[House Report 114-487]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      114-487

======================================================================
 
                     NEVADA NATIVE NATIONS LAND ACT

                                _______
                                

 April 12, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 2733]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2733) to require the Secretary of the Interior 
to take land into trust for certain Indian tribes, 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.

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

SEC. 2. DEFINITION OF SECRETARY.

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

SEC. 3. CONVEYANCE OF LAND TO BE HELD IN TRUST FOR CERTAIN INDIAN 
                    TRIBES.

  (a) 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''.
  (b) 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 and 
        paragraph (4), 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''.
          (4) Condition on conveyance.--The conveyance under paragraph 
        (2) shall be subject to the reservation of an easement on the 
        conveyed land for a road to provide access to adjacent National 
        Forest System land for use by the Forest Service for 
        administrative purposes.
          (5) Facilities and improvements.--The Secretary of 
        Agriculture (acting through the Chief of the Forest Service) 
        shall convey to the Shoshone Paiute Tribes of the Duck Valley 
        Indian Reservation any existing facilities or improvements to 
        the land described in paragraph (3).
  (c) Conveyance 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''.
  (d) Conveyance of Land to Be Held in Trust for the Reno-sparks Indian 
Colony.--
          (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''.
  (e) Conveyance 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 
        April 13, 2015, 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 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 6,357 acres of land administered by 
        the Bureau of Land Management as generally depicted on the map 
        as ``Reservation Expansion Lands''.
  (f) Conveyance of Land to Be Held in Trust for the Duckwater Shoshone 
Tribe.--
          (1) Map.--In this subsection, the term ``map'' means the map 
        entitled ``Duckwater Reservation Expansion'', dated October 15, 
        2015, 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 Duckwater Shoshone Tribe; and
                  (B) shall be part of the reservation of the Duckwater 
                Shoshone Tribe.
          (3) Description of land.--The land referred to in paragraph 
        (2) is the approximately 31,229 acres of land administered by 
        the Bureau of Land Management as generally depicted on the map 
        as ``Reservation Expansion Lands''.
  (g) Revocation of Public Land Orders.--Any public land order that 
withdraws any portion of land conveyed to an Indian tribe under this 
section shall be revoked to the extent necessary to permit the 
conveyance of the land.

SEC. 4. 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 3.
  (b) Use of Trust Land.--
          (1) Gaming.--Land taken into trust under section 3 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) Thinning; landscape restoration.--With respect to the 
        land taken into trust under section 3, 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2733 is to require the Secretary of the 
Interior to take land into trust for certain Indian tribes.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Fort McDermitt Paiute Tribe and Shoshone Tribe both 
share the Fort McDermitt Reservation, located in Humboldt 
County, Nevada and Malheur County, Oregon. The reservation, 
originally established by Executive Order in 1867, is 
approximately 32,000 acres in size and is 75 miles north of 
Winnemucca, Nevada. The land was allotted under the General 
Allotment Act of 1887 (24 Stat. 388) 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. According to the Nevada Indian Commission, the tribes 
currently have approximately 16,000 acres of trust land in 
Nevada and approximately 18,000 acres in Oregon. The tribes 
plan to use the land transferred under the bill for the 
development of natural resources.
    The Duck Valley Reservation, on the Nevada-Idaho border 
(Elko County, Nevada, and Owyhee County, Idaho), encompassing 
close to 290,000 acres, was established by several Executive 
Orders beginning with one by President Rutherford B. Hayes in 
1877 and expanded by Executive Orders in 1886 and 1910, by 
President Grover Cleveland and President William Taft, 
respectively. The Shoshone and Paiute Tribes of the Duck Valley 
Reservation plan to use the lands transferred under Section 
3(b) of the bill to address a tribal housing shortage.
    The Summit Lake Paiute Reservation is located in 
northwestern Nevada (Humboldt County), was established by 
Executive Order in 1913, also by President William Taft, and 
was later expanded by Congress in 1928 (45 Stat. 160) and 1959 
(73 Stat. 64). Today, the reservation is approximately 12,500 
acres. The Summit Lake Paiute 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. The Tribe plans to use 
the lands transferred under the bill for protection and 
management of Summit Lake, including natural resources and a 
once-abundant Lahontan cutthroat trout population.
    The Reno-Sparks Indian Colony, in western Nevada near the 
California border, comprises approximately 70 acres in Reno, 
Nevada, 40 acres south of Reno, and nearly 2,000 acres in 
Hungry Valley. In 1916, Congress authorized (39 Stat. 143) the 
purchase of approximately 20 acres as a site for the colony 
(similar to the manner in which Congress authorized the 
Department of the Interior to purchase land for Rancherias). 
Congress authorized the purchase of additional lands in 1926 
(44. Stat. 496) and 1986 (100 Stat. 828). 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 
an Indian reservation. The Reno-Sparks Indian Colony tribe 
plans to use the lands transferred under the bill to alleviate 
a housing strain, and for cultural preservation and 
development.
    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 
Indian communities are within the reservation, including Nixon, 
Sutcliffe, and Wadsworth. The reservation was formally 
established by an Executive Order from President Ulysses S. 
Grant 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, the State's largest lake, while the rest 
of the lands are high desert. Through receiving additional 
lands under the bill, the Pyramid Lake Paiute Tribe plans to 
incorporate the watershed of Pyramid Lake. Other uses include 
potential economic development and management efficiency.
    The Duckwater Indian Reservation is composed of 
approximately 3,800 acres located in east-central Nevada, 
approximately 200 miles northwest of Las Vegas. Due to the 
small land base, the Duckwater Shoshone Tribe has only 94 
enrolled members living on the reservation. The Tribe would use 
additional land to support additional grazing and agricultural 
activities, promote renewable energy, economic development, and 
housing.

                           SECTION-BY-SECTION

Section 1. Short title

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

Section 2. Definition of Secretary

    Under the bill, the term ``Secretary'' means the Secretary 
of the Interior.

Section 3. Conveyance of land to be held in trust for certain indian 
        tribes

    Subsection (a) places approximately 19,094 acres of Bureau 
of Land Management (BLM)-administered public land in trust for 
the Fort McDermitt Paiute and Shoshone Tribe, subject to valid 
existing rights. Lands are depicted on a map dated February 21, 
2013, titled ``Reservation Expansion Lands'' on file at the 
local BLM office.
    Subsection (b) places approximately 82 acres of National 
Forest System land in trust for the benefit of the Shoshone-
Paiute Tribe, subject to valid existing rights. Lands are 
depicted on a map dated July 29, 2013, titled ``Mountain City 
Administrative Site Proposed Acquisition'' on file at the local 
U.S. Forest Service office.
    Subsection (c) places approximately 941 acres of BLM-
administered public land in trust for the benefit of the Summit 
Lake Paiute Tribe, subject to valid existing rights. Lands are 
depicted on a map dated February 28, 2013, titled ``Summit Lake 
Indian Reservation Conveyance'' on file at the local BLM 
office.
    Subsection (d) places approximately 13,434 acres of BLM-
administered public land in trust for the benefit of the Reno-
Sparks Indian Colony, subject to valid existing rights. Lands 
are depicted on a map dated June 11, 2014, titled ``Reno-Sparks 
Indian Colony Expansion'' on file at the local BLM office.
    Subsection (e) places approximately 6,357 acres of BLM-
administered public land in trust for the benefit of the 
Pyramid Lake Pauite Tribe, subject to valid existing rights. 
Lands are depicted on a map dated April 13, 2015, titled 
``Pyramid Lake Indian Reservation Expansion'' on file at the 
local BLM office.
    Subsection (f) places approximately 31,229 acres of BLM-
managed lands in trust for the benefit of the Duckwater 
Shoshone Tribe, subject to valid existing rights. Lands are 
depicted on a map dated October 15, 2015, titled ``Duckwater 
Reservation Expansion'' on file at the local BLM office.

Section 4. Administration

    This section directs the Secretary of Interior, within 180 
days of enactment, to complete a survey of boundary lines for 
each of the sections of land to be taken into trust under 
Section 3. The Secretary is also authorized to carry out fuel 
reduction and other landscape restoration activities on the 
lands taken into trust under Section 3 that are beneficial to 
an Indian tribe and the Bureau of Land Management.
    Finally, any lands taken into trust under Section 3 shall 
not be eligible for certain gaming activities pursuant to the 
Indian Gaming Regulatory Act (25 U.S.C. 2703 et seq.).

                            COMMITTEE ACTION

    H.R. 2733 was introduced on June 11, 2015, by Congressman 
Mark E. Amodei (R-NV). The bill was referred to the Committee 
on Natural Resources, and within the Committee to the 
Subcommittee on Indian, Insular and Alaska Native Affairs. On 
July 15, 2015, the Subcommittee held a hearing on the bill. On 
March 15, 2016, the Natural Resources Committee met to consider 
the bill. The Subcommittee was discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an Amendment in the 
Nature of a Substitute; it was adopted by unanimous consent. 
The bill, as amended, was ordered favorably reported to the 
House of Representatives by unanimous consent on March 16, 
2016.

            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. 2733--Nevada Native Nations Land Act

    H.R. 2733 would authorize the following land conveyances 
between the federal government and various tribes in Nevada:
           19,094 acres of land managed by the Bureau 
        of Land Management (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;
           6,357 acres of land managed by BLM to be 
        held in trust for the benefit of the Pyramid Lake 
        Paiute Tribe; and
           31,229 acres of land managed by BLM to be 
        held in trust for the benefit of the Duckwater Shoshone 
        Tribe.
    Based on information from the affected agencies, CBO 
estimates that implementing the legislation would not have a 
significant effect on the federal budget. Under current law, 
CBO expects that programs to develop federally owned natural 
resources on some of the lands to be conveyed will generate 
receipts, particularly from grazing permits. The federal budget 
does not recognize any such receipts from land that is held in 
trust. 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 insignificant.
    Because enacting H.R. 2733 would increase direct spending, 
pay-as-you-go procedures apply. Enacting H.R. 2733 would not 
affect revenues. CBO estimates that enacting H.R. 2733 would 
not increase net direct spending or on-budget deficits by more 
than $5 billion in any of the next four consecutive 10-year 
periods beginning in 2027.
    H.R. 2733 contains no intergovernmental or private-sector 
mandates as defined in the On Rinded Mandates Reform Act.
    On November 5, 2015, CBO transmitted a cost estimate for S. 
1436, the Nevada Native Nations Land Act, as ordered reported 
by the Senate Committee on Indian Affairs on October 21, 2015. 
H.R. 2733 and S. 1436 are similar, and the CBO cost estimates 
are the same.
    The CBO staff contact for this estimate is Megan Carroll. 
The estimate was approved by Theresa Gullo, 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. The Congressional 
Budget Office estimates that implementing this bill ``would not 
have a 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 require the Secretary of the 
Interior to take land into trust for certain Indian tribes.

                           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.

                                  [all]