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                                                       Calendar No. 439
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-197

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

 
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

                                _______
                                

                 June 24, 2014.--Ordered to be printed

                                _______
                                

    Mr. Tester, from the Committee on Indian Affairs, Submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2388]

    The Committee on Indian Affairs, to which was referred the 
bill (H.R. 2388) 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, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                PURPOSE

    The purpose of H.R. 2388 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

    The Shingle Springs Band of Miwok Indians is located in 
northern California, east of Sacramento. The tribe currently 
has 160 acres of land held in trust by the United States. H.R. 
2388 would transfer approximately 41 acres of Bureau of Land 
Management land, located adjacent to existing tribal trust 
lands, to the tribe. The tribe has testified that the lands 
will be used for housing needs on the reservation. The bill 
contains a gaming prohibition on the lands acquired pursuant to 
the legislation. Legislation is necessary as the Bureau of Land 
Management does not have the authority to transfer land in 
trust status to a tribe.

                      SECTION-BY-SECTION ANALYSIS

Section 1--Land into trust for the Shingle Springs Band of Miwok 
        Indians

    Section 1 takes approximately 40.852 acres of Federal land, 
currently under the administrative jurisdiction of the Bureau 
of Land Management, into trust for the benefit of the Shingle 
Springs Band of Miwok Indians. It prohibits class II and class 
III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.) on the land taken into trust.

                          LEGISLATIVE HISTORY

    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 
Subcommittee on Public Lands and Environmental Regulation and 
the Subcommittee on Indian and Alaska Native Affairs. On July 
23, 2013, the Subcommittee on Indian and Alaska Native Affairs 
held a hearing on the bill. On July 31, 2013, both 
Subcommittees were discharged from further consideration of the 
bill by unanimous consent, and the full Committee on Natural 
Resources met to consider the bill. One amendment was offered 
and adopted by unanimous consent. No further amendments were 
offered, and the bill, as amended, was adopted and ordered 
favorably reported to the House of Representatives by unanimous 
consent. On September 10, 2013, the bill was reported, as 
amended, and placed on the Union Calendar. On December 3, 2013, 
the bill was considered by the House of Representatives under 
suspension of the rules and the bill, as amended, was agreed to 
by voice vote.
    On December 9, 2013, the bill was received in the Senate 
and referred to the Committee on Indian Affairs. On May 21, 
2014, the Committee met to consider the bill. No amendments 
were offered, and the bill was adopted and ordered reported 
favorably to the Senate by voice vote.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated June 9, 2014, was prepared 
for H.R. 2388:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 9, 2014.
Hon. Jon Tester,
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. 2388, an act 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.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2388--An act 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 effect 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.
    On August 29, 2013, CBO transmitted a cost estimate for 
H.R. 2388 as ordered reported by the House Committee on Natural 
Resources on July 31, 2013. The two versions of the 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.

               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. 2388 
will have a minimal impact on regulatory or paperwork 
requirements.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding H.R. 2388.

                        CHANGES IN EXISTING LAW

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
enactment of H.R. 2388 will not make any changes in existing 
law.