[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3084 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3084

  To restore Federal recognition to the Chinook Nation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2009

  Mr. Baird introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
  To restore Federal recognition to the Chinook Nation, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Chinook Nation 
Restoration Act''.
    (b) Findings.--Congress finds the following:
            (1) The Chinook Nation made a significant contribution to 
        the historic journey of Meriwether Lewis and William Clark to 
        the Pacific Ocean by greeting the expedition and their company 
        as well as trading with them throughout the winter of 1805-
        1806.
            (2) The United States subsequently recognized the Chinook 
        Nation as an Indian tribe in the Anson Dart (Tansy Point) 
        Treaty of 1851, and the Isaac Stevens (Chehalis River) Treaty 
        of 1855, but neither treaty was ratified, resulting in serious 
        harm to the Chinook people.
            (3) As a result of the failure of the United States to 
        protect the Chinook Nation and people, the Chinooks lost their 
        historic lands on the Columbia River, and a great number of 
        them succumbed to poverty and disease in the 19th century.
            (4) It was the intent of Congress in the Act of March 4, 
        1911 (36 Stat. 1345), to provide restitution to the Chinook 
        people in the form of allotments of land on existing Indian 
        reservations, which the Supreme Court of the United States 
        upheld in Halbert v. United States (283 U.S. 753 (1931)).
            (5) Congress named four of the five tribes of the Chinook 
        Nation, the Lower Chinook, Wahkiakum, Cathlamet, and Clatsop, 
        in the Western Oregon Termination Act of 1954, and this Act is 
        the only basis for termination of the Federal relationship with 
        the Tribe.
            (6) The Chinook Nation has remained active on the Lower 
        Columbia River and Willapa Bay in the vicinity of the 
        reservation area of the Tansy Point Treaty and is well-known to 
        neighboring tribes and other communities.
            (7) The Chinook people have survived and maintained their 
        language, Chinookwawa, and culture despite decades of neglect 
        by the United States.
            (8) With different Administrations disagreeing about the 
        legal status of the Chinook Nation, it is time for Congress to 
        restore the Chinook Nation to Federal tribal status.

SEC. 2. DEFINITIONS.

    For the purposes of this Act, the following definitions apply:
            (1) Member.--The term ``member'' means an enrolled member 
        of the Chinook Nation as of the date of enactment of this Act, 
        or an individual who has been placed on the membership role in 
        accordance with this Act.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) Tribe.--The term ``Tribe'' means the Chinook Indian 
        Nation, composed of the Lower Chinook, Wahkiakum, Cathlamet, 
        Clatsop, and Willapa Tribes.
            (4) State.--The term ``State'' means the State of 
        Washington.
            (5) State territorial waters.--The term ``State territorial 
        waters'' means all waters within the territorial limits of the 
        State of Washington.

SEC. 3. FEDERAL RECOGNITION.

    Federal recognition is hereby extended to the Chinook Indian 
Nation. Except as otherwise provided in this Act, all laws and 
regulations of the United States of general application to Indians, and 
nations, tribes, or bands of Indians, including the Act of June 18, 
1934 (25 U.S.C. 461 et seq.), that are not inconsistent with any 
specific provision of this Act shall be applicable to the Tribe and its 
members.

SEC. 4. FEDERAL SERVICES AND BENEFITS.

    (a) In General.--The Tribe and its members shall be eligible, on 
and after the date of the enactment of this Act, for all services and 
benefits provided by the Federal Government to federally recognized 
tribes without regard to the existence of a reservation for the Tribe 
or the location of the residence of any member on or near any Indian 
reservation.
    (b) Service Area.--For purposes of the delivery of Federal services 
to enrolled members of the Tribe, the Tribe's service area shall 
consist of Pacific, Wahkiakum, Cowlitz, and Clark Counties, Washington, 
and Clatsop and Columbia Counties, Oregon.
    (c) Civil Jurisdiction.--Upon approval of the constitution and 
bylaws pursuant to section 6 of this Act, the Nation shall exercise 
jurisdiction over all its members who reside within the service area 
located in the State in matters pursuant to the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1901 et seq.) as if the members were residing 
upon a reservation as defined in that Act.

SEC. 5. MEMBERSHIP.

    Not later than 9 months after the date of the enactment of this 
Act, the Tribe shall submit to the Secretary a membership roll 
consisting of all individuals enrolled in the Tribe.

SEC. 6. CONSTITUTION AND GOVERNING BODY.

    (a) Constitution.--
            (1) Adoption.--Not later than 1 year after the date of the 
        enactment of this Act, the Tribe shall conduct, by secret 
        ballot, an election to adopt a constitution and bylaws for the 
        Tribe.
            (2) Interim governing documents.--Until such time as a new 
        constitution is adopted under this section, the governing 
        documents in effect on the date of the enactment of the Act 
        shall be the interim governing documents for the Tribe most 
        recently submitted to the Department of the Interior.
    (b) Officials.--Not later than 6 months after the Tribe adopts a 
constitution and bylaws pursuant to this section, the Tribe shall elect 
a governing body in accordance with the procedures set forth in its 
constitution and bylaws. Until such time as a new governing body is 
elected, the governing body of the Tribe shall be the governing body 
selected under the election procedures specified in the interim 
governing documents of the Tribe.

SEC. 7. LAND IN TRUST.

    (a) Requirement To Take Land in Trust.--If the Tribe transfers all 
right, title, and interest in and to any land to the Secretary, the 
Secretary shall take such land in trust for the benefit of the Tribe, 
subject to subsection (c). This subsection does not limit the authority 
of the Secretary to take land in trust under the Indian Reorganization 
Act.
    (b) Plan for Establishment of Reservation.--
            (1) In general.--The Secretary shall--
                    (A) negotiate with the tribal governing body with 
                respect to establishing a reservation for the Tribe; 
                and
                    (B) not later than two years after the date of 
                enactment of this Act, develop a plan for establishment 
                of a reservation.
            (2) Consultation with state and local officials required.--
        To assure that legitimate State and local interests are not 
        prejudiced by the proposed establishment of the reservation, 
        the Secretary shall notify and consult with all appropriate 
        officials of the State and all owners of land adjacent to lands 
        considered for the proposed reservation in developing any plan 
        under this subsection. The Secretary shall provide complete 
        information on the proposed plan to such officials, including 
        the restrictions imposed by subsection (c). During any 
        consultation by the Secretary under this subsection, the 
        Secretary shall provide such information as the Secretary 
        possesses and request comments and additional information on 
        the following subjects:
                    (A) The size and location of the proposed 
                reservation.
                    (B) The anticipated effect of the establishment of 
                the proposed reservation on State and local 
                expenditures and tax revenues.
                    (C) The extent of any State or local service to the 
                Tribe, the reservation, or members after the 
                establishment of the proposed reservation.
                    (D) The extent of Federal services to be provided 
                in the future to the Tribe, the reservation, or 
                members.
                    (E) The extent of service to be provided in the 
                future by the Tribe to members resident on or off the 
                reservation.
            (3) Restrictions on plan.--A plan developed pursuant to 
        this subsection shall be in accordance with subsection (c).
            (4) Submission of plan.--
                    (A) Submission to congress.--Upon the approval by 
                the tribal governing body of the plan developed 
                pursuant to this subsection (and after consultation 
                with interested parties pursuant to paragraph (2)), the 
                Secretary shall submit the plan to the Clerk of the 
                House of Representatives and the Secretary of the 
                Senate for distribution to the committees of the 
                respective Houses of Congress with jurisdiction over 
                the subject matter.
                    (B) Appendix to plan.--The Secretary shall append 
                to the plan submitted to Congress under this subsection 
                a detailed statement--
                            (i) describing the manner in which the 
                        Secretary notified all interested parties in 
                        accordance with this subsection;
                            (ii) naming each individual and official 
                        consulted in accordance with this subsection;
                            (iii) summarizing the testimony received by 
                        the Secretary pursuant to any such 
                        consultation; and
                            (iv) including any written comments or 
                        reports submitted to the Secretary by any party 
                        named pursuant to clause (ii).
    (c) Restrictions on Land Taken in Trust.--
            (1) Any real property transferred by the Tribe or any 
        member to the Secretary shall be taken and held in the name of 
        the United States for the benefit of the Tribe.
            (2) The Secretary shall not accept any real property in 
        trust for the benefit of the Tribe that is not located within 
        the political boundaries of Pacific, Wahkiakum, or Cowlitz 
        County, Washington.
            (3) Any privately owned lands acquired by the Tribe or its 
        members to be taken in trust by the Secretary for the benefit 
        of the Tribe shall be acquired on a willing-seller, willing-
        buyer basis.
            (4) No eminent domain authority may be exercised for the 
        purposes of acquiring lands for the benefit of the Tribe.

SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT RESTORED.

    (a) In General.--No nonceremonial fishing, hunting, or trapping 
rights of any nature of the Tribe or of any member of the Tribe, 
including any indirect or procedural right or advantage over 
individuals who are not members, are granted or restored under this 
Act. Ceremonial hunting and fishing rights (not to include whaling) 
shall be allowed in the area in which the Tribe has historically hunted 
or fished, in Pacific and Wahkiakum Counties, Washington.
    (b) Ceremonial Hunting and Fishing.--
            (1) Defined.--Ceremonial hunting and fishing includes 
        traditional occasions on which the tribe has traditionally 
        fished, including--
                    (A) the First Salmon ceremony, which takes place 
                annually on the third Friday of June;
                    (B) the Winter Gathering, which takes place 
                annually on the third Saturday of January; and
                    (C) the funerals of certain tribal members, to be 
                determined in the Tribe's constitution.
            (2) Time period.--Ceremonial hunting and fishing may take 
        place for up to 3 calendar days during the week preceding the 
        ceremonies referred to in paragraph (1).
    (c) Permits.--The director of the Washington Department of Fish and 
Wildlife--
            (1) may issue permits to members of the Chinook Nation to 
        take fish for ceremonial purposes;
            (2) shall establish the areas in which the permits are 
        valid; and
            (3) shall regulate the times for and manner of taking the 
        fish, and the allocations from which they will be taken.
    (d) Rules and Regulations.--To assure that ceremonial fishing is 
consistent with the Tribe's historic customs and traditions, any member 
of the Tribe who wishes to take part in ceremonial fishing, must do so 
pursuant to--
            (1) any rules or regulations put forth by the Washington 
        Department of Fish and Wildlife with respect to Indian 
        ceremonial fishing; and
            (2) any rules or regulations put forth by the Washington 
        Department of Fish and Wildlife, or by the Washington 
        Administrative Code, with regard to the commercial and 
        recreational allocations.
    (e) Allocation.--Fish taken for ceremonial purposes will be drawn 
from the commercial and recreational allocations as designated by the 
Washington Department of Fish and Wildlife.
    (f) No Commercial Rights.--Nothing in this section shall be 
construed to create a right to fish commercially.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, 
$2,000,000 for fiscal year 2010, $3,000,000 for fiscal year 2011, and 
$4,000,000 for fiscal year 2012.
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