[Senate Report 114-204]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 348
114th Congress     }                                    {       Report
                                 SENATE
 2d Session        }                                    {      114-204

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 TO PROVIDE FOR CERTAIN LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF 
        MORONGO BAND OF MISSION INDIANS, AND FOR OTHER PURPOSES

                                _______
                                

                January 12, 2016.--Ordered to be printed

                                _______
                                

      Mr. Barrasso, from the Senate Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany H.R 387]

    The Committee on Indian Affairs, to which was referred the 
bill (H.R. 387) 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, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                PURPOSE

    The purpose of H.R. 387 is to provide land into trust for 
the Morongo Band of Mission Indians (Morongo Tribe) and to 
address land use needs identified by a private land owner, the 
Morongo Tribe, and local government.

                          NEED FOR LEGISLATION

    The bill, H.R. 387, is needed to complete a land exchange 
between the Morongo Tribe and a private land owner. The bill 
would create certainty for land use and development in the 
region.

                               BACKGROUND

    The Morongo Tribe''s reservation is located in southern 
California and was established by Executive Orders issued on 
May 15, 1876\1\ and March 9, 1881.\2\ Today, the current 
reservation consists of approximately 32,400 acres\3\ and is 
located adjacent to the City of Banning, California.
---------------------------------------------------------------------------
    \1\Executive Order. Issued by Ulysses S. Grant, (May 15, 1876).
    \2\Executive Order. Issued by James A. Garfield, (March 9, 1881).
    \3\Tiller, Veronica E. Velarde. Tiller's guide to Indian country: 
Economic Profiles of American Indian Reservations. Edited and Compiled 
by Veronica E. Velarde Tiller. 2005 ed. Albuquerque, N.M.: Bow Arrow 
Publishing Company, c2005, 444.
---------------------------------------------------------------------------
    In 1995, a private landowner, Lloyd Fields, acquired a 41-
acre parcel of land from other non-Indian private landowners 
near Interstate 10 in Banning, California. The Morongo Tribe 
later acquired the lands surrounding the Fields property and 
added it to their existing reservation.
    When Mr. Fields planned to develop his property, disputes 
arose between him, the Tribe, and the City of Banning. All 
three parties resolved the matter by agreeing to an exchange of 
land and interests. Since the reservation lands are held in 
trust by the federal government for the benefit of the Morongo 
Tribe, Congressional action is needed to carry out the land 
exchange authorized by H.R. 387. To ensure the exchange is 
implemented 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 Morongo Tribe and Lloyd Fields.
    H.R. 387 involves four parcels of land in the State of 
California and three parties: the City of Banning, the Morongo 
Tribe, and a private land owner, Lloyd Fields.
    Parcels A and B are each 41.15 acres. Parcel A is currently 
held in fee simple by Lloyd Fields and Parcel B is held in 
trust for the Morongo Tribe. H.R. 387 would exchange Parcels A 
and B. Parcel A would be held in trust for the Morongo Tribe 
and Parcel B would become fee simple land for Lloyd Fields. 
H.R. 387 would require that an easement over Parcel D, which is 
held in trust by the federal government, will be recorded and 
issued to the City of Banning. The easement will enable the 
land owner to access utility services for his newly acquired 
parcel. Finally H.R. 387 would place Parcel C, a 1.21-acre 
parcel currently owned by the City of Banning, in trust for the 
Morongo Band of Mission Indians.

                          LEGISLATIVE HISTORY

    On January 14, 2015, H.R. 387 was introduced by 
Representative Ruiz with co-sponsors Representative Cardenas, 
Representative Cook, Representative Huffman, Representative 
LaMalfa, Representative MacArthur, and Representative Torres. 
On June 11, 2015, the House Natural Resources Committee held a 
business meeting and ordered the bill to be reported favorably 
by unanimous consent. On June 23, 2015, the bill was placed on 
the Union Calendar. On July 13, 2015, the bill was laid on the 
table and agreed to without objection by the House of 
Representatives.
    The bill was received in the Senate and referred to the 
Committee on July 14, 2015. The Committee held a legislative 
hearing on the bill on October 7, 2015. On October 21, 2015, 
the Committee held a business meeting on the bill, which was 
ordered to be reported favorably without an amendment.
    Senator Boxer introduced an identical bill, S. 175, on July 
13, 2015. Senator Moran is a co-sponsor. The bill was referred 
to the Committee.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Sec. 1. Short title

    Section 1 states that the Act may be cited as the 
``Economic Development Through Tribal Land Exchange Act.''

Sec. 2. Definitions

    Section 2 defines the parcels of land to be transferred in 
this bill in accordance with the map titled, `Morongo Indian 
Reservation, County of Riverside, State of California Land 
Exchange Map', on file at the Sacramento BLM State Office in 
Sacramento, California, dated May 22, 2014. The map identifies 
four parcels of land (Parcels A, B, C, and D).

Sec. 3. Transfer of lands; trust lands, easement

    Parcels A and B are each 41.15 acres. Parcel A is currently 
held in fee simple by Lloyd Fields and Parcel B is held in 
trust for the Morongo Tribe. H.R. 387 would exchange Parcels A 
and B. Parcel A would be held in trust for the Morongo Tribe 
and Parcel B would become fee simple land for Lloyd Fields. 
H.R. 387 would require that an easement over Parcel D, which is 
held in trust by the federal government, will be recorded and 
issued to the City of Banning. The easement will enable the 
land owner to access utility services for his newly acquired 
parcel. Finally H.R. 387 would place Parcel C, a 1.21-acre 
parcel currently owned by the City of Banning, in trust for the 
Morongo Band of Mission Indians.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated November 3, 2015, was 
prepared for H.R. 387:

                                                  November 3, 2015.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 387, the Economic 
Development Through Tribal Land Exchange Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 387--Economic development through Tribal Land Exchange Act

    H.R. 387 would authorize the exchange of interests in lands 
among 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 legislation would have no significant 
effect on the federal budget.
    Enacting H.R. 387 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 387 would not increase net direct 
spending or on-budget deficits in any of the next four 
consecutive 10-year periods beginning in 2026.
    H.R. 387 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On June 18, 2015, CBO transmitted a cost estimate for H.R. 
387 as ordered reported by the House Committee on Natural 
Resources on June 11, 2015. The two versions of the legislation 
are identical, and the estimated budgetary effects are the 
same.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding H.R. 387.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that H.R. 387 
will have a minimal impact on regulatory or paperwork 
requirements.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, there are no changes to existing 
law made by H.R. 387, as ordered reported.

                                  [all]