[Congressional Record Volume 154, Number 69 (Tuesday, April 29, 2008)]
[House]
[Page H2771]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               TUOLUMNE ME-WUK LAND TRANSFER ACT OF 2008

  Mr. RAHALL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3490) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3490

       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''.

     SEC. 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.

     SEC. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Bishop) 
each will control 20 minutes.
  The Chair recognizes the gentleman from West Virginia.


                             General Leave

  Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the resolution under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  Mr. RAHALL. Mr. Speaker, this measure introduced by our colleague 
from California, George Radanovich, would transfer approximately 66 
acres of land from the Bureau of Land Management to the Bureau of 
Indian Affairs.
  This land would be held in trust for the Tuolumne band of Me-Wuk 
Indians of the Tuolumne Rancheria. The BLM land is adjacent to land 
held in trust for the tribe or that is owned in fee by the tribe. 
Included on this land is a cemetery where the tribe has historically 
buried its ancestors.
  Other areas of this land would be used for a cultural center, 
agricultural activities, housing, and open-space needs. The legislation 
prohibits these lands from being used for gaming.
  In addition, approximately 357 acres of land which the tribe already 
owns would be deemed to be within the tribe's reservation boundaries.
  Essentially, the purpose of this legislation is to make this tribe 
whole.
  I urge my colleagues to support the measure.
  I reserve the balance of my time.
  Mr. BISHOP of Utah. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, H.R. 3490 takes 66 acres of Federal land into trust for 
the tribe's existing reservation for nongaming purposes. In addition, 
it deems three tracts of adjacent land part of the tribe's reservation 
in the Sierra Nevada. The tribe will use the lands to alleviate 
overcrowded housing, to build a cultural center, for agriculture, and 
for open space. They will also continue to use the land as a cemetery.
  Congressman Radanovich should be commended for his work on this bill, 
and I urge my colleagues to join the administration in support of this 
particular piece of legislation.
  I yield back my time.
  Mr. RAHALL. I yield back my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from West Virginia (Mr. Rahall) that the House suspend the 
rules and pass the bill, H.R. 3490, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.




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