcel No. 620500200, 2.5 acres, trust land. (9)Assessor Parcel No. 620506200, 24.87 acres, trust land. (d)
Survey
As soon as practicable after the date of the enactment of this Act, the Office of Cadastral Survey of the Bureau of Land Management shall complete fieldwork required for a survey of the lands described in subsections (b) and (c) for the purpose of incorporating those lands within the boundaries of the Tuolumne Rancheria. Not later than 90 days after that fieldwork is completed, that office shall complete the survey. (e)
Legal descriptions
(1)
Publication
On approval by the Community Council of the Tribe of the survey completed under subsection (d), the Secretary of the Interior shall publish in the Federal Register— (A)a legal description of the new boundary lines of the Tuolumne Rancheria; and (B)a legal description of the land surveyed under subsection (d). (2)
Effect
Beginning on the date on which the legal descriptions are published under paragraph (1), such legal descriptions shall be the official legal descriptions of those boundary lines of the Tuolumne Rancheria and the lands surveyed.
April 29, 2008 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed