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)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)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 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)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)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
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)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.
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.).
1.This Act may be cited as the Hoh
Indian Tribe Safe Homelands Act
.
2.In this Act:
(1)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)The
term Map means the map entitled Hoh Indian Tribe Safe
Homelands Act Land Acquisition Map
and dated May 14, 2009.
(3)The term non-Federal land means the
approximately 434 acres of land—
(A)owned by the Tribe;
and
(B)depicted on the
Map.
(4)The
term Secretary means the Secretary of the Interior.
(5)The
term Tribe means the Hoh Indian Tribe.
3.Land taken into trust
for benefit of Tribe
(a)
(1)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)
(A)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)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)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)
(1)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)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)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)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.
4.Use of Federal land by
Tribe; cooperative efforts
(a)Use of Federal land by
Tribe
(1)The use of the Federal land by the Tribe shall be subject to
the following conditions:
(A)No commercial, residential, industrial, or other
building or structure shall be constructed on the Federal land.
(B)Natural condition and
environmentThe 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)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)
(i)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)The
county road described in clause (i) may not be widened or otherwise
expanded.
(iii)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)Except as provided in clause (iii) and subsection (b)(2),
no other road or access route shall be permitted on the Federal land.
(2)
(A)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 TribeNothing in this Act affects any treaty right of
the Tribe in existence on the date of enactment of this Act.
(b)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.
5.Treatment of trust land
as part of reservationAll
land taken into trust for the benefit of the Tribe pursuant to this Act shall
be a part of the reservation of the Tribe.
6.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)).
March 10, 2010
Reported with an amendment