United States Statutes at Large, Volume 124, 111th Congress, 2nd Session

[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):
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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.