[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 1061

_______________________________________________________________________

                                 AN ACT


 
 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hoh Indian Tribe Safe Homelands 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 37-acre parcel of land--
                    (A) administered by the National Park Service;
                    (B) located in sec. 20, T. 26N, R. 13W, W.M., south 
                of the Hoh River; and
                    (C) depicted on the Map.
            (2) Map.--The term ``Map'' means the map entitled ``Hoh 
        Indian Tribe Safe Homelands Act Land Acquisition Map'' and 
        dated May 14, 2009.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 434 acres of land--
                    (A) owned by the Tribe; and
                    (B) depicted on the Map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.

SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.

    (a) Federal Land.--
            (1) In general.--Effective beginning on the date of 
        enactment of this Act--
                    (A) all right, title, and interest of the United 
                States in and to the Federal land are considered to be 
                held in trust by the United States for the benefit of 
                the Tribe, without any action required to be taken by 
                the Secretary; and
                    (B) the Federal land shall be excluded from the 
                boundaries of Olympic National Park.
            (2) Survey by tribe.--
                    (A) In general.--The Tribe shall--
                            (i) conduct a survey of the boundaries of 
                        the Federal land; and
                            (ii) submit the survey to the Director of 
                        the National Park Service for review and 
                        concurrence.
                    (B) Action by director.--Not later than 90 days 
                after the date on which the survey is submitted under 
                subparagraph (A)(ii), the Director of the National Park 
                Service shall--
                            (i) complete the review of the survey; and
                            (ii) provide to the Tribe a notice of 
                        concurrence with the survey.
                    (C) Availability of survey.--Not later than 120 
                days after the date on which the notice of concurrence 
                is provided to the Tribe under subparagraph (B)(ii), 
                the Secretary shall--
                            (i) submit a copy of the survey to the 
                        appropriate committees of Congress; and
                            (ii) make the survey available for public 
                        inspection at the appropriate office of the 
                        Secretary.
    (b) Non-Federal Land.--
            (1) In general.--On fulfillment of each condition described 
        in paragraph (2), and upon compliance with the National 
        Environmental Policy Act of 1969, the Secretary shall take the 
        non-Federal land into trust for the benefit of the Tribe.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are that the Tribe shall--
                    (A) convey to the Secretary all right, title, and 
                interest in and to the non-Federal land; and
                    (B) submit to the Secretary a request to take the 
                non-Federal land into trust for the Tribe.
    (c) Congressional Intent.--It is the intent of Congress that--
            (1) the condition of the Federal land as in existence on 
        the date of enactment of this Act should be preserved and 
        protected;
            (2) the natural environment existing on the Federal land on 
        the date of enactment of this Act should not be altered, except 
        as otherwise provided by this Act; and
            (3) the Tribe and the National Park Service shall work 
        cooperatively regarding issues of mutual concern relating to 
        this Act.
    (d) Availability of Map.--Not later than 120 days after the survey 
required by subsection (a)(2)(A) has been reviewed and concurred in by 
the National Park Service, the Secretary shall make the Map available 
to the appropriate congressional committees. The Map also shall be 
available for public inspection at the appropriate offices of the 
Secretary.

SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.

    (a) Use of Federal Land by Tribe.--
            (1) Restrictions on use.--The use of the Federal land by 
        the Tribe shall be subject to the following conditions:
                    (A) Buildings and structures.--No commercial, 
                residential, industrial, or other building or structure 
                shall be constructed on the Federal land.
                    (B) Natural condition and environment.--The Tribe--
                            (i) shall preserve and protect the 
                        condition of the Federal land as in existence 
                        on the date of enactment of this Act; and
                            (ii) shall not carry out any activity that 
                        would adversely affect the natural environment 
                        of the Federal land, except as otherwise 
                        provided by this Act.
                    (C) Logging and hunting.--To maintain use of the 
                Federal land as a natural wildlife corridor and provide 
                for protection of existing resources of the Federal 
                land, no logging or hunting shall be allowed on the 
                Federal land.
                    (D) Roads.--
                            (i) Routine maintenance.--Routine 
                        maintenance may be conducted on the 2-lane 
                        county road that crosses the Federal land as in 
                        existence on the date of enactment of this Act.
                            (ii) Expansion.--The county road described 
                        in clause (i) may not be widened or otherwise 
                        expanded.
                            (iii) Reconstruction.--If the county road 
                        described in clause (i) is compromised due to a 
                        flood or other natural or unexpected 
                        occurrence, the county road may be 
                        reconstructed to ensure access to relevant 
                        areas.
                            (iv) Other access routes.--Except as 
                        provided in clause (iii) and subsection (b)(2), 
                        no other road or access route shall be 
                        permitted on the Federal land.
            (2) Uses approved by treaty.--
                    (A) In general.--The Tribe may authorize any member 
                of the Tribe to use the Federal land for--
                            (i) ceremonial purposes; or
                            (ii) any other activity approved by a 
                        treaty between the United States and the Tribe.
                    (B) No effect on treaty rights of tribe.--Nothing 
                in this Act affects any treaty right of the Tribe in 
                existence on the date of enactment of this Act.
    (b) Cooperative Efforts.--The Secretary and the Tribe--
            (1) shall enter into cooperative agreements--
                    (A) for joint provision of emergency fire aid, on 
                completion of the proposed emergency fire response 
                building of the Tribe; and
                    (B) to provide opportunities for the public to 
                learn more regarding the culture and traditions of the 
                Tribe;
            (2) may develop and establish on land taken into trust for 
        the benefit of the Tribe pursuant to this Act a multipurpose, 
        nonmotorized trail from Highway 101 to the Pacific Ocean; and
            (3) shall work cooperatively on any other issues of mutual 
        concern relating to land taken into trust for the benefit of 
        the Tribe pursuant to this Act.

SEC. 5. TREATMENT OF TRUST LAND AS PART OF RESERVATION.

    All land taken into trust for the benefit of the Tribe pursuant to 
this Act shall be a part of the reservation of the Tribe.

SEC. 6. GAMING PROHIBITION.

    The Tribe may not conduct on any land taken into trust pursuant to 
this Act any gaming activities--
            (1) as a matter of claimed inherent authority; or
            (2) under any Federal law (including the Indian Gaming 
        Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
        regulations promulgated by the Secretary or the National Indian 
        Gaming Commission pursuant to that Act)).

            Passed the House of Representatives June 8, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 1061

_______________________________________________________________________

                                 AN ACT

 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.