39–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–606 

ECONOMIC DEVELOPMENT THROUGH TRIBAL LAND 

EXCHANGE ACT 

SEPTEMBER 19, 2014.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 4867] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4867) to provide for certain land to be taken into trust 

for the benefit of Morongo Band of Mission Indians, and for other 

purposes, 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: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Economic Development Through Tribal Land Exchange Act’’. 

SEC. 2. DEFINITIONS. 

For the purposes of this Act, the following definitions apply: 

(1) BANNING.—The term ‘‘Banning’’ means the City of Banning, which is located in Riverside County, California adjacent to the Morongo Indian Reservation. 

(2) FIELDS.—The term ‘‘Fields’’ means Lloyd L. Fields, the owner of record of 

Parcel A. 

(3) MAP.—The term ‘‘map’’ means the map entitled ‘Morongo Indian Reservation, County of Riverside, State of California Land Exchange Map’, and dated 

May 22, 2014, which is on file in the Bureau of Land Management State Office 

in Sacramento, California. 

(4) PARCEL A.—The term ‘‘Parcel A’’ means the approximately 41.15 acres designated on the map as ‘‘Fields lands’’. 

(5) PARCEL B.—The term ‘‘Parcel B’’ means the approximately 41.15 acres designated on the map as ‘‘Morongo lands’’. 

(6) PARCEL C.—The term ‘‘Parcel C’’ means the approximately 1.21 acres designated on the map as ‘‘Banning land’’. 


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(7) PARCEL D.—The term ‘‘Parcel D’’ means the approximately 1.76 acres designated on the map as ‘‘Easement to Banning’’. 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(9) TRIBE.—The term ‘‘Tribe’’ means the Morongo Band of Mission Indians, a 

federally recognized Indian tribe. 

SEC. 3. TRANSFER OF LANDS; TRUST LANDS, EASEMENT. 

(a) TRANSFER OF PARCEL A AND PARCEL B AND EASEMENT OVER PARCEL D.—Subject to any valid existing rights of any third parties and to legal review and approval 

of the form and content of any and all instruments of conveyance and policies of 

title insurance, upon receipt by the Secretary of confirmation that Fields has duly 

executed and deposited with a mutually acceptable and jointly instructed escrow 

holder in California a deed conveying clear and unencumbered title to Parcel A to 

the United States in trust for the exclusive use and benefit of the Tribe, and upon 

receipt by Fields of confirmation that the Secretary has duly executed and deposited 

into escrow with the same mutually acceptable and jointly instructed escrow holder 

a patent conveying clear and unencumbered title in fee simple to Parcel B to Fields 

and has duly executed and deposited into escrow with the same mutually acceptable 

and jointly instructed escrow holder an easement to the City for a public right-ofway over Parcel D, the Secretary shall instruct the escrow holder to simultaneously 

cause— (1) the patent to Parcel B to be recorded and issued to Fields; 

(2) the easement over Parcel D to be recorded and issued to the City; and 

(3) the deed to Parcel A to be delivered to the Secretary, who shall immediately cause said deed to be recorded and held in trust for the Tribe. 

(b) TRANSFER OF PARCEL C.—After the simultaneous transfer of parcels A, B, and 

D under subsection (a), upon receipt by the Secretary of confirmation that the City 

has vacated its interest in Parcel C pursuant to all applicable State and local laws, 

the Secretary shall immediately cause Parcel C to be held in trust for the Tribe subject to— 

(1) any valid existing rights of any third parties; and 

(2) legal review and approval of the form and content of any and all instruments of conveyance. 

PURPOSE OF THE BILL

The purpose of H.R. 4867 is to provide for certain land to be 

taken into trust for the benefit of Morongo Band of Mission Indians. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4867 authorizes a land exchange in the State of California 

involving the Morongo Band of Mission Indians, the City of Banning, and non-Indian landowner Lloyd A. Fields of Beverly Hills. 

The purpose of the exchange is to consolidate in tribal ownership 

a partially checker-boarded area within the Morongo Reservation 

containing land currently owned by Mr. Fields. In exchange, the 

tribe shall convey to Fields a parcel of land on the edge of the reservation affording him suitable accessibility for economic and other 

uses. Under the bill, several public easements will be provided to 

the City of Banning for various public purposes. 

The Morongo Reservation, situated 80 miles east of Los Angeles 

on Interstate 10, was initially established by Executive Orders in 

1876 and 1881. Pursuant to the Act of March 1, 1907, certain lands 

were patented to the tribe. More than 30,000 acres in size today, 

the Morongo Reservation contains several checker-boarded sections 

adjacent to the City of Banning. 

A number of years ago a private landowner, a businessman from 

Beverly Hills named Lloyd Fields, acquired a 41-acre parcel of land 

near I–10. The tribe subsequently acquired the lands surrounding 

the Fields property and added it to the existing reservation. When 

Fields planned to develop his property, a sharp dispute broke out 

between him, the tribe, and the City of Banning. The tribe erected 


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a guard shack on the only road providing access to the Fields property. According to Fields, the tribe then refused reasonable access 

necessary for him to build on the land. Fields sued the City of Banning over its refusal to remove what he alleged was an illegal tribal 

guard shack on a public road. The City contended that it could not 

immediately remove the shack because it was unclear whether the 

City’s public road easement covered the portion of the road on 

which the shack had been built. 

Mr. Fields, the tribe, and the City of Banning resolved their dispute by agreeing to an exchange of land and interests. H.R. 4867 

authorizes and implements the exchange. 

Under H.R. 4867, the Morongo Tribe and Secretary of the Interior are authorized to convey simple fee title to 41 acres of land 

currently held in trust for the tribe to Fields. At the same time, 

the Secretary is authorized to acquire the 41 acres of fee simple 

land currently owned by Fields within the reservation, and such 

land shall be placed in federal trust for the benefit of the tribe. The 

bill additionally authorizes the City and tribe to exchange small 

parcels of lands and public easements (concerning less than two 

acres) to consolidate the reservation and to meet public needs of 

the City. All lands and interests are described in a map referenced 

in the bill, prepared by the Bureau of Land Management. (Under 

an amendment offered by Congressman Don Young and adopted by 

the Committee, the map referenced in the bill is replaced with a 

newer, more detailed map approved by the parties to the exchange). 

To ensure the exchange is executed under the terms and conditions agreed to by the parties, the bill provides that an escrow 

holder shall accept and convey the deeds to the exchange lands currently owned by the tribe and Fields. 

H.R. 4867 was referred to the Subcommittee on Indian and Alaska Native Affairs and to the Subcommittee on Public Lands and 

Environmental Regulation. On July 15, 2014, the Subcommittee on 

Indian and Alaska Native Affairs held a hearing on H.R. 4867. In 

the hearing, a witness for the Department of the Interior testified 

in support of H.R. 4867. No objections to the bill have come to the 

attention of the Committee. 

COMMITTEE ACTION

H.R. 4867 was introduced on June 12, 2014, by Congressman 

Raul Ruiz (D-CA). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittees on 

Indian and Alaska Native Affairs and Public Lands and Environmental Regulation. On July 15, 2014, the Subcommittee on Indian 

and Alaska Native Affairs held a hearing on the bill. On July 30, 

2014, the Full Natural Resources Committee met to consider the 

bill. The Subcommittees on Indian and Alaska Native Affairs and 

Public Lands and Environmental Regulation were discharged by 

unanimous consent. Congressman Don Young (R-AK) offered an 

amendment designated #1 to the bill; the amendment was adopted 

by unanimous consent. No further amendments were offered, and 

the bill, as amended, was adopted and ordered favorably reported 

to the House of Representatives by unanimous consent. 


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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 

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

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) 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)(2)(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. 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. 4867—Economic Development Through Tribal Land Exchange 

Act 

H.R. 4867 would authorize the exchange of interests in lands between the Morongo Band of Mission Indians, a private land owner, 

and the city of Banning, California. Because the tribal lands are 

held in trust by the federal government for the benefit of the tribe, 

the tribe needs Congressional authorization to enter into the land 

exchange. CBO estimates that implementing the bill would have no 

significant effect on the federal budget. Enacting H.R. 4867 would 

not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

H.R. 4687 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of 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, credit authority, or an increase or decrease in revenues or tax expenditures. 

CBO estimates that implementing the bill would have no significant effect on the federal budget. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to provide for certain land to be taken into trust for 

the benefit of Morongo Band of Mission Indians. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 


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COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

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 in existing law. 

Æ 


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