[Senate Report 114-216]
[From the U.S. Government Publishing Office]
Calendar No. 377
114th Congress } { Report
SENATE
2d Session } { 114-216
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TO REQUIRE THE SECRETARY OF THE INTERIOR TO TAKE LAND INTO TRUST FOR
CERTAIN INDIAN TRIBES, AND FOR OTHER PURPOSES
_______
February 29, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1436]
The Committee on Indian Affairs, to which was referred the
bill (S. 1436) to require the Secretary of the Interior to take
land into trust for certain Indian tribes, and for other
purposes, reports favorably thereon with an amendment and
recommends that the bill, as amended, do pass.
PURPOSE
The purpose of S. 1436 is to require the Secretary of the
Interior (Secretary) to convey approximately 71,055 acres from
the Bureau of Land Management (BLM) to five federally
recognized tribes in Nevada, to be held in trust by the United
States for the benefit of those tribes, and to convey
approximately 82 acres from the Forest Service to a federally
recognized tribe in Nevada.
NEED FOR LEGISLATION
The bill, S. 1436, is needed to complete a land exchange
between the certain federal agencies for the benefit of
federally recognized tribes in Nevada.
BACKGROUND
Many Nevada tribes need additional lands for housing tribal
members, to take advantage of economic development
opportunities, and to promote cultural activities. The bill, S.
1436, would transfer over approximately 71,000 acres of federal
lands into trust for the benefit of several Nevada tribes.
The Fort McDermitt Paiute and Shoshone Reservation is
located on the Nevada and Oregon border. Land was allotted to
Indians under the General Allotment Act of 1887.\1\ On January
17, 1936, approximately 20,414 acres was set aside for the
tribe.\2\
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\1\General Allotment Act, 24 Stat. 388, (1887).
\2\49 Stat. 1094. (1936).
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Currently, their reservation consists of 16,354 acres in
Nevada and 18,828 acres in Oregon.\3\ This legislation would
place an additional 19,094 acres of currently BLM-managed lands
into trust, held by the Secretary for the benefit of the Fort
McDermitt Paiute and Shoshone Tribes. The Tribes need the land
to reduce fractionated jurisdiction\4\ and plan to use the land
for watershed management, community expansion, and economic
development, including possibly expanding a currently owned
fuel station.
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\3\Nevada Indian Commission. Accessed on January 8, 2016 at:
http://nic.nv.gov/directory.
\4\Statement of Chairman of the Reno Sparks Indian Colony in Nevada
Arlan D. Melendez. Hearing before the Senate Committee on Indian
Affairs. 114th Cong. (October 7, 2015).
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The Shoshone-Paiute Tribes of the Duck Valley Reservation
are situated on the Nevada and Idaho border near Owyhee,
Nevada. The Tribes' reservation was established by Executive
Order in 1877\5\ and was expanded by Executive Orders in
1886\6\ and 1910.\7\ Currently the tribe's reservation is
289,819 acres.\8\ This legislation would direct approximately
82 more acres of U.S. Forest Service land to be held in trust
by the Secretary for the benefit of the Shoshone-Paiute Tribes
of the Duck Valley Reservation. The land parcel is located
three miles south of the Tribes' current reservation near
Mountain City, Nevada and was abandoned by the Forest Service
in 2008 when the District headquarters were moved to Elko,
Nevada.\9\ The land has 11 outbuildings that will be
transferred to the Shoshone-Paiute Tribes of the Duck Valley
Reservation. The Tribes plan to use the land and its structures
to provide local housing for law enforcement, health care, and
other professionals.\10\
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\5\Executive Order Issued by Rutherford B. Hayes (April 16, 1877).
\6\Executive Order Issued by Grover Cleveland (May 4, 1886).
\7\Executive Order Issued by William Taft (July 1, 1910).
\8\Shoshone-Paiute Tribal Website Accessed on January 8, 2016 at:
http://www.shopaitribes.org/culture/culture/45-history.html.
\9\Statement of Chairman of the Shoshone-Paiute Tribes of the Duck
Valley Indian Reservation Lindsey Manning. Hearing before the Senate
Committee on Indian Affairs. 114th Cong. (October 7, 2015).
\10\Statement of Chairman of the Shoshone-Paiute Tribes of the Duck
Valley Indian Reservation Lindsey Manning. Hearing before the Senate
Committee on Indian Affairs. 114th Cong. (October 7, 2015).
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In 1871, a military reservation, Camp McGarry, was
abandoned and transferred to the Department of the
Interior.\11\ The Summit Lake Paiute Tribe's reservation,
located in northwest Nevada, was originally 5,026 acres and
established by Executive Order in 1913.\12\ Additional acres
were added to the reservation on March 3, 1928\13\ and June 10,
1959,\14\ and tribal allotments were taken into trust and
became part of the reservation on December 15, 1971.\15\
Currently, the reservation is approximately 12,573 acres.\16\
This legislation would transfer an additional 941 acres of BLM-
managed land into trust, held by the Secretary for the benefit
of the Summit Lake Paiute Tribe. The Tribe plans to use the
land for fish and lake management of Summit Lake.\17\ The BLM
lands that would be transferred to the Tribe are currently
accessible to the public via a public road. This road, which
crosses the Tribe's existing reservation, provides access to a
private lakeside property. When the BLM land is placed into
trust for the Tribe, the public road will remain public. The
road is maintained by the Tribe through federal highway funds
which require the Tribe to keep the road open to the public.
There will be no change in access for the private landowner as
a result of this land transfer.
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\11\Statement of Chairwoman of Summit Lake Paiute Tribe Randi
Desoto. Hearing before the Senate Committee on Indian Affairs. 114th
Cong. (October 7, 2015).
\12\Executive Order Issued by William Taft (January 14, 1913).
\13\45 Stat. 160, (1928).
\14\Pub. L. No. 86-37, 73 Stat. 64, (1959).
\15\Pub. L. No. 92-186, 85 Stat. 643, (1971).
\16\Summit Lake Tribal website accessed on January 8, 2016 at:
http://summitlaketribe.org/About_Us.html.
\17\Statement of Chairwoman of Summit Lake Paiute Tribe Randi
Desoto. Hearing before the Senate Committee on Indian Affairs. 114th
Cong. (October 7, 2015).
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On April 13, 1917, Congress authorized the purchase of
approximately 20 acres for urban Indians in Nevada.\18\
Currently, the Reno-Sparks Indian Colony is a 28-acre colony
located between Reno, Nevada and Sparks, Nevada.\19\ The Tribe
also has an approximately 1,920 acre reservation in Hungry
Valley, Nevada, which is located north of Reno.\20\ Currently,
the Tribe's total reservation land is approximately 2,056
acres.\21\ This legislation would place 13,434 acres of BLM-
managed land into trust, for the benefit of the Reno-Sparks
Indian Colony. The transferred land would become part of the
Hungry Valley Reservation. The Tribe plans to use the land as a
buffer zone between recreational activities and other tribal
lands. The expansion lands will also provide for the
preservation of cultural resources, be utilized for traditional
religious practices, and present non-motorized outdoor
recreation opportunities.
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\18\Act of May 18, 39 Stat. 143 (1916).
\19\Statement of Chairman of the Reno Sparks Indian Colony in
Nevada Arlan D. Melendez. Hearing before the Senate Committee on Indian
Affairs. 114th Cong. (October 7, 2015).
\20\Pub. L. No. 99-389, 100 Stat. 828, (1986).
\21\Nevada Indian Commission. Accessed on January 8, 2016 at:
Nic.nv.gov.
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The Pyramid Lake Paiute Tribe is located 35 miles northeast
of Reno, Nevada, in Washoe, Lyon, and Storey Counties. In 1859,
land was set aside for the Northern Paiute by the Bureau of
Indian Affairs and was surveyed in 1865.\22\ The reservation
was formally established by Executive Order on March 23,
1874.\23\ Currently, the reservation is approximately 475,000
acres, of which approximately 112,000 acres cover the surface
of Pyramid Lake.\24\ This legislation would place 6,357 acres
of BLM-managed land into trust, held by the Secretary for the
benefit of the Pyramid Lake Paiute Tribe. The Tribe plans to
use the land to manage the Pyramid Lake watershed.\25\ The
Tribe intends to preserve existing public outdoor recreation
opportunities on these lands where appropriate.
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\22\Statement of the Chairman of the Pyramid Lake Paiute Tribal
Council Vinton Hawley. Hearing before the Senate Committee on Indian
Affairs. 114th Cong. (October 7, 2015).
\23\Executive Order. Issued by Ulysses S. Grant, (March 23, 1871).
\24\Nevada Indian Commission. Accessed on January 8, 2016 at:
Nic.nv.gov.
\25\Statement of the Chairman of the Pyramid Lake Paiute Tribal
Council Vinton Hawley. Hearing before the Senate Committee on Indian
Affairs. 114th Cong. (October 7, 2015).
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The Duckwater Shoshone Tribe is located in central Nevada,
in Nye County. An approximately 3,273 acre reservation was
created on November 13, 1940 under section 5 of the Indian
Reorganization Act\26\ for the Duckwater Shoshone Tribe. On
December 22, 1943, approximately 398.76 acres were purchased
for the Tribe by the Department of the Interior.\27\ On January
27, 1955, approximately 142 acres were purchased from Nye
County for the Duckwater Shoshone Tribe.\28\ Currently, the
Tribe's reservation is approximately 3,854.52 acres.\29\ The
legislation would place approximately 31,229 acres of BLM-
managed land into trust for the benefit of the Duckwater
Shoshone Tribe. The Tribe plans to use the land for agriculture
operations, energy projects, and housing and facility
development.\30\ The Duckwater Shoshone Tribe intends to
maintain watering facilities for wild horses and preserve
existing trailing use for grazing.\31\
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\26\Statement of Chairman of the Duckwater Shoshone Tribe Perline
Thompson. Hearing before the Senate Committee on Indian Affairs. 114th
Cong. (October 7, 2015).
\27\Act of June 28, 55 Stat. 303, (1941).
\28\Nevada Indian Commission. Accessed on January 8, 2016 at:
Nic.nv.gov.
\29\Tiller's Guide 2015-2014, Bureau of Indian Affairs Realty
Division.
\30\Statement of Chairman of the Duckwater Shoshone Tribe Perline
Thompson. Hearing before the Senate Committee on Indian Affairs. 114th
Cong. (October 7, 2015).
\31\Letter from Perline Thompson, Chairman of the Duckwater
Shoshone Tribe, to Senator Harry Reid, Senator Dean Heller, and
Congressman Crescent Hardy, (October 18, 2015) (on file at the Senate
Committee on Indian Affairs).
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LEGISLATIVE HISTORY
The bill, S. 1436, was introduced on May 21, 2015 by
Senator Reid and Senator Heller. On October 7, 2015, the Senate
Committee on Indian Affairs held a legislative hearing on the
bill, at which the Associate Deputy Chief of the National
Forest System Forest Service testified in support with
recommendations for the provisions managed by the Forest
Service in the bill. On October 21, 2015, the Committee held a
business meeting on the bill, which was amended, in the nature
of a substitute, and reported favorably. A House companion bill
that is identical to the Senate introduced version was
introduced on June 11, 2015 by Representatives Amodei, Hardy,
and Heck. The House Committee on Natural Resources Subcommittee
on Indian, Insular and Alaska Native Affairs held a hearing on
the bill on July 15, 2015. No further action to date has been
taken on this bill.
In the 113th Congress, 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
held 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.
A House companion bill, H.R. 2455, was introduced by
Representatives Amodei, Titus, and Young on June 20, 2013. The
House Committee on Natural Resources Subcommittee on Indian and
Alaska Native Affairs held a hearing on July 23, 2013. The
House Committee on Natural Resources held a business meeting on
June 19, 2014 and ordered the bill to be reported, as amended,
by unanimous consent. The bill passed the House by voice vote
without objection on December 1, 2014. The bill was received in
the Senate on December 2, 2014. No further action was taken on
the bill.
SUMMARY OF THE AMENDMENT
Chairman Barrasso filed an amendment in the nature of a
substitute at the October 21, 2015, business meeting. The
amendment made the following changes:
Shoshone Paiute conveyance
The bill, S. 1436, allows for an easement on the conveyed
land for a road for use by the Forest Service to access the
National Forest System.
The Secretary of Agriculture will convey any existing
facilities or improvements on the transferred 82 acre parcel of
land to the Shoshone Paiute Tribes of the Duck Valley Indian
Reservation based on the testimony of the Forest Service at the
October 7, 2015 legislative hearing held by Committee.
Duckwater Shoshone Tribe conveyance
The amendment updated the map used for the land conveyance
for the Duckwater Shoshone Tribe and altered the land
description to reflect the changes from the updated map. The
result is a reduction of 40 acres from the total conveyance.
The land is private land and cannot be transferred from the BLM
to the tribe.
Public land orders
Any public land order that restricts the transfer of land
to an Indian tribe will be revoked. The revocation of public
land orders is needed to convey land to Indian tribes.
This language was added to clarify that the transfer to the
Shoshone Paiute Tribes of the Duck Valley Reservation would not
be subject to a 1959 public land order that was never acted
upon.
SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED
Sec. 1. Short title
The Act may be cited as the `Nevada Native Nations Land
Act'.
Sec. 2. Definition of Secretary
Section 2 defines the `Secretary' as the Secretary of the
Interior.
Sec. 3. Conveyance of land to be held in trust for certain indian
tribes
Section 3(a) states that approximately 19,094 acres of land
federally administered by the BLM is to be taken into trust for
the Fort McDermitt Paiute and Shoshone Tribe. The land is
identified as `Reservation Expansion Lands' on a map titled,
`Fort McDermitt Indian Reservation Expansion Act' that is dated
February 21, 2013 and is on file and available for public
inspection in the appropriate offices of the BLM.
Section 3(b) states that approximately 82 acres of land
federally administered by the Forest Service is to be taken
into trust for the Shoshone Paiute Tribe. The land is
identified as `Proposed Acquisition Site' on a map titled,
`Mountain City Administrative Site Proposed Acquisition' that
is dated July 29, 2013 and is on file and available for public
inspection in the appropriate offices of the Forest Service.
Section 3(c) states that approximately 941 acres of land
federally administered by the BLM is to be taken into trust for
the Summit Lake Paiute Tribe. The land is identified as
`Reservation Conveyance Lands' on a map titled, `Summit Lake
Indian Reservation Conveyance' that is dated February 28, 2013
and is on file and available for public inspection in the
appropriate offices of the BLM.
Section 3(d) states that approximately 13,434 acres of land
federally administered by the BLM is to be taken into trust for
the Reno-Sparks Indian Colony. The land is identified as `RSIC
Amended Boundary' on a map titled, `Reno-Sparks Indian Colony
Expansion' that is dated June 11, 2014 and is on file and
available for public inspection in the appropriate offices of
the BLM.
Section 3(e) states that approximately 6,357 acres of land
federally administered by the BLM is to be taken into trust for
the Pyramid Lake Paiute Tribe. The land is identified as
`Reservation Expansion Lands' on a map titled, `Pyramid Lake
Indian Reservation Expansion' that is dated April 13, 2015 and
is on file and available for public inspection in the
appropriate offices of the BLM.
Section 3(f) Section 3 (a) states that approximately 31,229
acres of land federally administered by the BLM is to be taken
into trust for the Duckwater Shoshone Tribe. The land is
identified as `Reservation Expansion Lands' on a map titled,
`Duckwater Reservation Expansion' that is dated October 15,
2015 and is on file and available for public inspection in the
appropriate offices of the BLM.
Section 3(g) revokes any public land order, to the extent
necessary, to permit the conveyance of land to an Indian tribe
under section 3 of the bill.
Sec. 4. Administration
Section 4 provides for the survey of the boundary lines of
the land taken into trust for the six federally recognized
tribes under this bill and prohibits the use of those lands for
Class II gaming or Class III gaming under the Indian Gaming
Regulatory Act.\32\ The section 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. The sponsors of the bill are committed
to working with the administration on any remaining concerns.
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\32\25 U.S.C. 2701 et seq.
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COST AND BUDGETARY CONSIDERATIONS
The following cost estimate, as provided by the
Congressional Budget Office, October 21, 2015, was prepared for
S. 1436:
November 5, 2015.
Hon. John Barrasso,
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. 1436, the Nevada
Native Nations Land Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
S. 1436--Nevada Native Nations Lands Act
S. 1436 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 have no
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. 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 S. 1436 would increase direct spending,
pay-as-you-go procedures apply. Enacting S. 1436 would not
affect revenues. CBO estimates that enacting S. 1436 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 2026. S. 1436 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
EXECUTIVE COMMUNICATIONS
The Committee has received no communications from the
Executive Branch regarding S. 1436.
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. 1436 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. 1436 will not make any changes in existing law.
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