[House Report 109-422]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-422
======================================================================
TO DIRECT THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN TRIBALLY-OWNED
RESERVATION LAND INTO TRUST FOR THE PUYALLUP TRIBE
_______
April 25, 2006.--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. 374]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 374) to direct the Secretary of the Interior to take
certain tribally-owned reservation land into trust for the
Puyallup Tribe, 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 all after the enacting clause and insert the
following:
SEC. 1. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT.
(a) In General.--The Secretary of the Interior shall--
(1) accept the conveyance of the parcels of land within the
Puyallup Reservation described in subsection (b); and
(2) hold the land in trust for the benefit of the Puyallup
Indian tribe.
(b) Land Description.--The parcels of land referred to in
subsection (a) are as follows:
(1) Parcel a.--Lot B, boundary line adjustment 9508150496, as
depicted on the map dated August 15, 1995, held in the records
of the Pierce County Auditor, situated in the city of Fife,
county of Pierce, State of Washington.
(2) Parcel b.--
(A) In general.--Parcel B shall be comprised of land
situated in the city of Fife, county of Pierce, State
of Washington, more particularly described as follows:
(i) Lots 3 and 4, Pierce County Short Plat
No. 8908020412, as depicted on the map dated
August 2, 1989, held in the records of the
Pierce County Auditor, together with portion of
SR 5 abutting lot 4, conveyed by the deed
recorded under Recording No. 9309070433,
described as follows:
(I) That portion of Government lot 1,
sec. 07, T. 20 N., R, 4 E., of the
Willamette Meridian, described as
commencing at Highway Engineer's
Station AL 26 6+38.0 P.O.T. on the AL26
line survey of SR 5, Tacoma to King
County line.
(II) Thence S88+54,30" E., along the
north line of said lot 1 a distance of
95 feet to the true point of beginning.
(III) Thence S01+05,30" W87.4, feet.
(IV) Thence westerly to a point
opposite Highway Engineer's Station,
AL26 5+50.6 P.O.T. on said AL26 line
survey and 75 feet easterly therefrom.
(V) Thence northwesterly to a point
opposite AL26 5+80.6 on said AL26 line
survey and 55 feet easterly therefrom.
(VI) Thence northerly parallel with
said line survey to the north line of
said lot 1.
(VII) Thence N88+54,30" E., to the
true point of beginning.
(ii) Chicago Title Insurance Company Order
No. 4293514 lot A boundary line adjustment
recorded under Recording No. 9508150496, as
depicted on the map dated August 15, 1995, held
in the records of the Pierce County Auditor.
(B) Exclusion.--Excluded from Parcel B shall be that
portion of lot 4 conveyed to the State of Washington by
deed recorded under recording number 9308100165 and
more particularly described as follows:
(i) Commencing at the northeast corner of
said lot 4.
(ii) Thence N89+53,30" W., along the north
line of said lot 4 a distance of 147.44 feet to
the true point of beginning and a point of
curvature.
(iii) Thence southwesterly along a curve the
left, the center of which bears S0+06,30" W.,
55.00 feet distance, through a central angle of
89+01,00", an arc distance of 85.45 feet.
(iv) Thence S01+05,30" W., 59.43 feet.
(v) Thence N88+54,30" W., 20.00 feet to a
point on the westerly line of said lot 4.
(vi) Thence N0+57,10" E., along said westerly
line 113.15 feet to the northwest corner of
said lot 4.
(vii) Thence S89+53,30" east along said north
line, a distance of 74.34 feet to the true
point of beginning.
(3) Additional lots.--Any lots acquired by the Puyallup
Indian tribe located in block 7846, 7850, 7945, 7946, 7950,
8045, or 8049 in the Indian Addition to the city of Tacoma,
State of Washington.
PURPOSE OF THE BILL
The purpose of H.R. 374 is to direct the Secretary of the
Interior to take certain tribally-owned reservation land into
trust for the Puyallup Tribe.
BACKGROUND AND NEED FOR LEGISLATION
The purpose of this legislation is to expedite the fee-to-
trust process to move the location of a tribal casino owned by
the Puyallup Indian tribe in Washington State for the purposes
of complying with an agreement to expand the Port of Tacoma in
Washington. Although the Tribe could pursue the fee-to-trust
process administratively through the Department of the
Interior, the Department's lengthy application process to place
land into trust within the boundaries of a reservation risks
possible delay on port construction. By handling this process
legislatively, the Tribe accomplishes its goal in a timely
manner and allows the port project to begin immediately.
On November 16, 2004, the Port of Tacoma, the State of
Washington, the Puyallup Indian Tribe and the cities of Fife
and Tacoma all signed an agreement to pursue a major expansion
of terminal facilities at the Port of Tacoma. The signed
agreement amends the tribal gaming compact signed by the State
and the Puyallup Tribe in 1996. The new agreement allows the
Tribe to move its Emerald Queen Casino, which was affected by
the construction of the new Port of Tacoma terminal facility,
to a new location within the boundaries of the reservation. The
agreement does not increase the number of gaming locations or
type of games offered.
COMMITTEE ACTION
H.R. 374 was introduced on January 26, 2005, by Congressman
Norm Dicks (D-WA). The bill was referred to the Committee on
Resources. On March 29, 2006, the Full Resources Committee met
to consider the bill. Chairman Richard Pombo (R-CA) offered an
amendment in the nature of a substitute to replace the current
bill language with the language of its Senate counterpart, S.
1382. It was adopted by unanimous consent. The bill as amended
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:
H.R. 374--A bill to require the Secretary of the Interior to accept the
conveyance of certain land, to be held in trust for the benefit
of the Puyallup Indian tribe
H.R. 374 would require the Department of the Interior to
take into trust two parcels of land in the city of Fife,
Washington. The legislation also would require the department
to take certain additional parcels into trust, if acquired by
the tribe. Because these parcels of land would be owned by the
tribe prior to transfer and the government would incur no
significant additional costs in taking them into trust, CBO
estimates that implementing this bill would have no significant
effect on the federal budget.
H.R. 374 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
Enacting this legislation would benefit the Puyallup tribe and
several affected local governments in Washington state.
The CBO staff contact for this estimate is Mike Waters.
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 to existing
law.