110 HR 7073 IH: Hoh Indian Tribe Safe Homelands U.S. House of Representatives 2008-09-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 7073 IN THE HOUSE OF REPRESENTATIVES September 25, 2008 Mr. Dicks introduced the following bill; which was referred to the Committee on Natural Resources A BILL To transfer certain land to the United States to be held in trust for the Hoh Indian Tribe, to place land into trust for the Hoh Indian Tribe, and for other purposes.
1.
Short title
This Act may be cited as the Hoh Indian Tribe Safe Homelands Act.
2.
Findings
(a)
Findings
Congress finds the following: (1)The Hoh Indian Reservation, located along the Hoh River and the Pacific Ocean in a remote section of Jefferson County, Washington, is the homeland of the Hoh Indian Tribe, a federally recognized Indian tribe. (2)Established by Executive Order in 1893, the Reservation is approximately one square mile, but its habitable acreage has been reduced over time due to storm surges, repeated flooding and erosion, and lack of river dredging. (3)Due to its location along the river and ocean and frequent torrential rains, 90 percent of the Reservation is located within a flood zone and, in fact, has flooded repeatedly over the last five years. In addition, 100 percent of the Reservation is within a tsunami zone, leaving most of the Reservation unfit for safe occupation. (4)The Tribe has repeatedly suffered from serious flood and wind damage to homes, tribal buildings, and utility infrastructure that have caused significant damage and resulted in critical safety and environmental hazards. (5)Federal agencies such as the Bureau of Indian Affairs, the Department of Housing and Urban Development, and the Federal Emergency Management Agency have limited authority to assist the Tribe with housing and other improvements and services due to the dangerous and unsustainable location of the Reservation. (6)The Tribe has purchased from private owners near the Reservation approximately 260 acres of land in order to move key infrastructure out of the flood zone. (7)In addition, the State of Washington’s Department of Natural Resources has transferred ownership of 160 acres of land to the Tribe. (8)An approximately 37 acre parcel of logged land, administered by the National Park Service, lies between the current Reservation land and those lands acquired by the Tribe, and the only road accessing the Reservation crosses this parcel. (9)Together, the lands described in paragraphs 6, 7, and 8 would constitute a contiguous parcel for the Reservation and would create a safe area for members of the Tribe to live and rebuild their community.
3.
Definitions
For the purposes of this Act—— (1)the term Federal land mean the Federal lands described in section 4(c)(2); (2)the term Reservation means the reservation of the Hoh Indian Tribe; (3)the term Secretary means the Secretary of the Interior; and (4)the term Tribe means the Hoh Indian Tribe, a federally recognized Indian tribe.
4.
Transfer of lands to be held in trust as part of the tribe’s reservation; placement of other land into trust
(a)
In general
The Secretary shall transfer to the Tribe all right, title, and interest of the United States in and to the Federal land. Such land shall be held in trust by the United States for the benefit of the Tribe. Such land shall be excluded from the boundaries of Olympic National Park. At the request of the Tribe, at the time of transfer of the Federal land, the Secretary shall also place into trust for the benefit of the Tribe the non-Federal land owned by the Tribe and described in subsection (c)(1). (b)
Reservation
Land taken into trust for the Tribe pursuant to subsection (a) shall be part of the Reservation (c)
Description of lands
The land to be transferred and held in trust under subsection (a) is the land generally depicted on the map titled H.R. ___ Hoh Indian Tribe Safe Homelands Act, and dated _________ and further described as— (1)the non-Federal land owned by the Hoh Tribe; and (2)the Federal land administered by the National Park Service, located in Section 20, Township 26N, Range 13W, W.M. South of the Hoh River. (d)
Availability of map
Not later than 120 days after the completion of the land transfer of Federal land under this section, the Secretary shall make the map available to the appropriate agency officials and congressional committees. The map shall be available for public inspection in the appropriate offices of the Secretary. (e)
Congressional intent
It is the intent of Congress that— (1)the condition of the Federal land at the time of the transfer under this section should be preserved and protected; (2)that the natural environment existing on the Federal land at the time of the transfer under this section should not be altered, except as described in this Act; and (3)the Tribe and the National Park Service shall work cooperatively on issues of mutual concern related to this Act.
5.
Preservation of existing condition of federal land; terms of conservation and use in connection with land transfer
(a)
Restrictions on use
The use of the Federal land transferred pursuant to section 4 is subject to the following conditions: (1)No commercial, residential, industrial, or other buildings or structures shall be placed on the Federal land being transferred and placed into trust. The existing road may be maintained or improved, but no major improvements or road construction shall occur on the lands. (2)In order to maintain its use as a natural wildlife corridor and to provide for protection of existing resources, no logging or hunting shall be allowed on the land. (3)The Tribe may authorize tribal members to engage in ceremonial and other treaty uses of these lands and existing tribal treaty rights are not diminished by this Act. (4)The Tribe shall survey the boundaries of the Federal land and submit the survey to the National Park Service for review and concurrence. (b)
Cooperative efforts
Congress urges the Secretary and the Tribe to enter into written agreements on the following: (1)Upon completion of the Tribe’s proposed emergency fire response building, Congress urges the parties to work toward mutual aid agreements. (2)The National Park Service and the Tribe shall work collaboratively to provide opportunities for the public to learn more about the culture and traditions of the Tribe. (3)The land may be used for the development of a multi-purpose, non-motorized trail from Highway 101 to the Pacific Ocean. The parties agree to work cooperatively in the development and placement of such trail.
6.
Hoh Indian reservation
All lands taken into trust by the United States under this Act shall be a part of the Hoh Indian Reservation.
7.
Gaming prohibition
No land taken into trust for the benefit of the Hoh Indian Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).