[Congressional Record Volume 161, Number 108 (Monday, July 13, 2015)]
[House]
[Pages H5103-H5104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ECONOMIC DEVELOPMENT THROUGH TRIBAL LAND EXCHANGE ACT
Mr. COOK. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 387) to provide for certain land to be taken into trust for the
benefit of Morongo Band of Mission Indians, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 387
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 ``Economic Development Through
Tribal Land Exchange Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) Banning.--The term ``Banning'' means the City of
Banning, which is located in Riverside County, California
adjacent to the Morongo Indian Reservation.
(2) Fields.--The term ``Fields'' means Lloyd L. Fields, the
owner of record of Parcel A.
(3) Map.--The term ``map'' means the map entitled `Morongo
Indian Reservation, County of Riverside, State of California
Land Exchange Map', and dated May 22, 2014, which is on file
in the Bureau of Land Management State Office in Sacramento,
California.
(4) Parcel a.--The term ``Parcel A'' means the
approximately 41.15 acres designated on the map as ``Fields
lands''.
(5) Parcel b.--The term ``Parcel B'' means the
approximately 41.15 acres designated on the map as ``Morongo
lands''.
(6) Parcel c.--The term ``Parcel C'' means the
approximately 1.21 acres designated on the map as ``Banning
land''.
(7) Parcel d.--The term ``Parcel D'' means the
approximately 1.76 acres designated on the map as ``Easement
to Banning''.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Tribe.--The term ``Tribe'' means the Morongo Band of
Mission Indians, a federally recognized Indian tribe.
SEC. 3. TRANSFER OF LANDS; TRUST LANDS, EASEMENT.
(a) Transfer of Parcel A and Parcel B and Easement Over
Parcel D.--Subject to any valid existing rights of any third
parties and to legal review and approval of the form and
content of any and all instruments of conveyance and policies
of title insurance, upon receipt by the Secretary of
confirmation that Fields has duly executed and deposited with
a mutually acceptable and jointly instructed escrow holder in
California a deed conveying clear and unencumbered title to
Parcel A to the United States in trust for the exclusive use
and benefit of the Tribe, and upon receipt by Fields of
confirmation that the Secretary has duly executed and
deposited into escrow with the same mutually acceptable and
jointly instructed escrow holder a patent conveying clear and
unencumbered title in fee simple to Parcel B to Fields and
has duly executed and deposited into escrow with the same
mutually acceptable and jointly instructed escrow holder an
easement to the City for a public right-of-way over Parcel D,
the Secretary shall instruct the escrow holder to
simultaneously cause--
(1) the patent to Parcel B to be recorded and issued to
Fields;
(2) the easement over Parcel D to be recorded and issued to
the City; and
(3) the deed to Parcel A to be delivered to the Secretary,
who shall immediately cause said deed to be recorded and held
in trust for the Tribe.
(b) Transfer of Parcel C.--After the simultaneous transfer
of parcels A, B, and D under subsection (a), upon receipt by
the Secretary of confirmation that the City has vacated its
interest in Parcel C pursuant to all applicable State and
local laws, the Secretary shall immediately cause Parcel C to
be held in trust for the Tribe subject to--
(1) any valid existing rights of any third parties; and
(2) legal review and approval of the form and content of
any and all instruments of conveyance.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Cook) and the gentleman from California (Mr. Ruiz) each
will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Cook).
General Leave
Mr. COOK. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. COOK. Mr. Speaker, I yield myself such time as I may consume.
The Morongo Band of Mission Indians, a tribe located about 20 miles
west of Palm Springs, California, along with the city of Banning and a
private property owner who resides in California together have asked
Congress to enact H.R. 387, providing for the exchange of certain lands
within or adjacent to the Morongo Reservation.
The bill also directs the Secretary of the Interior to grant an
easement to the city of Banning for the use of certain lands currently
held in trust on behalf of the tribe. The easement will provide the
city with the ability to install electric, sewer, water, and related
utility lines to accommodate commercial activity in the area.
This bill will accomplish three goals. First, it will promote the
consolidation of the tribe's reservation lands. Second, it will resolve
a land use dispute between a private landowner, the city, and the
tribe. Third and finally, it will facilitate commercial development on
lands adjacent to the tribe's reservation, which will be beneficial for
the city of Banning and the tribe as well as for the private landowner.
This bill truly represents a win-win-win agreement without any of the
parties having to compromise their desired goals.
I reserve the balance of my time.
Mr. RUIZ. Mr. Speaker, I yield myself such time as I may consume.
I am proud to rise in support of my bill, H.R. 387, the Economic
Development Through Tribal Land Exchange Act.
This non-controversial, bipartisan bill passed unanimously out of the
House Natural Resources Committee and is supported by the Department of
the Interior. The bill would aid economic development in the city of
Banning, California, through a land swap that is supported by all of
the parties involved.
Currently, the Morongo Band of Mission Indians and a private
landowner, Mr. Lloyd Fields, would like to exchange two parcels of land
which are nearly identical in size and value, but they are restrained
from doing so because one of the parcels is currently held in trust by
the United States on behalf of the tribe.
My bill facilitates an equitable land swap between the Morongo tribe
and the landowner to provide more consolidated reservation land for the
tribe and commercial development opportunities for the landowner, the
city of Banning, and Riverside County.
This bill serves as a model for how land use issues can be addressed
by communities coming together while upholding the sacred government-
to-government relationship between the Federal Government and Indian
tribes.
I would like to thank Chairman Robert Martin of the Morongo Band of
Mission Indians and the city of Banning for bringing this issue to my
attention.
I would like to thank my colleague, Representative Paul Cook from
California, for being an original cosponsor, and Senator Boxer from
California for introducing the bill in the Senate.
I would also like to thank Chairman Bishop and Ranking Member
Grijalva for expediting this bill through committee so that we could
bring it to the floor today.
Mr. Speaker, this is the type of bill that we can all support for the
simple reason that it benefits all parties involved and spurs economic
development and job creation.
We passed this bill unanimously on the floor last year. Let's move it
once again. I urge a ``yes'' vote on H.R. 387.
I reserve the balance of my time.
Mr. COOK. Mr. Speaker, in closing, this just basically shows that you
can actually get some things done at the local, State, and Federal
levels.
This battle has been going on for a long while. I used to represent
the area when I was in the State House. And when you can finally get
all of the parties together and work in a bipartisan fashion, good
things can happen.
I yield back the balance of my time.
Mr. RUIZ. Mr. Speaker, I yield myself such time as I may consume.
This is a clear example, as Representative Paul Cook said, of two
neighboring districts from different parties coming together for the
benefit of economic development, for the betterment of our tribes, and
for the betterment of our counties.
At this point, Mr. Speaker, I again want to thank my colleague,
Representative Paul Cook, for his support of this legislation, as well
as to thank Chairman Bishop and Ranking Member Grijalva for their work
to bring this non-controversial bill to the floor before the end of the
summer.
[[Page H5104]]
Mr. Speaker, I yield 2 minutes to the gentlewoman from California
(Mrs. Torres), my friend and colleague, who also sits on the Indian,
Insular and Alaska Native Affairs Subcommittee.
{time} 1700
Ms. TORRES. Mr. Speaker, I rise in support of H.R. 387, which directs
the Secretary of the Interior to take certain land into trust for the
benefit of Morongo Band of Mission Indians.
This legislation is a commonsense approach that will benefit the
tribe, the city of Banning, and the larger local economy. Taking land
into trust on behalf of tribes is one of the visible and impactful
actions our government can undertake to uphold our trust obligations to
the 567 sovereign tribal nations around the country.
Indian lands are critical for the exercise of tribal self-governance
and self-determination and often represent great spiritual and cultural
significance to tribal nations.
This bill represents an opportunity for the Morongo Band of Mission
Indians to consolidate their land base and provide for their people
while also resolving longstanding disputes that will clear the way for
increased private economic development opportunities for the region.
This legislation is a win-win for the tribe, the city, and private
enterprise.
Mr. RUIZ. Mr. Speaker, I would like to thank the gentlewoman from
California, Norma Torres, for her remarks in support of the bill. I
would like to thank you, Mr. Speaker. I would like to again thank
Representative Paul Cook for his support of this legislation.
I would like to thank Chairman Bishop and Ranking Member Grijalva for
their work to bring this noncontroversial bill to the floor before the
end of the summer. I look forward to working together in the future on
additional legislation to provide our tribal nations with the tools to
create their own economic opportunity through self-determination and
self-governance.
I urge my colleagues to come together, once again, and pass this
commonsense bill that will create jobs and spur economic development
for the Morongo Tribe and the city of Banning. Vote ``yes'' on H.R.
387.
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. Ruiz) that the House suspend the rules
and pass the bill, H.R. 387.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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