S. 1167 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1167 IN THE SENATE OF THE UNITED STATES June 13, 2013 Mr. Heller (for himself and Mr. Reid) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior to convey certain Federal land to Elko County, Nevada, and to take land into trust for the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Elko Motocross and Tribal Conveyance Act. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Elko Motocross Land Conveyance Sec. 101. Definitions. Sec. 102. Conveyance of land to county. TITLE II—Elko Indian Colony Expansion Sec. 201. Definitions. Sec. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada. Sec. 203. Authorization of appropriations. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of the Interior, acting through the Bureau of Land Management. 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). (f) Reversion If the land conveyed under this section ceases to be used for a public purpose in accordance with subsection (d), the land shall, at the discretion of the Secretary, revert to the United States. II Elko Indian Colony expansion 201. Definitions In this title: (1) 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. (2) Tribe The term Tribe means the Te-moak Tribe of Western Shoshone Indians of Nevada, which is a federally recognized Indian tribe. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone Indians of Nevada (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) shall be held in trust by the United States for the benefit and use of the Tribe; and (2) shall be part of the reservation of the Tribe. (b) Description of land The land referred to in subsection (a) consists of 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) 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). (d) Conditions (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) Use of trust land (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; or (iii) residential or recreational 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) Use of funds Any amounts received by the Secretary under subparagraph (B) shall be— (i) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and (ii) used in accordance with that Act. (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 on the land that is beneficial to the Tribe and the Bureau of Land Management. 203. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this title.