[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4362 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4362

   To authorize the Secretary of the Interior to accept a parcel of 
  Federal land in the State of Washington in trust for the Nisqually 
 Tribe, to ensure that the acceptance of such land does not adversely 
  affect the Bonneville Power Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 2004

   Mr. Smith of Washington introduced the following bill; which was 
    referred to the Committee on Resources, and in addition to the 
Committee on Armed Services, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of the Interior to accept a parcel of 
  Federal land in the State of Washington in trust for the Nisqually 
 Tribe, to ensure that the acceptance of such land does not adversely 
  affect the Bonneville Power Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACCEPTANCE OF ADDITIONAL TRUST LANDS ON BEHALF OF NISQUALLY 
              TRIBE, WASHINGTON.

    (a) Authority to Accept.--The Secretary of the Interior may accept, 
in trust for the Nisqually Tribe, a federally recognized Indian tribe 
whose tribal lands are located within the State of Washington, all 
right, title, and interest of the United States in and to two parcels 
of real property, including any improvements thereon, consisting of 
approximately 168 acres at Fort Lewis, Washington. The acceptance by 
the Secretary of the parcels in trust for the Nisqually Tribe shall be 
in lieu of conveyance of the parcels directly to the tribe under 
section 2837 of the Military Construction Authorization Act for Fiscal 
Year 2002 (division B of Public Law 107-107; 115 Stat. 1315).
    (b) Consideration.--As consideration for the real property 
described in subsection (a), the Nisqually Tribe shall continue to 
comply with subsection (b) of such section 2837, except that the fee 
title acquired by the tribe and conveyed under such subsection must be 
free from all liens, encumbrances or other interests, other than those, 
if any, acceptable to the recipient.
    (c) Treatment of Existing Permit Rights; Grant of Easement.--(1) 
The acceptance of real property in trust for the Nisqually Tribe under 
subsection (a) shall recognize and preserve to the Bonneville Power 
Administration, in perpetuity and without the right of revocation 
except as provided in paragraph (2), rights in existence at the time of 
the conveyance under the permit dated February 4, 1949, as amended 
January 4, 1952, between the Department of the Army and the Bonneville 
Power Administration with respect to any portion of the property 
described in subsection (a) upon which the Bonneville Power 
Administration retains transmission facilities. The rights recognized 
and preserved include the right to upgrade those transmission 
facilities.
    (2) The permit rights recognized and preserved under paragraph (1) 
shall terminate only upon the Bonneville Power Administration's 
relocation of the transmission facilities referred to in paragraph (1), 
and then only with respect to that portion of those transmission 
facilities that are relocated.
    (3) The Secretary of the Interior, as trustee for the Nisqually 
Tribe, shall grant to the Bonneville Power Administration, without 
consideration and subject to the same rights recognized and preserved 
in paragraph (1), such additional easements across the property 
described in subsection (a) as the Bonneville Power Administration 
considers necessary to accommodate the relocation or reconnection of 
Bonneville Power Administration transmission facilities from property 
owned by the Tribe and held by the Secretary of the Interior in trust 
for the Tribe.
                                 <all>