I 111th CONGRESS 1st Session H. R. 2040 IN THE HOUSE OF REPRESENTATIVES April 22, 2009 Mr. Larsen of Washington introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize a process by which the Secretary of the Interior shall process acquisitions of certain real property of the Samish Indian Nation into trust, and for other purposes.

1.

Administrative land into trust process

(a)

Process

For the purpose of processing acquisitions of real property of the Samish Indian Nation into trust under part 151 of title 25, Code of Federal Regulations, at the request of the Samish Indian Nation, the Secretary of the Interior shall process as on-reservation acquisitions any property in the areas described in subsection (b) that the Samish Indian Nation both acquires and requests to deed to the Secretary. (b)

Land Described

The property referred to in subsection (a) are the following islands located within Skagit County, Washington: Guemes Island; Cypress Island; Burrows Island; Allan Island; the western part of Fidalgo Island, to the following described line on the isthmus separating the western part of Fidalgo Island from the peninsula comprising the eastern part of Fidalgo Island: from the northwest side of Similk Bay in township 34N, range 2E follow the north south section line, dividing section 08 from section 09, north across the Fidalgo Island isthmus into Fidalgo Bay; Samish Island, to the following described boundary line on the eastern edge of the island: from the northeast side of Padilla Bay, cross the south east portion of Samish Island along the east west line dividing section 01, range 2E, township 35N from section 36, range 2E, township 36N, into Samish Bay and Siwash Slough; Cone Islands; Dot Island; Huckleberry Island; Jack Island; Northwest Island; Saddlebag Island; Strawberry Island; Towhead Island; Williamson Rocks; and Young Island.

2.

Use of land

Real property taken into trust under section 1 shall not be used for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). The proclamation of a reservation for the Samish Indian Nation pursuant to the Indian Reorganization Act or the establishment of an initial reservation for the Samish Indian Nation shall not alter the prohibition of this section with regard to lands taken into trust pursuant to this Act.

3.

Hunting, fishing, trapping, and gathering

This Act shall not grant, restore, or diminish any hunting, fishing, trapping, or gathering treaty right of the Samish Indian Nation.

4.

Clarification of effect of land taken into trust

This Act shall not affect or diminish any right to which any other Indian tribe is entitled under law to apply to have land taken into trust with the area described in section 1. The designation of a geographic area in this Act for purposes of processing fee-to-trust applications under part 151 of title 25, Code of Federal Regulations, shall not be construed as creating a reservation for the Samish Indian Nation in such area. Any reservation for the Samish Indian Nation shall be established or created pursuant to Federal law.