[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Enrolled Bill (ENR)]

        H.R.1061

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 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 in accordance with the regulations of the 
    Department of the Interior for implementing the National 
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are 
    applicable to trust land acquisitions for Indian tribes that are 
    mandated by Federal legislation, 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. 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)).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.