[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.