[Congressional Record Volume 155, Number 30 (Friday, February 13, 2009)]
[Senate]
[Pages S2330-S2331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. MURRAY (for herself and Ms. Cantwell):
  S. 443. 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; to the Committee on 
Indian Affairs.
  Mrs. MURRAY. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 443

       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

[[Page S2331]]

     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 _________