[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.

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