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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
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
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.
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
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
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
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
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
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing