[Senate Report 107-191]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 468
107th Congress                                                   Report
                                 SENATE
 2d Session                                                     107-191

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                  WASHOE INDIAN TRIBE LAND CONVEYANCE

                                _______
                                

                 June 28, 2002.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 691]

    The Committee on Energy and Natural Resources, to which 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, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

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

                          BACKGROUND AND NEED

    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.

                          LEGISLATIVE HISTORY

    S. 691 was introduced by Senators Reid and Ensign on April 
4, 2001. During the 106th Congress, a similar bill (S. 2751) 
passed the Senate. The Subcommittee on Public Lands and Forests 
held a hearing on S. 691 on November 27, 2001. The Committee on 
Energy and Natural Resources ordered the bill favorably 
reported at its business meeting on June 5, 2002.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on June 5, 2002, by a voice vote of a 
quorum present, recommends that the Senate pass S. 691.

                      SECTION-BY-SECTION ANALYSIS

    Section 1(a) contains congressional findings.
    Subsection (b) lists the purposes of the Act.
    Subsection (c) directs the Secretary of Agriculture, 
subject to valid existing rights, an access easement and other 
use limitations, to transfer 24.3 acres of lands administered 
by the Forest Service within the Lake Tahoe Basin Management 
unit to the Washoe Tribe.
    Subsection (d) describes the access easement reserved in 
subsection (c).
    Subsection (e) requires the Tribe to limit the use of the 
land to traditional and customary uses and to prohibit 
development or commercial use of the site, including gaming. 
The Tribe is also requiredto comply with environmental 
requirements that are no less protective than those which apply under 
the Tahoe Regional Plan. Finally, the subsection includes a reversal to 
the Secretary of Agriculture if the Tribe has used the land in 
violation of the restrictions listed in this Act.
    The bill provides an easement to the United States over a 
portion of the conveyed land for public and nonexclusive access 
over a Forest Development Road. The bill also grants a 
reciprocal easement to the Tribe for vehicular access along the 
road for administration and safety purposes.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of the costs of this measure has 
been provided by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 11, 2002.
Hon. Jeff Bingaman,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 691, a bill 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,
                                        Steven M. Lieberman
                                    (For Dan L. Crippen, Director).
    Enclosures.

S. 691--A bill 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 bill 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. The bill 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.
    The CBO staff contact for this estimate is Megan Carroll. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 691. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 691.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Forest Service at the 
Subcommittee hearing follows:

  Statement of Abigail Kimbell, Acting Associate Deputy Chief, Forest 
                   Service, Department of Agriculture

    Mr. Chairman and members of the subcommittee, thank you for 
the opportunity to appear before you today. I am Abigail 
Kimbell, Acting Associate Deputy Chief for the National Forest 
System, USDA Forest Service. I am testifying today on S. 691, a 
bill 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.
    The Department supports and is facilitating the use by the 
Washoe Tribe of their historical lands for the purposes 
identified in S. 691. However, the Administration has not 
completed its review of the bill. Once this review is 
completed, we will provide the Committee with a formal position 
on the bill. Until that time, we strongly urge deferral on 
further action.
    S. 691 directs the Secretary of Agriculture to convey 24.3 
acres of national forest system land within the Lake Tahoe 
Basin Management Unit to the Secretary of the Interior to be 
held in trust for the Washoe Indian Tribe of Nevada and 
California. The conveyance would be subject to a reservation of 
a non-exclusive easement on a forest road to continue public 
and administrative access to adjacent national forest system 
land. In addition, the bill would grant vehicular access over a 
forest road to the parcel by tribal members under certain 
circumstances. The transfer would occur without consideration.
    S. 691 limits the use of the land by the Washoe Tribe to 
traditional and customary uses, prohibits permanent residential 
or recreational development, prohibits commercial development, 
and requires compliance with environmental standards. The bill 
provides for reversion of the interest to the Secretary of 
Agriculture should the tribe violate the use restrictions.
    The Administration has not completed its review of S. 691. 
We recognize that American Indians have special religious and 
cultural ties to large areas of the Federal lands, and we 
recognize moral and legal responsibilities to provide access 
and use for religious and cultural purposes. These 
responsibilities are addressed in several Federal laws 
including the American Indian Religious Freedom Act, the 
Archaeological Resources Protection Act and others.
    At present, the Washoe Tribe holds a special use permit 
with the Forest Service for the uses described in Section 
1(b)(2). These uses have been analyzed and approved through our 
special use permitting process and appear to meet the needs of 
the Tribe. In addition, consideration of fair market value for 
the conveyance and reversionary interests are concerns 
identified by the Department in its preliminary review of this 
bill. We plan to conduct a more thorough review of the language 
over the next few weeks, to consult with the Department of the 
Interior, and explore additional options. Once that review is 
completed, we would like to work with the Committee and the 
bill's sponsors to resolve concerns that our review might 
identify.
    Mr. Chairman, we look forward to working with you and other 
members of the Committee on these important issues. This 
concludes my testimony. I would be happy to answer any 
questions that you may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill S. 691, as ordered 
reported.

                                  
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