[Congressional Record Volume 145, Number 152 (Tuesday, November 2, 1999)]
[Senate]
[Pages S13679-S13683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. BOXER:
  S. 1840. A bill to provide for the transfer of public lands to 
certain California Indian tribes; to the Committee on Indian affairs.


                  california indian land transfer act

  Mrs. BOXER. Mr. President, today I am introducing the California 
Indian Land Transfer Act, which would transfer to eight California 
tribes approximately 3,500 acres of Bureau of Land Management (BLM) 
land to be used for housing construction, grazing, resource protection, 
and non-gaming economic development.
  The eight tribes are the Pit River Tribe (Modoc County), the Fort 
Bidwell Indian Community (Modoc County), the Pala Band of Mission 
Indians (San Diego County), the Cuyapaipe Band of Mission Indians (San 
Diego County), the Manzanita Band of Mission Indians (San Diego 
County), the Barona Band of Mission Indians (San Diego County), and the 
Morongo Band of Mission Indians (Riverside County).
  All of the parcels of BLM land are contiguous to existing reservation 
trust lands and have been formally classified as suitable for disposal 
through the BLM land use planning process.
  Many California Indian tribes now lack reservations of sufficient 
size to provide housing or an economic base adequate to meet the needs 
of their members and their families. Other California Indian 
reservations have such poor quality lands that the tribal options for 
economic development are extremely limited. This situation derives from 
the complex history of federal-tribal relations in California. Instead 
of the approximately 8.5 million acres of land promised in the 
treaties, the California tribes now reside on a little more than 
400,000 acres. Approximately one-third of California's 107 federally 
recognized tribes have a land base of less than 50 acres; approximately 
two-thirds have a land base of less than 500 acres, leaving little 
opportunity for these tribes to develop viable communities and 
economies where their members can live and work.
  The counties in which these lands are located support the tribes' 
efforts to acquire these lands and have participated in the federal 
land planning process through which these parcels were identified and 
made available for transfer to the tribes. This legislation also has 
the support of the Administration. A similar bill, H.R. 2742, passed 
the House of Representatives last Congress and was placed on the 
Senate's consent calendar but was never brought to a vote before 
adjournment. An earlier version of the bill suffered the same fate in 
the 104th Congress and I am informed that the negotiations between the 
Department of the Interior and the Tribes for transfer of these lands 
date back to 1994.
  This legislation is the result of a multiyear cooperative effort by 
the tribes, the Secretary, the BLM and the Bureau of Indian Affairs, in 
consultation with local country governments. This effort allows me to 
present a model legislative blueprint for interagency transfer of 
federal lands as a means of enhancing the extremely limited land and 
resources base of California's small tribes. The bill also stands as an 
excellent example of federal, tribal, and local governmental 
consultation and collaboration within the planning process for 
disposition of federal lands that have been formally classified as 
suitable for disposal. It is time for Congress to do its part and 
conclude this successful intergovernmental collaboration.
  I ask unanimous consent that the text of the bill and letters of 
support from the eight tribes and four counties affected by this 
legislation be included in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1840

       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 valid existing rights, all 
     right, title, and interest of the United States in and to the 
     lands, including improvements and appurtenances, described in 
     a paragraph of subsection (b) in connection with the 
     respective tribe, band, or group of Indians named in such 
     paragraph are hereby declared to be held in trust by the 
     United

[[Page S13680]]

     States for the benefit of such tribe, band, or group. Real 
     property taken into trust pursuant to this subsection shall 
     not be considered to have been taken into trust for gaming 
     (as that term is used in the Indian Gaming Regulatory Act (25 
     U.S.C. 2701 et seq.)).
       (b) Lands Described.--The lands described in this 
     subsection, comprising approximately 3525.8 acres, and the 
     respective tribe, band, or group, are as follows:
       (1) Pit river tribe.--Lands to be held in trust for the Pit 
     River Tribe are comprised of approximately 561.69 acres 
     described as follows:
       Mount Diablo Base and Meridian

                    Township 42 North, Range 13 East

       Section 3:
       S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 120 acres.

                    Township 43 North, Range 13 East

       Section 1:
       N\1/2\ NE\1/4\, 80 acres,
       Section 22:
       SE\1/4\ SE\1/4\, 40 acres,
       Section 25:
       SE\1/4\ NW\1/4\, 40 acres,
       Section 26:
       SW\1/4\ SE\1/4\, 40 acres,
       Section 27:
       SE\1/4\ NW\1/4\, 40 acres,
       Section 28:
       NE\1/4\ SW\1/4\, 40 acres,
       Section 32:
       SE\1/4\ SE\1/4\, 40 acres,
       Section 34:
       SE\1/4\ NW\1/4\, 40 acres,

                   Township 44 North, Range 14 East,

       Section 31:
       S\1/2\ SW\1/4\, 80 acres.
       (2) Fort independence community of paiute indians.--Lands 
     to be held in trust for the Fort Independence Community of 
     Paiute Indians are comprised of approximately 200.06 acres 
     described as follows:
       Mount Diablo Base and Meridian

                    Township 13 South, Range 34 East

       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\.
       (3) Barona group of capitan grande band of mission 
     indians.--Lands to be held in trust for the Barona Group of 
     Capitan Grande Band of Mission Indians are comprised of 
     approximately 5.03 acres described as follows:
       San Bernardino Base and Meridian

                    Township 14 South, Range 2 East

       Section 7, Lot 15.
       (4) Cuyapaipe band of mission indians.--Lands to be held in 
     trust for the Cuyapaipe Band of Mission Indians are comprised 
     of approximately 1,360 acres described as follows:
       San Bernardino Base and Meridian

                    Township 15 South, Range 6 East

       Section 21:
       All of this section.
       Section 31:
       NE\1/4\, N\1/2\SE\1/4\, SE\1/4\SE\1/4\.
       Section 32:
       W\1/2\SW\1/4\, NE\1/4\SW\1/4\, NW\1/4\SE\1/4\.
       Section 33:
       SE\1/4\, SW\1/4\SW\1/4\, E\1/2\SW\1/4\.
       (5) Manzanita band of mission indians.--Lands to be held in 
     trust for the Manzanita Band of Mission Indians are comprised 
     of approximately 1,000.78 acres described as follows:
       San Bernardino Base and Meridian

                    Township 16 South, Range 6 East

       Section 21:
       Lots 1, 2, 3, and 4, S\1/2\.
       Section 25:
       Lots 2 and 5.
       Section 28:
       Lots, 1, 2, 3, and 4, N\1/2\SE\1/4\.
       (6) Morongo band of mission indians.--Lands to be held in 
     trust for the Morongo Band of Mission Indians are comprised 
     of approximately 40 acres described as follows:
       San Bernardino Base and Meridian

                     Township 3 South, Range 2 East

       Section 20:
       NW\1/4\ of NE\1/4\.
       (7) Pala band of mission indians.--Lands to be held in 
     trust for the Pala Band of Mission Indians are comprised of 
     approximately 59.20 acres described as follows:
       San Bernardino Base and Meridian

                     Township 9 South, Range 2 West

       Section 13, Lot 1, and Section 14, Lots 1, 2, 3.
       (8) Fort bidwell community of paiute indians.--Lands to be 
     held in trust for the Fort Bidwell Community of Paiute 
     Indians are comprised of approximately 299.04 acres described 
     as follows:
       Mount Diablo Base and Meridian

                    Township 46 North, Range 16 East

       Section 8:
       SW\1/4\SW\1/4\.
       Section 19:
       Lots 5, 6, 7.
       S\1/2\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SE\1/4\.
       Section 20:
       Lot 1.

     SEC. 3. MISCELLANEOUS PROVISIONS.

       (a) 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 Secretary may approve, by 
     the tribe, band, or group of Indians for whose benefit such 
     land is taken into trust.
       (b) Notice of Cancellation of Grazing Preferences.--Grazing 
     preferences on lands described in section 2 shall terminate 2 
     years after the date of the enactment of this Act.
       (c) Laws Governing Lands To Be Held in Trust.--
       (1) In general.--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.
       (2) Applicability of laws of the united states.--The lands 
     referred to in paragraph (1) 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 enactment 
     of this Act.
                                  ____

         Department of the Interior, Bureau of Land Management, 
           California State Office,
                                  Sacramento, CA, October 8, 1999.
     Senator Barbara Boxer,
     112 Hart Senate Office Building,
     Washington, DC.
       Dear Senator Boxer: Thank you for your inquiry regarding 
     your planned introduction of the California Indian Land 
     Transfer Act. As you know, the Administration has twice 
     forwarded proposed legislation to Congress (in the 104th and 
     the 105th) to effect these land transfers which must be done 
     legislatively. The Bureau of Land Management (BLM) has worked 
     cooperatively for many years with the eight Tribes and the 
     local governments involved to see these transfers are 
     completed.
       The tribes, acreages, and counties involved are as follows:
       Barona, 5 acres, San Diego County:
       Cuyapaipe, 1,360 acres, San Diego County;
       Fort Bidwell, 300 acres, Modoc County;
       Fort Independence, 200 acres, Inyo County;
       Morongo, 40 acres, San Diego County;
       Manzanita, 1,000 acres, San Diego County;
       Pala, 60 acres, San Diego County; and
       XL Ranch/Pit River, 562 acres, Modoc County.
       In each of these cases the lands are surrounded by or 
     directly adjacent to the Tribes' existing reservations. The 
     tracts identified represent scattered, unmanageable tracts of 
     public lands that have been identified in our land use plans 
     for disposal. The Tribes have indicated these lands will add 
     to economic viability of their reservations and we are 
     pleased to assist them in this important endeavor.
       We look forward to introduction of your legislation in the 
     106th Congress on this important public issue. Please let us 
     know if we can assist you in any way.
           Sincerely,
                                              Elaine Marquis-Brong
     (For Al Wright, Acting State Director).
                                  ____


                          Resolution No. 99-34

       Be it hereby Resolved, That the Board of Supervisors 
     affirms its earlier support (in Resolutions 95-29 and 96-39) 
     of the introduction of the California Indian Land Transfer 
     Act (copy attached), which would transfer approximately 860 
     acres of public lands under the jurisdiction of the Bureau of 
     Land Management to the United States of America in trust for 
     the Pit River Tribe (560 acres) and the Fort Bidwell 
     Community of Paiute Indians (300 acres) to be added to the 
     tribal trust lands of their respective reservations.
                                  ____

                                             Board of Supervisors,


                                          County of Riverside,

                                   Riverside, CA, August 31, 1999.
     Senator Barbara Boxer,
     Suite 112, Senate Hart Office Bldg.,
     Washington, DC.
       Dear Senator Boxer: We are writing to convey our support 
     for the California Indian land Transfer Act (CILTA) and to 
     urge your support of this legislation. CILTA would transfer 
     to eight California Indian tribes a total of approximately 
     3,500 acres of Bureau of Land Management (BLM) land to be 
     used for housing construction, grazing, resource protection, 
     and non-gaming economic development.
       In our district this would mean the transfer of 
     approximately 40 acres, presently under the jurisdiction of 
     the Bureau of Land management to the United States of America 
     in trust for the Morongo Land of Mission Indians to be added 
     to the tribal trust lands of the Morongo Indian Reservation.
       The current version of the CILTA passed the House of 
     Representative last year as H.R. 2742 and was placed on the 
     Senate's consent calendar, but was never brought to a vote 
     before adjournment. Last session was the second time that the 
     bill has passed the House without timely action in the 
     Senate.
       California county governments have been supportive of the 
     tribes' past efforts to obtain additional lands for such uses 
     as housing, grazing, resource protection, and non-gaming 
     economic development. Moreover, county governments have had 
     varying degrees of involvement with the federal and planning 
     process through which these parcels were identified and made 
     available for transfer to the tribes.
       CILTA has the unqualified support of the Administration, 
     which has invested considered time and effort in urging its 
     enactment. The Secretary of the Interior personally 
     transmitted the bill to the Congress last year with his 
     strong recommendation that it be enacted at the earliest 
     possible date. The Secretary remains similarly committed to

[[Page S13681]]

     supporting the bill's passage during the current session of 
     Congress.
       CILTA is the result of a multi-year, cooperative effort by 
     the tribes, the Secretary, the BLM and the Bureau of Indian 
     Affairs, in consultation with local county governments. It 
     presents a model legislative blueprint for inter-agency 
     transfer of federal lands as a means of enhancing the 
     extremely limited land and resource base of California's 
     small tribes. It also illustrates how federal, tribal and 
     local governmental consultation can successfully occur within 
     the framework of an existing federal planning process.
       We hope this letter conveys our support for this important 
     legislation and urge you to support its passage.
            Sincerely,
                                                      Jim Venable,
     Supervisor, Third District.
                                  ____


                         Resolution No. 99-170

       Now, be it resolved by the Board of Supervisors of the 
     County of San Diego, supports the introduction of the 
     California Indian Land Transfer Act, which would transfer a 
     total of approximately 2,525 acres of public lands under the 
     jurisdiction of the Bureau of Land Management to the United 
     States of America in trust for the Barona (5.03 acres), 
     Cuyapaipe (1,360 acres), Manzanita (1,000.78 acres), and Pala 
     (59.20) acres) Bands of Mission Indians to be added to the 
     tribal trust lands of their respective reservations.
                                  ____


                          Resolution No. 99-41

       Whereas, on July 6, 1999, the Fort Independence Indian 
     Community asked the County to reiterate its support for the 
     California Indian Land Transfer Act, and explained the 
     Tribe's need for the additional land, the history of the land 
     proposed for transfer, and the Tribe's plans for development 
     and use of the lands; and
       Whereas, this Board desires to both promote economic 
     development and enhance the quality of life within the County 
     and believes that the Tribe's proposed development could play 
     a vital role in these goals by improving the economic, social 
     and cultural health of both the Tribe and the County; and
       Whereas, this Board desires to provide for the County 
     adequate housing, jobs, economic development, and 
     recreational and cultural amenities through a reasonable land 
     development plan that ensures the provision of necessary 
     public services and facilities and eliminates or mitigates 
     any potential negative impacts of such development; and
       Whereas, the Tribe has notified the Board that it shares 
     these same concerns about their shared community; and
       Whereas, the Board recognizes the Tribe's sovereignty; and
       Whereas, the Tribe has expressed its desire to the Board to 
     work with the County in a government-to-government 
     relationship to ensure that Tribal development of the parcel 
     proposed for transfer will provide the community with 
     necessary housing and economic development without 
     compromising the environmental, health, safety or welfare 
     concerns of the region; now therefore, be it
       Resolved by the Board of Supervisors of the County of Inyo, 
     State of California, that it supports the California Indian 
     Land Transfer Act, and the included transfer to the Fort 
     Independence Indian Community of the 200-acre parcel of 
     Bureau of Land Management land which is contiguous to the 
     existing reservation, provided that the Fort Independence 
     Indian Community agrees with a Memorandum of Understanding, 
     which provides for a mutually agreeable method of dispute 
     resolution, to bring its proposed development plan back to 
     the County in order to discuss, on a government-to-government 
     basis, how applicable federal and tribal laws will address 
     the following issues/concerns, and, in those situations where 
     the County is of the opinion that federal and tribal laws do 
     not adequately address its concerns, to discuss what 
     standards and/or approaches the Tribe might incorporate into 
     its development plan or laws, looking to state and local laws 
     for guidance, so to address, to a reasonable extent, the 
     County's concerns:
       (1) Building design and construction;
       (2) Land use, planning and zoning;
       (3) Health;
       (4) Environmental health;
       (5) Animal control;
       (6) Streets, highways and roads;
       (7) Environmental quality;
       (8) Police protection;
       (9) Fire protection;
       (10) Water supply;
       (11) Sewage disposal;
       (12) School facilities;
       (13) Funding for county-provided services; and
       (14) Gaming.
       Be it further Resolved, That the Clerk of the Board is 
     directed to distribute this Resolution to the Fort 
     Independence Indian Tribal Council, the Secretary of the 
     Interior, United States Senators Boxer and Feinstein, the 
     Governor of the State of California, representatives of Inyo 
     County in the United States House of Representatives and the 
     California Legislature; the Bureau of Indian Affairs and the 
     Bureau of Land Management.
                                  ____



                                     House of Representatives,

                                    Washington, DC, June 11, 1999.
     San Diego County Board of Supervisors,
     1600 Pacific Hwy, Room 335,
     San Diego, CA.
       Dear Supervisors: I am writing to you regarding the 
     transferal of surplus Bureau of Land Management land parcels 
     to the Barona, Cuyapaipe and Manzanita Bands of Mission 
     Indians in San Diego County. It is my understanding that the 
     Board of Supervisors will be considering a resolution to 
     support the introduction of the California Indian Land 
     Transfer Act (CILTA) in Congress to authorize this transferal 
     and I wanted to make you aware of my continued support for 
     this effort.
       I firmly believe that this transferal will promote tribal 
     sovereignty while, at the same time, provide numerous 
     benefits to our San Diego county communities. As you may 
     know, I voted in favor of the CILTA when it passed the House 
     of Representatives on two separate occasions. Despite this 
     support, however, this legislation has failed to receive 
     adequate consideration in the Senate.
       It is for this reason that I was pleased to learn that 
     Senator Barbara Boxer has expressed interest in reintroducing 
     the CILTA in the 106th Congress. Taking into consideration 
     the numerous endorsements this effort has received in the 
     past, coupled with the fact that these land parcels will be 
     used for ``non-gaming'' economic and community development, 
     it is my full intention to once again support this 
     legislation when it is considered by the House.
       Thank you for your time and allowing me to express my 
     thoughts on this important issue. If you have any questions 
     regarding this matter, please do not hesitate to contact me 
     directly, or Michael Harrison in my office at (202) 255-5672.
       With best wishes.
           Sincerely,
                                                    Duncan Hunter,
     Member of Congress.
                                  ____

                                                 Fort Independence


                                           Indian Reservation,

                               Independence, CA, October 13, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Fort Independence 
     Community of Paiute Indians, I want to express our thanks for 
     your agreement to introduce the California Indian Land 
     Transfer Act, a bill that would transfer to eight California 
     Indian Tribes a total of approximately 3,500 acres of Bureau 
     of Land Management (BLM) land to be used for housing 
     construction, grazing resource protection and nongaming 
     economic development. Under the bill's provisions, our tribe 
     will acquire approximately 200 acres of BLM land. These lands 
     would be added to the tribal trust lands of the Fort 
     Independence Indian Reservation. We expect to use the land 
     for non-gaming economic development.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                   Wendy L. Stine,
     Chairperson.
                                  ____



                               Barona Band of Mission Indians,

                                      Lakeside, CA, March 9, 1999.
     Re Proposed Southern California Indian Land Transfer Act.

       Dear Senator Boxer: By now you should have received the 
     letter of today's date from Stephen V. Quesenberry of 
     California Indian Legal Services, voicing the support of his 
     six tribal clients of the above proposed bill. The Barona 
     Band of Mission Indians is the seventh Californian tribe that 
     would benefit from this bill. We are writing to you 
     separately to add our support for the bill, which was passed 
     in the House in the last session, only to die from inaction 
     in the Senate. Because Congressman Young does not want to 
     introduce it in the House, where we expect little or no 
     opposition at all.
       As for the fear that the Barona Band might use the land to 
     be acquired under this bill for gaming purposes, we have two 
     simple responses. First, the 5.03 acres that we would obtain 
     is far too small and far too remote to be used for this 
     purpose. Instead, we would use it for watershed, cattle 
     grazing, and wildlife habitat. This small parcel is over a 
     mile from the nearest paved road, across fairly rough 
     country. Second, the Barona Band already has a very 
     successful gaming enterprise on its primary reservation 
     adjacent to a country road, and therefore does not need any 
     further gaming locations. In addition, the bill itself 
     specifies that this land is not being transferred for gaming 
     purposes in any event.
       Instead of lengthening this letter by repeating the 
     statements presented by Mr. Quesenberry on behalf of his 
     tribal clients, we will just adopt them as our own, and urge 
     you to introduce and vigorously support this non-
     controversial bill on behalf of the Barona Band and other 
     California tribes which would benefit from it.
           Sincerely yours,
                                             Clifford M. LaChappa,
     Chairman.
                                  ____



                               Barona Band of Mission Indians,

                                      Lakeside, CA, June 29, 1999.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: During the 105th Congress, Congressman 
     Don Young introduced the California Indian Land Transfer Act, 
     H.R. 2742, a bill that would transfer approximately 3,500 
     acres of Bureau of Land Management (BLM) land to a number of 
     Indian tribes located in California, including

[[Page S13682]]

     5.03 acres for the Barona Band of Mission Indians. Attached, 
     please find a resolution recently adopted by the Barona Band 
     of Mission Indians Tribal Council urging you to sponsor 
     similar legislation in the United States Senate this year.
       As you know, since the early 1930's, the Barona Band has 
     been located on approximately 5,500 acres in rural eastern 
     San Diego County and is home to approximately 300 people. We 
     came to this land after the City of San Diego bought our 
     reservation as a reservoir site and forced us to move. 
     Therefore, the passage of this bill is very important to our 
     history and our future.
       As drafted, H.R. 2742 would place a number of restrictions 
     on the use of the new lands. Perhaps most noteworthy is the 
     provision baring the use of any such lands for gaming 
     purposes. Although as a sovereign government we object to any 
     restriction being placed on the use of our lands, we 
     understand that the political nature of this bill demands 
     such a restriction.
       Finally, we are encouraged by the action taken by the San 
     Diego County Board when they too adopted a resolution in 
     support of the proposed legislation. We are hopeful that this 
     demonstration of government unity will give you the 
     encouragement necessary to carry this bill forward.
           Sincerely,
                                             Clifford M. LaChappa,
     Chairman.
                                  ____


                         Resolution No. 06-2299

       Whereas: The Barona Band of Mission Indians is among the 
     104 Federally recognized Indian Tribes located in the State 
     of California; and,
       Whereas: Indian Tribes located in California retain rights 
     to fewer than 500,000 acres of land, seventy-five percent of 
     which is held in Trust by the United States Government on 
     behalf of 14 tribes; and,
       Whereas: The Federal Bureau of Land Management (BLM) is 
     considering large scale transfers of trust lands to local 
     governments in California, and to the State of California; 
     and,
       Whereas: The Federal Bureau of Land Management (BLM) is 
     considering large scale transfers of trust lands to local 
     governments in California, and to the State of California; 
     and,
       Whereas: California Indian Legal Services has been working 
     diligently over the past three years to secure passage of 
     Federal Legislation to transfer approximately 3,600 acres of 
     BLM trust land to 10 specific tribes; and,
       Whereas: The Elected leaders of California have a unique 
     responsibility to help California tribes address the issue of 
     securing additional lands so that tribes may develop stronger 
     economies; and,
       Whereas: On June 15th, the San Diego county Board of 
     Supervisors unanimously voted to support this transfer of 
     land; and, be it therefore
       Resolved: That the Barona Band of Mission Indians urges 
     Senator Barbara Boxer and Senator Dianne Feinstein to sponsor 
     legislation to transfer such lands as identified by the 
     California Indian Legal Services from the BLM to benefit 
     California tribes and work for the passage of such 
     legislation.
                                  ____



                               Barona Band of Mission Indians,

                                   Lakeside, CA, October 14, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Baraona Group of the 
     Capitan Grande Band of Mission Indians, I want to express our 
     thanks for your agreement to introduce the California Indian 
     Land Transfer Act, a bill that would transfer to eight 
     California Indian tribes a total of approximately 3,500 acres 
     of Bureau of Land Management (BLM) land to be used for 
     housing construction, grazing, resource protection, and non-
     gaming economic development. Under the bill's provisions, our 
     tribe will acquire approximately 5.03 acres of BLM land. 
     These lands would be added to the tribal trust lands of the 
     Barona Indian Reservation. We expect to use the land for wild 
     land addition to the reservation.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                             Clifford M. LaChappa,
     Chairman.
                                  ____



                            Manzanita Band of Mission Indians,

                                   Boulevard, CA, October 1, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Manzanita Band of 
     Mission Indians, I want to express our thanks for your 
     agreement to introduce the California Indian Land Transfer 
     Act, a bill that would transfer to eight California Indian 
     Tribes a total of approximately 3,500 acres of Bureau of Land 
     Management (BLM) land to be used for housing construction, 
     grazing, resource protection, and non-gaming economic 
     development. Under the bill's provisions, our tribe will 
     acquire approximately 1,000 acres of BLM land. These lands 
     would be added to the tribal trust lands of the Manzanita 
     Indian Reservation. We expect to use the land for non-gaming 
     economic development.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                 Leroy J. Elliott,
     Chairman.
                                  ____



                                 Pala Band of Mission Indians,

                                        Pala, CA, October 1, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Pala Band of Mission 
     Indians, I want to express our thanks for your agreement to 
     introduce the California Indian Land Transfer Act, a bill 
     that would transfer to eight California Indian tribes a total 
     of approximately 3,500 acres of Bureau of Land Management 
     (BLM) land to be used for housing construction, grazing, 
     resource protection, and non-gaming economic development. 
     Under the bill's provisions, our tribe will acquire 
     approximately 60 acres of BLM land. These lands would be 
     added to the tribal trust lands of the Pala Indian 
     Reservation. We expect to use the land for wildland addition 
     to the reservation.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                  Robert H. Smith,
     Tribal Chairman.
                                  ____



                                    Ewiiaapaayp Tribal Office,

                                      Alpine, CA, October 4, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Cuyapaipe Band of 
     Mission Indians, I want to express our thanks for your 
     agreement to introduce the California Indian Land Transfer 
     Act, a bill that would transfer to eight California Indian 
     tribes a total of approximately 3,500 acres of Bureau of Land 
     Management (BLM) land to be used for housing construction, 
     grazing, resource protection, and non-gaming economic 
     development. Under the bill's provisions, our tribe will 
     acquire approximately 1,360 acres of BLM land. These lands 
     would be added to the tribal trust lands of the Cuyapaipe 
     Indian Reservation. We expect to use the land for housing and 
     non-gaming economic development.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                       Tony Pinto,
     Tribal Chairman.
                                  ____



                                              Pit River Tribe,

                                      Burney, CA, October 6, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Pit River Tribe, I 
     want to express our thanks for your agreement to introduce 
     the California Indian Land Transfer Act, a bill that would 
     transfer eight California Indian tribes a total of 
     approximately 3,500 acres of Bureau of Land Management (BLM) 
     land to be used for housing construction, grazing, resource 
     protection, and non-gaming economic development. Under the 
     bill's provisions, our tribe will acquire approximately 560 
     acres of BLM land. These lands would be added to the tribal 
     trust lands of the XL Ranch Indian Reservation. We expect to 
     use the land for housing, grazing and other agricultural 
     development.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                Lawrence Cantrell,
     Chairman.
                                  ____



                                              Pit River Tribe,

                                      Burney, CA, October 6, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Pit River Tribe, I 
     want to express our thanks for your agreement to introduce 
     the California Indian Land Transfer Act, a bill that would 
     transfer eight California Indian tribes a total of 
     approximately 3,500 acres of Bureau of Land Management (BLM) 
     land to be used for housing construction, grazing, resource 
     protection, and non-gaming economic development. Under the 
     bill's provisions, our tribe will acquire approximately 560 
     acres of BLM land. These lands would be added to the tribal 
     trust lands of the XL Ranch Indian Reservation. We expect to 
     use the land for housing, grazing and other agricultural 
     development.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                    Arnold Wilkes,
     Vice-Chairman.
                                  ____

                                               Fort Bidwell Indian


                                            Community Council,

                                Fort Bidwell, CA, October 6, 1999.
     Re California Indian Land Transfer Act.

     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: On behalf of the Fort Bidwell Indian 
     Community, I want to express our thanks for your agreement to 
     introduce the California Indian Land Transfer Act, a bill 
     that would transfer eight California Indian tribes a total of 
     approximately 3,500 acres of Bureau of Land Management (BLM) 
     land to be used for housing construction, grazing, resource 
     protection, and non-

[[Page S13683]]

     gaming economic development. Under the bill's provisions, our 
     tribe will acquire approximately 300 acres of BLM land. These 
     lands will be added to the tribal trust lands of the Fort 
     Bidwell Indian Reservation. We expect to use the land for 
     housing and grazing.
       We sincerely appreciate your support for this important 
     legislation.
           Sincerely,
                                                   Denise Pollard,
     Acting Chairpeson.
                                  ____



                              Morongo Band of Mission Indians,

                                    Banning, CA, October 25, 1999.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: The purpose of this letter is to 
     request that you sponsor and introduce legislation to 
     transfer certain parcels of land from the Bureau of Land 
     Management to various California Indian Tribes. It is our 
     understanding that your staff has been working on this matter 
     with Tribes and their representatives.
       As you are aware, this proposed legislation is similar to 
     legislation that was previously enacted transferring other 
     Bureau of Land Management land to California Indian Tribes.
       We appreciate your efforts in this area, as well as your 
     support of the Tribes in California on the range of 
     legislative issues and challenges that native Americans face.
           Sincerely yours,
                                          Mary Ann Martin Andreas,
                                                      Chairperson.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mr. Lautenberg):
  S. 1845. A bill to amend title 18, United States Code, to prohibit 
the sale or transfer of a firearm or ammunition to an intoxicated 
person; to the Committee on the Judiciary.


                    gun sales to intoxicated persons

 Mrs. BOXER. Mr. President, last July, when the Senate 
considered the Commerce-Justice-State appropriations bill, I offered an 
amendment to prohibit the sale of guns to people who were intoxicated.

  State and local laws prohibit intoxicated people from operating a 
car, a boat, a snowmobile, a plane, an all-terrain vehicle, or a 
bicycle. There is even one state law that prohibits an intoxicated 
person from getting a tattoo. In addition, federal law prohibits an 
intoxicated person from enlisting in the military. And, federal gun 
laws prohibit the sale of a gun to a drug user.
  My amendment simply built on this record. All it said is that if you 
are intoxicated, you cannot buy a gun or ammunition. To me, it just 
makes common sense that someone who is drunk should not be able to buy 
a gun. And, the Senate agreed because my amendment was passed 
unanimously.
  Unfortunately, Mr. President, the conference committee dropped this 
provision from the bill. I am extremely disappointed that such a 
common-sense proposal would be abandoned by the Senate leadership.
  So, today, I am introducing--along with my colleague, Senator 
Lautenberg--this very reasonable proposal as a free-standing bill.
  Mr. President, guns and alcohol do not mix. A 1997 study in the 
Journal of American Medical Association found that ``alcohol and 
illicit drug use appear to be associated with an increased risk of 
violent death.'' And as the two stories I want to share today 
illustrate, alcohol is also associated with an increased risk of 
serious injury.
  The first story is about a woman by the name of Deborah Kitchen. She 
is a quadriplegic, and she got that way because her ex-boyfriend shot 
her.
  On the day of the shooting, Deborah's boyfriend, Thomas Knapp, 
consumed--by his own estimate--a fifth of whiskey and a case of beer. 
He went to K-Mart in Florida to buy a .22-caliber rifle and a box of 
bullets. Mr. Knapp was so intoxicated that the clerk had to help him 
fill out the federal form required to purchase the gun. But he was 
still able to buy the rifle.
  Mr. Knapp then took that rifle, shot his ex-girlfriend Deborah 
Kitchen, and left her a quadriplegic.
  The second story is from Michigan. It involves an 18-year-old named 
Walter McKay, who had engaged in a day-long drinking spree and then 
went and bought ammunition for his shotgun. He was so intoxicated that 
he could not remember whether it was a man or woman who sold him the 
ammunition and could not identify what he purchased.
  He took those shotgun shells, loaded his gun, and intended to shoot 
out the back window of an acquaintance's truck. He was intoxicated. The 
shot missed, ricocheted off the wheel of the truck, and hit Anthony 
Buczkowski. Mr. Buczkowski had to have a finger amputated and his left 
wrist surgically fused.
  Mr. Knapp and Mr. McKay could buy a gun and ammunition because it is 
not--I repeat, not--against the law to sell a gun or ammunition to 
someone who is intoxicated.
  Mr. President, as I mentioned earlier, states and localities have all 
sorts of laws prohibiting people who are intoxicated from doing certain 
things. But, I am unaware of a single state law that prohibits someone 
who is drunk from buying a gun or ammunition.
  It would be nice if states would act. But, gun sales are largely 
regulated at the federal level and involve federal licenses and federal 
forms. This is a federal responsibility, and there should be a federal 
law that stops this outrage.
  That is what my bill does. If you are intoxicated, you would not be 
able to buy a gun or ammunition. It is very reasonable, and it will 
save lives.

                          ____________________