[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3490 Reported in Senate (RS)]






                                                      Calendar No. 1024
110th CONGRESS
  2d Session
                                H. R. 3490


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2008

    Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                           September 16, 2008

               Reported by Mr. Bingaman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tuolumne Me-Wuk Land Transfer Act of 
2008''.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) one such tract is a cemetery within which are 
        buried the remains of ancestors of the Tribe and other 
        Indians;</DELETED>
        <DELETED>    (4) another such tract is needed for use by the 
        Tribe for a cultural center and other public uses of the 
        Tribe;</DELETED>
        <DELETED>    (5) the remaining tract is needed for use by the 
        Tribe for agricultural, housing, and open space 
        needs;</DELETED>
        <DELETED>    (6) none of the foregoing 3 tracts are to be used 
        by the Tribe for gaming purposes;</DELETED>
        <DELETED>    (7) certain parcels of lands adjacent to the 
        Tuolumne Rancheria were taken into trust for the benefit of the 
        Tribe; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. LANDS TO BE TAKEN INTO TRUST.</DELETED>

SEC. 2. LAND 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 <DELETED>(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</DELETED> 
        (b), 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 <DELETED>in the California Indian Land 
        Transfer Act of 2000 (title IX, Public Law 106-568; 114 Stat. 
        2868, 2921).</DELETED> in the California Indian Land Transfer 
        Act (Public Law 106-568; 114 Stat. 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 <DELETED>of 2000</DELETED> (Public Law 106-568; 
        114 Stat. 2921).
    (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.
                                                      Calendar No. 1024

110th CONGRESS

  2d Session

                               H. R. 3490

_______________________________________________________________________

                                 AN ACT

 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.

_______________________________________________________________________

                           September 16, 2008

                        Reported with amendments