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[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-649
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TULE RIVER INDIAN RESERVATION LAND TRUST, HEALTH, AND ECONOMIC
DEVELOPMENT ACT
_______
July 1, 2016.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 4685]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4685) to take certain Federal lands located in
Tulare County, California, into trust for the benefit of the
Tule River Indian Tribe, 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. 4685 is to take certain Federal lands
located in Tulare County, California, into trust for the
benefit of the Tule River Indian Tribe.
BACKGROUND AND NEED FOR LEGISLATION
The Tule River Indian Tribe's reservation is located
approximately 50 miles north of Bakersfield, California. The
reservation, comprising approximately 54,000 acres, spans
mountainous, forested foothills along the western edge of the
Sierra Nevada Mountains and is almost surrounded by the Sequoia
National Forest.\1\ The original reservation was established by
President Ulysses S. Grant by executive order on January 9,
1873, and expanded by Executive Order on October 3, 1873. The
expansion was later rescinded by an executive order in 1878 by
President Rutherford B. Hayes. Furthermore, the Act of May 17,
1928, removed an additional 1,240 acres of forest land from the
northern point of the reservation.
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\1\Tiller's Guide to Indian Country 3rd Edition. Veronica E.
Valarde Tiller at 356 (2015).
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In the 96th Congress, President Jimmy Carter signed Public
Law 96-338, which placed the 1,240 acres of Forest Service land
removed by 1928 Act into trust for the Tribe to again be made
part of the reservation.
H.R. 4685 would place into trust approximately 34 acres of
Bureau of Land Management land adjacent to the western boundary
of the reservation. The land is situated between tribal fee
land (land owned by the Tribe but not held in trust) and
reservation land, isolated from other federal lands in the
area. Under H.R. 4685, the Secretary of the Interior must
notify any person claiming a valid existing right that the
federal lands are being placed into trust for the Tribe. It is
the intent of Congress that such notification by the Secretary
shall be carried out in a reasonable manner, by way of U.S.
mail to current existing right holders or an entity that has an
application pending for an easement or other right-of-way, and
by way of notice in the Federal Register. Gaming under the
Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) would be
prohibited on the lands placed into trust by this bill.
COMMITTEE ACTION
H.R. 4685 was introduced on March 3, 2016, by Congressman
Kevin McCarthy (R-CA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Indian, Insular and Alaska Native Affairs. On
June 14, 2016, the Subcommittee held a hearing on the bill. On
June 14, 2016, the Natural Resources Committee met to consider
the bill. The Subcommittee was discharged by unanimous consent.
No amendments were offered and the bill was ordered favorably
reported to the House of Representatives by unanimous consent
on June 15, 2016.
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:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 29, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4685, Tule River
Indian Reservation Land Trust, Health, and Economic Development
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Mark P. Hadley
(For Keith Hall).
Enclosure.
H.R. 4685--Tule River Indian Reservation Land Trust, Health, and
Economic Development Act
H.R. 4685 would take into trust, for the benefit of the
Tule River Indian Tribe, approximately 34 acres of federal land
located in Tulare County, California, that is administered by
the United States Bureau of Land Management (BLM). The bill
would direct the Secretary of the Interior to consider
applications to continue using the land from individuals
claiming to have valid existing rights to the lands being taken
into trust. H.R 4685 also would prohibit certain types of
gaming on those lands.
CBO estimates that enacting H.R. 4685 would have no
significant effect on the federal budget. We estimate that any
change in federal costs to manage lands affected by the bill
(which would be subject to appropriation) would be
insignificant.
Under current law, CBO expects that the affected lands
could generate income from right-of-way permits; thus, CBO
estimates that taking those lands into trust could reduce
offsetting receipts, which are recorded as reductions in direct
spending. Because the bill could increase direct spending, pay-
as-you-go procedures apply; however, based on information from
BLM detailing the fees collected for rights of way on those
lands, CBO estimates that any such effects would be negligible.
Enacting H.R. 4685 would not affect revenues.
CBO estimates that enacting H.R. 4685 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2027.
H.R. 4685 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Robert Reese.
The estimate was approved by H. Samuel Papenfuss, 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. The Congressional
Budget Office estimates that the bill has ``no significant
effect on the federal budget''.
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 take certain Federal lands located
in Tulare County, California, into trust for the benefit of the
Tule River Indian Tribe.
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
This bill does not amend existing law.
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