59–010 

Calendar No. 347 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–203 

TO TAKE CERTAIN FEDERAL LAND LOCATED IN TUOLUMNE COUNTY, 

CALIFORNIA, INTO TRUST FOR THE BENEFIT OF THE TUOLUMNE BAND 

OF ME-WUK 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 S. 1822] 

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

(S. 1822) to take certain Federal land located in Tuolumne County, 

California, into trust for the benefit of the Tuolumne Band of MeWuk Indians, and for other purposes, having considered the same, 

reports favorably with an amendment, and recommends that the 

bill do pass. 

PURPOSE

The purpose of S. 1822 is to transfer approximately 80 acres of 

land under the administrative jurisdiction of the United States Forest Service into trust for the Tuolumne Band of Me-Wuk Indians. 

NEED FOR LEGISLATION

The bill, S. 1822, is needed to transfer Federal land under the 

administration of the United States Forest Service to the Department of the Interior (DOI) in order for the land to be placed into 

trust for the Tuolumne Band of Me-Wuk Indians. After the land is 

taken into trust, the tribe plans to use the land to conduct fuel reduction activities. 

BACKGROUND

The Tuolumne Band of Me-Wuk Indians is a federally recognized 

Indian tribe. The tribe’s constitution and bylaws are organized 


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1 25 U.S.C. 465 et seq. 

2 Constitution and Bylaws for the Tuolumne Band of We-Wuk Indians of the Tuolumne 

Rancheria, California. Department of Interior, Office of Indian Affairs, (Jan. 15, 1936). 3Public Law 59-257, 34 Stat. 333. 

4 Executive Order by William H. Taft. (April 13, 1912). 

5 25 U.S.C. 2701 et seq. 

under the Indian Reorganization Act (IRA) 1 and were approved on 

January 15, 1936.2

On October 25, 1910, the original Tuolumne Rancheria was approximately 289 acres and was purchased under the Act of June 

21, 1906.3 On April 13, 1912, approximately an additional 33 acres 

of land were set aside for the Tuolumne Band by an Executive 

Order.4

This bill would transfer two 40-acre parcels of land located in 

Tuolumne County from the U.S. Forest Service (USFS) to the Department of the Interior to be put into trust for the Tuolumne 

Band of Me-Wuk Indians. The two parcels of land are located 7 

miles from the tribe’s current reservation. It is contiguous with a 

ranch owned in fee simple by the tribe and a ranch owned by a private non-Indian owner. 

Under the bill, the land would not be eligible for Class II or 

Class III gaming under the Indian Gaming Regulatory Act.5 In 

2015, Tuolumne County Board of Supervisors wrote a letter of support for legislation to complete the land transfer, and on June 12, 

2015, the private ranch owner wrote a letter to support the land 

transfer to the tribe. 

LEGISLATIVE HISTORY

On July 21, 2015, Senator Boxer introduced S. 1822. Senator 

Feinstein is a cosponsor. The Senate Committee on Indian Affairs 

held a legislative hearing on the bill on October 7, 2015, at which 

the Associate Deputy Chief of the USFS testified that the USFS 

did not oppose the bill. On October 21, 2015, the Committee held 

a duly called business meeting to consider the bill. An amendment 

was offered, and the bill, as amended, was passed by voice vote. 

The amendment would clarify the legal descriptions at the request 

of the USFS. 

An identical companion bill, H.R. 3079, was introduced in the 

House on July 15, 2015 by Representative McClintock. On August 

4, 2015, the bill was referred to the Subcommittee on Indian, Insular and Alaska Native Affairs of the House Natural Resources 

Committee. The subcommittee held a hearing on the bill on November 4, 2015. 

SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1—Land into Trust 

Section 1 (a) states that the United States shall hold in trust the 

land described in subsection (b) for the benefit of the Tuolumne 

Band of Me-Wuk Indians for nongaming purposes. 

Section 1 (b) provides the land descriptions for 80 acres of Federal land under the administrative jurisdiction of the United States 

Forest Service located in Tuolumne County, California. The 80-acre 

land total is divided into two 40-acre parcels. 


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6 25 U.S.C. 2701 et seq. 

Section 1 (c) prohibits Class II or Class III gaming under the Indian Gaming Regulatory Act 6 from being conducted on the land to 

be taken into trust under this bill. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated November 4, 2015, was prepared for S. 1822: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 4, 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 S. 1822, a bill to take certain 

federal land located in Tuolumne County, California, into trust for 

the benefit of the Tuolumne Band of Me-Wuk Indians, and for 

other purposes. 

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. 

S. 1822—To take certain Federal land located in Tuolumne County, 

California, into trust for the benefit of the Tuolumne Band of 

Me-Wuk Indians, and for other purposes 

S. 1822 would take into trust, for the benefit of the Tuolumne 

Band of Me-Wuk Indians, approximately 80 acres of land located 

in Tuolumne County, California, that is administered by the 

United States Forest Service. The bill would prohibit certain types 

of gaming on those lands. 

CBO estimates that enacting S. 1822 would have no significant 

effect on the federal budget. We estimate that any change in federal costs to manage lands affected by the bill (which would be subject to appropriation) would be insignificant. Under current law, 

CBO expects that the affected lands could generate income from 

grazing permits; thus, CBO estimates that taking those lands into 

trust could reduce offsetting receipts which are certain collections 

that are treated as reductions in outlays. Because the bill could increase direct spending, pay-as-you-go procedures apply; however, 

based on information from the Forest Service, CBO estimates that 

any such effects would be negligible. Enacting S. 1822 would not 

affect revenues. 

CBO estimates that enacting S. 1822 would not increase net di- rect spending or on-budget deficits by more than $5 billion in any 

of the next four consecutive 10-year periods beginning in 2026. 

S. 1822 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Megan Carroll. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 


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EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 1822. 

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 S. 1822 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 

S. 1822, as ordered reported. 

Æ 


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