[Congressional Record (Bound Edition), Volume 160 (2014), Part 7]
[Senate]
[Pages 10168-10171]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mr. Franken, and Mr. Sanders):
  S. 2476. A bill to direct the Federal Communications Commission to 
promulgate regulations that prohibit certain preferential treatment or 
prioritization of Internet traffic; to the Committee on Commerce, 
Science, and Transportation.
  Mr. LEAHY. Mr President, in recent months, we have seen an outpouring 
of public support for maintaining meaningful open Internet rules. 
Americans are speaking loud and clear--they want an Internet that is a 
platform for free expression and innovation, where the best ideas and 
services can reach consumers based on merit rather than based on a 
financial relationship with a broadband provider. I agree, which is why 
today I am proud to join my friend in the House, Representative Doris 
Matsui of California, to introduce bicameral legislation requiring the 
Federal Communications Commission FCC, to ban pay-to-play deals on the 
Internet.
  Since FCC Chairman Tom Wheeler began a proceeding to consider new 
open Internet rules, nearly 300,000 Americans have commented on his 
proposal. They are concerned that the Internet will become a place 
where broadband providers charge tolls to websites or applications in 
order to reach end users. This would represent a fundamental departure 
from the way in which consumers and entrepreneurs interact with the 
Internet. A two-tiered Internet based on ability to pay would harm the 
innovative and competitive environment we have all come to expect in 
the online world.
  A pay-to-play Internet would allow larger companies to squeeze out 
their competitors. A small web company in Vermont that develops an idea 
to rival the largest Silicon Valley titans should not have to worry 
that its access to consumers could be blocked because its competitors 
have a paid arrangement with broadband providers. The next generation 
of Internet companies should have the same protections that allowed a 
company like Vermont's Dealer.com to become a thriving success.
  Such arrangements would also harm consumers, who would not have the 
assurance that the service they are paying for will provide the speed 
that they

[[Page 10169]]

want. Too many Americans currently lack real choice in broadband 
providers, particularly those in rural areas. If the FCC clears the way 
for pay-to-play deals, whole swaths of the Internet could become 
functionally inaccessible to the customers of certain Internet 
providers. This is not the Internet we know today and we must act to 
ensure that it does not come to pass.
  The Online Competition and Consumer Choice Act, which I am 
introducing with Congresswoman Matsui today, is straightforward. It 
requires the FCC to establish rules preventing providers from charging 
websites for priority access. It also requires rules to prevent 
providers from prioritizing their own affiliated content or services. 
This legislation should not be used by opponents of meaningful open 
Internet rules as an excuse for the FCC to not take any action that 
will protect consumers and innovators. The FCC should act now to ban 
these deals. I appreciate that Chairman Wheeler is asking whether they 
should be banned outright in the current open Internet proceeding. The 
overwhelming response from the American people is that they should be.
  The importance of an open Internet is an issue that resonates outside 
of the Beltway, and with good reason--most Americans interact with the 
Internet as part of their daily lives. The issue of how we protect and 
promote an open Internet is crucial to our culture and our economy. I 
want to make sure that stakeholders from outside of Washington have an 
opportunity to show policymakers and regulators here that their 
decisions will have a significant impact throughout the country. That 
is why I am holding a Judiciary Committee field hearing on July 1 at 
the University of Vermont.
  There should be widespread agreement to prevent special deals that 
harm consumers and dampen online innovation. The FCC and Congress 
should rightly focus on this timely and significant issue. I urge the 
Senate to pass this constructive legislative response.
  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. 2476

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Online Competition and 
     Consumer Choice Act of 2014''.

     SEC. 2. FCC REGULATIONS PROHIBITING CERTAIN PREFERENTIAL 
                   TREATMENT OR PRIORITIZATION OF INTERNET 
                   TRAFFIC.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Commission shall promulgate 
     regulations that--
       (1) prohibit a broadband provider from entering into an 
     agreement with an edge provider under which the broadband 
     provider agrees, for consideration, in transmitting network 
     traffic over the broadband Internet access service of an end 
     user, to give preferential treatment or priority to the 
     traffic of such edge provider over the traffic of other edge 
     providers; and
       (2) prohibit a broadband provider, in transmitting network 
     traffic over the broadband Internet access service of an end 
     user, from giving preferential treatment or priority to the 
     traffic of content, applications, services, or devices that 
     are provided or operated by such broadband provider, or an 
     affiliate of such broadband provider, over the traffic of 
     other content, applications, services, or devices.
       (b) Rules of Construction.--
       (1) Certain traffic not affected.--Nothing in this section 
     shall be construed as superseding any obligation or 
     authorization a broadband provider may have to address the 
     needs of emergency communications or law enforcement, public 
     safety, or national security authorities, consistent with or 
     as permitted by applicable law, or as limiting the ability of 
     the provider to do so.
       (2) Clarification of authority.--Nothing in this section 
     shall be construed as limiting the authority of the 
     Commission under any other provision of law, including the 
     authority to promulgate regulations prohibiting or limiting 
     preferential treatment or prioritization of the traffic of an 
     edge provider by a broadband provider under GN Docket No. 14-
     28 (relating to the matter of protecting and promoting the 
     open Internet).
       (c) Enforcement.--For purposes of sections 503(b) and 504 
     of the Communications Act of 1934 (47 U.S.C. 503(b); 504), 
     this section shall be considered to be a part of such Act. 
     With respect to enforcement under this section only, the 
     following modifications of such section 503(b) shall apply:
       (1) Paragraph (5) shall not apply.
       (2) Paragraph (6) shall be applied by substituting the 
     following: ``No forfeiture penalty shall be determined or 
     imposed against any person under this subsection if the 
     violation charged occurred more than 3 years prior to the 
     date of issuance of the required notice or notice of apparent 
     liability.''.
       (d) Definitions.--In this section:
       (1) Affiliate.--The term ``affiliate'' has the meaning 
     given such term in section 3 of the Communications Act of 
     1934 (47 U.S.C. 153).
       (2) Broadband internet access service.--The term 
     ``broadband Internet access service'' has the meaning given 
     such term in section 8.11 of title 47, Code of Federal 
     Regulations.
       (3) Broadband provider.--The term ``broadband provider'' 
     means a provider of broadband Internet access service.
       (4) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (5) Edge provider.--The term ``edge provider'' means an 
     individual, institution, or other entity that provides--
       (A) any content, application, or service over the Internet; 
     or
       (B) a device used for accessing any content, application, 
     or service over the Internet.
       (6) End user.--The term ``end user'' means an individual, 
     institution, or other entity that uses a broadband Internet 
     access service.
                                 ______
                                 
      By Ms. COLLINS (for herself and Mrs. Murray):
  S. 2478. A bill to authorize the Secretary of Transportation to 
partner with industry to strengthen the safety culture and safety 
practices of short line and regional freight railroads; to the 
Committee on Commerce, Science, and Transportation.
  Ms. COLLINS. Mr. President, today Senator Murray and I are 
introducing legislation to enhance the safety practices and safety 
culture of short line railroads. The horrific derailment that occurred 
in Lac-Megantic, Quebec, last year, just 30 miles from the Maine 
border, brought to light the importance of ensuring the safe 
transportation of energy products. Specifically, our bill would 
authorize the Secretary of Transportation to make grants to a new Short 
Line Safety Institute for research, development, evaluation, and 
training efforts.
  In the early morning hours of July 6, 2013, a freight train carrying 
hundreds of thousands of gallons of crude oil was sent hurtling toward 
the small, picturesque Canadian village of Lac-Megantic. The train 
derailed in the center of town, leveling several blocks, and killing 47 
residents. Since the accident, the National Transportation Safety Board 
and the Department of Transportation have been working with American 
Short Line and Regional Railroad Association to develop new safety 
guidelines to prevent future disasters.
  While this tragedy hit very close to home for us Mainers, there have 
been several other derailments of crude oil and other hazardous 
material recently across the country. Despite these incidents, the 
railroad industry maintains it has a strong safety record. According to 
the Association of American Railroads, 99.997 percent of rail hazmat 
shipments reached their destination without a release of product. This 
underscores the problem we face today we must ensure that we are taking 
the necessary steps to prevent another Lac-Megantic, while not 
overburdening an industry that has a proven track record of safety.
  There are 550 short line railroad companies that operate over 50,000 
miles of track, or nearly one third of the national railroad network. 
The tracks can be as short as 2 miles or up to more than 1,000 miles 
long. Generally, short line railroads must follow the same rules and 
regulations as the Nation's major railroads. But railroad safety is 
about more than just following the rules. Our bill would authorize the 
Short Line Safety Institute, under the Federal Railroad 
Administration's research and development programs, to provide a 
continuous and active focus on short line safety to assist individual 
short lines to improve their safety performance. It would allow for the 
hiring of professional assessment staff who would work with individual 
short line managers and their employees to assess and improve safety 
practices.

[[Page 10170]]

Safety training materials and techniques would be developed, and 
efforts would be made to further increase management and employee focus 
on creating a safety culture.
  Short line railroads are mostly small businesses with far fewer 
employees than the Class I railroads. In addition, most of the 
employees have multiple responsibilities, stretching their time and 
resources thin. Furthermore, a large percentage of short line railroad 
resources go into track rehabilitation, which limits the resources 
available for other areas. This bill would allow short line railroad 
management to continually work with their employees using the most up 
to date methods to ensure safe operations. It would also improve 
awareness of industry best practices, both in general and with regard 
to specific commodities such as crude oil.
  For those in rural America, short line railroads are a critical link 
to the national railroad network. Most are preserving light density 
lines that otherwise would have been abandoned, leaving thousands of 
small shippers in the lurch. They do their best to provide an essential 
service as safely as possible; however, with assistance, they believe 
they can do better, and establishing a Short Line Safety Institute is a 
cost effective way to do so. The concept merits our support, and I am 
pleased to introduce this legislation with Senator Murray to help make 
this concept a reality.
                                 ______
                                 
      By Mr. REID:
  S. 2479. A bill to provide for a land conveyance in the State of 
Nevada; to the Committee on Indian Affairs.
  Mr. REID. 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. 2479

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Moapa Band of Paiutes Land 
     Conveyance Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map entitled ``Moapa 
     River Reservation Expansion'', dated June 16, 2014, and on 
     file and available for public inspection in the appropriate 
     offices of the Bureau of Land Management.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tribe.--The term ``Tribe'' means the Moapa Band of 
     Paiutes.

     SEC. 3. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE MOAPA 
                   BAND OF PAIUTES.

       (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) shall be--
       (1) held in trust by the United States for the benefit of 
     the Tribe; and
       (2) part of the reservation of the Tribe.
       (b) Description of Land.--The land referred to in 
     subsection (a) is the approximately 26,565 acres of land 
     administered by the Bureau of Land Management and the Bureau 
     of Reclamation as generally depicted on the map as 
     ``Expansion Area''.
       (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) Use of Trust Land.--
       (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 defined in 
     section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 
     2703)).
       (2) General uses.--
       (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;
       (iii) residential or recreational development; or
       (iv) renewable energy development.
       (B) Other uses.--
       (i) In general.--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 in accordance with clause (ii).
       (ii) Appraisal.--The Secretary shall determine the fair 
     market value of the land under clause (i) 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).

                                 ______
                                 
      By Mr. REID (for himself and Mr. Heller):
  S. 2480. 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; to the 
Committee on Indian Affairs.
  Mr. REID. 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. 2480

       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 ``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 CONVEYANCE

Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.

             TITLE II--CONVEYANCE OF LAND TO INDIAN TRIBES

Sec. 201. Conveyance of land to be held in trust for certain Indian 
              tribes.
Sec. 202. Administration.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Interior.

                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 
     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--CONVEYANCE OF LAND TO INDIAN TRIBES

     SEC. 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).

[[Page 10171]]

       (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''.

     SEC. 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.

                          ____________________