[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 490 Engrossed in Senate (ES)]
108th CONGRESS
1st Session
S. 490
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to convey certain land in the
Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the
Interior, in trust for the Washoe Indian Tribe of Nevada and
California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. WASHOE TRIBE LAND CONVEYANCE.
(a) Purposes.--The purposes of this Act are--
(1) to implement the joint local, State, tribal, and
Federal objective of returning the Tribe to Lake Tahoe; and
(2) to ensure that members of the Tribe have the
opportunity to engage in traditional and customary cultural
practices on the shore of Lake Tahoe to meet the needs of
spiritual renewal, land stewardship, Washoe horticulture and
ethnobotany, subsistence gathering, traditional learning, and
reunification of tribal and family bonds.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights, the easement reserved under subsection (d), and the condition
stated in subsection (e), the Secretary of Agriculture shall convey to
the Secretary of the Interior, in trust for the Tribe, for no
consideration, all right, title, and interest in the parcel of land
comprising approximately 24.3 acres, located within the Lake Tahoe
Basin Management Unit north of Skunk Harbor, Nevada, and more
particularly described as Mount Diablo Meridian, T15N, R18E, section
27,
lot 3.
(c) Easement.--
(1) In general.--The conveyance under subsection (c) shall
be made subject to reservation to the United States of a
nonexclusive easement for public and administrative access over
Forest Development Road #15N67 to National Forest System land,
to be administered by the Secretary of Agriculture.
(2) Access by individuals with disabilities.--The Secretary
of Agriculture shall provide a reciprocal easement to the Tribe
permitting vehicular access to the parcel over Forest
Development Road #15N67 to--
(A) members of the Tribe for administrative and
safety purposes; and
(B) members of the Tribe who, due to age,
infirmity, or disability, would have difficulty
accessing the conveyed parcel on foot.
(d) Condition on Use of Land.--
(1) In general.--In using the parcel conveyed under
subsection (c), the Tribe and members of the Tribe--
(A) shall limit the use of the parcel to
traditional and customary uses and stewardship
conservation for the benefit of the Tribe;
(B) shall not permit any permanent residential or
recreational development on, or commercial use of, the
parcel (including commercial development, tourist
accommodations, gaming, sale of timber, or mineral
extraction); and
(C) shall comply with environmental requirements
that are no less protective than environmental
requirements that apply under the Regional Plan of the
Tahoe Regional Planning Agency.
(2) Termination and reversion.--If the Secretary of the
Interior, after notice to the Tribe and an opportunity for a
hearing, based on monitoring of use of the parcel by the Tribe,
makes a finding that the Tribe has used or permitted the use of
the parcel in violation of paragraph (1) and the Tribe fails to
take corrective or remedial action directed by the Secretary of
the Interior--
(A) title to the parcel in the Secretary of the
Interior, in trust for the Tribe, shall terminate; and
(B) title to the parcel shall revert to the
Secretary of Agriculture.
Passed the Senate July 17, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 490
_______________________________________________________________________
AN ACT
To direct the Secretary of Agriculture to convey certain land in the
Lake Tahoe Basin Management Unit, Nevada, to the Secretary of the
Interior, in trust for the Washoe Indian Tribe of Nevada and
California.