S 617
112th CONGRESS
1st Session
S. 617
To require the Secretary of the Interior to convey certain
Federal land to Elko County, Nevada, and to take land into trust for
the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
March 17, 2011
Mr. REID (for himself and Mr. ENSIGN) introduced the following bill;
which was read twice and referred to the Committee on Energy and Natural
Resources
A BILL
To require the Secretary of the Interior to convey certain
Federal land to Elko County, Nevada, and to take land into trust for
the Te-moak Tribe of Western Shoshone Indians of Nevada, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Elko Motocross and Tribal
Conveyance Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
Sec. 102. Conveyance of land to county.
TITLE II--ELKO INDIAN COLONY EXPANSION
Sec. 202. Land to be held in trust for the Te-moak Tribe of Western
Shoshone Indians of Nevada.
Sec. 203. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term `Secretary' means the Secretary of the Interior,
acting through the Bureau of Land Management.
TITLE I--ELKO MOTOCROSS LAND CONVEYANCE
SEC. 101. DEFINITIONS.
(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--
(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).
(f) Reversion- If the land conveyed under this section ceases to be
used for a public purpose in accordance with subsection (d), the land
shall, at the discretion of the Secretary, revert to the United States.
TITLE II--ELKO INDIAN COLONY EXPANSION
SEC. 201. DEFINITIONS.
(1) 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.
(2) TRIBE- The term `Tribe' means the Te-moak Tribe of Western Shoshone
Indians of Nevada, which is a federally recognized Indian tribe.
SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK TRIBE OF WESTERN
SHOSHONE INDIANS OF NEVADA.
(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) shall be held in trust by the United States for the benefit and
use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land- The land referred to in subsection (a) consists
of 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) 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).
(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)).
(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; or
(iii) residential or recreational 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) USE OF FUNDS- Any amounts received by the Secretary under subparagraph
(B) shall be--
(i) deposited in the Federal Land Disposal Account established
by section 206(a) of the Federal Land Transaction Facilitation
Act (43 U.S.C. 2305(a)); and
(ii) used in accordance with that Act.
(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 on the land that is beneficial
to the Tribe and the Bureau of Land Management.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this title.
END
