H.R. 3490 (110th): Tuolumne Me-Wuk Land Transfer Act of 2008

110th Congress, 2007–2009. Text as of Sep 16, 2008 (Reported by Senate Committee).

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HR 3490 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’.

[Struck out->] SEC. 2. FINDINGS. [<-Struck out]

    [Struck out->] Congress finds that-- [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (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; [<-Struck out]

      [Struck out->] (3) one such tract is a cemetery within which are buried the remains of ancestors of the Tribe and other Indians; [<-Struck out]

      [Struck out->] (4) another such tract is needed for use by the Tribe for a cultural center and other public uses of the Tribe; [<-Struck out]

      [Struck out->] (5) the remaining tract is needed for use by the Tribe for agricultural, housing, and open space needs; [<-Struck out]

      [Struck out->] (6) none of the foregoing 3 tracts are to be used by the Tribe for gaming purposes; [<-Struck out]

      [Struck out->] (7) certain parcels of lands adjacent to the Tuolumne Rancheria were taken into trust for the benefit of the Tribe; and [<-Struck out]

      [Struck out->] (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. [<-Struck out]

[Struck out->] SEC. 3. LANDS TO BE TAKEN INTO TRUST. [<-Struck out]

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 [Struck out->] (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 [<-Struck out] (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 [Struck out->] in the California Indian Land Transfer Act of 2000 (title IX, Public Law 106-568; 114 Stat. 2868, 2921). [<-Struck out] 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 [Struck out->] of 2000 [<-Struck out] (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. 000005300, 1.5 acres, trust land.

      (4) Assessor Parcel No. 000005400, 19.23 acres, trust land.

      (5) Assessor Parcel No. 000005600, 3.46 acres, trust land.

      (6) Assessor Parcel No. 000005700, 7.44 acres, trust land.

      (7) Assessor Parcel No. 000001700, 0.8 acres, trust land.

      (8) A portion of Assessor Parcel No. 000000200, 2.5 acres, trust land.

      (9) Assessor Parcel No. 000006200, 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