[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[House]
[Pages H8300-H8302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
HOH INDIAN TRIBE SAFE HOMELANDS ACT
Mr. RAHALL. Mr. Speaker, I move to suspend the rules and concur in
the Senate amendments to the bill (H.R. 1061) 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.
The Clerk read the title of the bill.
The text of the Senate amendments is as follows:
Senate amendments:
On page 4, lines 13 through 15, strike ``upon compliance
with the National Environmental Policy Act of 1969'' and
insert ``in accordance with the regulations of the Department
of the Interior for implementing the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are
applicable to trust land acquisitions for Indian tribes that
are mandated by Federal legislation,''
On page 8, strike lines 17 through 22 and insert the
following:
SEC. 5. GAMING PROHIBITION.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
West Virginia (Mr. Rahall) and the gentleman from Utah (Mr. Chaffetz)
each will control 20 minutes.
The Chair recognizes the gentleman from West Virginia.
General Leave
Mr. RAHALL. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from West Virginia?
There was no objection.
Mr. RAHALL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 1061, as amended, would transfer certain Federal
and non-Federal land in the State of Washington to the Hoh Tribe to be
held in trust by the United States for the benefit of the tribe.
The Hoh Indian Tribe is located on the coast of Washington. Its
coastline is situated such that it is subject to frequent flooding,
preventing the sustainable use of this land by the tribe.
Due to this situation, the tribe has acquired approximately 420 acres
of land from private sources to relocate its government offices and
tribal members. The bill would place this newly acquired 420 acres of
land into trust for the tribe and as well transfer approximately 37
acres of Federal land into trust for the tribe in order to connect the
tribe's newly acquired lands to its current lands.
On June 28, 2010, the House passed this legislation under suspension
of the rules by a vote of 347-0. The Senate made technical amendments
to the bill to clarify that the land would be placed into trust in
accordance with the Department of the Interior's regulations
[[Page H8301]]
for mandatory trust land acquisitions. The Senate then passed the
legislation before us today by unanimous consent on September 29, 2010.
In closing, I would commend our colleague and my fellow classmate,
Representative Norm Dicks of Washington, for his hard work and
dedication to this legislation, and I ask my colleagues to support its
passage.
I reserve the balance of my time.
Mr. CHAFFETZ. I yield myself such time as I may consume.
Mr. Speaker, the case for adding a small amount of land to the Hoh
Reservation is compelling. Because the tribe's reservation receives
about 140 inches of rain per year and is located within a tsunami zone,
the tribe must expand its eastern border inland from the coast so they
can construct safe housing and other facilities outside of the tsunami
zone.
To accomplish this, H.R. 1061 places in trust several tracts of land
for the tribe, most of which are currently owned by the tribe. These
additions to the reservation are separated from the existing
reservation by a 37-acre parcel of Federal land that is part of the
Olympic National Park.
H.R. 1061 transfers ownership of this 37-acre parcel of Olympic
National Park land to the tribe without consideration. This transfer
creates a contiguous, intact reservation with full access across the
reservation assured in the form of a road to Highway 101.
This bill also sets an important and needed precedent by transferring
these 37 acres without extorting either a land exchange or payment to
the Federal Government.
There are many instances when fairness and necessity justify the
transfer of Federal lands to States, localities, tribes, or other
American citizens. There are also instances when roads that are vital
to park neighbors and park visitors should be repaired and rebuilt even
though they may be located in otherwise protected areas.
It is worth noting that the National Park Service supports
transferring the land from Olympic National Park to the tribe without
the need for a land exchange or compensation. I also note the absolute
silence and, hence, implied support from advocacy groups to give away
this 37 acres of national park lands.
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, as I mentioned in my opening remarks, I
commend the gentleman from Washington (Mr. Dicks), the incoming ranking
minority member of the House Appropriations Committee and my fellow
classmate, a gentleman who has worked very hard on this legislation,
and I now yield him such time as he may consume.
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. Mr. Chairman, I appreciate very much your yielding to me,
and I really appreciate the leadership that you have provided and the
committee has provided.
I rise to urge final passage of H.R. 1061, the Hoh Indian Tribe Safe
Homelands Act, which I sponsored. The Hoh Tribe lives right on the
Pacific Coast in the Sixth District, which I represent. Their
reservation is in a spectacularly beautiful area, but the location
leaves the Hohs in constant danger of tsunamis. This legislation would
allow the Hoh Tribe to move many structures out of the tsunami impact
zone.
This legislation passed the House in June. In September the bill was
amended then passed in the Senate. This amended version, which is
supported by all parties, is what the House is considering today. I
urge that we again pass this legislation and allow for the Hoh Tribe to
build a safer future uphill from the tsunami danger.
H.R. 1061 accomplishes this goal by transferring a small parcel of
land in Olympic National Park to the tribe. In addition, the
legislation will place into trust this transferred Park Service land,
along with other lands recently acquired by the tribe.
I really cannot overemphasize the necessity of this legislation for
the safety of the Hoh Tribe. The reservation is located where the Hoh
River dramatically empties into the Pacific Ocean. As I said earlier,
real danger comes with its spectacular beauty. The Pacific Ocean has
many extremely active seismic zones, including in Washington State.
Earthquakes in the eastern Pacific always cause concern along the
Washington coast, as folks are forced to monitor the tsunami situation.
The Hoh Tribe is also menaced by severe flooding nearly every year.
We have very long winters in the Pacific Northwest, and throughout that
season, the Hoh Tribe can experience flooding. These floods have
destroyed buildings. A few years ago my office had to call the
Washington State National Guard in order to help the tribe place
sandbags during a flood emergency. This situation is intensifying as
the Pacific and Hoh River erode the very limited land on the 1 square
mile reservation.
With all of the reservation within a tsunami zone and nearly all of
it in a floodplain, the Hoh Tribe has trouble qualifying for
assistance. The BIA, FEMA, and HUD are precluded from providing
assistance to the tribe due to the reservation's location and its
vulnerability to natural disasters.
Although the threat always has existed, the desire to move the tribe
to safety intensified after the 2004 Indian Ocean earthquake and
resulting tsunami which killed more than 200,000 people. The Hoh Tribe
developed its own strategy, which I wholeheartedly champion. With its
own resources, the tribe bought several nearby parcels of land suitable
for development away from the area of most danger. The Washington State
Department of Natural Resources also has given the tribe a parcel of
logged land in the same area.
H.R. 1061 will transfer to the tribe a 37-acre parcel of land
currently part of the Olympic National Park.
This small parcel would make all of these lands mentioned above
contiguous to the existing Reservation. Also, the main road linking the
Tribe to U.S. Highway 101 runs through this Park Service parcel.
Through years of negotiation, the Tribe, Olympic National Park, and
others within the Park Service have come together in support of this
legislation, which does include certain restrictions on development,
including a ban on gaming.
The Park Service also benefits from this legislation. The land is not
of great value from an ecological point of view because it has been
logged repeatedly. The Park Service has difficulties managing the 37-
acre parcel because it is surrounded by non-Federal land. It also
allows Olympic National Park to be a ``good neighbor'' and meet its
responsibility to respect their non-Federal neighbors and be a positive
presence in the area.
The neighbors of the Hoh Tribe also support this legislation,
including the surrounding local landowners, the Hoh River Trust, and
numerous environmental organizations. Elected officials who support
this legislation include Governor Gregoire, the local State Senator and
Representatives and the Jefferson County Commissioners.
It is time for the House to pass H.R. 1061 and send the bill to the
President to be signed into law.
I want to thank Chairman Rahall and Ranking Member Hastings for their
help with this legislation. I also want to thank Janet Ericson, Staff
Director of the Office of Indian Affairs, and Todd Young and Chris
Fluhr who work for my home State colleague, Doc Hastings.
I also want to commend the Hoh Tribe and Tribal Council, Chairwoman
Maria Lopez, and Alexis Berry, the executive director for the hard
work. This legislation is a tremendous down payment on a safer future
for the Hoh Tribe.
I urge passage of the Hoh Indian Tribe Safe Homelands Act.
{time} 1430
Mr. CHAFFETZ. Mr. Speaker, this is a reasonable and needed piece of
legislation. I commend the bill's sponsors and all those that have
worked on it.
I reserve the balance of my time.
Mr. RAHALL. Mr. Speaker, I am very honored now to yield 5 minutes to
a very valued member of our Committee on Natural Resources and a
colleague of ours who is no stranger to the effects of tsunamis among
his people, the gentleman from American Samoa (Mr. Faleomavaega).
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. I want to thank the gentleman from West Virginia,
our distinguished chairman of our Committee on Natural Resources, and I
do also thank my good friend, the gentleman from Utah, and their
management of this proposed legislation.
Mr. Speaker, having personally experienced what it means to go
through an earthquake and a tsunami, I rise in
[[Page H8302]]
strong support of this proposed legislation for the Hoh Indian Tribe
Safe Homelands Act, a bill that transfers certain Federal lands in the
State of Washington to be held in Federal trust for the Hoh Indian
Tribe.
I want to thank, especially, the gentleman from Washington, Mr. Norm
Dicks, for sponsoring this important bill, and I would also like to
thank the chairman of our committee and the members of our committee
for their support.
While this bill serves primarily to transfer the acreage to the Hoh
Indian Reservation, it also carries out a greater purpose and message:
to support the welfare of the tribal members while reinforcing our
longstanding responsibility to the first Americans.
Established by an Executive order in 1893, with only a square mile of
land, the Hoh Indian Reservation is home to a tribe of nearly 300
members whose livelihood depends primarily on fishing. Located 28 miles
south of Forks and 80 miles north of Aberdeen, the reservation
presently consists of 443 acres of land surrounding the Hoh River,
after which the tribe is named.
Recently, however, the reservation has been overwhelmed by river
flooding caused by torrential rain and storm surges from the Pacific
Ocean. Living, also, in one of the rainiest places in the contiguous
United States, many of the tribal members' homes are encircled by
sandbags to hold back the water, and most of the usable land is within
the 100-year floodplain of the river, exacerbating what is already a
tough economic development situation. Now, more than ever, floods are
more frequent and more aggressive, also due to hardened riverbanks for
erosion control and the influence of timber companies in the uplands.
Mr. Speaker, I want to urge my colleagues to support this proposed
bill.
Ms. RICHARDSON. Mr. Speaker, I rise today in support of the Senate
amendment to the Hoh Indian Tribe Safe Homelands Act and also the
underlying bill.
I thank my colleague, Congressman Norman Dicks for introducing H.R.
1061 and I support this legislation with the Senate amendment.
Mr. Speaker, this legislation truly embraces a collaborative effort
between the Hoh Indian Tribe and the Government. The Hoh Indian Tribe
currently lives in a flood-prone area. In fact, over 90 percent of
their current reservation lies in a flood zone. Year after year more of
their homes and tribal buildings are washed away by flood waters. This
legislation allows land to be taken into trust so the Hoh Indian Tribe
can relocate to higher, safer lands.
This legislation permits the tribe to conduct a land survey of
federal land for relocation and submit it to the Director of the
National Park Service for approval. Certain activities such as logging,
hunting, and gaming will be prohibited on federal lands. It also
directs the Secretary of the Interior and the tribe to make
collaborative agreements for mutual emergency fire aid and for the
development of a nonmotorized trail from Highway 101 to the Pacific
Ocean. This trail will maintain the strong fishing culture of the Hoh
Indian Tribe.
Mr. Speaker, as a Member of the Native American Caucus I urge my
colleagues to join me in supporting the Senate amendment to the Hoh
Indian Tribe Safe Homelands Act.
Mr. CHAFFETZ. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. RAHALL. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from West Virginia (Mr. Rahall) that the House suspend the
rules and concur in the Senate amendments to the bill, H.R. 1061.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendments were concurred in.
A motion to reconsider was laid on the table.
____________________