[House Report 107-679]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-679

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 AUTHORIZING LEASES FOR TERMS NOT TO EXCEED 99 YEARS ON LANDS HELD IN 
     TRUST FOR THE YUROK TRIBE AND THE HOPLAND BAND OF POMO INDIANS

                                _______
                                

 September 24, 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 H.R. 5108]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 5108) to authorize leases for terms not to exceed 99 
years on lands held in trust for the Yurok Tribe and the 
Hopland Band of Pomo Indians, having considered the same, 
report favorably thereon without amendment and recommend that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 5108, is to authorize leases for terms 
not to exceed 99 years on lands held in trust for the Yurok 
Tribe and the Hopland Band of Pomo Indians.

                  Background and Need for Legislation

    H.R. 5108 will allow two California tribes to enter into 
long-term leases on land held in trust for the tribes. This 
authority has been granted to many other tribes in the past to 
help promote economic development and to advance Native 
American self-determination.
    More often than not, tribal projects involve the leasing of 
the reservation lands held in trust by the federal government 
for the benefit of the tribes. For the majority of tribes in 
the country, the maximum allowable term for a federally-
approved land lease cannot exceed a 25 years, with a second 
optional 25-year renewal. This 25-year statutory limit is a 
barrier to many federally recognized Indian tribes, including 
the Yuroks and the Hopland Band of Pomo Indians, that are 
struggling to enhance economic development opportunities and 
gain access to capital markets.
    H.R. 5108 will assist the Yurok Tribe and the Hopland Band 
of Pomo Indians in their continued efforts toward adequate 
housing, commercial development, economic diversity, and self-
determination. Neighboring reservation communities will also 
benefit from continued growth in the Tribal economies, the 
expansion of employment, housing, and educational 
opportunities.

                            Committee Action

    H.R. 5108 was introduced on July 11, 2002, by Congressman 
Mike Thompson (D-CA). The bill was referred to the Committee on 
Resources. On September 12, 2002, the full Resources Committee 
met to consider the bill. No amendments were offered and the 
bill was then 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 20, 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 H.R. 5108, a bill to 
authorize leases for terms not to exceed 99 years on lands held 
in trust for the Yurok Tribe and the Hopland Band of Pomo 
Indians.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Lanette J. 
Walker.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 5108--A bill to authorize leases for terms not to exceed 99 years 
        on lands held in trust for the Yurok Tribe and the Hopland Band 
        of Pomo Indians

    CBO estimates the enacting H.R. 5108 would have no 
significant impact on the federal budget. Because enactment of 
H.R. 5108 would not affect direct spending or receipts, pay-
you-go procedures would apply. The bill 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.
    H.R. 5108 would add lands held in trust for the Yurok Tribe 
and the Hopland Band of Pomo Indians to the list of lands that 
could be leased for up to 99 years. Under current law, these 
tribes may only enter into leases on lands in trust that do not 
exceed 25 years. Based on information provided by the Bureau Of 
Indian Affairs, CBO expects that implementing this change in 
lease terms could result in a small administrative cost savings 
to that agency because of less frequent lease renewals. 
However, CBO estimates that any such savings would be less than 
%500,000 a year over the 2003-2007 period.
    The CBO staff contact for this estimate is Lanette J. 
Walker. 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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                 SECTION 1 OF THE ACT OF AUGUST 9, 1955


AN ACT To authorize the leasing of restricted Indian lands for public, 
religious, educational, recreational, residential, business, and other 
           purposes requiring the grant of long-term leases.

  Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a) 
any restricted Indian lands, whether tribally or individually 
owned, may be leased by the Indian owners, with the approval of 
the Secretary of the Interior, for public, religious, 
educational, recreational, residential, or business purposes, 
including the development or utilization of natural resources 
in connection with operations under such leases, for grazing 
purposes, and for those farming purposes which require the 
making of a substantial investment in the improvement of the 
land for the production of specialized crops as determined by 
said Secretary. All leases so granted shall be for a term of 
not to exceed twenty-five years, except leases of land located 
outside the boundaries of Indian reservations in the State of 
New Mexico, leases of land on the Agua Caliente (Palm Springs) 
Reservation, the Dania Reservation, the Pueblo of Santa Ana 
(with the exception of the lands known as the ``Santa Ana 
Pueblo Spanish Grant''), the reservation of the Confederated 
Tribes of the Warm Springs Reservation of Oregon, the Moapa 
Indian reservation, the Swinomish Indian Reservation, the 
Southern Ute Reservation, the Fort Mojave Reservation, the 
Burns Paiute Reservation, the Kalispel Indian Reservation, the 
pueblo of Cochiti, the pueblo of Pojoaque, the pueblo of 
Tesuque, the pueblo of Zuni, the Hualapai Reservation, the 
Spokane Reservation, the San Carlos Apache Reservation, 
Yavapai-Prescott Community Reservations, the Pyramid Lake 
Reservation, the Gila River Reservation, the Soboba Indian 
Reservation, the Viejas Indian Reservation, the Tulalip Indian 
Reservation, the Navajo Reservation, the Cabazon Indian 
Reservation, the Mille Lacs Reservation with respect to a lease 
between an entity established by the Mille Lacs Band of 
Chippewa Indians and the Minnesota Historical Society, leases 
of lands comprising the Moses Allotment Numbered 10, Chelan 
County, Washington,, and lands held in trust for the Las Vegas 
Paiute Tribe of Indians, and lands held in trust for the 
Twenty-nine Palms Band of Luiseno Mission Indians, and lands 
held in trust for the Reno Sparks Indian Colony, lands held in 
trust for the Torres Martinez Desert Cahuilla Indians, lands 
held in trust for the Guidiville Band of Pomo Indians of the 
Guidiville Indian Rancheria, lands held in trust for the 
Confederated Tribes of the Umatilla Indian Reservation, lands 
held in trust for the Confederated Tribes of the Warm Springs 
Reservation of Oregon, lands held in trust for the Cherokee 
Nation of Oklahoma, lands held in trust for the Pueblo of Santa 
Clara, lands held in trust for the Yurok Tribe, lands held in 
trust for the Hopland Band of Pomo Indians of the Hopland 
Rancheria, lands held in trust for the Confederated Tribes of 
the Colville Reservation, lands held in trust for the Cahuilla 
Band of Indians of California, lands held in trust for the 
confederated Tribes of the Grand Ronde Community of Oregon, and 
the lands held in trust for the Confederated Salish and 
Kootenai Tribes of the Flathead Reservation, Montana, and 
leases to the Devils Lake Sioux Tribe, or any organization of 
such tribe, of land on the Devils Lake Sioux Reservation, which 
may be for a term of not to exceed ninety-nine years, and 
except leases of land for grazing purposes which may be for a 
term not to exceed ten years. Leases for public, religious, 
educational, recreational, residential, or business purposes 
with the consent of both parties may include provisions 
authorizing their renewal for one additional term of not to 
exceed twenty-five years, and all leases and renewals shall be 
made under such terms and regulations as may be prescribed by 
the Secretary of the Interior. Prior to approval of any lease 
or extension of an existing lease pursuant to this section, the 
Secretary of the Interior shall first satisfy himself that 
adequate consideration has been given to the relationship 
between the use of the leased lands and the use of neighboring 
lands; the height, quality, and safety of any structures or 
other facilities to be constructed on such lands; the 
availability of police and fire protection and other services; 
the availability of judicial forums for all criminal and civil 
causes arising on the leased lands; and the effect on the 
environment of the uses to which the leased lands will be 
subject.

                                
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