[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 3490 Reported in Senate (RS)]
Calendar No. 1024
110th CONGRESS
2d Session
H. R. 3490
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2008
Received; read twice and referred to the Committee on Energy and
Natural Resources
September 16, 2008
Reported by Mr. Bingaman, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
To transfer administrative jurisdiction of certain Federal lands from
the Bureau of Land Management to the Bureau of Indian Affairs, to take
such lands into trust for Tuolumne Band of Me-Wuk Indians of the
Tuolumne Rancheria, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tuolumne Me-Wuk Land Transfer Act of
2008''.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the Tuolumne Band of Me-Wuk Indians of the
Tuolumne Rancheria, California (referred to in this Act as the
``Tribe''), is a federally recognized Indian tribe;</DELETED>
<DELETED> (2) 3 tracts of Federal lands managed by the
Bureau of Land Management are adjacent to the Tuolumne
Rancheria of California, a federally recognized Indian
Reservation held in trust for the benefit of the
Tribe;</DELETED>
<DELETED> (3) one such tract is a cemetery within which are
buried the remains of ancestors of the Tribe and other
Indians;</DELETED>
<DELETED> (4) another such tract is needed for use by the
Tribe for a cultural center and other public uses of the
Tribe;</DELETED>
<DELETED> (5) the remaining tract is needed for use by the
Tribe for agricultural, housing, and open space
needs;</DELETED>
<DELETED> (6) none of the foregoing 3 tracts are to be used
by the Tribe for gaming purposes;</DELETED>
<DELETED> (7) certain parcels of lands adjacent to the
Tuolumne Rancheria were taken into trust for the benefit of the
Tribe; and</DELETED>
<DELETED> (8) 2 parcels of fee lands owned by the Tribe and
adjacent to the Tuolumne Rancheria, commonly referred to as the
``Thomas and Coenenburg properties'', have been approved and
are pending transfer into trust status by the Bureau of Indian
Affairs for the benefit of the Tribe.</DELETED>
<DELETED>SEC. 3. LANDS TO BE TAKEN INTO TRUST.</DELETED>
SEC. 2. LAND TO BE TAKEN INTO TRUST.
(a) In General.--
(1) Federal lands.--Subject to valid existing rights, all
right, title, and interest (including improvements and
appurtenances) of the United States in and to the Federal lands
described in subsection <DELETED>(b), immediately after the
Secretary of the Interior has confirmed that the National
Environmental Policy Act of 1969 has been complied with
regarding the trust acquisition of those Federal lands, the</DELETED>
(b), the Federal lands shall be declared to be held in trust by
the United States for the benefit of the Tribe for nongaming
purposes, and shall be subject to the same terms and conditions
as those lands described <DELETED>in the California Indian Land
Transfer Act of 2000 (title IX, Public Law 106-568; 114 Stat.
2868, 2921).</DELETED> in the California Indian Land Transfer
Act (Public Law 106-568; 114 Stat. 2921).
(2) Trust lands.--Lands described in subsection (c) of this
section that are taken or to be taken in trust by the United
States for the benefit of the Tribe shall be subject to
subsection (c) of section 903 of the California Indian Land
Transfer Act <DELETED>of 2000</DELETED> (Public Law 106-568;
114 Stat. 2921).
(b) Federal Lands Described.--The Federal lands described in this
subsection, comprising approximately 66 acres, are as follows:
(1) Township 1 North, Range 16 East, Section 6, Lots 10 and
12, MDM, containing 50.24 acres more or less.
(2) Township 1 North, Range 16 East, Section 5, Lot 16,
MDM, containing 15.35 acres more or less.
(3) Township 2 North, Range 16 East, Section 32, Indian
Cemetery Reservation within Lot 22, MDM, containing 0.4 acres
more or less.
(c) Trust Lands Described.--The trust lands described in this
subsection, comprising approximately 357 acres, are commonly referred
to as follows:
(1) Thomas property, pending trust acquisition, 104.50
acres.
(2) Coenenburg property, pending trust acquisition, 192.70
acres, subject to existing easements of record, including but
not limited to a non-exclusive easement for ingress and egress
for the benefit of adjoining property as conveyed by Easement
Deed recorded July 13, 1984, in Volume 755, Pages 189 to 192,
and as further defined by Stipulation and Judgment entered by
Tuolumne County Superior Court on September 2, 1983, and
recorded June 4, 1984, in Volume 751, Pages 61 to 67.
(3) Assessor Parcel No. 620505300, 1.5 acres, trust land.
(4) Assessor Parcel No. 620505400, 19.23 acres, trust land.
(5) Assessor Parcel No. 620505600, 3.46 acres, trust land.
(6) Assessor Parcel No. 620505700, 7.44 acres, trust land.
(7) Assessor Parcel No. 620401700, 0.8 acres, trust land.
(8) A portion of Assessor Parcel No. 620500200, 2.5 acres,
trust land.
(9) Assessor Parcel No. 620506200, 24.87 acres, trust land.
(d) Survey.--As soon as practicable after the date of the enactment
of this Act, the Office of Cadastral Survey of the Bureau of Land
Management shall complete fieldwork required for a survey of the lands
described in subsections (b) and (c) for the purpose of incorporating
those lands within the boundaries of the Tuolumne Rancheria. Not later
than 90 days after that fieldwork is completed, that office shall
complete the survey.
(e) Legal Descriptions.--
(1) Publication.--On approval by the Community Council of
the Tribe of the survey completed under subsection (d), the
Secretary of the Interior shall publish in the Federal
Register--
(A) a legal description of the new boundary lines
of the Tuolumne Rancheria; and
(B) a legal description of the land surveyed under
subsection (d).
(2) Effect.--Beginning on the date on which the legal
descriptions are published under paragraph (1), such legal
descriptions shall be the official legal descriptions of those
boundary lines of the Tuolumne Rancheria and the lands
surveyed.
Calendar No. 1024
110th CONGRESS
2d Session
H. R. 3490
_______________________________________________________________________
AN ACT
To transfer administrative jurisdiction of certain Federal lands from
the Bureau of Land Management to the Bureau of Indian Affairs, to take
such lands into trust for Tuolumne Band of Me-Wuk Indians of the
Tuolumne Rancheria, and for other purposes.
_______________________________________________________________________
September 16, 2008
Reported with amendments