[Senate Report 114-204]
[From the U.S. Government Publishing Office]
Calendar No. 348
114th Congress } { Report
SENATE
2d Session } { 114-204
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TO PROVIDE FOR CERTAIN LAND TO BE TAKEN INTO TRUST FOR THE BENEFIT OF
MORONGO BAND OF MISSION INDIANS, AND FOR OTHER PURPOSES
_______
January 12, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Senate Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany H.R 387]
The Committee on Indian Affairs, to which was referred the
bill (H.R. 387) to provide for certain land to be taken into
trust for the benefit of Morongo Band of Mission 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. 387 is to provide land into trust for
the Morongo Band of Mission Indians (Morongo Tribe) and to
address land use needs identified by a private land owner, the
Morongo Tribe, and local government.
NEED FOR LEGISLATION
The bill, H.R. 387, is needed to complete a land exchange
between the Morongo Tribe and a private land owner. The bill
would create certainty for land use and development in the
region.
BACKGROUND
The Morongo Tribe''s reservation is located in southern
California and was established by Executive Orders issued on
May 15, 1876\1\ and March 9, 1881.\2\ Today, the current
reservation consists of approximately 32,400 acres\3\ and is
located adjacent to the City of Banning, California.
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\1\Executive Order. Issued by Ulysses S. Grant, (May 15, 1876).
\2\Executive Order. Issued by James A. Garfield, (March 9, 1881).
\3\Tiller, Veronica E. Velarde. Tiller's guide to Indian country:
Economic Profiles of American Indian Reservations. Edited and Compiled
by Veronica E. Velarde Tiller. 2005 ed. Albuquerque, N.M.: Bow Arrow
Publishing Company, c2005, 444.
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In 1995, a private landowner, Lloyd Fields, acquired a 41-
acre parcel of land from other non-Indian private landowners
near Interstate 10 in Banning, California. The Morongo Tribe
later acquired the lands surrounding the Fields property and
added it to their existing reservation.
When Mr. Fields planned to develop his property, disputes
arose between him, the Tribe, and the City of Banning. All
three parties resolved the matter by agreeing to an exchange of
land and interests. Since the reservation lands are held in
trust by the federal government for the benefit of the Morongo
Tribe, Congressional action is needed to carry out the land
exchange authorized by H.R. 387. To ensure the exchange is
implemented under the terms and conditions agreed to by the
parties, the bill provides that an escrow holder shall accept
and convey the deeds to the exchange lands currently owned by
the Morongo Tribe and Lloyd Fields.
H.R. 387 involves four parcels of land in the State of
California and three parties: the City of Banning, the Morongo
Tribe, and a private land owner, Lloyd Fields.
Parcels A and B are each 41.15 acres. Parcel A is currently
held in fee simple by Lloyd Fields and Parcel B is held in
trust for the Morongo Tribe. H.R. 387 would exchange Parcels A
and B. Parcel A would be held in trust for the Morongo Tribe
and Parcel B would become fee simple land for Lloyd Fields.
H.R. 387 would require that an easement over Parcel D, which is
held in trust by the federal government, will be recorded and
issued to the City of Banning. The easement will enable the
land owner to access utility services for his newly acquired
parcel. Finally H.R. 387 would place Parcel C, a 1.21-acre
parcel currently owned by the City of Banning, in trust for the
Morongo Band of Mission Indians.
LEGISLATIVE HISTORY
On January 14, 2015, H.R. 387 was introduced by
Representative Ruiz with co-sponsors Representative Cardenas,
Representative Cook, Representative Huffman, Representative
LaMalfa, Representative MacArthur, and Representative Torres.
On June 11, 2015, the House Natural Resources Committee held a
business meeting and ordered the bill to be reported favorably
by unanimous consent. On June 23, 2015, the bill was placed on
the Union Calendar. On July 13, 2015, the bill was laid on the
table and agreed to without objection by the House of
Representatives.
The bill was received in the Senate and referred to the
Committee on July 14, 2015. The Committee held a legislative
hearing on the bill on October 7, 2015. On October 21, 2015,
the Committee held a business meeting on the bill, which was
ordered to be reported favorably without an amendment.
Senator Boxer introduced an identical bill, S. 175, on July
13, 2015. Senator Moran is a co-sponsor. The bill was referred
to the Committee.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Sec. 1. Short title
Section 1 states that the Act may be cited as the
``Economic Development Through Tribal Land Exchange Act.''
Sec. 2. Definitions
Section 2 defines the parcels of land to be transferred in
this bill in accordance with the map titled, `Morongo Indian
Reservation, County of Riverside, State of California Land
Exchange Map', on file at the Sacramento BLM State Office in
Sacramento, California, dated May 22, 2014. The map identifies
four parcels of land (Parcels A, B, C, and D).
Sec. 3. Transfer of lands; trust lands, easement
Parcels A and B are each 41.15 acres. Parcel A is currently
held in fee simple by Lloyd Fields and Parcel B is held in
trust for the Morongo Tribe. H.R. 387 would exchange Parcels A
and B. Parcel A would be held in trust for the Morongo Tribe
and Parcel B would become fee simple land for Lloyd Fields.
H.R. 387 would require that an easement over Parcel D, which is
held in trust by the federal government, will be recorded and
issued to the City of Banning. The easement will enable the
land owner to access utility services for his newly acquired
parcel. Finally H.R. 387 would place Parcel C, a 1.21-acre
parcel currently owned by the City of Banning, in trust for the
Morongo Band of Mission Indians.
COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, dated November 3, 2015, was
prepared for H.R. 387:
November 3, 2015.
Hon. John Barrasso,
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. 387, the Economic
Development Through Tribal Land Exchange Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 387--Economic development through Tribal Land Exchange Act
H.R. 387 would authorize the exchange of interests in lands
among the Morongo Band of Mission Indians, a private land
owner, and the city of Banning, California. Because the tribal
lands are held in trust by the federal government for the
benefit of the tribe, the tribe needs Congressional
authorization to enter into the land exchange. CBO estimates
that implementing the legislation would have no significant
effect on the federal budget.
Enacting H.R. 387 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 387 would not increase net direct
spending or on-budget deficits in any of the next four
consecutive 10-year periods beginning in 2026.
H.R. 387 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On June 18, 2015, CBO transmitted a cost estimate for H.R.
387 as ordered reported by the House Committee on Natural
Resources on June 11, 2015. The two versions of the legislation
are identical, and the estimated budgetary effects are the
same.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding H.R. 387.
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. 387
will have a minimal impact on regulatory or paperwork
requirements.
CHANGES IN EXISTING LAW (CORDON RULE)
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, there are no changes to existing
law made by H.R. 387, as ordered reported.
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