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[Senate Report 113-277]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 544
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-277

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        TO PROVIDE FOR A LAND CONVEYANCE IN THE STATE OF NEVADA

                                _______
                                

                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. 2479]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 2479) to provide for a land conveyance in the State of 
Nevada, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                                PURPOSE

    The purpose of S. 2479 is to transfer 25,977 acres of land 
currently managed by the Bureau of Land Management and the 
Bureau of Reclamation to the Moapa River Indian Reservation and 
for the Secretary of the Interior to hold those lands in trust 
for the benefit of the Moapa Band of Paiute Indians.

                  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.
    The Moapa Band of Paiute Indians (Tribe) is a federally 
recognized Indian tribe organized under a Constitution approved 
by the Secretary of the Interior on April 17, 1942. The Moapa 
River Indian Reservation is located in southern Nevada, 57 
miles northeast of Las Vegas. The original reservation that was 
set aside in 1874 consisted of 2 million acres, but in 1876 it 
was reduced to 1,000 acres. In 1980, Congress restored 70,500 
acres to the reservation. (P.L. 96-491) The current total land 
base is 71,954 acres. The Tribe's business enterprises include 
the Moapa Paiute Travel Plaza, which has a small casino, 
convenience store, cafe, gas station, and fireworks store. The 
Tribe is also currently developing a utility-scale solar 
project on tribal lands.
    This legislation, S. 2479, would transfer land into trust 
for the benefit of the Moapa Band of Paiute Indians to allow 
them to build housing for their members, preserve their 
cultural heritage and traditions, and provide opportunities for 
economic development while protecting existing rights-of-way. 
This legislation is necessary due to the limited mechanisms for 
placing federal public lands directly into trust for Indian 
tribes.

                          LEGISLATIVE HISTORY

    S. 2479 was introduced on June 17, 2014, by Senator Reid. 
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 favorably reported to the Senate 
by voice vote.
    There is a companion bill in the House of Representatives--
H.R. 4890, the Moapa Band of Paiutes Land Conveyance Act. The 
bill was introduced on June 18, 2014, by Representative 
Horsford.

                        SUMMARY OF THE AMENDMENT

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

Section 2. Definitions

    The amendment incorporates a more recent map of the area in 
Section 2(1). The map generally depicts the lands to be taken 
into trust by the Secretary of the Interior on behalf of the 
Tribe. The new map represents a reduction of the amount of 
acres to be taken into trust by the Secretary.

Section 3. Transfer of land to be held in trust for the Moapa Band of 
        Paiutes

    The amendment reduces the total number of acres to be taken 
into trust authorized in Section 3(b) from 26,565 acres to 
25,977 acres. The amendment also changes Section 3(d) of the 
bill by removing various land use limitations (except for the 
prohibition on Class II or Class III gaming).

Section 4. Tribal fee land to be held in trust

    The amendment adds a new Section 4 to clarify that the 88 
acres owned by the Tribe in fee are to be taken into trust by 
the United States for the benefit of the Tribe.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title

    The Act may be cited as the `Moapa Band of Paiutes Land 
Conveyance Act'.

Section 2. Definitions

    Section 2 defines key terms used throughout the Act.

Section 3. Transfer of land to be held in trust for the Moapa Band of 
        Paiutes

    Section 3 directs the Secretary of the Interior to take 
into trust for the benefit of the Moapa Band of Paiute Indians 
approximately 25,977 acres of land currently administered by 
the Bureau of Land Management and the Bureau of Reclamation.
    Section 3 also prohibits Class II or Class III gaming on 
the lands to be taken into trust.

Section 4. Tribal fee land to be held in trust

    Section 4 converts 88 acres of land currently held in fee 
by the Tribe into trust ownership.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office on September 15, 2014, was prepared 
for S. 2479:

                                                September 15, 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. 2479, the Moapa Band 
of Paiutes Land Conveyance 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. 2479--Moapa Band of Paiutes Land Conveyance Act

    S. 2479 would authorize the conveyance of about 26,000 
acres of federal land in the state of Nevada to the Moapa Band 
of Paiutes. Based on information provided by the Department of 
the Interior, CBO estimates that implementing the legislation 
would have no significant effect on the federal budget. 
Enacting S. 2479 would affect direct spending because the 
affected lands are expected to generate offsetting receipts for 
the federal government from leasing the lands' right-of-way; 
therefore, pay-as-you-go procedures apply. However, the 
reduction in offsetting receipts in each year and over the 
2015-2024 period would be insignificant. Enacting S. 2479 would 
not affect revenues.
    S. 2479 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    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. 2479.

               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. 2479 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. 2479 will not make any changes in existing law.
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