[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1061
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2009
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.
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. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.).
<all>