S. 2480 — Reported in Senate

II Calendar No. 545 113th CONGRESS 2d Session S. 2480 IN THE SENATE OF THE UNITED STATES June 17, 2014Mr. Reid (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs August 26, 2014Reported, under authority of the order of the Senate of August 5 (legislative day, August 1), 2014, by Mr. Tester, with an amendmentStrike out all after the enacting clause and insert the part printed in italic 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 certain Indian tribes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Land Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Definition of Secretary.TITLE I—Elko Motocross land conveyanceSec. 101. Definitions.Sec. 102. Conveyance of land to county.TITLE II—Conveyance of land to Indian tribesSec. 201. Conveyance of land to be held in trust for certain Indian tribes.Sec. 202. Administration. 2. Definition of Secretary 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 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 Conveyance of land to Indian tribes 201. Conveyance of land to be held in trust for certain Indian tribes (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (1) Definition of map In this subsection, 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) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land The land referred to in paragraph (2) 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. (b) Conveyance of land To be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (1) Definition of map In this subsection, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land The land referred to in paragraph (2) 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) Conveyance of land To be held in trust for the Shoshone Paiute Tribes (1) Definition of map In this subsection, the term map means the map entitled Mountain City Administrative Site Proposed Acquisition, dated July 29, 2013, and on file and available for public inspection in the appropriate offices of the Forest Service. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as Proposed Acquisition Site. (d) Transfer of land To be held in trust for the Summit Lake Paiute Tribe (1) Definition of map In this section, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands. (e) Transfer of land To be held in trust for the Reno-Sparks Indian Colony land (1) Definition of map In this subsection, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno-Sparks Indian Colony. (3) Description of land The land referred to in paragraph (2) 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. (f) Transfer of land To be held in trust for the Pyramid Lake Paiute Tribe (1) Map In this subsection, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)— (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) 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. (g) Transfer of land To be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (1) Release of wilderness study area (A) 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. (B) Release The public land described in subparagraph (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)). (2) Transfer of land to be held in trust for the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band) (A) Definition of map In this paragraph, 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. (B) Conveyance of land (i) In general Subject to clause (ii) and all valid existing rights, all right, title, and interest of the United States in and to the land described in subparagraph (C)— (I) is 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 (II) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (South Fork Band). (ii) Exception The oversight and renewal of all oil and gas leases in existence on the date of the enactment of this Act shall remain the responsibility of the Bureau of Land Management in consultation with the South Fork Band Council. (C) Description of land The land referred to in subparagraph (B) 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. 202. Administration (a) 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 for each Indian tribe under section 201. (b) Use of trust land (1) Gaming Land taken into trust under section 201 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 Each Indian tribe for which land is taken into trust under section 201 shall use the land taken into trust under that section only for— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Indian tribe; (iii) residential or recreational development; (iv) renewable energy development; or (v) mineral development. (B) Other uses If an Indian tribe for which land is taken into trust under section 201 uses any portion of the land taken into trust under that section for a purpose other than a purpose described in subparagraph (A), that Indian 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 section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. 1. Short title; table of contents (a) Short title This Act may be cited as the Nevada Native Nations Land Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents.Sec. 2. Definition of Secretary.TITLE I—Elko Motocross land conveyanceSec. 101. Definitions.Sec. 102. Conveyance of land to county.TITLE II—Conveyance of land to Indian tribesSec. 201. Conveyance of land to be held in trust for certain Indian tribes.Sec. 202. Administration. 2. Definition of Secretary 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 such terms and conditions as the Secretary determines to be necessary and after agreement from the county, 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 Conveyance of land to Indian tribes 201. Conveyance of land to be held in trust for certain Indian tribes (a) Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band) (1) Definition of map In this subsection, 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) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band); and (B) shall be part of the reservation of the Te-Moak Tribe of Western Shoshone Indians of Nevada (Elko Band). (3) Description of land The land referred to in paragraph (2) 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. (b) Conveyance of land to be held in trust for the Fort McDermitt Paiute and Shoshone Tribe (1) Definition of map In this subsection, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Fort McDermitt Paiute and Shoshone Tribe; and (B) shall be part of the reservation of the Fort McDermitt Paiute and Shoshone Tribe. (3) Description of land The land referred to in paragraph (2) 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) Conveyance of land to be held in trust for the Shoshone Paiute Tribes (1) Definition of map In this subsection, the term map means the map entitled Mountain City Administrative Site Proposed Acquisition, dated July 29, 2013, and on file and available for public inspection in the appropriate offices of the Forest Service. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation; and (B) shall be part of the reservation of the Shoshone Paiute Tribes of the Duck Valley Indian Reservation. (3) Description of land The land referred to in paragraph (2) is the approximately 82 acres of land administered by the Forest Service as generally depicted on the map as Proposed Acquisition Site. (d) Transfer of land to be held in trust for the Summit Lake Paiute Tribe (1) Definition of map In this section, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Summit Lake Paiute Tribe; and (B) shall be part of the reservation of the Summit Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 941 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Conveyance Lands. (e) Transfer of land to be held in trust for the Reno-Sparks Indian Colony land (1) Definition of map In this subsection, 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. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (3)— (A) is held in trust by the United States for the benefit of the Reno-Sparks Indian Colony; and (B) shall be part of the reservation of the Reno-Sparks Indian Colony. (3) Description of land The land referred to in paragraph (2) 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. (f) Transfer of land to be held in trust for the Pyramid Lake Paiute Tribe (1) Map In this subsection, the term map means the map entitled Pyramid Lake Indian Reservation Expansion, dated July 26, 2014, and on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (2) Conveyance of land Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph (1)— (A) is held in trust by the United States for the benefit of the Pyramid Lake Paiute Tribe; and (B) shall be part of the reservation of the Pyramid Lake Paiute Tribe. (3) Description of land The land referred to in paragraph (2) is the approximately 11,719 acres of land administered by the Bureau of Land Management as generally depicted on the map as Reservation Expansion Lands. 202. Administration (a) 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 for each Indian tribe under section 201. (b) Use of trust land (1) Gaming Land taken into trust under section 201 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) Thinning; landscape restoration With respect to the land taken into trust under section 201, the Secretary, in consultation and coordination with the applicable Indian tribe, may carry out any fuel reduction and other landscape restoration activities, including restoration of sage grouse habitat, on the land that is beneficial to the Indian tribe and the Bureau of Land Management. August 26, 2014Reported with an amendment