49–010 

Calendar No. 622 

109TH CONGRESS REPORT " ! SENATE 2d Session 109–342 

PROVIDING FOR CERTAIN LANDS TO BE HELD IN TRUST 

FOR THE UTU UTU GWAITU PAIUTE TRIBE 

SEPTEMBER 20, 2006.—Ordered to be printed 

Mr. MCCAIN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 854] 

The Committee on Indian Affairs, to which was referred the bill 

(H.R. 854) to provide for certain lands to be held in trust for the 

Utu Utu Gwaitu Paiute Tribe, having considered the same, reports 

favorably thereon without amendment and recommends that the 

bill do pass. 

PURPOSE

H.R. 854 would declare 240 acres of Bureau of Land Management (BLM) lands to be held in trust by the United States for the 

benefit of the Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation, Bishop, California. 

BACKGROUND

The Utu Utu Gwiatu Paiute Tribe (the ‘‘Utu Utu Tribe’’), like 

many other Indian tribal governments in California, was never provided with an adequate land base. The California Indian Land 

Transfer Act, enacted on December 27, 2000 as part of Public Law 

106–568, provided additional lands for eight California tribes, however, the Utu Utu Tribe was not included in that legislation. This 

legislation would transfer 240 acres of BLM lands into trust for the 

Utu Utu Tribe, which acreage is adjacent to the existing 160–acre 

reservation of the Utu Utu Tribe. 

The acreage to be taken into trust has been classified by the 

BLM as ‘‘suitable for disposal.’’ The Utu Utu Tribal Council Resolution states that lands taken into trust will be used to build additional tribal housing units, a health station, wellness center, fire 


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station, police station and an industrial park for manufacturing 

businesses. The legislation also contains an expressed prohibition 

on using the property for gaming purposes. 

LEGISLATIVE HISTORY

H.R. 854 was introduced on February 16, 2005, by Congressman 

McKeon and was referred to the House Resources Committee. On 

July 13, 2006, the Resources Committee reported the bill with an 

amendment in the nature of a substitute. Subsequently, on July 24, 

2006, the House of Representatives agreed to a motion to suspend 

the rules and pass the bill, as amended, by voice vote. Upon receipt 

in the Senate, H.R. 854 was referred to the Committee on Indian 

Affairs. On September 14, 2006, H.R. 854 was unanimously passed 

out of Committee and ordered reported without amendment. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

On September 14, 2006, the Committee, in an open business session, considered H.R. 854. By voice vote, the Committee ordered 

the bill reported favorably to the full Senate with the recommendation that the bill do pass. 

SECTION BY SECTION ANALYSIS OF H.R. 854

Section 1. Lands to be held in trust 

Section 1(a) declares that existing valid rights of way shall not 

be affected by taking this land into trust for the Utu Utu Gwaitu 

Paiute Tribe. 

Section 1(b) describes the range and township of the 240 acres 

to be held in trust for the Utu Utu Gwaitu Paiute Tribe. 

Section 1(c) prohibits Class II gaming and Class III gaming 

under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 

from being conducted on the 240 acres of land. 

COST AND BUDGETARY CONSIDERATIONS

The Congressional Budget Office cost estimate for H.R. 854 is set 

forth below: 

H.R. 854—An act to provide for certain lands to be held in trust for 

the Utu Utu Gwaitu Paiute Tribe 

CBO estimates that enacting H.R. 854 would have no significant 

impact on the federal budget. H.R. 854 contains no intergovernmental or private-sector mandates as defined in the Unfunded 

Mandates Reform Act. This legislation would impose no significant 

costs on state, local, or tribal governments and would benefit the 

Utu Utu Gwaitu Paiute Tribe. 

H.R. 854 would direct the Secretary of the Interior to give approximately 240 acres of federal land in California to the Benton 

Paiute Reservation to be held in trust by the United States on behalf of the Utu Utu Gwaitu Paiute Tribe. According to the Department of the Interior, the land to be conveyed currently generates 

no receipts from mineral leasing or other activities and is not expected to do so during the next 10 years. Hence, CBO estimates 

that conveying the land would not significantly affect offsetting receipts (a credit against direct spending). 


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On July 12, 2006, CBO transmitted a cost estimate for H.R. 854 

as ordered reported by the House Committee on Resources on June 

21, 2006. The two versions of the legislation are identical, as are 

the cost CBO estimates. 

The CBO staff contacts for this estimate are Daniel Hoople and 

Gregory Waring. This estimate was approved by Peter H. Fontaine, 

Deputy Assistant Director for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee has concluded that the regulatory and 

paperwork impacts of H.R. 854 will be de minimis. 

EXECUTIVE COMMUNICATIONS

The Committee has received no offical executive communications 

on H.R. 854. 

CHANGES IN EXISTING LAW

H.R. 854 will not make any changes to existing law. 

Æ 


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