Moapa Band of Paiutes Land Conveyance Act

Mr. President, this week the Senate Committee on Indian Affairs held a hearing to address five important pieces of legislation. Two of these bills, the Moapa Band of Paiutes Land Conveyance Act--S. 2479--and the Nevada Native Nations Land Act--S. 2480--will transfer land into trust for a total of eight Indian tribes in Nevada for heritage preservation and economic development.

Nevada's Great Basin has always been home to the Washoe, Paiute and Western Shoshone Peoples. The First Nevadans have long been a voice for protecting our wild landscapes and enriching our State through their language and cultural heritage. I take the many obligations that the United States has to tribal nations seriously. Land is lifeblood to Native Americans and these bills provide space for housing, economic development, traditional uses and cultural protection. I would like to commend the tribes, whose immense work and collaboration made these bills possible, and I look forward to continuing to work with our First Nevadans on protecting homelands.

The Moapa Band of Paiute Indians have been in Nevada and the West since time immemorial and suffered great land losses through Federal Indian policy. When the Moapa River Reservation was established in the late 1800s, it consisted of over 2 million acres. In its lust to settle the West, Congress drastically reduced the reservation to just 1,000 acres in 1875. It wasn't until 1980 that Congress restored 70,500 acres to the reservation. Today the reservation is approximately 71,954 acres.

The Moapa Band of Paiutes Land Conveyance Act, S. 2479, would direct the Secretary of the Interior to take more than 26,000 acres of land currently managed by the Bureau of Land Management--BLM--and the Bureau of Reclamation into trust for the Moapa People who live outside of Las Vegas, NV. This legislation would provide much needed land for the tribe's housing, economic development and cultural preservation.

Located on I-15, the tribe runs the Moapa Paiute Travel Plaza. The tribe is the first in Indian Country to develop utility-scale solar projects on tribal lands. Since southern Nevada has critical habitat for the desert tortoise, a species listed as threatened under the Endangered Species Act, the tribe works closely with Federal, State, and local partners, members of the conservation community and interested stakeholders to develop their community in an environmentally responsible manner.

The Nevada Native Nations Land Act, S. 2480, would transfer land into trust for seven northern Nevada tribes--the Elko Band of the Te-Moak Tribe of Western Shoshone Indians, the Fort McDermitt Paiute and Shoshone Tribe, the Duck Valley Shoshone Paiute Tribes, the Summit Lake Paiute Tribe, the Reno-Sparks Indian Colony, the Pyramid Lake Paiute Tribe and the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians. As does S. 2479, the Nevada Native Nations Land Act would allow these seven tribes to build housing for their members, preserve their cultural heritage and traditions, and provide opportunities for economic development.

Since time immemorial, the Western Shoshone have been living in what is now known as southern Idaho, central Nevada, northwestern Utah, and the Death Valley region of southern California. The Elko and South Fork Bands are two of four bands that comprise the Te-Moak Tribe of Western Shoshone Indians.

The Elko Band's reservation, or colony, is landlocked by the growing City of Elko, where band members have been coming for mining and railroad jobs for decades. The colony needs additional lands for housing and economic development. My legislation would expand the Elko Band's reservation by transferring 373 acres of BLM-managed land into trust for the tribe.

S. 2480 would also convey 275 acres, just west of the City of Elko, to Elko County to provide space for a BMX, motocross, off-highway vehicle, and stock car racing area.

The South Fork Reservation, home to the South Fork Band, is comprised of 13,050 acres. The Band was one of the groups of Western Shoshone that refused to move to the Duck Valley Reservation and stayed at the headwaters of the Reese River, near the present Battle Mountain Colony. Established by Executive order in 1941, the colony was originally 9,500 acres of land purchased under the Indian Reorganization Act. In addition to rugged high desert terrain near the foothills of the Ruby Mountains, the reservation has open range which is used for open cattle grazing and agricultural uses. The Nevada Native Nations Land Act would place 28,162 acres of BLM land into trust for the tribes and release the Red Spring Wilderness Study Area--WSA--from further study.

The Northern Paiutes made their homes throughout what is now known as Idaho, California, Utah and Nevada. Due to westward expansion, our government pushed some Western Shoshones and Northern Paiutes into the same tribe and onto the same reservation where their descendants remain.

The Fort McDermitt Paiute and Shoshone Tribe now make their home along the Nevada-Oregon border. Starting as a military fort in 1865, the military reservation was turned into an Indian Agency in 1889 then established as an Indian reservation in 1936. The reservation is currently made up of 16,354

acres in Nevada and 19,000 acres in Oregon. The Nevada Native Nations Land Act would add 19,094 acres now managed by the BLM in Nevada to the lands already held in trust for the tribe.

The Duck Valley Indian Reservation is the home of the Shoshone-Paiute Tribes who live along the State line between Nevada and Idaho. The reservation is 289,819 acres, including 22,231 acres of wetlands. The tribes have limited economic opportunities and tribal members have made their way farming and ranching. This bill would place 82 acres of U.S. Forest Service land into trust for the tribes. The tribes plan to rehabilitate structures that were used by Forest Service employees into much-needed housing on the parcel.

The Summit Lake Reservation is one of the most rural and remote reservations in Nevada along the Oregon and California borders. Established in 1913 for the Summit Lake Paiute Tribe, the reservation today is 12,573 acres. The tribe seeks land to maintain the integrity of its reservation, protect Summit Lake and restore the Lahontan Cutthroat Trout. S. 2480 would transfer 941 acres of BLM-managed land into trust for the tribe.

The Reno-Sparks Indian Colony has a very small 28-acre reservation in Reno, NV. The colony has 1,100 Paiute, Shoshone and Washoe members some of whom live on a 1,920 acre reservation in Hungry Valley, which is 19 miles north of Reno. The Hungry Valley Reservation is surrounded by shooting and ATV activities and tribal members have requested a buffer zone to ensure the safety of their community. The legislation would transfer 13,434 acres of BLM land into trust for the tribe.

The Pyramid Lake Paiute Tribe have made their homelands around Pyramid Lake, a unique desert terminal lake. Pyramid Lake is one of the most valuable assets of the tribe and is entirely enclosed within the boundaries of the reservation. S. 2480 would expand the reservation with an additional 30,669 acres of BLM-managed land.

This legislation is so important to me and the Indian tribes in Nevada. Throughout the history of our country, Native Americans have been removed and disenfranchised from their homelands. They have been treated so poorly. One of the first pieces of legislation I worked on when I came to Congress was the historic Pyramid Lake/Truckee-Carson Water Rights Settlement. This involved two States, several cities, a lake, a river, endangered species, and two Indian tribes. These Indian water rights needed to be protected, just as tribal lands need to be restored especially in Nevada where tribal landbases are smaller and more rural and remote than any other parts of Indian Country. During my time in the Senate, I will continue to do what I can to right some of the many wrongs and help tribes restore their homelands.

Mr. President, today Senator Murray and I are introducing legislation to enhance the safety practices and safety culture of short line railroads. The horrific derailment that occurred in Lac-Megantic, Quebec, last year, just 30 miles from the Maine border, brought to light the importance of ensuring the safe transportation of energy products. Specifically, our bill would authorize the Secretary of Transportation to make grants to a new Short Line Safety Institute for research, development, evaluation, and training efforts.

In the early morning hours of July 6, 2013, a freight train carrying hundreds of thousands of gallons of crude oil was sent hurtling toward the small, picturesque Canadian village of Lac-Megantic. The train derailed in the center of town, leveling several blocks, and killing 47 residents. Since the accident, the National Transportation Safety Board and the Department of Transportation have been working with American Short Line and Regional Railroad Association to develop new safety guidelines to prevent future disasters.

While this tragedy hit very close to home for us Mainers, there have been several other derailments of crude oil and other hazardous material recently across the country. Despite these incidents, the railroad industry maintains it has a strong safety record. According to the Association of American Railroads, 99.997 percent of rail hazmat shipments reached their destination without a release of product. This underscores the problem we face today we must ensure that we are taking the necessary steps to prevent another Lac-Megantic, while not overburdening an industry that has a proven track record of safety.

There are 550 short line railroad companies that operate over 50,000 miles of track, or nearly one third of the national railroad network. The tracks can be as short as 2 miles or up to more than 1,000 miles long. Generally, short line railroads must follow the same rules and regulations as the Nation's major railroads. But railroad safety is about more than just following the rules. Our bill would authorize the Short Line Safety Institute, under the Federal Railroad Administration's research and development programs, to provide a continuous and active focus on short line safety to assist individual short lines to improve their safety performance. It would allow for the hiring

of professional assessment staff who would work with individual short line managers and their employees to assess and improve safety practices. Safety training materials and techniques would be developed, and efforts would be made to further increase management and employee focus on creating a safety culture.

Short line railroads are mostly small businesses with far fewer employees than the Class I railroads. In addition, most of the employees have multiple responsibilities, stretching their time and resources thin. Furthermore, a large percentage of short line railroad resources go into track rehabilitation, which limits the resources available for other areas. This bill would allow short line railroad management to continually work with their employees using the most up to date methods to ensure safe operations. It would also improve awareness of industry best practices, both in general and with regard to specific commodities such as crude oil.

For those in rural America, short line railroads are a critical link to the national railroad network. Most are preserving light density lines that otherwise would have been abandoned, leaving thousands of small shippers in the lurch. They do their best to provide an essential service as safely as possible; however, with assistance, they believe they can do better, and establishing a Short Line Safety Institute is a cost effective way to do so. The concept merits our support, and I am pleased to introduce this legislation with Senator Murray to help make this concept a reality.

Mr President, in recent months, we have seen an outpouring of public support for maintaining meaningful open Internet rules. Americans are speaking loud and clear--they want an Internet that is a platform for free expression and innovation, where the best ideas and services can reach consumers based on merit rather than based on a financial relationship with a broadband provider. I agree, which is why today I am proud to join my friend in the House, Representative Doris Matsui of California, to introduce bicameral legislation requiring the Federal Communications Commission FCC, to ban pay-to-play deals on the Internet.

Since FCC Chairman Tom Wheeler began a proceeding to consider new open Internet rules, nearly 300,000 Americans have commented on his proposal. They are concerned that the Internet will become a place where broadband providers charge tolls to websites or applications in order to reach end users. This would represent a fundamental departure from the way in which consumers and entrepreneurs interact with the Internet. A two-tiered Internet based on ability to pay would harm the innovative and competitive environment we have all come to expect in the online world.

A pay-to-play Internet would allow larger companies to squeeze out their competitors. A small web company in Vermont that develops an idea to rival the largest Silicon Valley titans should not have to worry that its access to

consumers could be blocked because its competitors have a paid arrangement with broadband providers. The next generation of Internet companies should have the same protections that allowed a company like Vermont's Dealer.com to become a thriving success.

Such arrangements would also harm consumers, who would not have the assurance that the service they are paying for will provide the speed that they want. Too many Americans currently lack real choice in broadband providers, particularly those in rural areas. If the FCC clears the way for pay-to-play deals, whole swaths of the Internet could become functionally inaccessible to the customers of certain Internet providers. This is not the Internet we know today and we must act to ensure that it does not come to pass.

The Online Competition and Consumer Choice Act, which I am introducing with Congresswoman Matsui today, is straightforward. It requires the FCC to establish rules preventing providers from charging websites for priority access. It also requires rules to prevent providers from prioritizing their own affiliated content or services. This legislation should not be used by opponents of meaningful open Internet rules as an excuse for the FCC to not take any action that will protect consumers and innovators. The FCC should act now to ban these deals. I appreciate that Chairman Wheeler is asking whether they should be banned outright in the current open Internet proceeding. The overwhelming response from the American people is that they should be.

The importance of an open Internet is an issue that resonates outside of the Beltway, and with good reason--most Americans interact with the Internet as part of their daily lives. The issue of how we protect and promote an open Internet is crucial to our culture and our economy. I want to make sure that stakeholders from outside of Washington have an opportunity to show policymakers and regulators here that their decisions will have a significant impact throughout the country. That is why I am holding a Judiciary Committee field hearing on July 1 at the University of Vermont.

There should be widespread agreement to prevent special deals that harm consumers and dampen online innovation. The FCC and Congress should rightly focus on this timely and significant issue. I urge the Senate to pass this constructive legislative response.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 9, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a legislative hearing to receive testimony on the following bills: S. 2442, A bill to direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes; S. 2465, A bill to require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico; S. 2479, A bill to provide for a land conveyance in the State of Nevada; S. 2480, 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 certain Indian tribes, and for other purposes; and S. 2503, A bill to direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights Settlement Agreement and the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement, to provide for the lease of certain land located within Planet Ranch on the Bill Williams River in the State of Arizona to benefit the Lower Colorado River Multi-Species Conservation Program, and to provide for the settlement of specific water rights claims in the Bill Williams River watershed in the State of Arizona.

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

committee on indian affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 16, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``Improving the Trust System: Continuing Oversight of the Department of the Interior's Land Buy-Back Program.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

committee on indian affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 23, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``Indian Gaming: The Next 25 Years.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

committee on indian affairs

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 30, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct an oversight hearing entitled ``When Catastrophe Strikes: Responses to Natural Disasters in Indian Country.''

Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.

Mr. President, I would like to announce that the Committee on Indian Affairs will meet during the session of the Senate on Wednesday, July 30, 2014, in room SD-628 of the Dirksen Senate Office Building, at 2:30 p.m., to conduct a business meeting to consider the following bills: S. 1948, A bill to promote the academic achievement of American Indian, Alaska Native, and Native Hawaiian children with the establishment of a Native American language grant program; S. 2299, A bill to amend the Native American Programs Act of 1974 to reauthorize a provision to ensure the survival and continuing vitality of Native American languages; S. 2442, A bill to direct the Secretary of the Interior to take certain land and mineral rights on the reservation of the Northern Cheyenne Tribe of Montana and other culturally important land into trust for the benefit of the Northern Cheyenne Tribe, and for other purposes; S. 2465, A bill to require the Secretary of the Interior to take into trust 4 parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico; S. 2479, A bill to provide for a land conveyance in the State of Nevada; S. 2480, 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 certain Indian tribes, and for other purposes and H.R. 4002, An act to revoke the charter of incorporation of the Miami Tribe of Oklahoma at the request of that tribe, and for other purposes. Those wishing additional information may contact the Indian Affairs Committee at (202) 224-2251.