I 

111TH CONGRESS 

2D SESSION H. R. 5416 

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 

MAY 26, 2010 

Mr. HELLER 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; 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. 

Sec. 2. Definition of Secretary. 


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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 notwithstanding the land use planning require20 ments of sections 202 and 203 of the Federal Land Policy 


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1 and Management Act of 1976 (43 U.S.C. 1712, 1713), 

2 the Secretary shall convey to the county, without consider3 ation, all right, title, and interest of the United States in 

4 and to the land described in subsection (b). 

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

6 subsection (a) consists of approximately 300 acres of land 

7 managed by the Bureau of Land Management, Elko Dis8 trict, Nevada, as depicted on the map as ‘‘Elko Motocross 

9 Park’’. 

10 (c) MAP AND LEGAL DESCRIPTION.— 

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

12 the date of enactment of this Act, the Secretary 

13 shall finalize the legal description of the parcel to be 

14 conveyed under this section. 

15 (2) MINOR ERRORS.—The Secretary may cor16 rect any minor error in— 

17 (A) the map; or 

18 (B) the legal description. 

19 (3) AVAILABILITY.—The map and legal descrip20 tion shall be on file and available for public inspec21 tion in the appropriate offices of the Bureau of 

22 Land Management. 

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

24 under subsection (a) shall be used only— 


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1 (1) as a motocross, off-highway vehicle, and 

2 stock car racing area; or 

3 (2) for any other public purpose consistent with 

4 the Act of June 14, 1926 (commonly known as the 

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

6 869 et seq.). 

7 (e) ADMINISTRATIVE COSTS.—The Secretary shall 

8 require the county to pay all survey costs and other admin9 istrative costs necessary for the preparation and comple10 tion of any patents for, and transfers of title to, the land 

11 described in subsection (b). 

12 (f) REVERSION.—If the land conveyed under sub13 section (a) ceases to be used for the public purpose for 

14 which the land was conveyed, the land shall, at the discre15 tion of the Secretary, revert to the United States. 

16 TITLE II—ELKO INDIAN COLONY 

17 EXPANSION 

18 SEC. 201. DEFINITIONS. 

19 In this title: 

20 (1) MAP.—The term ‘‘map’’ means the map en21 titled ‘‘Te-moak Tribal Land Expansion’’, dated 

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

23 public inspection in the appropriate offices of the 

24 Bureau of Land Management. 


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1 (2) TRIBE.—The term ‘‘Tribe’’ means the Te2 moak Tribe of Western Shoshone Indians of Nevada, 

3 which is a federally recognized Indian tribe. 

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

5 TRIBE OF WESTERN SHOSHONE INDIANS OF 

6 NEVADA. 

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

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

9 to the land described in subsection (b)— 

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

11 for the benefit and use of the Tribe; and 

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

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

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

15 administered by the Bureau of Land Management and 

16 identified on the map as ‘‘Lands to be Held in Trust’’. 

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

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

19 survey of the boundary lines to establish the boundaries 

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

21 (d) CONDITIONS.— 

22 (1) RIGHTS-OF-WAY.—Before taking the land 

23 into trust under subsection (a), not later than 120 

24 days after the date of enactment of this Act, the 

25 Secretary shall— 


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1 (A) complete any applicable environmental 

2 review for conveyance of a right-of-way for Jen3 nings Road, as depicted on the map; and 

4 (B) subject to the environmental review 

5 under subparagraph (A), convey the right-of6 way to the City of Elko. 

7 (2) GAMING.—Land taken into trust under sub8 section (a) shall not be eligible, or considered to 

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

10 class III gaming (as those terms are defined in sec11 tion 4 of the Indian Gaming Regulatory Act (25 

12 U.S.C. 2703)). 

13 (3) USE OF TRUST LAND.—With respect to the 

14 use of the land taken into trust under subsection 

15 (a), the Tribe shall limit the use of the land to— 

16 (A) traditional and customary uses; 

17 (B) stewardship conservation for the ben18 efit of the Tribe; and 

19 (C)(i) residential or recreational develop20 ment; or 

21 (ii) commercial use. 

22 (4) THINNING; LANDSCAPE RESTORATION.— 

23 With respect to the land taken into trust under sub24 section (a), the Secretary, in consultation and co25 ordination with the Tribe, may carry out any fuels 


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1 reduction and other landscape restoration activities 

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

3 Bureau of Land Management. 

4 SEC. 203. AUTHORIZATION OF APPROPRIATIONS. 

5 There are authorized to be appropriated such sums 

6 as are necessary to carry out this title. 

Æ 


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