[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 443 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 443

 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 SENATE OF THE UNITED STATES

                           February 13, 2009

  Mrs. Murray (for herself and Ms. Cantwell) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 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.).
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