[House Report 105-575]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     105-575
_______________________________________________________________________


 
                  CALIFORNIA INDIAN LAND TRANSFER ACT
_______________________________________________________________________


 June 10, 1998.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2742]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2742) to provide for the transfer of public lands to 
certain California Indian Tribes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

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 States for the benefit of such tribe, band, or group.
  (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 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.--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 enactment of this 
Act.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2742 is to provide for the transfer of 
public lands to certain California Indian Tribes.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2742, the California Indian Land Transfer Act, would 
transfer eight parcels of excess Bureau of Land Management land 
(3,525.8 acres) to eight Indian tribes located within the State 
of California. Provisions are contained in the bill which would 
ensure that any rents and royalties from the lands in question 
accruing to the federal government after the date of enactment 
of H.R. 2742 are made available to the appropriate tribe.

                            COMMITTEE ACTION

    H.R. 2742 was introduced on October 24, 1997, by 
Congressman Don Young (R-AK). The bill was referred to the 
Committee on Resources. On March 17, 1998, the Committee held a 
hearing on H.R. 2742, where the Administration testified in 
support of the legislation. On May 20, 1998, the Full Resources 
Committee met to consider H.R. 2742. An amendment to make 
certain technical corrections to the bill, to delete certain 
unnecessary language, to add a provision which would terminate 
grazing preferences two years after the date of enactment of 
H.R. 2742, and, at Congressman John T. Doolittle's (R-CA) 
request, to delete two tribes, the Bridgeport Paiute Indian 
Colony and the Utu Utu Gwaitu Paiute Tribe, from the bill was 
offered by Congressman Young of Alaska and adopted by voice 
vote. The bill as amended was then ordered favorably reported 
to the House of Representatives by voice vote.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    With respect to the requirements of clause 2(l)(3) of Rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(l) of Rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8, and Article IV, section 3 of the 
Constitution of the United States grant Congress the authority 
to enact H.R. 2742.

                        COST OF THE LEGISLATION

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2742. However, clause 7(d) of that Rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     COMPLIANCE WITH HOUSE RULE XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
Rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2742 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in tax 
expenditures. According to the Congressional Budget Office, 
enactment of H.R. 2742 would affect direct spending by 
resulting in a small loss of offsetting receipts, but the 
effect on offsetting receipts would be ``negligible.''
    2. With respect to the requirement of clause 2(l)(3)(D) of 
Rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2742.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
Rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2742 from the Director of the Congressional Budget Office.

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 8, 1998.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2742, the 
California Indian Land Transfer Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kristen 
Kayman.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 2742--California Indian Land Transfer Act

    CBO estimates that enacting this bill would have no 
significant impact on the federal budget. Enacting H.R. 2742 
would affect direct spending by resulting in a small loss in 
offsetting receipts; therefore, pay-as-you-go procedures would 
apply to the bill. However, we estimate that the effect on 
offsetting receipts would be negligible.
    H.R. 2742 would transfer a total of 4,526 acres of federal 
land in California into trust for various Indian tribes. The 
bill would terminate grazing privileges two years after its 
enactment. At that time, tribes would be able to renegotiate 
the grazing permits. The bill stipulates that all receipts 
collected from use of the land after enactment be made 
available to the tribes. Based on information from the Bureau 
of Land Management, CBO estimates that the loss to the federal 
government of existing grazing receipts would be less than $50 
annually. There are no other receipt-generating activities 
associated with the land, and the agency has no plan to sell 
the land. Any discretionary costs associated with the transfer 
of the land would be minimal.
    H.R. 2742 would impose no private-sector or 
intergovernmental mandates as defined in the Unfunded Mandates 
Reform Act and would impose no significant costs on state, 
local, or tribal governments.
    The CBO staff contact is Kristen Layman. This estimate was 
approved by Paul N. Van de Water, Assistant Director for Budget 
Analysis.

                    compliance with public law 104-4

    H.R. 2742 contains no unfunded mandates.

                        changes in existing law

    If enacted, H.R. 2742 would make no changes in existing 
law.

                                
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