[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.