[House Report 110-611]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-611

======================================================================



 
  PROVIDING FOR EXTENSIONS OF LEASES OF CERTAIN LAND BY MASHANTUCKET 
                         PEQUOT (WESTERN) TRIBE

                                _______
                                

 April 29, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2457]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (S. 2457) to provide for extensions of leases of 
certain land by the Mashantucket Pequot (Western) Tribe, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 2457 is to provide for extensions of 
leases of certain land by the Mashantucket Pequot (Western) 
Tribe.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Mashantucket Pequot Tribe currently has the authority 
to enter into leases on trust or restricted lands within the 
boundaries of its reservation for a term of 25 years with no 
option to renew. In an effort to diversify their economy, the 
Tribe is currently engaged in discussions with prospective 
partners to expand the hotel and retail businesses at their 
Foxwoods Resort. The Tribe's financial adviser has advised the 
Tribe that lenders will not finance the development of a new 
hotel and retail stores unless the lease term is greater than 
fifty years.

                            COMMITTEE ACTION

    S. 2457 was introduced on December 12, 2007 by Senator 
Joseph Lieberman (ID-CT). On February 5, 2008, the bill passed 
the Senate with an amendment by unanimous consent. S. 2457 was 
received in the House and referred to the Committee on Natural 
Resources on February 7, 2008. On April 9, 2008, the Committee 
on Natural Resources held a hearing on S. 2457. The Committee 
on Natural Resources held a mark-up session on the bill on 
April 17, 2008, and ordered the bill favorably reported to the 
House of Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Extensions of leases of certain land by Mashantucket Pequot 
        (Western) Tribe

    Section 1(a) provides that any lease of restricted land of 
the Mashantucket Pequot (Western) Tribe entered into by its 
tribal corporation may include an option to renew the lease for 
not more than two additional terms of up to 25 years each.
    Section 1(b) provides that the United States shall not be 
liable to any party for any loss resulting from a renewal of a 
lease entered into pursuant to subsection (a).
    Section 1(c) prohibits any entity from conducting gaming 
activity on any land that is leased with an option to renew 
under this Act.

            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 Natural 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. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to provide for extensions of leases 
of certain land by the Mashantucket Pequot (Western) Tribe.
    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:

S. 2457--An act to provide for extensions of leases of certain land by 
        Mashantucket Pequot (Western) Tribe

    S. 2457 would authorize the Mashantucket Pequot (Western) 
Tribe to lease certain lands to private entities for up to 75 
years, rather than 25 years as under current law. The extension 
of lease terms would not require approval by the Secretary of 
the Interior. The legislation also would prohibit gaming 
activities on such lands. Based on information from the Bureau 
of Indian Affairs, CBO estimates that implementing S. 2457 
would have no significant effect on the federal budget. 
Enacting S. 2457 would not affect direct spending or revenues.
    S. 2457 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.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Peter H. Fontaine, Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    S. 2457 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                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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