[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.

                                  
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