II 

113TH CONGRESS 

1ST SESSION S. 1167 

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 

JUNE 13, 2013 

Mr. HELLER (for himself and Mr. REID) 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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Elko Motocross and Tribal Conveyance Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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Sec. 2. Definition of Secretary. 

TITLE I—ELKO MOTOCROSS LAND CONVEYANCE 

Sec. 101. Definitions. 

Sec. 102. Conveyance of land to county. 

TITLE II—ELKO INDIAN COLONY EXPANSION 

Sec. 201. Definitions. 

Sec. 202. Land to be held in trust for the Te-moak Tribe of Western Shoshone 

Indians of Nevada. 

Sec. 203. Authorization of appropriations. 

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, 


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

2 described in subsection (b). 

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

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

5 managed by the Bureau of Land Management, Elko Dis6 trict, Nevada, as generally depicted on the map as ‘‘Elko 

7 Motocross Park’’. 

8 (c) MAP AND LEGAL DESCRIPTION.— 

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

10 the date of enactment of this Act, the Secretary 

11 shall finalize the legal description of the parcel to be 

12 conveyed under this section. 

13 (2) MINOR ERRORS.—The Secretary may cor14 rect any minor error in— 

15 (A) the map; or 

16 (B) the legal description. 

17 (3) AVAILABILITY.—The map and legal descrip18 tion shall be on file and available for public inspec19 tion in the appropriate offices of the Bureau of 

20 Land Management. 

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

22 under this section shall be used only as a motocross, bicy23 cle, off-highway vehicle, or stock car racing area, or for 

24 any other public purpose consistent with uses allowed 

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


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

2 et seq.). 

3 (e) ADMINISTRATIVE COSTS.—The Secretary shall 

4 require the county to pay all survey costs and other admin5 istrative costs necessary for the preparation and comple6 tion of any patents for, and transfers of title to, the land 

7 described in subsection (b). 

8 (f) REVERSION.—If the land conveyed under this sec9 tion ceases to be used for a public purpose in accordance 

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

11 Secretary, revert to the United States. 

12 TITLE II—ELKO INDIAN COLONY 

13 EXPANSION 

14 SEC. 201. DEFINITIONS. 

15 In this title: 

16 (1) MAP.—The term ‘‘map’’ means the map en17 titled ‘‘Te-moak Tribal Land Expansion’’, dated 

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

19 public inspection in the appropriate offices of the 

20 Bureau of Land Management. 

21 (2) TRIBE.—The term ‘‘Tribe’’ means the Te22 moak Tribe of Western Shoshone Indians of Nevada, 

23 which is a federally recognized Indian tribe. 


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

2 TRIBE OF WESTERN SHOSHONE INDIANS OF 

3 NEVADA. 

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

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

6 to the land described in subsection (b)— 

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

8 for the benefit and use of the Tribe; and 

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

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

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

12 administered by the Bureau of Land Management, as gen13 erally depicted on the map as ‘‘Lands to be Held in 

14 Trust’’. 

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

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

17 survey of the boundary lines to establish the boundaries 

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

19 (d) CONDITIONS.— 

20 (1) GAMING.—Land taken into trust under sub21 section (a) shall not be eligible, or considered to 

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

23 class III gaming (as those terms are defined in sec24 tion 4 of the Indian Gaming Regulatory Act (25 

25 U.S.C. 2703)). 

26 (2) USE OF TRUST LAND.— 


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

2 land taken into trust under subsection (a) only 

3 for— 

4 (i) traditional and customary uses; 

5 (ii) stewardship conservation for the 

6 benefit of the Tribe; or 

7 (iii) residential or recreational devel8 opment. 

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

10 portion of the land taken into trust under sub11 section (a) for a purpose other than a purpose 

12 described in subparagraph (A), the Tribe shall 

13 pay to the Secretary an amount that is equal to 

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

15 as determined by an appraisal. 

16 (C) USE OF FUNDS.—Any amounts re17 ceived by the Secretary under subparagraph (B) 

18 shall be— 

19 (i) deposited in the Federal Land Dis20 posal Account established by section 

21 206(a) of the Federal Land Transaction 

22 Facilitation Act (43 U.S.C. 2305(a)); and 

23 (ii) used in accordance with that Act. 

24 (3) THINNING; LANDSCAPE RESTORATION.— 

25 With respect to the land taken into trust under subVerDate Mar 15 2010 23:09 Jun 19, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1167.IS S1167

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1 section (a), the Secretary, in consultation and co2 ordination with the Tribe, may carry out any fuels 

3 reduction and other landscape restoration activities 

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

5 Bureau of Land Management. 

6 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated such sums 

8 as are necessary to carry out this title. 

Æ 


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