[Senate Report 113-278]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 545
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-278

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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

                                _______
                                

                December 1, 2014.--Ordered to be printed

                                _______
                                

       Mr. Tester, from the Senate Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2480]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2480) 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, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                                PURPOSE

    The purpose of S. 2480 is to require the Secretary of the 
Interior (Secretary) to convey approximately 45,643 acres from 
the Bureau of Land Management (BLM) to six federally recognized 
tribes in Nevada, to be held in trust by the United States for 
the benefit of those tribes, and to convey 275 acres from the 
BLM to the County of Elko, Nevada.

                  BACKGROUND AND NEED FOR LEGISLATION

    The United States has distinct legal obligations to provide 
for the general welfare of and protect the trust assets of 
American Indian tribes. The Secretary of the Interior has the 
authority to take land into trust for Indian tribes.
    Many Nevada tribes have relatively small reservations and 
need additional lands for housing for tribal members, economic 
development opportunities, and recreational activities. Certain 
lands can also have cultural significance for the tribes, such 
as ancient sites and traditional gathering areas.
    This legislation, S. 2480, would transfer over 45,000 acres 
of federal lands into trust for the benefit of several Nevada 
tribes. This legislation is necessary due to the limited 
mechanisms for placing federal public lands directly into trust 
for Indian tribes.
    The Elko Band (Band) is one of four bands of the Te-Moak 
Tribe of Western Shoshone Indians. In the late 1800s, many 
Western Shoshone tribal members lived near Elko, Nevada. In the 
early 1900s, the federal government moved the Elko Band onto a 
160-acre reservation, or colony, near the city of Elko.
    Today, 193 acres are held in trust for the Band. The Band 
owns and operates a smokeshop and convenience store on the 
colony, but more land is needed to create room for housing and 
additional economic development opportunities. This legislation 
would expand the reservation by placing 373 acres of BLM-
managed land into trust, held by the Secretary for the benefit 
of the Band.
    The Fort McDermitt Paiute and Shoshone Tribes are located 
on the Nevada and Oregon border. Their reservation consists of 
16,354 acres in Nevada and 19,000 acres in Oregon. They have a 
limited economy with one truckstop along Highway 95. This 
legislation would place 19,094 acres of BLM-managed lands into 
trust, held by the Secretary for the benefit of the Fort 
McDermitt Tribes.
    The Shoshone-Paiute Tribes of the Duck Valley Indian 
Reservation are on the Nevada and Idaho border near Owyhee, 
Nevada. Before the turn of the last century, the federal 
government forced many Shoshones and Paiutes onto one 
reservation. The reservation was established by Executive Order 
in 1877 and is currently composed of 289,819 acres. The 
Shoshone-Paiute Tribes rely on agriculture and ranching for the 
Duck Valley economy. This legislation would direct that 82 more 
acres of U.S. Forest Service land, which contains unused 
housing stock for federal employees that these Tribes will 
rehabilitate, be transferred to the Department and be held in 
trust by the Secretary for the benefit of the Shoshone-Paiute 
Tribes.
    The Summit Lake Paiute Tribe has its reservation in one of 
the most remote areas of Nevada, 50 miles south of the Oregon 
border and 70 miles east of the California border. The 
reservation was established in 1913 with a total size of 12,573 
acres. This legislation would transfer an additional 941 acres 
of BLM-managed land intro trust, held by the Secretary for the 
benefit of the Summit Lake Paiute Tribe.
    The Reno-Sparks Indian Colony consists of about 1,100 
members from three Great Basin Tribes--the Paiute, the Shoshone 
and the Washoe. This tribe has a 28-acre colony in Reno, 
Nevada, which is namely used for tribal services, and 
commercial and residential areas. The tribe also has a 1,920 
acre reservation in Hungry Valley, Nevada, 19 miles north of 
Reno which is primarily residential. The surrounding federal 
lands are currently used for recreational purposes such as 
shooting practice and ATV riding and a buffer zone is needed to 
protect tribal lands from these activities. This legislation 
would place 13,434 acres of BLM-managed land into trust, held 
by the Secretary for the benefit of this tribe. The lands would 
be added to the Hungry Valley Reservation.
    The Pyramid Lake Paiute Tribe is located 35 miles northeast 
of Reno, Nevada, in Washoe, Lyon and Storey Counties. The 
reservation is 475,000 acres, which included Pyramid Lake, an 
approximately 112,000-acre terminal desert lake. The Tribe's 
economy is dependent upon Pyramid Lake, which the Tribe has 
striven to protect while also sharing with the public. This 
legislation would place 11,719 acres of BLM-managed land into 
trust, held by the Secretary for the benefit of the Pyramid 
Lake Paiute Tribe.
    Title I of this legislation conveys land for a motocross 
park to the County of Elko, Nevada.

                          LEGISLATIVE HISTORY

    S. 2480 was introduced on June 17, 2014, by Senators Reid 
and Heller. The bill was referred to the Committee on Indian 
Affairs. On July 9, 2014, the Committee held a hearing on the 
bill. On July 30, 2014, the Committee met at a business meeting 
to consider the bill. One amendment was offered and adopted, 
and the bill, as amended, was ordered to be reported favorably 
to the Senate by voice vote.
    There is a House companion bill, H.R. 2455. A version of 
this bill (containing only the Elko Band provisions) was 
introduced in the 111th Congress (S. 3185) and the 112th 
Congress (S. 617).

                        SUMMARY OF THE AMENDMENT

    Chairman Tester filed an amendment in the nature of a 
substitute at the July 30, 2014, business meeting. The 
amendment made the following changes:

Pyramid Lake conveyance

    The Tribe agreed to remove certain tracts being placed into 
trust for its benefit, which reduced the number of acres the 
bill would transfer in Section 201(f) from approximately 30,669 
acres to approximately 11,719 acres.

The South Fork Band

    The amendment struck section 201(g) of the bill, regarding 
the transfer of land to be held in trust for the Te-Moak Tribe 
of Western Shoshone Indians of Nevada. The Tribe supports their 
provisions being removed from the current bill.

Land use

    The amendment changed section 202(b) of the bill by 
removing various land use limitations (except for the 
prohibition on Class II or Class III gaming).

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short Title; Table of Contents

    The Act may be cited as the `Nevada Native Nations Land 
Act'.

Section 2. Definition of Secretary

    Section 2 defines the ``Secretary'' as the Secretary of the 
Interior.

Title I. Elko Motocross Land Conveyance

Section 101. Definitions

    Section 101 provides definitions used throughout this 
title.

Section 102. Conveyance of Land to County

    Section 102 provides for conveyance of 275 acres of land 
managed by the BLM to Elko County for use 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 
Recreation and Public Purposes Act of 1926 (43 U.S.C. 869 et 
seq.).

             TITLE II. CONVEYANCE OF LAND TO INDIAN TRIBES

Section 201. Conveyance of Land to be Held in Trust for Certain Indian 
        Tribes.

    Section 201 provides for the United States to hold in 
trust, for the benefit of six tribes, separate tracts of land 
to become part of those tribes' reservations:

------------------------------------------------------------------------
                          Tribe                                Acres
------------------------------------------------------------------------
Te-Moak Tribe of Western Shoshone Indians of Nevada                  373
 (Elko Band)............................................
Fort McDermitt Paiute and Shoshone Tribe................          19,094
Duck Valley Shoshone Paiute Tribes......................              82
Summit Lake Paiute Tribe................................             941
Reno-Sparks Indian Colony...............................          13,434
Pyramid Lake Paiute Tribe...............................          11,719
                                                         ---------------
    Total Acres.........................................          45,643
------------------------------------------------------------------------

Section 202. Administration

    Section 202 provides for the survey and uses of the lands 
taken into trust for the six Tribes. Use of those lands for 
class II gaming or class III gaming is prohibited by this 
legislation. Section 202 also provides that the Secretary, in 
consultation with the Tribes, may carry out fuel reduction and 
other landscape restoration activities on the lands taken into 
trust.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, August 29, 2014, was prepared for 
S. 2480:

                                                   August 29, 2014.
Hon. Jon Tester,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2480, the Nevada 
Native Nations Lands Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Martin von 
Gnechten.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2480--Nevada Native Nations Lands Act

    S. 2480 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,
           13,434 acres of land managed by BLM to be 
        held in trust for the benefit of the Reno-Sparks Indian 
        Colony, and
           11,719 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 S. 2480 would affect direct spending, pay-as-you-go 
procedures apply. Enacting S. 2480 would not affect revenues.
    S. 2480 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    On August 28, 2014, CBO transmitted a cost estimate for 
H.R. 2455, the Nevada Native Nations Lands Act, as ordered 
reported by the House Committee on Natural Resources on June 
19, 2014. The two pieces of legislation are similar and the CBO 
cost estimates are the same.
    The CBO staff contact for this estimate is Martin von 
Gnechten. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 2480.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 2480 will 
have a minimal impact on regulatory or paperwork requirements.

                 CHANGES IN EXISTING LAW (CORDON RULE)

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
enactment of S. 2480 will not make any changes in existing law.