H. Rept. 113-195 - TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN FEDERAL LANDS LOCATED IN EL DORADO COUNTY, CALIFORNIA, INTO TRUST FOR THE BENEFIT OF THE SHINGLE SPRINGS BAND OF MIWOK INDIANS, AND FOR OTHER PURPOSES113th Congress (2013-2014)

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-195

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  TO AUTHORIZE THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN FEDERAL 
   LANDS LOCATED IN EL DORADO COUNTY, CALIFORNIA, INTO TRUST FOR THE 
  BENEFIT OF THE SHINGLE SPRINGS BAND OF MIWOK INDIANS, AND FOR OTHER 
                                PURPOSES

                                _______
                                

 September 10, 2013.--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. 2388]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2388) to authorize the Secretary of the Interior 
to take certain Federal lands located in El Dorado County, 
California, into trust for the benefit of the Shingle Springs 
Band of Miwok Indians, and for other purposes, having 
considered the same, report favorably thereon with amendments 
and recommend that the bill as amended do pass.
    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. LAND INTO TRUST FOR THE SHINGLE SPRINGS BAND OF MIWOK 
                    INDIANS.

  (a) In General.--The land described in subsection (b) is hereby taken 
into trust for the benefit of the Shingle Springs Band of Miwok 
Indians, subject to valid existing rights and management agreements 
related to easements and rights-of-way.
  (b) Land Description.--The land taken into trust pursuant to 
subsection (a) is the approximately 40.852 acres of Federal land under 
the administrative jurisdiction of the Bureau of Land Management 
identified as ``Conveyance boundary'' on the map titled ``Shingle 
Springs Land Conveyance/Draft'' and dated June 7, 2012, including 
improvements and appurtenances thereto.
  (c) Gaming.--Class II and class III gaming under the Indian Gaming 
Regulatory Act (25 U.S.C. 2701 et seq.) shall not be permitted at any 
time on the land taken into trust pursuant to subsection (a).

    Amend the title so as to read:
    A bill to take certain Federal lands located in El Dorado 
County, California, into trust for the benefit of the Shingle 
Springs Band of Miwok Indians, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2388, as ordered reported, is to take 
certain Federal lands located in El Dorado County, California, 
into trust for the benefit of the Shingle Springs Band of Miwok 
Indians.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2388 will place approximately 40 acres of Bureau of 
Land Management-managed lands adjacent to the Shingle Springs 
Rancheria in California into trust for the benefit of the 
Shingle Springs Band of Miwok Indians. No class II and class 
III gaming under the Indian Gaming Regulatory Act could take 
place on these lands.

                            COMMITTEE ACTION

    H.R. 2388 was introduced on June 14, 2013, by Congressman 
Tom McClintock (R-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 23, 2013, the 
Subcommittee on Indian and Alaska Native Affairs held a hearing 
on the bill. On July 31, 2013, 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 
McClintock offered an amendment designated _048 to the bill; 
the amendment was adopted by unanimous consent. No further 
amendments were offered, and the bill, as amended, was then 
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. 2388--A bill to authorize the Secretary of the Interior to take 
        certain Federal lands located in El Dorado County, California, 
        into trust for the benefit of the Shingle Springs Band of Miwok 
        Indians, and for other purposes

    H.R. 2388 would take about 40 acres of federal land in El 
Dorado County, California, into trust for the benefit of the 
Shingle Springs Band of Miwok Indians. Based on information 
provided by the Department of the Interior, CBO estimates that 
implementing H.R. 2388 would have no significant impact on the 
federal budget because the cost of administering the lands 
would not change significantly. Enacting H.R. 2388 would not 
affect direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 2388 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, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Department of the Interior, CBO 
estimates that implementing H.R. 2388 would have no significant 
impact on the federal budget because the cost of administering 
the lands would not change significantly.
    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, as ordered reported, is to take certain 
Federal lands located in El Dorado County, California, into 
trust for the benefit of the Shingle Springs Band of Miwok 
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.