1.This Act may be cited as the
Hoh Indian Tribe Safe Homelands
Act
.
2.In this Act:
(1)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)The
term Map
means the map entitled Hoh Indian Tribe Safe
Homelands Act Land Acquisition Map
and dated May 14, 2009.
(3)The term non-Federal land
means the
approximately 434 acres of land—
(A)owned by the
Tribe; and
(B)depicted on the
Map.
(4)The
term Secretary
means the Secretary of the Interior.
(5)The
term Tribe
means the Hoh Indian Tribe.
3.Land taken into
trust for benefit of Tribe
(a)
(1)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)
(A)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)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)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)
(1)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)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)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)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.
4.Use of Federal
land by Tribe; cooperative efforts
(a)Use of Federal
land by tribe
(1)The use of the Federal land by the Tribe shall be subject to
the following conditions:
(A)No commercial, residential, industrial, or other
building or structure shall be constructed on the Federal land.
(B)Natural
condition and environmentThe 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)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)
(i)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)The
county road described in clause (i) may not be widened or otherwise
expanded.
(iii)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)Except as provided in clause (iii) and subsection (b)(2),
no other road or access route shall be permitted on the Federal land.
(2)
(A)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 tribeNothing in this Act affects any treaty
right of the Tribe in existence on the date of enactment of this Act.
(b)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.
5.Treatment of
trust land as part of reservationAll land taken into trust for the benefit of
the Tribe pursuant to this Act shall be a part of the reservation of the
Tribe.
6.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.
Lorraine C. Miller,
Clerk.
June 9, 2010
Received; read twice and placed on the
calendar