I 

112TH CONGRESS 

2D SESSION H. R. 3815 

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 HOUSE OF REPRESENTATIVES 

JANUARY 24, 2012 

Mr. AMODEI introduced the following bill; which was referred to the 

Committee on 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Elko Motocross and 

5 Tribal Conveyance Act’’. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Interior, acting through the Bureau of Land 

4 Management. 

5 TITLE I—ELKO MOTOCROSS 

6 LAND CONVEYANCE 

7 SEC. 101. DEFINITIONS. 

8 In this title: 

9 (1) CITY.—The term ‘‘city’’ means the city of 

10 Elko, Nevada. 

11 (2) COUNTY.—The term ‘‘county’’ means the 

12 county of Elko, Nevada. 

13 (3) MAP.—The term ‘‘map’’ means the map en14 titled ‘‘Elko Motocross Park’’ and dated January 9, 

15 2010. 

16 SEC. 102. CONVEYANCE OF LAND TO COUNTY. 

17 (a) IN GENERAL.—As soon as practicable after the 

18 date of enactment of this Act, subject to valid existing 

19 rights and the provisions of this section, the Secretary 

20 shall convey to the county, without consideration, all right, 

21 title, and interest of the United States in and to the land 

22 described in subsection (b). 

23 (b) DESCRIPTION OF LAND.—The land referred to in 

24 subsection (a) consists of approximately 275 acres of land 

25 managed by the Bureau of Land Management, Elko DisVerDate Mar 15 2010 03:38 Jan 25, 2012 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3815.IH H3815

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1 trict, Nevada, as generally depicted on the map as ‘‘Elko 

2 Motocross Park’’. 

3 (c) MAP AND LEGAL DESCRIPTION.— 

4 (1) IN GENERAL.—As soon as practicable after 

5 the date of enactment of this Act, the Secretary 

6 shall finalize the legal description of the parcel to be 

7 conveyed under this section. 

8 (2) MINOR ERRORS.—The Secretary may cor9 rect any minor error in— 

10 (A) the map; or 

11 (B) the legal description. 

12 (3) AVAILABILITY.—The map and legal descrip13 tion shall be on file and available for public inspec14 tion in the appropriate offices of the Bureau of 

15 Land Management. 

16 (d) USE OF CONVEYED LAND.—The land conveyed 

17 under this section shall be used only as a motocross, bicy18 cle, off-highway vehicle, or stock car racing area, or for 

19 any other public purpose consistent with uses allowed 

20 under the Act of June 14, 1926 (commonly known as the 

21 ‘‘Recreation and Public Purposes Act’’), (43 U.S.C. 869 

22 et seq.). 

23 (e) ADMINISTRATIVE COSTS.—The Secretary shall 

24 require the county to pay all survey costs and other admin25 istrative costs necessary for the preparation and compleVerDate Mar 15 2010 03:38 Jan 25, 2012 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3815.IH H3815

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1 tion of any patents for, and transfers of title to, the land 

2 described in subsection (b). 

3 (f) REVERSION.—If the land conveyed under this sec4 tion ceases to be used for a public purpose in accordance 

5 with subsection (d), the land shall, at the discretion of the 

6 Secretary, revert to the United States. 

7 TITLE II—ELKO INDIAN COLONY 

8 EXPANSION 

9 SEC. 201. DEFINITIONS. 

10 In this title: 

11 (1) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Te-moak Tribal Land Expansion’’, dated 

13 September 30, 2008, and on file and available for 

14 public inspection in the appropriate offices of the 

15 Bureau of Land Management. 

16 (2) TRIBE.—The term ‘‘Tribe’’ means the Te17 moak Tribe of Western Shoshone Indians of Nevada, 

18 which is a federally recognized Indian tribe. 

19 SEC. 202. LAND TO BE HELD IN TRUST FOR THE TE-MOAK 

20 TRIBE OF WESTERN SHOSHONE INDIANS OF 

21 NEVADA. 

22 (a) IN GENERAL.—Subject to valid existing rights, 

23 all right, title, and interest of the United States in and 

24 to the land described in subsection (b)— 


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1 (1) shall be held in trust by the United States 

2 for the benefit and use of the Tribe; and 

3 (2) shall be part of the reservation of the Tribe. 

4 (b) DESCRIPTION OF LAND.—The land referred to in 

5 subsection (a) consists of approximately 373 acres of land 

6 administered by the Bureau of Land Management, as gen7 erally depicted on the map as ‘‘Lands to be Held in 

8 Trust’’. 

9 (c) SURVEY.—Not later than 180 days after the date 

10 of enactment of this Act, the Secretary shall complete a 

11 survey of the boundary lines to establish the boundaries 

12 of the land taken into trust under subsection (a). 

13 (d) CONDITIONS.— 

14 (1) GAMING.—Land taken into trust under sub15 section (a) shall not be eligible, or considered to 

16 have been taken into trust, for class II gaming or 

17 class III gaming (as those terms are defined in sec18 tion 4 of the Indian Gaming Regulatory Act (25 

19 U.S.C. 2703)). 

20 (2) USE OF TRUST LAND.— 

21 (A) IN GENERAL.—The Tribe shall use the 

22 land taken into trust under subsection (a) only 

23 for— 

24 (i) traditional and customary uses; 


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1 (ii) stewardship conservation for the 

2 benefit of the Tribe; or 

3 (iii) residential or recreational devel4 opment. 

5 (B) OTHER USES.—If the Tribe uses any 

6 portion of the land taken into trust under sub7 section (a) for a purpose other than a purpose 

8 described in subparagraph (A), the Tribe shall 

9 pay to the Secretary an amount that is equal to 

10 the fair market value of the portion of the land, 

11 as determined by an appraisal. 

12 (3) THINNING; LANDSCAPE RESTORATION.— 

13 With respect to the land taken into trust under sub14 section (a), the Secretary, in consultation and co15 ordination with the Tribe, may carry out any fuels 

16 reduction and other landscape restoration activities 

17 on the land that is beneficial to the Tribe and the 

18 Bureau of Land Management. 

Æ 


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