H.R. 2455 — Reported in House

IB Union Calendar No. 472 113th CONGRESS 2d Session H. R. 2455 [Report No. 113–632] IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources December 1, 2014 Additional sponsors: Mr. Young of Alaska and Ms. Titus December 1, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on June 20, 2013 A BILL To provide for the sale or transfer of certain Federal lands in Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Lands Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—ELKO MOTOCROSS LAND CONVEYANCE Sec. 101. Definitions. Sec. 102. Conveyance of land to county. Title II—TRANSFERS TO TRIBES Sec. 201. Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada. Sec. 202. Transfer of land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe. Sec. 203. Transfer of land to be held in trust for the Shoshone Paiute Tribes. Sec. 204. Transfer of land to be held in trust for the Summit Lake Paiute Tribe. Sec. 205. Transfer of land to be held in trust for the South Fork Band Council. Sec. 206. Transfer of land to be held in trust for the Reno-Sparks Indian Colony land. Sec. 207. Transfer of land to be held in trust for the Pyramid Lake Paiute Tribe. 2. Definition of Secretary Unless otherwise designated, in this Act, the term “Secretary” means the Secretary of the Interior. I ELKO MOTOCROSS LAND CONVEYANCE 101. Definitions In this title: (1) City The term city means the city of Elko, Nevada. (2) County The term county means the county of Elko, Nevada. (3) Map The term map means the map entitled Elko Motocross Park and dated January 9, 2010. 102. Conveyance of land to county (a) In general As soon as practicable after the date of enactment of this Act, subject to valid existing rights and the provisions of this section, the Secretary shall convey to the county, without consideration, all right, title, and interest of the United States in and to the land described in subsection (b). (b) Description of land The land referred to in subsection (a) consists of approximately 275 acres of land managed by the Bureau of Land Management, Elko District, Nevada, as generally depicted on the map as Elko Motocross Park. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall finalize the legal description of the parcel to be conveyed under this section. (2) Minor errors The Secretary may correct any minor error in— (A) the map; or (B) the legal description. (3) Availability The map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Use of conveyed land The land conveyed under this section shall be used only as a motocross, bicycle, off-highway vehicle, or stock car racing area, or for any other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.). (e) Administrative costs The Secretary shall require the county to pay all survey costs and other administrative costs necessary for the preparation and completion of any patents for, and transfers of title to, the land described in subsection (b). II TRANSFERS TO TRIBES 201. Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 373 acres of land administered by the Bureau of Land Management as generally depicted on the map as Lands to be Held in Trust. (c) Map The term map means the map entitled Te-Moak Tribal Land Expansion, dated September 30, 2008, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. 202. Transfer of land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 19,094 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands. (c) Map The term map means the map entitled Fort McDermitt Indian Reservation Expansion Act, dated February 21, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. 203. Transfer of land to be held in trust for the Shoshone Paiute Tribes (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (2) shall be part of the reservation of those Indian tribes. (b) Description of land The land referred to in subsection (a) is the approximately 82 acres of land administered by the United States Forest Service as generally depicted on the map as Proposed Acquisition Site. (c) Map The term map means the map entitled Mountain City Administrative Site Proposed Acquisition, with a revision date of July 29, 2013, and on file and available for public inspection in the appropriate offices of the United States Forest Service. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary of Agriculture an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary of Agriculture shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary of Agriculture, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the United States Forest Service. 204. Transfer of land to be held in trust for the Summit Lake Paiute Tribe (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands. (c) Map The term map means the map entitled Summit Lake Indian Reservation Conveyance, dated February 28, 2013, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. 205. Transfer of land to be held in trust for the South Fork Band Council (a) Release of wilderness study area (1) Finding Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Red Spring wilderness study area has been adequately studied for wilderness designation. (2) Release The public land described in paragraph (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). (b) Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (1) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (2)— (A) are hereby declared to be held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band); and (B) shall be part of the reservation of that Indian tribe. (2) Exception The administration of all oil and gas leases in existence on the date of enactment of this Act shall remain the responsibility of the Bureau of Land Management in consultation with the Tribe. (3) Description of Land The land referred to in paragraph (2) is the approximately 28,162 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands. (4) Map The term map means the map entitled South Fork Indian Reservation Expansion, dated June 9, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (5) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (2). (6) Use of Trust Land (A) Gaming Land taken into trust under paragraph (2) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (B) General uses The Tribe shall use the land taken into trust under paragraph (2) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (C) Other uses If the Tribe uses any portion of the land taken into trust under paragraph (2) for a purpose other than a purpose described in subparagraph (B), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (D) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (7) Thinning; landscape restoration With respect to the land taken into trust under paragraph (2), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. 206. Transfer of land to be held in trust for the Reno-Sparks Indian Colony land (a) In General Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 13,434 acres of land administered by the Bureau of Land Management as generally depicted on the map as RSIC Amended Boundary. (c) Map The term map means the map entitled Reno-Sparks Indian Colony Expansion, dated June 11, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. 207. Transfer of land to be held in trust for the Pyramid Lake Paiute Tribe (a) In general Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)— (1) are hereby declared to be held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (2) shall be part of the reservation of that Indian tribe. (b) Description of land The land referred to in subsection (a) is the approximately 30,669 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands. (c) Map The term map means the map entitled Pyramid Lake Indian Reservation Expansion, dated June 9, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Survey Not later than 180 days after the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a). (e) Use of trust land (1) Gaming Land taken into trust under subsection (a) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703). (2) General uses (A) In general The Tribe shall use the land taken into trust under subsection (a) only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; (iii) mineral leasing; (iv) residential or recreational development; or (v) renewable energy development. (B) Other uses If the Tribe uses any portion of the land taken into trust under subsection (a) for a purpose other than a purpose described in subparagraph (A), the Tribe shall pay to the Secretary an amount that is equal to the fair market value of the portion of the land, as determined by an appraisal. (C) Appraisal The Secretary shall determine the fair market value of the land under paragraph (2)(B) based on an appraisal that is performed in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; (ii) the Uniform Standards of Professional Appraisal Practices; and (iii) any other applicable law (including regulations). (3) Thinning; landscape restoration With respect to the land taken into trust under subsection (a), the Secretary, in consultation and coordination with the Tribe, may carry out any fuels reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Tribe and the Bureau of Land Management. December 1, 2014 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed