[Congressional Record Volume 157, Number 41 (Thursday, March 17, 2011)]
[Senate]
[Pages S1834-S1836]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 617. A bill to require the Secretary of the Interior to convey 
certain Federal land to Elko County, Nevada, and

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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 to reintroduce the Elko 
Motocross and Tribal Conveyance Act of 2011. This bill would transfer 
two small parcels of public land to Elko County and the Elko Indian 
Colony and provide an important economic development opportunity to the 
people of Elko County.
  In my home State of Nevada, the Federal Government manages more than 
87 percent of the land--more than 61 million acres in all. As a result, 
our communities come to their congressional delegation for help 
remedying problems that are often handled on the state or local level 
in other parts of the country.
  The first part of our legislation would convey approximately 300 
acres of public land managed by the Bureau of Land Management's, BLM, 
Elko Field Office to Elko County. This proposal is strongly supported 
by the local community as a way to provide for a variety of motorized 
recreational opportunities for both residents and visitors of Elko. 
Off-highway vehicles are a popular form of recreation throughout Nevada 
and our citizens enthusiastically support safe and sustainable 
motorized outdoor activities.
  This legislation will help Elko County develop a centralized, 
multipurpose recreational facility on the western edge of the City of 
Elko with easy access to Interstate 80. The new park will draw OHV 
enthusiasts from across northeastern Nevada and beyond, providing a 
much needed economic boost to local businesses. Beyond the convenient 
location, economic benefits, and potential for diverse recreational 
opportunities at the proposed Elko Motocross Park site, this new 
facility will serve as a place for people to learn responsible use and 
enjoyment of these recreational vehicles.
  Title two of our bill would direct the Secretary of the Interior to 
expand the Elko Indian Colony by taking approximately 373 acres of land 
into trust for the Elko Band to address their compelling 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 Elko Indian Colony has always been a thriving part of the greater 
Elko community. When Elko was established as a railroad town in 1868, 
Shoshone families lived nearby, working 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 for 
the Shoshone Indians near Elko by executive order.
  While more than half of the Te-Moak's Tribe's enrolled members 
continue to live and work in Elko, it is the unfortunate truth that 
over 350 tribal members must live outside of the colony. The Elko 
Colony has one of the smallest land bases of the four constituent bands 
and it lacks adequate land for housing and community development. Our 
legislation would address this need by making land available for 
residential development and for traditional uses, such as ceremonial 
gatherings, hunting and plant collecting.
  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 members of the Senate Energy and 
Natural Resources Committee to move this bill through their 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. 617

       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 
     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.

                 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, 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--

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       (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.

     SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.
                                 ______