99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–679

AUTHORIZING LEASES FOR TERMS NOT TO EXCEED 99 

YEARS ON LANDS HELD IN TRUST FOR THE YUROK 

TRIBE AND THE HOPLAND BAND OF POMO INDIANS

SEPTEMBER 24, 2002.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 5108] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 5108) to authorize leases for terms not to exceed 99 years on 

lands held in trust for the Yurok Tribe and the Hopland Band of 

Pomo Indians, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of H.R. 5108, is to authorize leases for terms not to 

exceed 99 years on lands held in trust for the Yurok Tribe and the 

Hopland Band of Pomo Indians. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 5108 will allow two California tribes to enter into long-term 

leases on land held in trust for the tribes. This authority has been 

granted to many other tribes in the past to help promote economic 

development and to advance Native American self-determination. 

More often than not, tribal projects involve the leasing of the reservation lands held in trust by the federal government for the benefit of the tribes. For the majority of tribes in the country, the maximum allowable term for a federally-approved land lease cannot exceed a 25 years, with a second optional 25–year renewal. This 25–

year statutory limit is a barrier to many federally recognized Indian tribes, including the Yuroks and the Hopland Band of Pomo 

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Indians, that are struggling to enhance economic development opportunities and gain access to capital markets. 

H.R. 5108 will assist the Yurok Tribe and the Hopland Band of 

Pomo Indians in their continued efforts toward adequate housing, 

commercial development, economic diversity, and self-determination. Neighboring reservation communities will also benefit from 

continued growth in the Tribal economies, the expansion of employment, housing, and educational opportunities. 

COMMITTEE ACTION

H.R. 5108 was introduced on July 11, 2002, by Congressman 

Mike Thompson (D–CA). The bill was referred to the Committee on 

Resources. On September 12, 2002, the full Resources Committee 

met to consider the bill. No amendments were offered and the bill 

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:

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U.S. CONGRESS

CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 20, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5108, a bill to authorize 

leases for terms not to exceed 99 years on lands held in trust for 

the Yurok Tribe and the Hopland Band of Pomo Indians. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Lanette J. Walker. 

Sincerely, 

BARRY B. ANDERSON

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 5108—A bill to authorize leases for terms not to exceed 99 

years on lands held in trust for the Yurok Tribe and the 

Hopland Band of Pomo Indians 

CBO estimates the enacting H.R. 5108 would have no significant 

impact on the federal budget. Because enactment of H.R. 5108 

would not affect direct spending or receipts, pay-you-go procedures 

would apply. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act 

and would impose no costs on state, local, or tribal governments. 

H.R. 5108 would add lands held in trust for the Yurok Tribe and 

the Hopland Band of Pomo Indians to the list of lands that could 

be leased for up to 99 years. Under current law, these tribes may 

only enter into leases on lands in trust that do not exceed 25 years. 

Based on information provided by the Bureau Of Indian Affairs, 

CBO expects that implementing this change in lease terms could 

result in a small administrative cost savings to that agency because of less frequent lease renewals. However, CBO estimates 

that any such savings would be less than %500,000 a year over the 

2003–2007 period. 

The CBO staff contact for this estimate is Lanette J. Walker. 

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 MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italics 

and existing law in which no change is proposed is shown in 

roman): 

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SECTION 1 OF THE ACT OF AUGUST 9, 1955

AN ACT To authorize the leasing of restricted Indian lands for public, religious, 

educational, recreational, residential, business, and other purposes requiring the 

grant of long-term leases.

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That (a) any restricted Indian lands, whether tribally or individually owned, may 

be leased by the Indian owners, with the approval of the Secretary 

of the Interior, for public, religious, educational, recreational, residential, or business purposes, including the development or utilization of natural resources in connection with operations under such 

leases, for grazing purposes, and for those farming purposes which 

require the making of a substantial investment in the improvement 

of the land for the production of specialized crops as determined by 

said Secretary. All leases so granted shall be for a term of not to 

exceed twenty-five years, except leases of land located outside the 

boundaries of Indian reservations in the State of New Mexico, 

leases of land on the Agua Caliente (Palm Springs) Reservation, 

the Dania Reservation, the Pueblo of Santa Ana (with the exception of the lands known as the ‘‘Santa Ana Pueblo Spanish Grant’’), 

the reservation of the Confederated Tribes of the Warm Springs 

Reservation of Oregon, the Moapa Indian reservation, the 

Swinomish Indian Reservation, the Southern Ute Reservation, the 

Fort Mojave Reservation, the Burns Paiute Reservation, the 

Kalispel Indian Reservation, the pueblo of Cochiti, the pueblo of 

Pojoaque, the pueblo of Tesuque, the pueblo of Zuni, the Hualapai 

Reservation, the Spokane Reservation, the San Carlos Apache Reservation, Yavapai-Prescott Community Reservations, the Pyramid 

Lake Reservation, the Gila River Reservation, the Soboba Indian 

Reservation, the Viejas Indian Reservation, the Tulalip Indian Reservation, the Navajo Reservation, the Cabazon Indian Reservation, 

the Mille Lacs Reservation with respect to a lease between an entity established by the Mille Lacs Band of Chippewa Indians and the 

Minnesota Historical Society, leases of lands comprising the Moses 

Allotment Numbered 10, Chelan County, Washington,, and lands 

held in trust for the Las Vegas Paiute Tribe of Indians, and lands 

held in trust for the Twenty-nine Palms Band of Luiseno Mission 

Indians, and lands held in trust for the Reno Sparks Indian Colony, lands held in trust for the Torres Martinez Desert Cahuilla Indians, lands held in trust for the Guidiville Band of Pomo Indians 

of the Guidiville Indian Rancheria, lands held in trust for the Confederated Tribes of the Umatilla Indian Reservation, lands held in 

trust for the Confederated Tribes of the Warm Springs Reservation 

of Oregon, lands held in trust for the Cherokee Nation of Oklahoma, lands held in trust for the Pueblo of Santa Clara, lands held 

in trust for the Yurok Tribe, lands held in trust for the Hopland 

Band of Pomo Indians of the Hopland Rancheria, lands held in 

trust for the Confederated Tribes of the Colville Reservation, lands 

held in trust for the Cahuilla Band of Indians of California, lands 

held in trust for the confederated Tribes of the Grand Ronde Community of Oregon, and the lands held in trust for the Confederated 

Salish and Kootenai Tribes of the Flathead Reservation, Montana, 

and leases to the Devils Lake Sioux Tribe, or any organization of 

such tribe, of land on the Devils Lake Sioux Reservation, which 

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may be for a term of not to exceed ninety-nine years, and except 

leases of land for grazing purposes which may be for a term not 

to exceed ten years. Leases for public, religious, educational, recreational, residential, or business purposes with the consent of both 

parties may include provisions authorizing their renewal for one 

additional term of not to exceed twenty-five years, and all leases 

and renewals shall be made under such terms and regulations as 

may be prescribed by the Secretary of the Interior. Prior to approval of any lease or extension of an existing lease pursuant to 

this section, the Secretary of the Interior shall first satisfy himself 

that adequate consideration has been given to the relationship between the use of the leased lands and the use of neighboring lands; 

the height, quality, and safety of any structures or other facilities 

to be constructed on such lands; the availability of police and fire 

protection and other services; the availability of judicial forums for 

all criminal and civil causes arising on the leased lands; and the 

effect on the environment of the uses to which the leased lands will 

be subject.

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