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109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-557

======================================================================
 
TO PROVIDE FOR CERTAIN LANDS TO BE HELD IN TRUST FOR THE UTU UTU GWAITU 
                              PAIUTE TRIBE

                                _______
                                

 July 13, 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. 854]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 854) to provide for certain lands to be held in trust for 
the Utu Utu Gwaitu Paiute 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:

SECTION 1. LANDS TO BE HELD IN TRUST.

      (a) In General.--Subject to valid existing rights, all right, 
title, and interest of the United States in and to the lands, including 
improvements and appurtenances, described in subsection (b) are hereby 
declared to be held in trust by the United States for the benefit of 
the Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation.
      (b) Land Description.--The lands to be held in trust pursuant to 
subsection (a) are the approximately 240 acres described as follows: 
Mount Diablo Base and Meridian, Township 2 South, Range 31 East Section 
11: SE\1/4\ and E\1/2\ of SW\1/4\.
      (c) Gaming Restriction.--Lands taken into trust pursuant to 
subsection (a) shall not be considered to have been taken into trust 
pursuant to subsection (a) for, class II gaming or class III gaming (as 
those terms are used in the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.)).

                          PURPOSE OF THE BILL

    The purpose of H.R. 854 would be to provide for certain 
lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe.

                  BACKGROUND AND NEED FOR LEGISLATION

    The purpose of this legislation is to transfer 240 acres of 
land from the Bureau of Land Management (BLM) and place that 
land into trust for the benefit of the Utu Utu Gwaitu Paiute 
Tribe. The 240 acres are federal lands adjacent to the existing 
reservation that have been classified as ``suitable for 
disposal'' through the BLM land use planning process. These 
lands would specifically be used to support the Tribe's ongoing 
quest to increase economic self-sufficiency.
    The Tribe's Benton Paiute Indian Reservation is located 
approximately 40 miles northeast of Bishop, California. The 240 
acres proposed for transfer would be used specifically to build 
additional tribal housing units, a health clinic, fire station, 
police station and an industrial park for manufacturing 
businesses. H.R. 854 would add a significant portion of land to 
the Tribe's small, remote reservation footprint. Currently, 
there is not enough reservation land to house tribal members or 
support any form of economic diversification.

                            COMMITTEE ACTION

    H.R. 854 was introduced on February 16, 2005, by 
Representative Howard P. ``Buck'' McKeon (R-CA). The bill was 
referred to the Committee on Resources. On June 21, 2006, the 
Full Resources Committee met to consider the bill. Chairman 
Richard Pombo (R-CA) offered an amendment in the nature of a 
substitute with technical changes and added a no-gaming 
restriction on the relevant acreage. 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 IV, section 3, clause 2 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. 854--A bill to provide for certain lands to be held in trust for 
        the Utu Utu Gwaitu Paiute Tribe

    CBO estimates that enacting H.R. 854 would have no 
significant impact on the federal budget. H.R. 854 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act. This legislation would impose no 
significant costs on state, local, or tribal governments and 
would benefit the Utu Utu Gwaitu Paiute Tribe.
    H.R. 854 would direct the Secretary of the Interior to give 
approximately 240 acres of federal land in California to the 
Benton Paiute Reservation to be held in trust by the United 
States on behalf of the Utu Utu Gwaitu Paiute Tribe. According 
to the Department of the Interior, the land to be conveyed 
currently generates no receipts from mineral leasing or other 
activities and is not expected to do so during the next 10 
years. Hence, CBO estimates that conveying the land would not 
significantly affect offsetting receipts (a credit against 
direct spending).
    The CBO staff contact for this estimate is Gregory Waring. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistance 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.