[House Report 107-664]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-664

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TO DIRECT THE SECRETARY OF AGRICULTURE TO CONVEY CERTAIN LAND IN THE 
  LAKE TAHOE BASIN MANAGEMENT UNIT, NEVADA, TO THE SECRETARY OF THE 
  INTERIOR, IN TRUST FOR THE WASHOE INDIAN TRIBE OF NEVADA AND 
  CALIFORNIA 

                                _______
                                

 September 19, 2002.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 691]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(S. 691) to direct the Secretary of Agriculture to convey 
certain land in the Lake Tahoe Basin Management Unit, Nevada, 
to the Secretary of the Interior, in trust for the Washoe 
Indian Tribe of Nevada and California, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 691 is to direct the Secretary of 
Agriculture to convey certain land in the Lake Tahoe Basin 
Management Unit, Nevada, to the Secretary of the Interior, in 
trust for the Washoe Indian Tribe of Nevada and California.

                  BACKGROUND AND NEED FOR LEGISLATION

    S. 691 is intended to provide the Washoe Tribe of Nevada 
and California access to the shore of Lake Tahoe to support 
traditional and cultural uses. The Washoe Tribe's ancestral 
homeland includes over 5,000 square miles in the vicinity of 
the Lake Tahoe basin. The Tribe historically gathered along the 
shore of Lake Tahoe for activities such as spiritual renewal, 
land stewardship, traditional learning, and reunification of 
tribal and family bonds.
    The concept of providing the Washoe Tribe with access to 
the shore of Lake Tahoe was ratified by a group of federal, 
State and local government leaders who gathered at a 1997 
Presidential Forum to discuss the future of Lake Tahoe. Goals 
and an action plan developed during the Lake Tahoe Forum became 
``Presidential Forum Deliverables.'' These Deliverables include 
a commitment to provide the Washoe Tribe access to the shore of 
Lake Tahoe for traditional and cultural purposes.

                            COMMITTEE ACTION

    S. 691 was introduced on April 4, 2001, by Senator Harry 
Reid (D-NV). The bill passed the Senate by unanimous consent on 
August 1, 2002. S. 691 was referred to the House Committee on 
Resources. On September 12, 2002, the Full Resources Committee 
met to consider the bill. No amendments were offered and the 
bill was ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII 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 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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 this bill. However, clause 3(d)(3)(B) 
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 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII 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 this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 17, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 691, an act to 
direct the Secretary of Agriculture to convey certain land in 
the Lake Tahoe Basin Management Unit, Nevada, to the Secretary 
of the Interior, in trust for the Washoe Indian Tribe of Nevada 
and California.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 691--An act to direct the Secretary of Agriculture to convey certain 
        land in the Lake Tahoe Basin Management Unit, Nevada, to the 
        Secretary of the Interior, in trust for the Washoe Indian Tribe 
        of Nevada and California

    Based on information from the Forest Service, CBO estimates 
that implementing S. 691 would have no significant impact on 
the federal budget. The legislation would not affect direct 
spending or receipts; therefore, pay-as-you-go procedures would 
not apply. S. 691 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    S. 691 would direct the Secretary of the Agriculture to 
convey, without consideration, about 24 acres of national 
forest system land within the Lake Tahoe Basin Management Unit 
to the Secretary of the Interior, to be taken into trust on 
behalf of the Washoe Indian Tribe of Nevada and California. 
According to the Forest Service, the lands to be conveyed 
currently generate no receipts and are not expected to over the 
next 10 years. The Secretary of Agriculture would retain an 
easement to provide for access to federal lands adjacent to 
those that would be conveyed. S. 691 outlines conditions for 
the tribe's use of the conveyed lands and specifies that 
ownership of the lands would revert back to the Secretary of 
Agriculture if the tribe violates those conditions.
    On June 11, 2002, CBO transmitted a cost estimate for S. 
691 as ordered reported by the Senate Committee on Energy and 
Natural Resources on June 5, 2002. The two versions of the 
legislation are identical, and our cost estimates are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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