Hoh Indian Tribe Safe Homelands Act

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 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. 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.

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.

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.

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

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. 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. 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. Speaker, I yield back the balance of my time.

Madam Speaker, June 8, 2010 was primary Election Day in my state of California, which necessitated my remaining in my congressional district on Tuesday, June 8, 2010, through Wednesday, June 9, 2010. Consequently, I was unable to return in time for rollcall votes 337 through 346.

I ask the Record to reflect that had I been present I would have voted as follows:

1. On rollcall No. 337, I would have voted ``aye'' (June 8) (H.R. 1061, Hoh Indian Tribe Safe Homelands Act).

2. On rollcall No. 338, I would have voted ``aye'' (June 8) (H. Res. 518, Honoring the life of Jacques-Yves Cousteau, explorer, researcher, and pioneer in the field of marine conservation).

3. On rollcall No. 339, I would have voted ``no'' (June 9) (Motion on Ordering the Previous Question on the Rule for H.R. 5072--FHA Reform Act of 2010 (H. Res. 1424).

4. On rollcall No. 340, I would have voted ``no'' (June 9) (On Agreeing to the Resolution Providing for the consideration of the bill H.R. 5072, the FHA Reform Act).

5. On rollcall No. 341, I would have voted ``no'' (June 9) (H. Res. 989--Expressing the sense of the House of Representatives that the United States should adopt national policies and pursue international agreements to prevent ocean acidification, to study the impacts of ocean acidification, and to address the effects of ocean acidification on marine ecosystems and coastal economies).

6. On rollcall No. 342, I would have voted ``aye'' (June 9) (H. Res. 1178--Directing the Clerk of the House of Representatives to compile the cost estimates prepared by the Congressional Budget Office which are included in reports filed by committees of the House on approved legislation and post such estimates on the official public Internet site of the Office of the Clerk).

7. On rollcall No. 343, I would have voted ``aye'' (June 9) (On the Motion to Instruct Conferees on H.R. 4173--Wall Street Reform and Consumer Protection Act of 2009 which instructs the House Conferees to end the culture of bailouts embedded in the bill.

8. On rollcall No. 344, I would have voted ``aye'' (June 9) (H. Res. 1330--Recognizing June 8, 2010, as World Ocean Day).

9. On rollcall No. 345, I would have voted ``aye'' (June 9) (H.R. 5278--To designate the ``President Ronald W. Reagan Post Office Building'' in Dixon, Illinois).

10. On rollcall No. 346, I would have voted ``aye'' (June 9) (H.R. 5133--To designate the ``Staff Sergeant Frank T. Carvill and Lance Corporal Michael A. Schwarz Post Office Building'' in Carlstadt, New Jersey).

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

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.