H. Rept. 113-396 - 113th Congress (2013-2014)

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House Report 113-396 - SANDIA PUEBLO SETTLEMENT TECHNICAL AMENDMENT ACT

[House Report 113-396]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-396

======================================================================



 
            SANDIA PUEBLO SETTLEMENT TECHNICAL AMENDMENT ACT

                                _______
                                

 April 1, 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. 3605]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 3605) to make a technical amendment to the T'uf 
Shur Bien Preservation Trust Area Act, and for other purposes, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 3605 is to make a technical amendment 
to the T'uf Shur Bien Preservation Trust Area Act.

                  Background and Need for Legislation

    In February 2003, the T'uf Shur Bien Preservation Trust 
Area Act (Public Law 108-7) was established to protect areas on 
Sandia Mountain, located east of Albuquerque, New Mexico, while 
retaining the areas as part of the Cibola National Forest, that 
are considered sacred for the Pueblo of Sandia. The Act 
included land exchanges to the Pueblo and resolved the Pueblo 
of Sandia's claim of ownership of the mountain.
    One of the provisions in the 2003 Act was to transfer 
National Forest land to the Pueblo. The U.S. Forest Service and 
the tribe reached an agreement on the lands (of equal value) to 
be transferred (approximately 710 acres); however, there is 
disagreement over how those lands are to be valued. The 2003 
Act mandates that lands to be transferred ``shall remain in its 
natural state and shall not be subject to commercial 
development of any kind.'' The Forest Service has argued that 
the land to be transferred to the Pueblo should be appraised 
without title restrictions, since land use limitations would 
take place post-conveyance.
    In 2009, Congress attempted to fix the valuation issue by 
passing an amendment to the 2003 Act (Public Law 111-11). 
Unfortunately, the Department of Agriculture did not believe 
the technical amendment addressed the valuation issue. The 
Department of Agriculture held a position that the land to be 
transferred had to be appraised on its highest and best use 
(even though the 2003 Act prohibited any commercial development 
on the lands transferred).
    H.R. 3605 would authorize the land transfer via an 
interagency exchange between the Department of Agriculture and 
the Department of the Interior. The U.S. Forest Service land 
identified for exchange would be transferred to the Department 
of the Interior, to be held in trust for the Pueblo, and the 
Department of the Interior would transfer to the Forest Service 
a property called the La Luz tract and the Piedra Lisa tract. 
The bill's language had input from all the major stakeholders: 
the Pueblo, Forest Service, and the Interior Department. H.R. 
3605 is similar to a bill (S. 611, Sandia Pueblo Settlement 
Technical Amendment Act) passed by the Senate on March 12, 
2014.

                            Committee Action

    H.R. 3605 was introduced on November 21, 2013, by 
Congresswoman Michelle Lujan Grisham (D-NM). 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 
February 5, 2014, the Subcommittee on Indian and Alaska Native 
Affairs held a hearing on the bill. On February 27, 2014, the 
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. The bill 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. 3605--Sandia Pueblo Settlement Technical Amendment Act

    H.R. 3605 would require the Secretary of Agriculture to 
transfer certain lands in the Sandia Mountain Wilderness and 
Cibola National Forest in New Mexico to the Department of the 
Interior to be held in trust for the Pueblo of Sandia. In 
exchange for the specified National Forest lands, the 
legislation would require the Secretary of the Interior to 
transfer certain lands and easements held in trust for the 
Pueblo of Sandia to the Forest Service.
    CBO estimates that implementing H.R. 3605 would have no 
significant impact on the federal budget. Based on information 
provided by the Forest Service, CBO estimates that the cost of 
administering the land transfers would be minimal Enacting H.R. 
3605 would not affect direct spending or revenues; therefore, 
pay-as-you-go procedures do not apply.
    H.R. 3605 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would benefit the Pueblo of Sandia.
    On December 2, 2013, CBO transmitted a cost estimate for S. 
611, the Sandia Pueblo Settlement Technical Amendment Act, as 
ordered reported by the Senate Committee on Indian Affairs on 
October 20, 2013. The two pieces of legislation are similar, 
and the CBO cost estimates are the same.
    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. CBO estimates that 
the cost of administering the land transfers would be minimal. 
Enacting H.R. 3605 would not affect direct spending or 
revenues.
    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 make a technical amendment to the 
T'uf Shur Bien Preservation Trust Area Act.

                           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 Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

T'UF SHUR BIEN PRESERVATION TRUST AREA ACT

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DIVISION F--INTERIOR AND RELATED AGENCIES APPROPRIATIONS, 2003

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TITLE IV--T'UF SHUR BIEN PRESERVATION TRUST AREA

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SEC. 413. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND EXCHANGE.

  (a) Contributions.--
          (1) In general.--The Secretary may accept 
        contributions from the Pueblo, or from other persons or 
        governmental entities--
                  (A) to perform and complete a survey of the 
                Area; or
                  (B) to carry out any other project or 
                activity for the benefit of the Area in 
                accordance with this title.
          (2) Deadline.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary shall complete 
        the survey of the Area under paragraph (1)(A).
  (b) Land Exchange.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, after consultation with 
        the Pueblo, the Secretary shall, in accordance with 
        applicable laws, prepare and offer a land exchange of 
        National Forest land outside the Area and contiguous to 
        the northern boundary of the Pueblo's Reservation 
        within sections 3, 10, 11, and 14 of T12N, R4E, 
        N.M.P.M., Sandoval County, New Mexico excluding 
        wilderness land, for land owned by the Pueblo in the 
        Evergreen Hills subdivision in Sandoval County 
        contiguous to National Forest land, and the La Luz 
        tract in Bernalillo County.
          (2) Acceptance of payment.--Notwithstanding section 
        206(b) of the Federal Land Policy and Management Act 
        (43 U.S.C. 1716(b)), the Secretary may either make or 
        accept a cash equalization payment in excess of 25 
        percent of the total value of the land or interests 
        transferred out of Federal ownership.
          (3) Funds received.--Any funds received by the 
        Secretary as a result of the exchange shall be 
        deposited in the fund established under the Act of 
        December 4, 1967, known as the Sisk Act (16 U.S.C. 
        484a), and shall be available to purchase non-Federal 
        land within or adjacent to the National Forests in the 
        State of New Mexico.
          (4) Treatment of land exchanged or conveyed.--All 
        land exchanged or conveyed to the Pueblo is declared to 
        be held in trust for the Pueblo by the United States 
        and added to the Pueblo's Reservation subject to all 
        existing and outstanding rights and shall, as a 
        condition of the [conveyance] title to be conveyed, 
        remain in its natural state and shall not be subject to 
        commercial development of any kind. Land exchanged or 
        conveyed to the Forest Service shall be subject to all 
        limitations on use pertaining to the Area under this 
        title.
          (5) Failure to make offer.--If the land exchange 
        offer is not made by the date that is 180 days after 
        the date of enactment of this Act, the Secretary shall 
        submit to the Committee on Energy and Natural Resources 
        of the United States Senate and the Committee on 
        Resources of the United States House of 
        Representatives, a report explaining the reasons for 
        the failure to make the offer including an assessment 
        of the need for any additional legislation that may be 
        necessary for the exchange. If additional legislation 
        is not necessary, the Secretary, consistent with this 
        section, should proceed with the exchange pursuant to 
        existing law.
          (6) Failure to exchange.--
                  (A) In general.--If the land exchange 
                authorized under paragraph (1) is not completed 
                by the date that is 30 days after the date of 
                enactment of this paragraph, the Secretary, on 
                request of the Pueblo and the Secretary of the 
                Interior, shall transfer the National Forest 
                land generally depicted as ``Land to be Held in 
                Trust'' on the map entitled ``Sandia Pueblo 
                Settlement Technical Amendment Act'' and dated 
                October 18, 2013, to the Secretary of the 
                Interior to be held in trust by the United 
                States for the Pueblo--
                          (i) subject to the restriction 
                        enforced by the Secretary of the 
                        Interior that the land remain 
                        undeveloped, with the natural 
                        characteristics of the land to be 
                        preserved in perpetuity; and
                          (ii) consistent with subsection (c).
                  (B) Other transfers.--After the transfer 
                under subparagraph (A) is complete, the 
                Secretary of the Interior, with the consent of 
                the Pueblo, shall--
                          (i) transfer to the Secretary, 
                        consistent with section 411(c)--
                                  (I) the La Luz tract 
                                generally depicted on the map 
                                entitled ``Sandia Pueblo 
                                Settlement Technical Amendment 
                                Act'' and dated October 18, 
                                2013; and
                                  (II) the conservation 
                                easement for the Piedra Lisa 
                                tract generally depicted on the 
                                map entitled ``Sandia Pueblo 
                                Settlement Technical Amendment 
                                Act'' and dated October 18, 
                                2013; and
                          (ii) grant to the Secretary a right-
                        of-way for the Piedra Lisa Trail within 
                        the Piedra Lisa tract generally 
                        depicted on the map entitled ``Sandia 
                        Pueblo Settlement Technical Amendment 
                        Act'' and dated October 18, 2013.
  (c) Land Acquisition and Other Compensation.--
          (1) In general.--The Secretary may acquire land owned 
        by the Pueblo within the Evergreen Hills Subdivision in 
        Sandoval County or any other privately held land inside 
        of the exterior boundaries of the Area. The boundaries 
        of the Cibola National Forest and the Area shall be 
        adjusted to encompass any land acquired pursuant to 
        this section.
          (2) Piedra lisa tract.--Subject to the availability 
        of appropriations, the Secretary shall compensate the 
        Pueblo for the fair market value of--
                  (A) the right-of-way established pursuant to 
                section 409(h)(3)(C); and
                  (B) the conservation easement established by 
                the limitations on use of the Piedra Lisa tract 
                pursuant to section 409(b)(2).
  (d) Reimbursement of Certain Costs.--
          (1) In general.--The Pueblo, the County of 
        Bernalillo, New Mexico, and any person that owns or has 
        owned property inside of the exterior boundaries of the 
        Area as designated on the map, and who has incurred 
        actual and direct costs as a result of participating in 
        the case of Pueblo of Sandia v. Babbitt, Civ. No. 94-
        2624 HHG (D.D.C.), or other proceedings directly 
        related to resolving the issues litigated in that case, 
        may apply for reimbursement in accordance with this 
        section. Costs directly related to such participation 
        which shall qualify for reimbursement shall be--
                  (A) dues or payments to a homeowner 
                association for the purpose of legal 
                representation; and
                  (B) legal fees and related expenses.
          (2) Treatment of reimbursement.--Any reimbursement 
        provided in this subsection shall be in lieu of that 
        which might otherwise be available pursuant to the 
        Equal Access to Justice Act (24 U.S.C. 2412).
          (3) Payments.--Subject to the availability of 
        appropriated funds the Secretary of the Treasury shall 
        make reimbursement payments as provided in this 
        section.
          (4) Applications.--Not later than 180 days after the 
        date of enactment of this Act, applications for 
        reimbursement shall be filed with the Department of the 
        Treasury, Financial Management Service, Washington, 
        D.C.
          (5) Maximum reimbursement.--No party shall be 
        reimbursed in excess of $750,000 under this section, 
        and the total amount reimbursed in accordance with this 
        section shall not exceed $3,000,000.

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