[Congressional Record Volume 142, Number 123 (Tuesday, September 10, 1996)]
[House]
[Pages H10144-H10145]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  CALIFORNIA INDIAN LAND TRANSFER ACT

  Mr. GALLEGLY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3642) to provide for the transfer of public lands to certain 
California Indian Tribes.

[[Page H10145]]

  The Clerk read as follows:

                               H.R. 3642

       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 ``California Indian Land 
     Transfer Act''.

     SEC. 2. LANDS HELD IN TRUST FOR VARIOUS TRIBES OF CALIFORNIA 
                   INDIANS.

       (a) In General.--Subject to section 3, all right, title, 
     and interest of the United States in and to the lands 
     described in subsection (b) in connection with each tribe, 
     band, or group of California Indians listed in such 
     subsection (including all improvements on such lands and 
     appurtenances to such lands) are hereby declared to be held 
     in trust status by the United States for the benefit of such 
     tribe, band, or group.
       (b) Lands Described.--The lands described in this 
     subsection, comprising approximately 1,144.23 acres, and the 
     related tribe, band, or group, are as follows:
       (1) Pit river tribe.--Lands with respect to the Pit River 
     Tribe; 560 acres located as follows:
       Township 42 North, Range 13 East, Mount Diablo Base and 
     Meridian
       Section 3:
       S\1/2\ of NW\1/4\, NW\1/4\ of NW\1/4\, 120 acres.
       Township 43 North, Range 13 East
       Section 1:
       N\1/2\ of NE\1/4\, 80 acres,
       Section 22:
       SE\1/4\ of SE\1/4\, 40 acres,
       Section 25:
       SE\1/4\ of NW\1/4\, 40 acres,
       Section 26:
       SW\1/4\ of SE\1/4\, 40 acres,
       Section 27:
       SE\1/4\ of NW\1/4\, 40 acres,
       Section 28:
       NE\1/4\ of SW\1/4\, 40 acres,
       Section 32:
       SE\1/4\ of SE\1/4\, 40 acres,
       Section 34:
       SE\1/4\ of NW\1/4\, 40 acres,
       Township 44 North, Range 14 East, Mount Diablo Base and 
     Meridian
       Section 31:
       S\1/2\ of SW\1/4\, 80 acres.
       (2) Bridgeport paiute indian colony.--Lands with respect to 
     the Bridgeport Paiute Indian Colony; 40 acres located as 
     follows:
       Township 5 North, Range 25 East, Mount Diablo Base and 
     Meridian
       Section 28:
       SW\1/4\ of NE\1/4\.
       (3) Utu utu gwaitu paiute tribe.--Lands with respect to Utu 
     Utu Gwaitu Paiute Tribe, Benton Paiute Reservation; 240 acres 
     located as follows:
       Township 2 South, Range 31 East, Mount Diablo Base and 
     Meridian
       Section 11:
       SE\1/4\ and E\1/2\ of SW\1/4\.
       (4) Fort independence community of paiute indians.--Lands 
     with respect to the Fort Independence Community of Paiute 
     Indians; 200 acres located as follows:
       Township 13 South, Range 34 East, Mount Diablo Base and 
     Meridian
       Section 1:
       W\1/2\ of Lot 5 in the NE\1/4\, Lot 3, E\1/2\ of Lot 4, and 
     E\1/2\ of Lot 5 in the NW\1/4\.
       (5) Barona group of capitan grande band of mission 
     indians.--Lands with respect to the Barona Group of Capitan 
     Grande Band of Mission Indians; 5.03 acres located as 
     follows:
       Township 14 South, Range 2 East, San Bernardino Base and 
     Meridian
       Section 7, Lot 15.
       (6) Morongo band of mission indians.--Lands with respect to 
     the Morongo Band of Mission Indians; approximately 40 acres 
     located as follows: Township 3 South, Range 2 East, San 
     Bernardino Base and Meridian
       Section 20:
       NW\1/4\ of NE\1/4\.
       (7) Pala band of mission indians.--Lands with respect to 
     the Pala Band of Mission Indians; 59.20 acres located as 
     follows:
       Township 9 South, Range 2 West, San Bernardino Base and 
     Meridian
       Section 13, Lot 1, and Section 14, Lots 1, 2, 3.

     SEC. 3. EXISTING RIGHTS PRESERVED; MISCELLANEOUS PROVISIONS.

       (a) Existing Rights Preserved.--The declaration contained 
     in section 2 shall be subject to valid existing rights in 
     effect on the day before the enactment of this Act.
       (b) Notice of Cancellation of Grazing Privileges.--Grazing 
     privileges on the lands described in section 2 shall 
     terminate two years after the date of enactment of this Act.
       (c) Proceeds From Rents and Royalties Transferred to 
     Indians.--Amounts which accrue to the United States after the 
     date of the enactment of this Act from sales, bonuses, 
     royalties, and rentals relating to any land described in 
     section 2 shall be available for use or obligation, in such 
     manner and for such purposes as the Assistant Secretary, 
     Indian Affairs, may approve, by the tribe, band, or group of 
     Indians for whose benefit such land is held after the date of 
     enactment of this Act.
       (d) Laws Governing Lands To Be Held in Trust.--Any lands 
     which are to be held in trust for the benefit of any tribe, 
     band, or group of Indians pursuant to this Act shall be added 
     to the existing reservation of the tribe, band, or group, and 
     the official boundaries of the reservation shall be modified 
     accordingly. These lands shall be subject to the laws of the 
     United States relating to Indian land in the same manner and 
     to the same extent as other lands held in trust for such 
     tribe, band, or group on the day before the date of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California [Mr. Gallegly] and the gentleman from American Samoa [Mr. 
Faleomavaega] each will control 20 minutes.
  The Chair recognizes the gentleman from California [Mr. Gallegly].
  Mr. GALLEGLY. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. GALLEGLY asked and was given permission to revise and extend his 
remarks.)
  Mr. GALLEGLY. Mr. Speaker, H.R. 3642, the California Indian Land 
Transfer Act which I introduced at the request of the administration in 
June, would transfer into trust, 1,144.23 acres of excess Federal land 
to the following Indian tribes: 560 acres to the Pit River Tribe; 40 
acres to the Bridgeport Paiute Indian Colony; 240 acres to the Utu Utu 
Gwaitu Paiute Tribe; 200 acres to the Fort Independence Community of 
Paiute Indians; 5.03 acres to the Barona Group of Capitan Grande Band 
of Mission Indians; 40 acres to the Morongo Band of Mission Indians; 
and 59.2 acres to the Pala Band of Mission Indians.
  This bill also provides that valid existing rights shall be preserved 
on the lands to be taken into trust.
  H.R. 3642 was originally proposed by the administration and is 
supported by the tribes.
  Mr. Speaker, I recommend the approval of H.R. 3642.
  Mr. Speaker, I reserve the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I am a cosponsor of H.R. 3642 along with the chairman of 
the Subcommittee on Native American and Insular Affairs, Mr. Gallegly, 
and the senior Democrat of the Resources Committee, Mr. Miller.
  Enactment of this bill would transfer small parcels of land from the 
Bureau of Land Management to various Indian Tribes in the State of 
California. In each instance the land has been declared as appropriate 
for disposal by the BLM and the affected tribal governments have 
formally requested the land be transferred to them. As part of the 
process of drafting this legislation, the Department of the Interior 
contacted local communities and received support for, or a lack of 
interest, in each land transfers. These parcels may not be large in 
size but I hope they will prove of benefit to the tribes.
  I believe this legislation is good policy. This is a case where the 
Federal Government examined its registry of lands and supports the 
release of lands it no longer deems necessary to remain under Federal 
control. The land my be excess to the needs of the Federal Government 
but I'm confident that the Indian tribes which will take over 
management of the lands will put them to good use.
  I ask my colleagues to join me in supporting passage of this 
legislation.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. GALLEGLY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Gallegly] that the House suspend the 
rules and pass the bill, H.R. 3642.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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