[House Report 113-632]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-632
======================================================================
NEVADA NATIVE NATIONS LANDS ACT
_______
December 1, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 2455]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2455) to provide for the sale or transfer of
certain Federal lands in Nevada, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nevada Native
Nations Lands Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 101. Definitions.
Sec. 102. Conveyance of land to county.
TITLE II--TRANSFERS TO TRIBES
Sec. 201. Transfer of land to be held in trust for the Te-Moak Tribe of
Western Shoshone Indians of Nevada.
Sec. 202. Transfer of land to be held in trust for the Fort McDermitt
Paiute and Shoshone Tribe.
Sec. 203. Transfer of land to be held in trust for the Shoshone Paiute
Tribes.
Sec. 204. Transfer of land to be held in trust for the Summit Lake
Paiute Tribe.
Sec. 205. Transfer of land to be held in trust for the South Fork Band
Council.
Sec. 206. Transfer of land to be held in trust for the Reno-Sparks
Indian Colony land.
Sec. 207. Transfer of land to be held in trust for the Pyramid Lake
Paiute Tribe.
SEC. 2. DEFINITION OF SECRETARY.
Unless otherwise designated, 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 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).
TITLE II--TRANSFERS TO TRIBES
SEC. 201. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF
WESTERN SHOSHONE INDIANS OF NEVADA (ELKO BAND).
(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) are hereby declared to be held in trust by the United
States for the benefit of the Te-Moak Tribe of Western Shoshone
Indians of Nevada (Elko Band); and
(2) shall be part of the reservation of that Indian tribe.
(b) Description of Land.--The land referred to in subsection (a) 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''.
(c) 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.
(d) 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).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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) 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 subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
SEC. 202. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE FORT MCDERMITT
PAIUTE AND SHOSHONE TRIBE.
(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) are hereby declared to be held in trust by the United
States for the benefit of the Fort McDermitt Paiute and
Shoshone Tribe; and
(2) shall be part of the reservation of that Indian tribe.
(b) Description of Land.--The land referred to in subsection (a) 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) Map.--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.
(d) 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).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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) 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 subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
SEC. 203. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE SHOSHONE PAIUTE
TRIBES.
(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) are hereby declared to be held in trust by the United
States for the benefit of the Shoshone Paiute Tribes of the
Duck Valley Indian Reservation; and
(2) shall be part of the reservation of those Indian tribes.
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 82 acres of land administered by the United States
Forest Service as generally depicted on the map as ``Proposed
Acquisition Site''.
(c) Map.--The term ``map'' means the map entitled ``Mountain City
Administrative Site Proposed Acquisition'', with a revision date of
July 29, 2013, and on file and available for public inspection in the
appropriate offices of the United States Forest Service.
(d) Survey.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Agriculture shall complete a survey of the
boundary lines to establish the boundaries of the land taken into trust
under subsection (a).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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 of
Agriculture 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 of Agriculture 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 subsection (a), the Secretary of
Agriculture, in consultation and coordination with the Tribe,
may carry out any fuels reduction and other landscape
restoration activities, including restoration of sage grouse
habitat, on the land that is beneficial to the Tribe and the
United States Forest Service.
SEC. 204. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE SUMMIT LAKE
PAIUTE TRIBE.
(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) are hereby declared to be held in trust by the United
States for the benefit of the Summit Lake Paiute Tribe; and
(2) shall be part of the reservation of that Indian tribe.
(b) Description of Land.--The land referred to in subsection (a) is
the approximately 941 acres of land administered by the Bureau of Land
Management as generally depicted on the map as ``Reservation Conveyance
Lands''.
(c) Map.--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.
(d) 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).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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) 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 subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
SEC. 205. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE SOUTH FORK BAND
COUNCIL.
(a) Release of Wilderness Study Area.--
(1) 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.
(2) Release.--The public land described in paragraph (1) is
no longer subject to section 603(c) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1782(c)).
(b) Transfer of Land to Be Held in Trust for the Te-Moak Tribe of
Western Shoshone Indians of Nevada (South Fork Band).--
(1) In general.--Subject to valid existing rights, all right,
title, and interest of the United States in and to the land
described in paragraph (2)--
(A) are hereby declared to be 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
(B) shall be part of the reservation of that Indian
tribe.
(2) Exception.--The administration of all oil and gas leases
in existence on the date of enactment of this Act shall remain
the responsibility of the Bureau of Land Management in
consultation with the Tribe.
(3) Description of land.--The land referred to in paragraph
(2) 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.''
(4) Map.--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.
(5) 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 paragraph (2).
(6) Use of trust land.--
(A) Gaming.--Land taken into trust under paragraph
(2) 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).
(B) General uses.--The Tribe shall use the land taken
into trust under paragraph (2) only for--
(i) traditional and customary uses;
(ii) stewardship conservation for the benefit
of the Tribe;
(iii) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy development.
(C) Other uses.--If the Tribe uses any portion of the
land taken into trust under paragraph (2) for a purpose
other than a purpose described in subparagraph (B), 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.
(D) 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).
(7) Thinning; landscape restoration.--With respect to the
land taken into trust under paragraph (2), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
SEC. 206. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE RENO-SPARKS
INDIAN COLONY LAND.
(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) are hereby declared to be held in trust by the United
States for the benefit of the Reno-Sparks Indian Colony; and
(2) shall be part of the reservation of that Indian tribe.
(b) Description of Land.--The land referred to in subsection (a) 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''.
(c) Map.--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.
(d) 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).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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) 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 subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
SEC. 207. TRANSFER OF LAND TO BE HELD IN TRUST FOR THE PYRAMID LAKE
PAIUTE TRIBE.
(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) are hereby declared to be held in trust by the United
States for the benefit of the Pyramid Lake Paiute Tribe; and
(2) shall be part of the reservation of that Indian tribe.
(b) Description of Land.--The land referred to in subsection (a) 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''.
(c) Map.--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.
(d) 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).
(e) 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 those terms are
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) mineral leasing;
(iv) residential or recreational development;
or
(v) renewable energy 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) 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 subsection (a), the Secretary, in
consultation and coordination with the Tribe, may carry out any
fuels reduction and other landscape restoration activities,
including restoration of sage grouse habitat, on the land that
is beneficial to the Tribe and the Bureau of Land Management.
PURPOSE OF THE BILL
The purpose of H.R. 2455 is to provide for the sale or
transfer of certain Federal lands in Nevada.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2455 authorizes the sale of 275 acres of Bureau of
Land Management (BLM) land to Elko County, Nevada, for certain
recreation activities (use as a motocross park) and places in
trust a total of approximately 92,755 acres of public lands in
Nevada to expand the reservations of the Elko Band of the Te-
moak Tribe of Western Shoshone Indians of Nevada, the Fort
McDermitt Paiute and Shoshone Tribe of the Fort McDermitt
Indian Reservation, the Shoshone Paiute Tribes of the Duck
Valley Indian Reservation, the Summit Lake Paiute Tribe, the
South Fork Band of the Te-moak Tribe of Western Shoshone
Indians of Nevada, the Reno-Sparks Indian Colony, and the
Pyramid Lake Paiute Tribe. All lands conveyed to Elko and to
the seven tribes are identified in maps referenced in the bill
and the tribes will be required to pay to the Secretary of the
Interior fair market value of the lands acquired in trust if
the tribes use the lands for anything other than the five
specified purposes outlined in the bill: 1) traditional and
customary uses; 2) stewardship conservation for the benefit of
the tribe; 3) mineral leasing; 4) residential or recreational
development; or 5) renewable energy development. Federal fuels
reduction (i.e., thinning of trees and underbrush) and
landscape or sage grouse habitat restoration activities on the
lands conveyed in trust under the bill are also authorized if
done in consultation and coordination with the tribes. The
tribes will be prohibited from conducting gaming pursuant to
the Indian Gaming Regulatory Act on the lands conveyed under
the bill.
Many of the tribes' economies are related to their natural
resources and may include farming and grazing, and in some
cases, recreational fishing. As with most Indian tribes, the
tribal governments are a major source of the reservation
economies. The tribes affected by H.R. 2455 desire to expand
their reservations for a variety of purposes, including
recreational, residential, energy and mineral development. H.R.
2455 will allow the tribes to preserve their cultural heritage
and traditions, expand housing and provide for economic
development opportunities.
Trust lands
Trust land is land the title to which is held in trust by
the United States (through the Secretary of the Interior) for
the benefit of Indians. It is the federal government's
possession of such title that gives the Indian lands its unique
exemption from state and local taxation, from state civil and
regulatory authority, and in certain circumstances from state
criminal jurisdiction. Generally speaking, trust lands cannot
be sold, donated, exchanged, or leased to anyone without the
consent of the tribe and the approval of Congress. Under a
variety of statutes, Congress has delegated to the Secretary of
the Interior authority to review and approve the alienation or
leasing of Indian trust lands.
The Te-moak Tribe of Western Shoshone of Nevada (Elko
Band), based in Elko, is the governing body for a coalition
four colonies of Shoshone Indians in Nevada: Battle Mountain
Colony, Elko Colony, South Fork Band Colony, and Wells Colony.
The Shoshone people historically occupied and used a large
desert area encompassing central Nevada, southern Idaho,
northwestern Utah, and the Death Valley area of California.
H.R. 2455 places approximately 373 acres of BLM land in trust
for the Tribe.
The Fort McDermitt Pauite Tribe and Shoshone Tribe both
share the Fort McDermitt Reservation, Humboldt County, Nevada,
and Malheur County, Oregon. The reservation, originally
established by Executive Order in 1867, is 75 miles north of
Winnemucca, Nevada. However, the land was allotted under the
General Allotment Act of 1887 and it was further opened to
homesteading by non-Indians. A number of Acts of Congress have
authorized the reacquisition of some of these lands by the
tribes. H.R. 2455 places approximately 19,094 acres of BLM land
in trust for the Tribe.
The Duck Valley Reservation, on the Nevada-Idaho line (Elko
County, Nevada, and Owyhee County, Idaho), began with the
Treaty of Ruby Valley. The reservation was established by
several Executive Orders and an Act of Congress. The tribes own
much of the lands within the reservation but most are not held
in trust. H.R. 2455 places approximately 82 acres of BLM land
in trust for the Shoshone Palote Tribe.
The Summit Lake Paiute Reservation, established by
Executive Order in 1913, is located in northwestern Nevada
(Humboldt County). It is more than 10,000 acres. This tribe is
a part of the greater Paiute tribe, a large group of Indian
people who occupied a large part of the eastern slopes of the
Sierra and Cascades ranges until encroachment by non-Indians
led to the creation of a reservation for their use and
occupation. The reservation includes a small part of Summit
Lake. H.R. 2455 places approximately 941 acres of U.S. Forest
Service land in trust for the Summit Lake Paiute Tribe.
The Te-moak Tribe of Western Shoshone of Nevada (South Fork
Band) is located on a reservation nearly 30 miles south of Elko
in northeastern Nevada. The tribe has been accumulating land to
add to its reservation, which was established by Executive
Order in 1941. H.R. 2455 places approximately 28,162 acres of
BLM land in trust for the Tribe, including the approximately
7,847 acres of the Red Spring Wilderness Study Area that is
released in the bill.
The Reno-Sparks Indian Colony, in western Nevada near the
California border, has small amount of lands in Reno and nearly
2,000 acres in Hungry Valley. In 1916, Congress authorized the
purchase of 8.42 acres as a site for the Colony (similar to the
manner in which Congress authorized the Department of the
Interior to purchase lands for Rancherias). Though Congress did
not designate these lands as a reservation or as a federal
trust, in subsequent years, the Secretary of the Interior
nonetheless treated the lands and the Indians living on it as a
reservation. H.R. 2455 places approximately 13,434 acres of BLM
land in trust for the colony.
The Pyramid Lake Reservation is approximately a half-
million acres in a remote part of Western Nevada, in Washoe,
Lyon, and Stoney counties, 40 miles away from Reno. Several
communities are within the reservation, including Nixon,
Sutcliffe, and Wadsworth. The Pyramid Lake Paiute Tribe's
reservation was formally established by Executive Order in 1874
after earlier orders by the government began to reserve this
area for Paiute Indians after tensions arose with non-Indian
settlers. About 112,000 acres of the reservation include Summit
Lake, Nevada's largest, while the rest of the lands are high
desert. H.R. 2455 places approximately 30,669 acres of BLM land
in trust for the Tribe.
COMMITTEE ACTION
H.R. 2455 was introduced on June 20, 2013, by Congressman
Mark Amodei (R-NV). The bill was referred to the Committee on
Natural Resources, and within the Committee to the
Subcommittees on Public Lands and Environmental Regulation and
Indian and Alaska Native Affairs. On July 23, 2013, the
Subcommittee on Indian and Alaska Native Affairs held a hearing
on the bill. On June 19, 2014, the Natural Resources Committee
met to consider the bill. The Subcommittees on Public Lands and
Environmental Regulation and Indian and Alaska Native Affairs
were discharged by unanimous consent. Congressman Don Young (R-
AK) offered an amendment in the nature of a substitute
designated .098 to the bill. Congressman Rob Bishop (R-UT)
offered an amendment designated #1 to the amendment in the
nature of a substitute; the amendment to the amendment was
adopted by unanimous consent. The amendment in the nature of a
substitute, as amended, was adopted by unanimous consent. The
bill, as amended, was then adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 2455--Nevada Native Nations Lands Act
H.R. 2455 would authorize several land conveyances between
the federal government, the state of Nevada, and various tribes
in Nevada. The bill would make the following conveyances:
275 acres of land managed by the Bureau of
Land Management (BLM) to Elko County, Nevada,
373 acres of land managed by BLM to be held
in trust for the benefit of the Te-Moak Tribe of
Western Shoshone Indians of Nevada,
19,094 acres of land managed by BLM to be
held in trust for the benefit of the Fort McDermitt
Paiute and Shoshone Tribe,
82 acres of land managed by the United
States Forest Service to be held in trust for the
benefit of the Shoshone Paiute Tribes of the Duck
Valley Indian Reservation,
941 acres of land managed by BLM to be held
in trust for the benefit of the Summit Lake Paiute
Tribe,
28,162 acres of land managed by BLM to be
held in trust for the benefit of the South Fork Band
Council,
13,434 acres of land managed by BLM to be
held in trust for the benefit of the Reno-Sparks Indian
Colony, and
30,669 acres of land managed by BLM to be
held in trust for the benefit of the Pyramid Lake
Paiute Tribe.
Based on information provided by the affected agencies, CBO
estimates that implementing the legislation would have no
significant effect on the federal budget. The affected lands
are expected to generate receipts for the federal government
from grazing fees and leases under current law. Thus, CBO
estimates that conveying those lands would reduce offsetting
receipts (which are treated as increases in direct spending);
however, we estimate that such losses would be minimal. Because
enacting H.R. 2455 would affect direct spending, pay-as-you-go
procedures apply. Enacting H.R. 2455 would not affect revenues.
H.R. 2455 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CHO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the affected agencies, CBO estimates
that implementing the legislation would have no significant
effect on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the sale or transfer
of certain Federal lands in Nevada.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.