[Congressional Record (Bound Edition), Volume 156 (2010), Part 7]
[House]
[Pages 10148-10150]
[From the U.S. Government Publishing Office, www.gpo.gov]




                  HOH INDIAN TRIBE SAFE HOMELANDS ACT

  Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1061

       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. 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), and upon compliance with the National 
     Environmental Policy Act of 1969, 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 the Tribe shall--
       (A) convey to the Secretary all right, title, and interest 
     in and to the non-Federal land; and
       (B) submit to the Secretary a request to take the non-
     Federal land into trust for the Tribe.
       (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 shall work 
     cooperatively regarding issues of mutual concern relating to 
     this Act.
       (d) Availability of Map.--Not later than 120 days after the 
     survey required by subsection (a)(2)(A) has been reviewed and 
     concurred in by the National Park Service, the Secretary 
     shall make the Map available to the appropriate congressional 
     committees. The Map also shall be available for public 
     inspection at the appropriate offices 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

[[Page 10149]]

     Indian Gaming Commission pursuant to that Act)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. 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 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Madam Speaker, H.R. 1061 would transfer certain Federal 
and non-Federal land in the State of Washington to the Hoh Indian 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 and 
is located in a tsunami zone. 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.
  H.R. 1061 would also transfer approximately 37 acres of land from the 
Olympic National Park into trust for the tribe in order to connect the 
tribes's newly acquired lands to its current lands. The National Park 
Service has no objection to this transfer. No gaming may be conducted 
on any lands placed into trust pursuant to this act. In addition, there 
are several restrictions on the land being transferred to the tribe 
from the Olympic National Park.
  I want to commend our colleague, Madam Speaker, Mr. 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.

                              {time}  1430

  Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I commend the Democrat majority for scheduling H.R. 
1061 under suspension of the rules today. Today, the House is setting a 
valuable precedent by removing certain lands managed as part of Olympic 
National Park from Federal ownership to meet a legitimate need. The 
National Park Service has expressed support for conveying these Federal 
lands to the Hoh Indian Tribe without consideration. To date, we have 
not been made aware of any opposition lodged by environmental groups to 
this national park land transfer.
  The Hoh Tribe has demonstrated a compelling need to add lands to its 
existing reservation to provide a safe area in which to construct 
housing and other facilities for its members. The tribe's reservation 
currently lies within one of the rainiest areas of the country on the 
Olympic Peninsula of Washington. Classified as a tsunami zone and prone 
to major flooding, the reservation receives 140 inches of rain per 
year. The transfer of land by H.R. 1061 enables the tribe to expand the 
eastern side of its reservation a little further upland and a safe 
distance from major flooding. The lands so transferred are currently 
part of Olympic National Park, one of the most beautiful and pristine 
parks in the United States of America.
  The precedent we set today should encourage the House to consider 
additional Federal land transfers that have the potential to benefit 
communities for safe, affordable housing, access, and other economic 
development interests.
  Again, Madam Speaker, I am pleased to express my support for H.R. 
1061 and urge the House to pass it in a bipartisan way.
  With that, I reserve the balance of my time.
  Ms. BORDALLO. Madam Speaker, I yield such time as he may consume to 
the gentleman from Washington (Mr. Dicks).
  Mr. DICKS. I appreciate very much the distinguished gentlelady 
yielding to me.
  I rise to urge passage of H.R. 1061, the Hoh Indian Tribe Safe 
Homelands Act, which I sponsored. The Hohs are one of eight tribes in 
the district I represent. This legislation is primarily for the safety 
of the Hoh Tribe to help them relocate out of a tsunami zone and 
floodplain. The legislation accomplishes this goal by transferring a 
small parcel of land in the 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. 
There is a companion bill in the other body which is sponsored by 
Senator Murray and cosponsored by Senator Cantwell.
  The Hoh Tribe lives in an extraordinarily spectacular place on the 
Olympic Peninsula where the Hoh River empties into the Pacific Ocean. 
But with this spectacular beauty comes real danger. Throughout the 
year, the Hoh Tribe must deal with the threat of tsunamis. The Pacific 
Coast is an extremely active seismic zone. Every time there is an 
earthquake in the eastern Pacific area, the Hoh Tribe, along with other 
coastal tribes in Washington State, must be vigilant for a tsunami, 
which could prove devastating.
  In addition to the tsunami threat, the tribe must deal with severe 
flooding on a more or less annual basis during the winter storm season, 
which lasts far longer than the time period officially designated as 
winter. The tribe's dry lands on their already small reservation have 
shrunk over the years because the Hoh River and the Pacific Ocean are 
encroaching upon their lands. They have suffered through high floods 
that have destroyed homes, tribal buildings, and other tribal 
infrastructure. 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.
  Let me reiterate that all of the tribe's current reservation is 
located within a tsunami zone and nearly all of it within a floodplain. 
Sadly, it has become an unsafe place for the tribal members who live on 
the reservation. These threats preclude Federal agencies, including the 
BIA, FEMA, and HUD, from providing assistance due to the location 
within a flood-prone area. This clearly is an unacceptable situation 
for the tribe.
  In response, the Hoh Tribe has come up with its own plan on how to 
solve this problem, and I support it strongly. The tribe has purchased 
several parcels of land a short distance and upland from the current 
reservation that would be acceptable for housing, infrastructure, and 
other tribal projects. More importantly, this newly acquired land is 
away from the floodplain and tsunami zone. The State of Washington's 
Department of Natural Resources also has given the tribe a parcel of 
logged land in this same area.
  To add to the newly acquired property, this legislation would 
transfer to the tribe a 37-acre parcel of land currently part of 
Olympic National Park. This small parcel would make all of these lands 
contiguous to the existing reservation. In addition, the main road for 
the tribe runs through this parcel currently owned by the National Park 
Service. The tribe, Olympic National Park, and others within the park 
service have agreed to transfer the parcel to the tribe, with certain 
restrictions on development, including a prohibition on gaming. This is 
a mutually agreeable arrangement worked out by the tribe and the 
National Park Service.
  The transfer of this land to the Hoh Tribe is also of benefit to the 
Park Service. This land has been logged repeatedly and therefore is not 
considered to be high-value from an ecological point of view. The 
parcel in its current state also is difficult for the park service to 
manage because it is a small 37-acre sliver of land surrounded by non-
Federal land.
  Another reason the land transfer is beneficial to the park service is 
that it further demonstrates how Olympic National Park is a good 
neighbor. Any of my colleagues who represent districts with Federal 
land know how important

[[Page 10150]]

it is for these agencies to respect their non-Federal neighbors and to 
provide them benefit.
  The tribe has done a good job reaching out to its neighbors in the 
area and gaining support for this project. Local landowners, the Hoh 
River Trust, environmental organizations, and others support this 
legislation. Elected officials who support this legislation include 
Governor Gregoire, the local State representatives and senators, and 
the Jefferson County commissioners.
  So, clearly, it is time for the Congress to do its part and pass this 
legislation. We need to clear the way for Federal assistance from FEMA, 
BIA, HUD, and other Federal agencies in an area desperately in need of 
it.
  I want to thank Chairman Rahall and Ranking Member Hastings for 
shepherding this legislation through the process that brought us here 
to the House floor today. I also want to thank Janet Ericson who is the 
new staff director of the Office of Indian Affairs. And I would be 
remiss if I did not recognize the hard work on this bill by Janet's 
predecessor, Marie Howard.
  In closing, I want to commend the Hoh Tribe and tribal council, 
Chairwoman Maria Lopez, and Alexis Berry, the executive director, for 
their vision, their steadfastness of purpose, and their sustained 
effort to fix a serious problem. You have done a remarkable job of 
doing your part to solve the very difficult problem that you face. Now 
it is up to the House to pass this legislation so it can soon be signed 
into law.
  I appreciate the gentlewoman yielding me time today. This is an 
important issue in my district, and I appreciate the bipartisan 
cooperation that we have received on this bill.
  Mr. CONYERS. Madam Speaker, I rise tonight in support of the ``Hoh 
Indian Tribe Safe Homelands Act.'' This act declares that 37 acres of 
land within Olympic National Park is held in trust by the United States 
for the benefit of the Hoh Indian Tribe, a federally recognized tribe.
  The Hoh Tribe has demonstrated a compelling need to add lands to its 
existing Reservation to provide a safe area in which to construct 
housing and other facilities for its members. The present reservation 
area is in a tsunami zone and prone to major flooding. Additionally, 
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.
  I applaud Chairman Rahall for his diligence in transferring this land 
to the Hoh Indian Tribe to enable them to live with a sense of 
stability and without fear of flooding.
  I encourage my colleagues to support the bill.
  Ms. RICHARDSON. Madam Speaker, as a member of the Native American 
Caucus, I rise today in strong support of H.R. 1061, the Hoh Indian 
Tribe Safe Homelands Act, which declares that certain federal land in 
the state of Washington is held in trust by the United States for the 
benefit of the Hoh Indian Tribe.
  I would like to thank Speaker Pelosi for her leadership in bringing 
this important bill to the floor. I would also like to thank my 
colleague Congressman Norm Dicks, the author of this legislation, who 
worked so hard to help this tribe solve the serious land and water 
problems they face.
  Madam Speaker, the Hoh Indian Tribe Safe Homelands Act directs the 
Secretary of the Interior, on conveyance of certain nonfederal land 
owned by the Tribe to the Secretary, to take such land into trust for 
the Tribe. This bill prohibits the placement of commercial, 
residential, or industrial buildings or other structures, any actions 
that would adversely affect the natural environment, or logging and 
hunting activities. H.R. 1061 also directs the Secretary and the Tribe 
to make cooperative agreements for mutual emergency fire aid and to 
provide opportunities for the public to learn more about the Tribe's 
culture and traditions.
  As a long time friend and supporter of the Native American community, 
I am so pleased to champion a bill such as H.R. 1061, which will help 
the Hoh tribe grow and prosper on lands that are safe for their 
children and elders.
  Madam Speaker, I urge my colleagues to join me in supporting H.R. 
1061.
  Mr. CHAFFETZ. Madam Speaker, I again urge passage of this important 
bill and support its passage.
  I have no further requests for time, and I yield back the balance of 
my time.
  Ms. BORDALLO. Madam Speaker, I again urge Members to support this 
bill.
  I have no further requests for time, and I yield back the balance of 
my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1061, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. BORDALLO. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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