[Congressional Record Volume 156, Number 48 (Thursday, March 25, 2010)]
[Senate]
[Pages S2127-S2129]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 3185. 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; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today with my good friend Senator 
Ensign to introduce the Elko Motocross and Tribal Conveyance Act of 
2010.
  As you may know, the Federal Government manages more than 87 percent 
of the land in Nevada, which equates to more than 61 million acres. 
This fact makes it necessary for our communities to pursue Federal 
remedies for problems that can be handled in a much more expeditious 
manner in States that have more private land than we do. This bill, for 
instance, would transfer one small parcel of land to Elko County and 
another to the Elko Indian Colony. Both conveyances will provide 
important benefits to the residents of northeastern Nevada, and both 
conveyances require congressional action.
  The first title of this Act would convey approximately 300 acres of 
public land managed by the Bureau of Land Management, BLM, Elko Field 
Office to Elko County. This proposal, which is strongly supported by 
the local community, would clear the way for the construction of a BMX, 
motocross, off-highway vehicle, and stock car racing area. It is worth 
noting that Elko County tried for many years to work

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through the normal administrative process to get a recreation and 
public purposes lease on this land, but the local BLM field office has 
been unable to process the request due to a very high workload.
  Off-road vehicles are an important part of life in rural Nevada. In 
response to this interest, Elko County has attempted to provide a 
variety of motorized recreational opportunities for both residents and 
visitors. This legislation will help the City of Elko develop a 
centralized, multipurpose recreational facility on the western edge of 
the city with easy access to Interstate-80. The new Elko Motocross Park 
will eliminate traffic and noise issues caused by the existing stock 
car racing track. The new park will also draw OHV enthusiasts from 
across northeastern Nevada, which will, in turn, provide an economic 
boost to local businesses.
  Beyond the convenient location, economic benefits, and potential for 
diverse recreational opportunities at the Elko Motocross Park site, 
this new complex will provide a place for people to learn responsible 
use and enjoyment of recreational vehicles. I believe this facility 
will be a model for other communities in the West that are interested 
in creating safe, centralized recreation areas for motorsports. I would 
also like to commend Elko County, the State of Nevada, the Nevada 
Association of Counties and many others for working together on recent 
statewide initiatives that will encourage the sustainable use of off-
highway vehicles on public lands.
  Title II of this Act directs the Secretary of the Interior to make a 
reasonable expansion of the Elko Indian Colony by taking approximately 
373 acres of land into trust for the Elko Band to address their need 
for additional land. The Elko Band is one of four constituent bands 
that make up the Te-Moak Tribe of Western Shoshone Indians of Nevada. 
Each band has a separate reservation or colony in northeastern Nevada. 
While the Elko Band's population has steadily grown, their land base 
has remained the same for over 75 years.
  The histories of the City of Elko and the Elko Indian Colony have 
long been intertwined. Elko was established as a railroad town in 1868 
with the construction of the Central Pacific, part of the first 
transcontinental railroad. Shoshone families lived nearby and worked on 
the railroad as well as in the nearby mines and on local ranches. 
Despite government efforts to relocate the Elko Band in the late 
nineteenth century, these families persevered and remained in the Elko 
area. In 1918, President Woodrow Wilson created the Elko Indian Colony 
when he reserved 160 acres near Elko for the Shoshone Indians by 
executive order.
  The Elko Indian Colony has always been a thriving part of the greater 
Elko community. Unfortunately, while more than half of the Elko Band's 
enrolled members live and work in Elko, the Elko Colony has one of the 
smallest land bases of the four constituent bands. Over 350 tribal 
members must live outside of the colony because it lacks land for 
additional housing and housing related community development. Our 
legislation would address this need by making land available for 
residential and commercial development, or for traditional uses, such 
as ceremonial gatherings, hunting and plant collecting.
  I also want to highlight that this legislation is designed to protect 
the city's rights-of-way that cross the land in question. We have also 
received letters expressing strong support for this tribal conveyance 
from both the City of Elko and Elko County.
  It is always encouraging when communities come together to support 
projects like these and we are grateful for their collective work on 
this effort. This bill is vital to the growing communities we serve. We 
look forward to working with Chairman Bingaman, Ranking Member 
Murkowski and the other distinguished committee members to move this 
bill through the process.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3185

       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--

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       (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.
                                 ______