59–010 

Calendar No. 377 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–216 

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. 


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1General Allotment Act, 24 Stat. 388, (1887). 

2 49 Stat. 1094. (1936). 

3 Nevada Indian Commission. Accessed on January 8, 2016 at: http://nic.nv.gov/directory. 4Statement 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). 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). 

8Shoshone-Paiute Tribal Website Accessed on January 8, 2016 at: http:// 

www.shopaitribes.org/culture/culture/45-history.html. 9Statement 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). 10Statement 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). 11Statement 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). 14Pub. L. No. 86–37, 73 Stat. 64, (1959). 15Pub. L. No. 92–186, 85 Stat. 643, (1971). 16Summit Lake Tribal website accessed on January 8, 2016 at: http://summitlaketribe.org/ 

AboutlUs.html. 

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

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. 

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

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 BLMVerDate Sep 11 2014 06:56 Mar 03, 2016 Jkt 059010 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\SR216.XXX SR216

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17Statement of Chairwoman of Summit Lake Paiute Tribe Randi Desoto. Hearing before the 

Senate Committee on Indian Affairs. 114th Cong. (October 7, 2015). 18 Act of May 18, 39 Stat. 143 (1916). 19Statement 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). 20Pub. L. No. 99–389, 100 Stat. 828, (1986). 21 Nevada Indian Commission. Accessed on January 8, 2016 at: Nic.nv.gov. 22Statement 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. 25Statement 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). 26Statement of Chairman of the Duckwater Shoshone Tribe Perline Thompson. Hearing before 

the Senate Committee on Indian Affairs. 114th Cong. (October 7, 2015). 

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. 

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. 

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. 

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 


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27 Act of June 28, 55 Stat. 303, (1941). 28 Nevada Indian Commission. Accessed on January 8, 2016 at: Nic.nv.gov. 29Tiller’s Guide 2015–2014, Bureau of Indian Affairs Realty Division. 30Statement of Chairman of the Duckwater Shoshone Tribe Perline Thompson. Hearing before 

the Senate Committee on Indian Affairs. 114th Cong. (October 7, 2015). 31Letter 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). 

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

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: 


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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 


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32 25 U.S.C. 2701 et seq. 

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. 

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. 


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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-asyou-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. 


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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. 

Æ 


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