    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-323
    111th Congress

    An Act

    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. <>

    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

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    (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 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, 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.

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    (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. 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

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    (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)).

    Approved December 22, 2010.

    LEGISLATIVE HISTORY--H.R. 1061 (S. 443):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-306 (Comm. on Natural Resources).
    SENATE REPORTS: No. 111-161 (Comm. on Indian Affairs) accompanying S.
    443.
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    June 8, considered and passed House.
    Sept. 29, considered and passed Senate, amended.
    Dec. 14, House concurred in Senate amendments.