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

                                                       Calendar No. 312
111th CONGRESS
  2d Session
                                 S. 443

                          [Report No. 111-161]

 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

                             March 10, 2010

               Reported by Mr. Dorgan, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Hoh Indian Tribe Safe 
Homelands Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    (a) Findings.--Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (7) In addition, the State of Washington's 
        Department of Natural Resources has transferred ownership of 
        160 acres of land to the Tribe.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    For the purposes of this Act--</DELETED>
        <DELETED>    (1) the term ``Federal land'' mean the Federal 
        lands described in section 4(c)(2);</DELETED>
        <DELETED>    (2) the term ``Reservation'' means the reservation 
        of the Hoh Indian Tribe;</DELETED>
        <DELETED>    (3) the term ``Secretary'' means the Secretary of 
        the Interior; and</DELETED>
        <DELETED>    (4) the term ``Tribe'' means the Hoh Indian Tribe, 
        a federally recognized Indian tribe.</DELETED>

<DELETED>SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE 
              TRIBE'S RESERVATION; PLACEMENT OF OTHER LAND INTO 
              TRUST.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Reservation.--Land taken into trust for the Tribe 
pursuant to subsection (a) shall be part of the Reservation</DELETED>
<DELETED>    (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. </DELETED>___ <DELETED>Hoh Indian Tribe Safe 
Homelands Act'', and dated </DELETED>_________ <DELETED>and further 
described as--</DELETED>
        <DELETED>    (1) the non-Federal land owned by the Hoh Tribe; 
        and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Congressional Intent.--It is the intent of Congress 
that--</DELETED>
        <DELETED>    (1) the condition of the Federal land at the time 
        of the transfer under this section should be preserved and 
        protected;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) the Tribe and the National Park Service shall 
        work cooperatively on issues of mutual concern related to this 
        Act.</DELETED>

<DELETED>SEC. 5. PRESERVATION OF EXISTING CONDITION OF FEDERAL LAND; 
              TERMS OF CONSERVATION AND USE IN CONNECTION WITH LAND 
              TRANSFER.</DELETED>

<DELETED>    (a) Restrictions on Use.--The use of the Federal land 
transferred pursuant to section 4 is subject to the following 
conditions:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) The Tribe shall survey the boundaries of the 
        Federal land and submit the survey to the National Park Service 
        for review and concurrence.</DELETED>
<DELETED>    (b) Cooperative Efforts.--Congress urges the Secretary and 
the Tribe to enter into written agreements on the following:</DELETED>
        <DELETED>    (1) Upon completion of the Tribe's proposed 
        emergency fire response building, Congress urges the parties to 
        work toward mutual aid agreements.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. HOH INDIAN RESERVATION.</DELETED>

<DELETED>    All lands taken into trust by the United States under this 
Act shall be a part of the Hoh Indian Reservation.</DELETED>

<DELETED>SEC. 7. GAMING PROHIBITION.</DELETED>

<DELETED>    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.).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hoh Indian Tribe Safe Homelands 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal land.--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) Map.--The term ``Map'' means the map entitled ``Hoh 
        Indian Tribe Safe Homelands Act Land Acquisition Map'' and 
        dated May 14, 2009.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 434 acres of land--
                    (A) owned by the Tribe; and
                    (B) depicted on the Map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.

SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.

    (a) Federal Land.--
            (1) In general.--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) Survey by tribe.--
                    (A) In general.--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) Action by director.--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) Availability of survey.--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) Non-Federal Land.--
            (1) In general.--On fulfillment of each condition described 
        in paragraph (2), the Secretary shall take the non-Federal land 
        into trust for the benefit of the Tribe.
            (2) Conditions.--The conditions referred to in paragraph 
        (1) are that--
                    (A) the Secretary shall conduct an assessment of 
                the nature and extent of the liabilities and potential 
                liabilities resulting from hazardous substances or 
                other environmental risks associated with the non-
                Federal land; and
                    (B) the Tribe shall--
                            (i) convey to the Secretary all right, 
                        title, and interest in and to the non-Federal 
                        land;
                            (ii) submit to the Secretary a request to 
                        take the non-Federal land into trust for the 
                        Tribe; and
                            (iii) carry out such activities as are 
                        necessary to remediate any liability or 
                        potential liability assessed under subparagraph 
                        (A).
    (c) Congressional Intent.--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 should work 
        cooperatively regarding issues of mutual concern relating to 
        this Act.
    (d) Availability of Map.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall make the Map available for 
public inspection at the appropriate office of the Secretary.

SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.

    (a) Use of Federal Land by Tribe.--
            (1) Restrictions on use.--The use of the Federal land by 
        the Tribe shall be subject to the following conditions:
                    (A) Buildings and structures.--No commercial, 
                residential, industrial, or other building or structure 
                shall be constructed on the Federal land.
                    (B) Natural condition and environment.--The 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) Logging and hunting.--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) Roads.--
                            (i) Routine maintenance.--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) Expansion.--The county road described 
                        in clause (i) may not be widened or otherwise 
                        expanded.
                            (iii) Reconstruction.--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) Other access routes.--Except as 
                        provided in clause (iii) and subsection (b)(2), 
                        no other road or access route shall be 
                        permitted on the Federal land.
            (2) Uses approved by treaty.--
                    (A) In general.--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 tribe.--Nothing 
                in this Act affects any treaty right of the Tribe in 
                existence on the date of enactment of this Act.
    (b) Cooperative Efforts.--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.

SEC. 5. TREATMENT OF TRUST LAND AS PART OF RESERVATION.

    All land taken into trust for the benefit of the Tribe pursuant to 
this Act shall be a part of the reservation of the Tribe.

SEC. 6. GAMING PROHIBITION.

    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)).
                                                       Calendar No. 312

111th CONGRESS

  2d Session

                                 S. 443

                          [Report No. 111-161]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             March 10, 2010

                       Reported with an amendment