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Title II — Tribal Cultural Resources

S. 3397 · 115th Congress · Aug 28, 2018 · Lineage

II Tribal Cultural Resources

Sec. 201 Transfer of land to be held in trust for Tribe

(a)
In general— Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in subsection (b)—
(1)
shall be held in trust by the United States for the benefit of the Tribe; and
(2)
shall be part of the reservation of the Tribe.
(b)
Description of land— The land referred to in subsection (a) consists of—
(1)
approximately 1,945 acres of Federal land generally depicted as “Washoe Tribe Conveyances” on the Map; and
(2)
any land administered on the date of enactment of this Act by the Bureau of Land Management or the Forest Service and generally depicted as “Section 5 lands” on the Map.
(c)
Survey— Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under subsection (a).
(d)
Use of trust land—
(1)
Gaming— Land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)).
(2)
Thinning; landscape restoration—
(A)
In general— The Secretary concerned, in consultation and coordination with the Tribe, may carry out any fuel reduction and other landscape restoration activities on the land taken into trust under subsection (a) (including land that includes threatened and endangered species habitat), that are beneficial to—
(i)
the Tribe; and
(ii)
(I)
the Bureau of Land Management; or
(II)
the Forest Service.
(B)
Conservation benefits— Activities carried out under subparagraph (A) include activities that provide conservation benefits to a species—
(i)
that is not listed as endangered or threatened under section 4(c) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)); but
(ii)
is—
(I)
listed by a State as a threatened or endangered species;
(II)
a species of concern; or
(III)
a candidate for a listing as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(e)
Water rights— Nothing in this section affects the allocation, ownership, interest, or control, as in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a person.

Sec. 202 Dance Hill Management Agreement

(a)
In general— The Secretary of Agriculture shall manage the land described in subsection (b) pursuant to the interlocal agreement entered into by the Tribe and County—
(1)
to preserve cultural resources;
(2)
to ensure regular access by members of the Tribe and the community across National Forest System land for cultural and religious purposes; and
(3)
to protect recreational uses.
(b)
Description of land— The land referred to in subsection (a) consists of the approximately 1,811 acres of land generally depicted as “Dance Hill Management Agreement Area” on the Map.