[House Report 113-606]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-606
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ECONOMIC DEVELOPMENT THROUGH TRIBAL LAND EXCHANGE ACT
_______
September 19, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4867]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4867) to provide for certain land to be taken
into trust for the benefit of Morongo Band of Mission Indians,
and for other purposes, 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:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Development Through Tribal
Land Exchange Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Banning.--The term ``Banning'' means the City of Banning,
which is located in Riverside County, California adjacent to
the Morongo Indian Reservation.
(2) Fields.--The term ``Fields'' means Lloyd L. Fields, the
owner of record of Parcel A.
(3) Map.--The term ``map'' means the map entitled `Morongo
Indian Reservation, County of Riverside, State of California
Land Exchange Map', and dated May 22, 2014, which is on file in
the Bureau of Land Management State Office in Sacramento,
California.
(4) Parcel a.--The term ``Parcel A'' means the approximately
41.15 acres designated on the map as ``Fields lands''.
(5) Parcel b.--The term ``Parcel B'' means the approximately
41.15 acres designated on the map as ``Morongo lands''.
(6) Parcel c.--The term ``Parcel C'' means the approximately
1.21 acres designated on the map as ``Banning land''.
(7) Parcel d.--The term ``Parcel D'' means the approximately
1.76 acres designated on the map as ``Easement to Banning''.
(8) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(9) Tribe.--The term ``Tribe'' means the Morongo Band of
Mission Indians, a federally recognized Indian tribe.
SEC. 3. TRANSFER OF LANDS; TRUST LANDS, EASEMENT.
(a) Transfer of Parcel A and Parcel B and Easement Over Parcel D.--
Subject to any valid existing rights of any third parties and to legal
review and approval of the form and content of any and all instruments
of conveyance and policies of title insurance, upon receipt by the
Secretary of confirmation that Fields has duly executed and deposited
with a mutually acceptable and jointly instructed escrow holder in
California a deed conveying clear and unencumbered title to Parcel A to
the United States in trust for the exclusive use and benefit of the
Tribe, and upon receipt by Fields of confirmation that the Secretary
has duly executed and deposited into escrow with the same mutually
acceptable and jointly instructed escrow holder a patent conveying
clear and unencumbered title in fee simple to Parcel B to Fields and
has duly executed and deposited into escrow with the same mutually
acceptable and jointly instructed escrow holder an easement to the City
for a public right-of-way over Parcel D, the Secretary shall instruct
the escrow holder to simultaneously cause--
(1) the patent to Parcel B to be recorded and issued to
Fields;
(2) the easement over Parcel D to be recorded and issued to
the City; and
(3) the deed to Parcel A to be delivered to the Secretary,
who shall immediately cause said deed to be recorded and held
in trust for the Tribe.
(b) Transfer of Parcel C.--After the simultaneous transfer of parcels
A, B, and D under subsection (a), upon receipt by the Secretary of
confirmation that the City has vacated its interest in Parcel C
pursuant to all applicable State and local laws, the Secretary shall
immediately cause Parcel C to be held in trust for the Tribe subject
to--
(1) any valid existing rights of any third parties; and
(2) legal review and approval of the form and content of any
and all instruments of conveyance.
PURPOSE OF THE BILL
The purpose of H.R. 4867 is to provide for certain land to
be taken into trust for the benefit of Morongo Band of Mission
Indians.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4867 authorizes a land exchange in the State of
California involving the Morongo Band of Mission Indians, the
City of Banning, and non-Indian landowner Lloyd A. Fields of
Beverly Hills. The purpose of the exchange is to consolidate in
tribal ownership a partially checker-boarded area within the
Morongo Reservation containing land currently owned by Mr.
Fields. In exchange, the tribe shall convey to Fields a parcel
of land on the edge of the reservation affording him suitable
accessibility for economic and other uses. Under the bill,
several public easements will be provided to the City of
Banning for various public purposes.
The Morongo Reservation, situated 80 miles east of Los
Angeles on Interstate 10, was initially established by
Executive Orders in 1876 and 1881. Pursuant to the Act of March
1, 1907, certain lands were patented to the tribe. More than
30,000 acres in size today, the Morongo Reservation contains
several checker-boarded sections adjacent to the City of
Banning.
A number of years ago a private landowner, a businessman
from Beverly Hills named Lloyd Fields, acquired a 41-acre
parcel of land near I-10. The tribe subsequently acquired the
lands surrounding the Fields property and added it to the
existing reservation. When Fields planned to develop his
property, a sharp dispute broke out between him, the tribe, and
the City of Banning. The tribe erected a guard shack on the
only road providing access to the Fields property. According to
Fields, the tribe then refused reasonable access necessary for
him to build on the land. Fields sued the City of Banning over
its refusal to remove what he alleged was an illegal tribal
guard shack on a public road. The City contended that it could
not immediately remove the shack because it was unclear whether
the City's public road easement covered the portion of the road
on which the shack had been built.
Mr. Fields, the tribe, and the City of Banning resolved
their dispute by agreeing to an exchange of land and interests.
H.R. 4867 authorizes and implements the exchange.
Under H.R. 4867, the Morongo Tribe and Secretary of the
Interior are authorized to convey simple fee title to 41 acres
of land currently held in trust for the tribe to Fields. At the
same time, the Secretary is authorized to acquire the 41 acres
of fee simple land currently owned by Fields within the
reservation, and such land shall be placed in federal trust for
the benefit of the tribe. The bill additionally authorizes the
City and tribe to exchange small parcels of lands and public
easements (concerning less than two acres) to consolidate the
reservation and to meet public needs of the City. All lands and
interests are described in a map referenced in the bill,
prepared by the Bureau of Land Management. (Under an amendment
offered by Congressman Don Young and adopted by the Committee,
the map referenced in the bill is replaced with a newer, more
detailed map approved by the parties to the exchange).
To ensure the exchange is executed under the terms and
conditions agreed to by the parties, the bill provides that an
escrow holder shall accept and convey the deeds to the exchange
lands currently owned by the tribe and Fields.
H.R. 4867 was referred to the Subcommittee on Indian and
Alaska Native Affairs and to the Subcommittee on Public Lands
and Environmental Regulation. On July 15, 2014, the
Subcommittee on Indian and Alaska Native Affairs held a hearing
on H.R. 4867. In the hearing, a witness for the Department of
the Interior testified in support of H.R. 4867. No objections
to the bill have come to the attention of the Committee.
COMMITTEE ACTION
H.R. 4867 was introduced on June 12, 2014, by Congressman
Raul Ruiz (D-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the
Subcommittees on Indian and Alaska Native Affairs and Public
Lands and Environmental Regulation. On July 15, 2014, the
Subcommittee on Indian and Alaska Native Affairs held a hearing
on the bill. On July 30, 2014, the Full Natural Resources
Committee met to consider the bill. The Subcommittees on Indian
and Alaska Native Affairs and Public Lands and Environmental
Regulation were discharged by unanimous consent. Congressman
Don Young (R-AK) offered an amendment designated #1 to the
bill; the amendment was adopted by unanimous consent. No
further amendments were offered, and the bill, as amended, was
adopted and 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 Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 4867--Economic Development Through Tribal Land Exchange Act
H.R. 4867 would authorize the exchange of interests in
lands between the Morongo Band of Mission Indians, a private
land owner, and the city of Banning, California. Because the
tribal lands are held in trust by the federal government for
the benefit of the tribe, the tribe needs Congressional
authorization to enter into the land exchange. CBO estimates
that implementing the bill would have no significant effect on
the federal budget. Enacting H.R. 4867 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 4687 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of 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, credit authority, or an increase or decrease in
revenues or tax expenditures. CBO estimates that implementing
the bill would have no significant effect on the federal
budget.
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 certain land to be
taken into trust for the benefit of Morongo Band of Mission
Indians.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.