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[House Report 109-422]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-422

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TO DIRECT THE SECRETARY OF THE INTERIOR TO TAKE CERTAIN TRIBALLY-OWNED 
           RESERVATION LAND INTO TRUST FOR THE PUYALLUP TRIBE

                                _______
                                

 April 25, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 374]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 374) to direct the Secretary of the Interior to take 
certain tribally-owned reservation land into trust for the 
Puyallup Tribe, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SEC. 1. PUYALLUP INDIAN TRIBE LAND CLAIMS SETTLEMENT.

    (a) In General.--The Secretary of the Interior shall--
          (1) accept the conveyance of the parcels of land within the 
        Puyallup Reservation described in subsection (b); and
          (2) hold the land in trust for the benefit of the Puyallup 
        Indian tribe.
    (b) Land Description.--The parcels of land referred to in 
subsection (a) are as follows:
          (1) Parcel a.--Lot B, boundary line adjustment 9508150496, as 
        depicted on the map dated August 15, 1995, held in the records 
        of the Pierce County Auditor, situated in the city of Fife, 
        county of Pierce, State of Washington.
          (2) Parcel b.--
                  (A) In general.--Parcel B shall be comprised of land 
                situated in the city of Fife, county of Pierce, State 
                of Washington, more particularly described as follows:
                          (i) Lots 3 and 4, Pierce County Short Plat 
                        No. 8908020412, as depicted on the map dated 
                        August 2, 1989, held in the records of the 
                        Pierce County Auditor, together with portion of 
                        SR 5 abutting lot 4, conveyed by the deed 
                        recorded under Recording No. 9309070433, 
                        described as follows:
                                  (I) That portion of Government lot 1, 
                                sec. 07, T. 20 N., R, 4 E., of the 
                                Willamette Meridian, described as 
                                commencing at Highway Engineer's 
                                Station AL 26 6+38.0 P.O.T. on the AL26 
                                line survey of SR 5, Tacoma to King 
                                County line.
                                  (II) Thence S88+54,30" E., along the 
                                north line of said lot 1 a distance of 
                                95 feet to the true point of beginning.
                                  (III) Thence S01+05,30" W87.4, feet.
                                  (IV) Thence westerly to a point 
                                opposite Highway Engineer's Station, 
                                AL26 5+50.6 P.O.T. on said AL26 line 
                                survey and 75 feet easterly therefrom.
                                  (V) Thence northwesterly to a point 
                                opposite AL26 5+80.6 on said AL26 line 
                                survey and 55 feet easterly therefrom.
                                  (VI) Thence northerly parallel with 
                                said line survey to the north line of 
                                said lot 1.
                                  (VII) Thence N88+54,30" E., to the 
                                true point of beginning.
                          (ii) Chicago Title Insurance Company Order 
                        No. 4293514 lot A boundary line adjustment 
                        recorded under Recording No. 9508150496, as 
                        depicted on the map dated August 15, 1995, held 
                        in the records of the Pierce County Auditor.
                  (B) Exclusion.--Excluded from Parcel B shall be that 
                portion of lot 4 conveyed to the State of Washington by 
                deed recorded under recording number 9308100165 and 
                more particularly described as follows:
                          (i) Commencing at the northeast corner of 
                        said lot 4.
                          (ii) Thence N89+53,30" W., along the north 
                        line of said lot 4 a distance of 147.44 feet to 
                        the true point of beginning and a point of 
                        curvature.
                          (iii) Thence southwesterly along a curve the 
                        left, the center of which bears S0+06,30" W., 
                        55.00 feet distance, through a central angle of 
                        89+01,00", an arc distance of 85.45 feet.
                          (iv) Thence S01+05,30" W., 59.43 feet.
                          (v) Thence N88+54,30" W., 20.00 feet to a 
                        point on the westerly line of said lot 4.
                          (vi) Thence N0+57,10" E., along said westerly 
                        line 113.15 feet to the northwest corner of 
                        said lot 4.
                          (vii) Thence S89+53,30" east along said north 
                        line, a distance of 74.34 feet to the true 
                        point of beginning.
          (3) Additional lots.--Any lots acquired by the Puyallup 
        Indian tribe located in block 7846, 7850, 7945, 7946, 7950, 
        8045, or 8049 in the Indian Addition to the city of Tacoma, 
        State of Washington.

                          PURPOSE OF THE BILL

    The purpose of H.R. 374 is to direct the Secretary of the 
Interior to take certain tribally-owned reservation land into 
trust for the Puyallup Tribe.

                  BACKGROUND AND NEED FOR LEGISLATION

    The purpose of this legislation is to expedite the fee-to-
trust process to move the location of a tribal casino owned by 
the Puyallup Indian tribe in Washington State for the purposes 
of complying with an agreement to expand the Port of Tacoma in 
Washington. Although the Tribe could pursue the fee-to-trust 
process administratively through the Department of the 
Interior, the Department's lengthy application process to place 
land into trust within the boundaries of a reservation risks 
possible delay on port construction. By handling this process 
legislatively, the Tribe accomplishes its goal in a timely 
manner and allows the port project to begin immediately.
    On November 16, 2004, the Port of Tacoma, the State of 
Washington, the Puyallup Indian Tribe and the cities of Fife 
and Tacoma all signed an agreement to pursue a major expansion 
of terminal facilities at the Port of Tacoma. The signed 
agreement amends the tribal gaming compact signed by the State 
and the Puyallup Tribe in 1996. The new agreement allows the 
Tribe to move its Emerald Queen Casino, which was affected by 
the construction of the new Port of Tacoma terminal facility, 
to a new location within the boundaries of the reservation. The 
agreement does not increase the number of gaming locations or 
type of games offered.

                            COMMITTEE ACTION

    H.R. 374 was introduced on January 26, 2005, by Congressman 
Norm Dicks (D-WA). The bill was referred to the Committee on 
Resources. On March 29, 2006, the Full Resources Committee met 
to consider the bill. Chairman Richard Pombo (R-CA) offered an 
amendment in the nature of a substitute to replace the current 
bill language with the language of its Senate counterpart, S. 
1382. It was adopted by unanimous consent. The bill as amended 
was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            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 Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
    2. 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.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. 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:

H.R. 374--A bill to require the Secretary of the Interior to accept the 
        conveyance of certain land, to be held in trust for the benefit 
        of the Puyallup Indian tribe

    H.R. 374 would require the Department of the Interior to 
take into trust two parcels of land in the city of Fife, 
Washington. The legislation also would require the department 
to take certain additional parcels into trust, if acquired by 
the tribe. Because these parcels of land would be owned by the 
tribe prior to transfer and the government would incur no 
significant additional costs in taking them into trust, CBO 
estimates that implementing this bill would have no significant 
effect on the federal budget.
    H.R. 374 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. 
Enacting this legislation would benefit the Puyallup tribe and 
several affected local governments in Washington state.
    The CBO staff contact for this estimate is Mike Waters. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes to existing 
law.

                                  
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