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Title II — Tribal cultural resources

S. 2890 · 116th Congress · Nov 18, 2019 · 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) is—
(1)
the approximately 2,669 acres of Federal land generally depicted as “Washoe Tribe Conveyances” on the Map; and
(2)
any land—
(A)
generally depicted as “Section 5 lands” on the Map; and
(B)
administered on the date of enactment of this Act by—
(i)
the Bureau of Land Management; or
(ii)
the Forest Service.
(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 those terms are 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 or other landscape restoration activities on the land taken into trust under subsection (a) (including land that includes threatened or endangered species habitat), that are beneficial to—
(i)
the Tribe; and
(ii)
as applicable—
(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 that—
(i)
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)
a candidate for a listing as an endangered or threatened species under that Act (16 U.S.C. 1531 et seq.);
(II)
a species of concern; or
(III)
listed by a State as a threatened or endangered species.
(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—
(1)
the United States;
(2)
an Indian Tribe;
(3)
a State; or
(4)
a person.