[House Report 108-185]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-185

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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

                                _______
                                

 June 26, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany H.R. 74]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 74) 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 H.R. 74 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

    H.R. 74 conveys for no consideration a 24.3-acre parcel of 
National Forest System land in the Lake Tahoe Basin Management 
Unit to the Secretary of the Interior in trust for the Washoe 
Tribe of Nevada and California. Use of the land, located on the 
shore of Lake Tahoe (Nevada), would be restricted to 
traditional and customary uses of the Tribe.
    The concept of transferring land on Lake Tahoe for the 
Tribe's cultural purposes was ratified by a group of Federal, 
State, and local government leaders in 1997. The Tribe's 
ancestral homeland includes a 5,000-square-mile area in and 
around the Lake Tahoe Basin, but it currently owns no land in 
the Lake Tahoe Basin Management Unit. 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.
    Under this bill, permanent residential or recreational 
development or commercial use of the land is forbidden. 
Violation of this condition results in a reversion of the 
parcel to the Secretary of Agriculture.
    H.R. 74 reserves to the United States an easement on the 
parcel for public and administrative access to adjacent 
National Forest lands. The Tribe receives a reciprocal easement 
permitting vehicular access to the parcel over a forest 
development road for safety and administrative purposes, and to 
assist tribal members who could not easily gain access to their 
land by foot.
    H.R. 74 does not affect current law. Similar or identical 
bills were passed in the 106th Congress. In the 107th Congress, 
Senate hearings were held on identical legislation, which was 
passed by the Senate and then reported by the House Resources 
Committee. No further action occurred.

                            COMMITTEE ACTION

    H.R. 74 was introduced on January 7, 2003, by Congressman 
Jim Gibbons (R-NV). The bill was referred to the Committee on 
Resources. On June 11, 2003, the Full Resources Committee met 
to consider the bill. H.R. 74 was ordered favorably reported to 
the House of Representatives, without amendment, 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

    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.
    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.
    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.
    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, June 16, 2003.
Hon. Richard Pombo,
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. 74, 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,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 74--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 H.R. 74 would have no significant impact on 
the Federal budget. The legislation would not affect direct 
spending or revenues. H.R. 74 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. 74 would direct the Secretary of 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. H.R. 74 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.

                    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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