HR-2302-119
Placed on Senate Legislative Calendar under General Orders. Calendar No. 675.
Sponsored by Tom McClintock (R-CA)
What it does
This bill would revoke a 1964 public land order and transfer jurisdiction over that land to the Secretary of the Interior. Within 180 days, the Secretary would be required to place approximately 265 acres (80 acres of BLM land and 185 acres known as Indian Creek Ranch) into trust for the Shingle Springs Band of Miwok Indians, making it part of the tribe's reservation. The bill explicitly prohibits the land from being used for class II or class III gaming.
Who benefits
The Shingle Springs Band of Miwok Indians, which would gain expanded reservation land placed under federal trust protection and tribal jurisdiction. Tribal members could benefit from additional land for housing, cultural, or economic development purposes (excluding gaming). The Bureau of Indian Affairs would administer a modest expansion of trust land.
Who is hurt
No group appears to be significantly harmed; the land is currently federal (BLM-managed) land, not private property, so no private landowners are displaced. Local El Dorado County government could see a small reduction in land available for potential non-tribal use or future county jurisdiction, and the county may lose any minor property tax base tied to non-federal portions if applicable. Federal land management agencies lose administrative jurisdiction over the affected acreage.
Supporters argue
Supporters argue that this bill corrects an outdated 1964 land order and restores land historically connected to the Shingle Springs Rancheria to tribal trust status, consistent with federal policy supporting tribal self-determination and land consolidation. They contend the explicit gaming prohibition addresses community concerns about casino expansion, making this a narrow, targeted land transfer rather than an economic development vehicle.
Opponents argue
Opponents argue that land-into-trust transfers can remove property from state and local tax rolls and regulatory jurisdiction, shifting land use decisions to federal and tribal authorities without full input from surrounding communities. They contend that even with the gaming prohibition, trust status could complicate local zoning, environmental review, or law enforcement coordination in the surrounding El Dorado County area.
Constitutional context
Congress's plenary authority over Indian affairs derives from the Indian Commerce Clause (Art. I, §8, cl. 3) and longstanding trust responsibility doctrine, which the Supreme Court has recognized since cases like United States v. Kagama (1886) and Morton v. Mancari (1974) as a valid basis for legislation benefiting tribes as political entities rather than racial classifications.
Checks and balances
Congress directs the transfer by statute while the Secretary of the Interior (executive branch) implements it through survey and trust administration, with courts available to review any disputes over land descriptions or existing rights.
Historical precedent
Congress has passed numerous similar tribe-specific land-into-trust bills, such as other rancheria and reservation land transfer acts affecting individual tribes.