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[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.

                                  [all]
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