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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.CommentsClose CommentsPermalink

February 13, 2009CommentsClose CommentsPermalink

Mrs. MURRAY (for herself and Ms. CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Hoh Indian Tribe Safe Homelands Act’. CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

(a) Findings- Congress finds the following:

(1) The Hoh Indian Reservation, located along the Hoh River and the Pacific Ocean in a remote section of Jefferson County, Washington, is the homeland of the Hoh Indian Tribe, a federally recognized Indian tribe.

(2) Established by Executive Order in 1893, the Reservation is approximately one square mile, but its habitable acreage has been reduced over time due to storm surges, repeated flooding and erosion, and lack of river dredging.

(3) Due to its location along the river and ocean and frequent torrential rains, 90 percent of the Reservation is located within a flood zone and, in fact, has flooded repeatedly over the last five years. In addition, 100 percent of the Reservation is within a tsunami zone, leaving most of the Reservation unfit for safe occupation.

(4) The Tribe has repeatedly suffered from serious flood and wind damage to homes, tribal buildings, and utility infrastructure that have caused significant damage and resulted in critical safety and environmental hazards.

(5) 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.

(6) The Tribe has purchased from private owners near the Reservation approximately 260 acres of land in order to move key infrastructure out of the flood zone.

(7) In addition, the State of Washington’s Department of Natural Resources has transferred ownership of 160 acres of land to the Tribe.

(8) AnDEFINITIONS.

In this Act: CommentsClose CommentsPermalink





(1) FEDERAL LAND- The term ‘Federal land’ means the approximately 37 -acre parcel of logged land,and-- CommentsClose CommentsPermalink





(A) administered by the National Park Service, lies between the current Reservation land and those lands acquired by the Tribe, and the only road accessing the Reservation crosses this parcel.

(9) Together, the lands described in paragraphs 6, 7, and 8 would constitute a contiguous parcel for the Reservation and would create a safe area for members of the Tribe to live and rebuild their community.

SEC. 3. DEFINITIONS.

For the purposes of this Act--

(1) t; CommentsClose CommentsPermalink




(B) located in sec. 20, T. 26N, R. 13W, W.M., south of the Hoh River; and CommentsClose CommentsPermalink





(C) depicted on the Map. CommentsClose CommentsPermalink





(2) MAP- The term ‘Federal land’ mean the Federal lands described in section 4(c)(2);(2) tMap’ means the map entitled ‘Hoh Indian Tribe Safe Homelands Act Land Acquisition Map’ and dated May 14, 2009. CommentsClose CommentsPermalink





(3) NON-FEDERAL LAND- The term ‘Reservationnon-Federal land’ means the reservation of the Hoh Indian Tribe;(3) tapproximately 434 acres of land-- CommentsClose CommentsPermalink





(A) owned by the Tribe; and CommentsClose CommentsPermalink





(B) depicted on the Map. CommentsClose CommentsPermalink





(4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior; and(4) t. CommentsClose CommentsPermalink





(5) TRIBE- The term ‘Tribe’ means the Hoh Indian Tribe, a federally recognized Indian tribe. CommentsClose CommentsPermalink

SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE TRIBE’S RESERVATION; PLACEMENT OF OTHER3. LAND TAKEN INTO TRUST.(a) In General- The Secretary shall transfer to the Tribe FOR BENEFIT OF TRIBE.

(a) Federal Land- CommentsClose CommentsPermalink





(1) IN GENERAL- Effective beginning on the date of enactment of this Act-- CommentsClose CommentsPermalink





(A) all right, title, and interest of the United States in and to the Federal land. Such land shall are considered to be held in trust by the United States for the benefit of the Tribe. Such, without any action required to be taken by the Secretary; and CommentsClose CommentsPermalink





(B) the Federal land shall be excluded from the boundaries of Olympic National Park. CommentsClose CommentsPermalink





At the request of the Tribe, at the time of transfer of the Federal land, the Secretary shall also place into trust for the benefit of the Tribe the non-Federal land owned by the Tribe and described in subsection (c)(1).

(b) Reservation- Land taken into trust for the Tribe pursuant to subsection (a) shall be part of the Reservation

(c) Description of Lands- The land to be transferred and held in trust (2) SURVEY BY TRIBE- CommentsClose CommentsPermalink




(A) IN GENERAL- The Tribe shall-- CommentsClose CommentsPermalink





(i) conduct a survey of the boundaries of the Federal land; and CommentsClose CommentsPermalink





(ii) submit the survey to the Director of the National Park Service for review and concurrence. CommentsClose CommentsPermalink





(B) ACTION BY DIRECTOR- Not later than 90 days after the date on which the survey is submitted under subsection (a) is the land generally depicted on the map titled ‘H.R. XXX Hoh Indian Tribe Safe Homelands Act’, and dated XXXXXXXXX and further described as--

(1) the non-Federal land owned by the Hoh Tribe; and

(2) the Federal land administered byparagraph (A)(ii), the Director of the National Park Service, located in Section 20, Township 26N, Range 13W, W.M. South of the Hoh River.(d) Availability of Map shall-- CommentsClose CommentsPermalink




(i) complete the review of the survey; and CommentsClose CommentsPermalink





(ii) provide to the Tribe a notice of concurrence with the survey. CommentsClose CommentsPermalink





(C) AVAILABILITY OF SURVEY- Not later than 120 days after the completion of the land transfer of Federal land under this section, the Secretary shall make the map availabledate on which the notice of concurrence is provided to the Tribe under subparagraph (B)(ii), the Secretary shall-- CommentsClose CommentsPermalink





(i) submit a copy of the survey to the appropriate agency officials and congressional committees. The map shall becommittees of Congress; and CommentsClose CommentsPermalink





(ii) make the survey available for public inspection inat the appropriate offices of the Secretary. CommentsClose CommentsPermalink





(eb) Non-Federal Land- CommentsClose CommentsPermalink





(1) IN GENERAL- On fulfillment of each condition described in paragraph (2), the Secretary shall take the non-Federal land into trust for the benefit of the Tribe. CommentsClose CommentsPermalink





(2) CONDITIONS- The conditions referred to in paragraph (1) are that-- CommentsClose CommentsPermalink





(A) the Secretary shall conduct an assessment of the nature and extent of the liabilities and potential liabilities resulting from hazardous substances or other environmental risks associated with the non-Federal land; and CommentsClose CommentsPermalink





(B) the Tribe shall-- CommentsClose CommentsPermalink





(i) convey to the Secretary all right, title, and interest in and to the non-Federal land; CommentsClose CommentsPermalink





(ii) submit to the Secretary a request to take the non-Federal land into trust for the Tribe; and CommentsClose CommentsPermalink





(iii) carry out such activities as are necessary to remediate any liability or potential liability assessed under subparagraph (A). CommentsClose CommentsPermalink





(c) Congressional Intent- It is the intent of Congress that-- CommentsClose CommentsPermalink





(1) the condition of the Federal land at the time of the transfer under this sections in existence on the date of enactment of this Act should be preserved and protected; CommentsClose CommentsPermalink





(2) that the natural environment existing on the Federal land at the time of the transfer under this sectionon the date of enactment of this Act should not be altered, except as described inotherwise provided by this Act; and CommentsClose CommentsPermalink





(3) the Tribe and the National Park Service shallould work cooperatively onregarding issues of mutual concern related to this Acting to this Act. CommentsClose CommentsPermalink





(d) Availability of Map- As soon as practicable after the date of enactment of this Act, the Secretary shall make the Map available for public inspection at the appropriate office of the Secretary. CommentsClose CommentsPermalink

SEC. 5. PRESERVATION OF EXISTING CONDITION4. USE OF FEDERAL LAND; TERMS OF CONSERVATION AND USE IN CONNECTION WITH LAND TRANSFERBY TRIBE; COOPERATIVE EFFORTS.

(a) Restrictions on UseUse of Federal Land by Tribe- CommentsClose CommentsPermalink





(1) RESTRICTIONS ON USE- The use of the Federal land transferred pursuant to section 4 isby the Tribe shall be subject to the following conditions: CommentsClose CommentsPermalink





(1)A) BUILDINGS AND STRUCTURES- No commercial, residential, industrial, or other buildings or structures shall be placed on the Federal land being transferred and placed into trust. The existing road may be maintained or improved, but no major improvements or road construction shall occur on the lands.(2) In order tstructure shall be constructed on the Federal land. CommentsClose CommentsPermalink





(B) NATURAL CONDITION AND ENVIRONMENT- The Tribe-- CommentsClose CommentsPermalink





(i) shall preserve and protect the condition of the Federal land as in existence on the date of enactment of this Act; and CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(C) LOGGING AND HUNTING- To maintain its useuse of the Federal land as a natural wildlife corridor and to provide for protection of existing resources of the Federal land, no logging or hunting shall be allowed on the land.(3)Federal land. CommentsClose CommentsPermalink





(D) ROADS- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(ii) EXPANSION- The county road described in clause (i) may not be widened or otherwise expanded. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(2) USES APPROVED BY TREATY- CommentsClose CommentsPermalink





(A) IN GENERAL- The Tribe may authorize tribal members to engage in ceremonial andany member of the Tribe to use the Federal land for-- CommentsClose CommentsPermalink





(i) ceremonial purposes; or CommentsClose CommentsPermalink





(ii) any other activity approved by a treaty uses of these lands and existing tribalbetween the United States and the Tribe. CommentsClose CommentsPermalink





(B) NO EFFECT ON TREATY RIGHTS OF TRIBE- Nothing in this Act affects any treaty rights are not diminished by this Act.(4) The Tribe shall survey the boundaries of the Federal land and submit the survey to the National Park Service for review and concurrence of the Tribe in existence on the date of enactment of this Act. CommentsClose CommentsPermalink





(b) Cooperative Efforts- Congress urges the Secretary and the Tribe toThe Secretary and the Tribe-- CommentsClose CommentsPermalink





(1) shall enter into written agreements on the following:(1) Upcooperative agreements-- CommentsClose CommentsPermalink





(A) for joint provision of emergency fire aid, on completion of the Tribe’s proposed emergency fire response building, Congress urges the parties to work toward mutual aid agreements.(2) The National Park Service and the Tribe shall work collaboratively of the Tribe; and CommentsClose CommentsPermalink





(B) to provide opportunities for the public to learn more aboutregarding the culture and traditions of the Tribe.(3) The land may be used for the development of a multi-purpose, non-; CommentsClose CommentsPermalink





(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. The parties agree to; and CommentsClose CommentsPermalink





(3) shall work cooperatively in the development and placement of such trailon any other issues of mutual concern relating to land taken into trust for the benefit of the Tribe pursuant to this Act. CommentsClose CommentsPermalink

SEC. 6. HOH INDIAN5. TREATMENT OF TRUST LAND AS PART OF RESERVATION.

All lands taken into trust by the United States under this Act shall be a part of the Hoh Indian Reservation.SEC. 7for the benefit of the Tribe pursuant to this Act shall be a part of the reservation of the Tribe. CommentsClose CommentsPermalink

SEC. 6. GAMING PROHIBITION.

NoThe Tribe may not conduct on any land taken into trust for the benefit of the Hoh Indian Tribe under this Act shall be considered Indian lands for the purpose ofpursuant to this Act any gaming activities-- CommentsClose CommentsPermalink





(1) as a matter of claimed inherent authority; or CommentsClose CommentsPermalink





(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)). CommentsClose CommentsPermalink