1.This Act may be cited as the
Hoh Indian Tribe Safe Homelands
Act
.
2.
(a)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.
3.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.
4.Transfer of lands to be
held in trust as part of the tribe’s reservation; placement of other land into
trust
(a)All right, title, and
interest of the United States in and to the land described in subsection
(c)(2), are declared to be held in trust by the United States for the benefit
of the Tribe without any further action by the Secretary. Such land shall be
excluded from the boundaries of the Olympic National Park. Upon conveyance to
the Secretary by the Tribe, and subject to the completion of an assessment of
the nature and extent of any potential liability resulting from hazardous
substances or other environmental problems associated with such property and
the remediation of any such potential liabilities, the Secretary shall take
into trust for the benefit of the Tribe certain non-Federal land owned by the
Tribe described in subsection (c)(1), without any further action by the
Secretary.
(b)Land
taken into trust for the Tribe pursuant to subsection (a) shall be part of the
Reservation
(c)The land to be transferred and held in trust under
subsection (a) is the land generally depicted on the map titled Hoh
Indian Tribe Safe Homelands Act Land Acquisition Map
, dated July, 21,
2008, and further described as—
(1)the non-Federal land owned by the Hoh Tribe
described in section 2(a)(6) and (7); 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)Not later than 120 days
after the survey required by section 5(a)(6) 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 in the appropriate offices of the Secretary.
(e)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.
5.Preservation of existing
condition of Federal land; terms of conservation and use in connection with
land transfer
(a)The use of the Federal land transferred pursuant to section 4
shall be 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.
(2)The condition of the Federal land at the
time of the transfer under this section shall be preserved and protected and no
actions that would adversely affect the natural environment on the Federal land
shall be taken, except as described in this Act.
(3)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.
(4)Routine maintenance may be conducted on the
two-lane county road that traverses the Federal land as of the date of the
enactment of this Act. The road may not be widened or otherwise expanded. No
other roads or access routes shall be allowed on the Federal land, except as
provided by this paragraph and subsection (b)(2). In the event the use of the
road or portions of the road is compromised by floods or other natural or
unexpected occurrences, a similar, two-lane road or portion of the road may be
reconstructed to assure access to the area.
(5)The Tribe may authorize
tribal members to engage in ceremonial and other treaty uses of the Federal
lands and existing tribal treaty rights shall not be diminished by this
Act.
(6)The Tribe shall survey
the boundaries of the Federal land and submit the survey to the National Park
Service for its review and concurrence.
(b)The Secretary and the
Tribe—
(1)shall enter into cooperative
agreements—
(A)for mutual emergency fire aid, upon
completion of the Tribe’s proposed emergency fire response building; and
(B)to provide opportunities for the public to
learn more about the culture and traditions of the Tribe;
(2)may develop and establish a multipurpose,
nonmotorized trail from Highway 101 to the Pacific Ocean; and
(3)shall work cooperatively on any other
issues of mutual concern related to the transfer of land authorized by this
Act.
6.All lands taken
into trust by the United States under this Act shall be a part of the Hoh
Indian Reservation.
7.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.).
October 21, 2009
Reported with an amendment, committed to the Committee of
the Whole House on the State of the Union, and ordered to be
printed