39–010 

Calendar No. 439 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–197 

TO TAKE CERTAIN FEDERAL LANDS LOCATED IN EL DORADO COUNTY, 

CALIFORNIA, INTO TRUST FOR THE BENEFIT OF THE SHINGLE SPRINGS 

BAND OF MIWOK INDIANS, AND FOR OTHER PURPOSES 

JUNE 24, 2014.—Ordered to be printed 

Mr. TESTER, from the Committee on Indian Affairs, 

Submitted the following 

R E P O R T 

[To accompany H.R. 2388] 

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

(H.R. 2388) to take certain Federal lands located in El Dorado 

County, California, into trust for the benefit of the Shingle Springs 

Band of Miwok Indians, and for other purposes, having considered 

the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of H.R. 2388 is to take certain Federal lands located 

in El Dorado County, California, into trust for the benefit of the 

Shingle Springs Band of Miwok Indians. 

BACKGROUND

The Shingle Springs Band of Miwok Indians is located in northern California, east of Sacramento. The tribe currently has 160 

acres of land held in trust by the United States. H.R. 2388 would 

transfer approximately 41 acres of Bureau of Land Management 

land, located adjacent to existing tribal trust lands, to the tribe. 

The tribe has testified that the lands will be used for housing 

needs on the reservation. The bill contains a gaming prohibition on 

the lands acquired pursuant to the legislation. Legislation is necessary as the Bureau of Land Management does not have the authority to transfer land in trust status to a tribe. 


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SECTION-BY-SECTION ANALYSIS

Section 1—Land into trust for the Shingle Springs Band of Miwok 

Indians 

Section 1 takes approximately 40.852 acres of Federal land, currently under the administrative jurisdiction of the Bureau of Land 

Management, into trust for the benefit of the Shingle Springs Band 

of Miwok Indians. It prohibits class II and class III gaming under 

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

land taken into trust. 

LEGISLATIVE HISTORY

H.R. 2388 was introduced on June 14, 2013, by Congressman 

Tom McClintock (R–CA). The bill was referred to the Committee on 

Natural Resources, and within the committee to the Subcommittee 

on Public Lands and Environmental Regulation and the Subcommittee on Indian and Alaska Native Affairs. On July 23, 2013, 

the Subcommittee on Indian and Alaska Native Affairs held a 

hearing on the bill. On July 31, 2013, both Subcommittees were 

discharged from further consideration of the bill by unanimous consent, and the full Committee on Natural Resources met to consider 

the bill. One amendment was offered and 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. On September 10, 2013, 

the bill was reported, as amended, and placed on the Union Calendar. On December 3, 2013, the bill was considered by the House 

of Representatives under suspension of the rules and the bill, as 

amended, was agreed to by voice vote. 

On December 9, 2013, the bill was received in the Senate and referred to the Committee on Indian Affairs. On May 21, 2014, the 

Committee met to consider the bill. No amendments were offered, 

and the bill was adopted and ordered reported favorably to the 

Senate by voice vote. 

COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated June 9, 2014, was prepared for H.R. 2388: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 9, 2014. 

Hon. JON TESTER, 

Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2388, an act to take certain federal lands located in El Dorado County, California, into 

trust for the benefit of the Shingle Springs Band of Miwok 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 Martin von Gnechten. 

Sincerely, 

DOUGLAS W. ELMENDORF. 


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Enclosure. 

H.R. 2388—An act to take certain federal lands located in El Dorado County, California, into trust for the benefit of the Shingle 

Springs Band of Miwok Indians, and for other purposes 

H.R. 2388 would take about 40 acres of federal land in El Dorado 

County, California, into trust for the benefit of the Shingle Springs 

Band of Miwok Indians. Based on information provided by the Department of the Interior, CBO estimates that implementing H.R. 

2388 would have no significant effect on the federal budget because 

the cost of administering the lands would not change significantly. 

Enacting H.R. 2388 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

H.R. 2388 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

On August 29, 2013, CBO transmitted a cost estimate for H.R. 

2388 as ordered reported by the House Committee on Natural Resources on July 31, 2013. The two versions of the legislation are 

similar, and the CBO cost estimates are the same. 

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

The estimate was approved by Theresa Gullo, 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 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 H.R. 2388 will have a 

minimal impact on regulatory or paperwork requirements. 

EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding H.R. 2388. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that the enactment of 

H.R. 2388 will not make any changes in existing law. 

Æ 


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