[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5416 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5416

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2010

  Mr. Heller introduced the following bill; which was referred to the 
                     Committee on 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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.

SEC. 2. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of the 
Interior, acting through the Bureau of Land Management.

                TITLE I--ELKO MOTOCROSS LAND CONVEYANCE

SEC. 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.

SEC. 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 notwithstanding the 
land use planning requirements of sections 202 and 203 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), 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 300 acres of land managed by the Bureau of 
Land Management, Elko District, Nevada, as 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 subsection (a) 
shall be used only--
            (1) as a motocross, off-highway vehicle, and stock car 
        racing area; or
            (2) for any other public purpose consistent with 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 subsection (a) ceases to 
be used for the public purpose for which the land was conveyed, the 
land shall, at the discretion of the Secretary, revert to the United 
States.

                 TITLE II--ELKO INDIAN COLONY EXPANSION

SEC. 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.

SEC. 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 and identified 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) Rights-of-way.--Before taking the land into trust under 
        subsection (a), not later than 120 days after the date of 
        enactment of this Act, the Secretary shall--
                    (A) complete any applicable environmental review 
                for conveyance of a right-of-way for Jennings Road, as 
                depicted on the map; and
                    (B) subject to the environmental review under 
                subparagraph (A), convey the right-of-way to the City 
                of Elko.
            (2) 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)).
            (3) Use of trust land.--With respect to the use of the land 
        taken into trust under subsection (a), the Tribe shall limit 
        the use of the land to--
                    (A) traditional and customary uses;
                    (B) stewardship conservation for the benefit of the 
                Tribe; and
                    (C)(i) residential or recreational development; or
                    (ii) commercial use.
            (4) 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.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.
                                 <all>