II
Calendar No. 312
111th CONGRESS
2d Session
S. 443
[Report No. 111–161]
IN THE SENATE OF THE UNITED STATES
February 13, 2009
Mrs. Murray (for herself and Ms. Cantwell) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs
March 10, 2010
Reported by Mr. Dorgan, with an amendment
Strike out all after the enacting clause and insert the part printed in italic
A BILL
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.
Short title
This Act may be cited as the
Hoh Indian Tribe Safe Homelands
Act
.
Findings
Findings
Congress finds the following:
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.
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.
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.
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.
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.
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.
In addition, the State of Washington’s Department of Natural Resources has transferred ownership of 160 acres of land to the Tribe.
An approximately 37 acre parcel of logged land, 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.
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.
Definitions
For the purposes of this Act—
the term Federal land mean the Federal lands described in section 4(c)(2);
the term Reservation means the reservation of the Hoh Indian Tribe;
the term Secretary means the Secretary of the Interior; and
the term Tribe means the Hoh Indian Tribe, a federally recognized Indian tribe.
Transfer of lands to be held in trust as part of the tribe’s reservation; placement of other land into trust
In general
The Secretary shall transfer to the Tribe all right, title, and interest of the United States in and to the Federal land. Such land shall be held in trust by the United States for the benefit of the Tribe. Such land shall be excluded from the boundaries of Olympic National Park. 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).
Reservation
Land taken into trust for the Tribe pursuant to subsection (a) shall be part of the Reservation
Description of lands
The land to be transferred and held in trust under
subsection (a) is the land generally depicted on the map titled H.R. ___
Hoh Indian Tribe Safe Homelands Act
, and dated _________ and further
described as—
the non-Federal land owned by the Hoh Tribe; and
the Federal land administered by the National Park Service, located in Section 20, Township 26N, Range 13W, W.M. South of the Hoh River.
Availability of map
Not later than 120 days after the completion of the land transfer of Federal land under this section, the Secretary shall make the map available to the appropriate agency officials and congressional committees. The map shall be available for public inspection in the appropriate offices of the Secretary.
Congressional intent
It is the intent of Congress that—
the condition of the Federal land at the time of the transfer under this section should be preserved and protected;
that the natural environment existing on the Federal land at the time of the transfer under this section should not be altered, except as described in this Act; and
the Tribe and the National Park Service shall work cooperatively on issues of mutual concern related to this Act.
Preservation of existing condition of federal land; terms of conservation and use in connection with land transfer
Restrictions on use
The use of the Federal land transferred pursuant to section 4 is subject to the following conditions:
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.
In order to maintain its use as a natural wildlife corridor and to provide for protection of existing resources, no logging or hunting shall be allowed on the land.
The Tribe may authorize tribal members to engage in ceremonial and other treaty uses of these lands and existing tribal treaty rights are not diminished by this Act.
The Tribe shall survey the boundaries of the Federal land and submit the survey to the National Park Service for review and concurrence.
Cooperative efforts
Congress urges the Secretary and the Tribe to enter into written agreements on the following:
Upon completion of the Tribe’s proposed emergency fire response building, Congress urges the parties to work toward mutual aid agreements.
The National Park Service and the Tribe shall work collaboratively to provide opportunities for the public to learn more about the culture and traditions of the Tribe.
The land may be used for the development of a multi-purpose, non-motorized trail from Highway 101 to the Pacific Ocean. The parties agree to work cooperatively in the development and placement of such trail.
Hoh Indian reservation
All lands taken into trust by the United States under this Act shall be a part of the Hoh Indian Reservation.
Gaming prohibition
No land taken into trust for the benefit of the Hoh Indian Tribe under this Act shall be considered Indian lands for the purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Short title
This Act may be cited as the Hoh
Indian Tribe Safe Homelands Act
.
Definitions
In this Act:
Federal land
The term Federal land means the approximately 37-acre parcel of land—
administered by the National Park Service;
located in sec. 20, T. 26N, R. 13W, W.M., south of the Hoh River; and
depicted on the Map.
Map
The
term Map means the map entitled Hoh Indian Tribe Safe
Homelands Act Land Acquisition Map
and dated May 14, 2009.
Non-Federal land
The term non-Federal land means the approximately 434 acres of land—
owned by the Tribe; and
depicted on the Map.
Secretary
The term Secretary means the Secretary of the Interior.
Tribe
The term Tribe means the Hoh Indian Tribe.
Land taken into trust for benefit of Tribe
Federal land
In general
Effective beginning on the date of enactment of this Act—
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
the Federal land shall be excluded from the boundaries of Olympic National Park.
Survey by Tribe
In general
The Tribe shall—
conduct a survey of the boundaries of the Federal land; and
submit the survey to the Director of the National Park Service for review and concurrence.
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—
complete the review of the survey; and
provide to the Tribe a notice of concurrence with the survey.
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—
submit a copy of the survey to the appropriate committees of Congress; and
make the survey available for public inspection at the appropriate office of the Secretary.
Non-Federal land
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.
Conditions
The conditions referred to in paragraph (1) are that—
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
the Tribe shall—
convey to the Secretary all right, title, and interest in and to the non-Federal land;
submit to the Secretary a request to take the non-Federal land into trust for the Tribe; and
carry out such activities as are necessary to remediate any liability or potential liability assessed under subparagraph (A).
Congressional intent
It is the intent of Congress that—
the condition of the Federal land as in existence on the date of enactment of this Act should be preserved and protected;
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
the Tribe and the National Park Service should work cooperatively regarding issues of mutual concern relating to this Act.
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.
Use of Federal land by Tribe; cooperative efforts
Use of Federal land by Tribe
Restrictions on use
The use of the Federal land by the Tribe shall be subject to the following conditions:
Buildings and structures
No commercial, residential, industrial, or other building or structure shall be constructed on the Federal land.
Natural condition and environment
The Tribe—
shall preserve and protect the condition of the Federal land as in existence on the date of enactment of this Act; and
shall not carry out any activity that would adversely affect the natural environment of the Federal land, except as otherwise provided by this Act.
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.
Roads
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.
Expansion
The county road described in clause (i) may not be widened or otherwise expanded.
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.
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.
Uses approved by treaty
In general
The Tribe may authorize any member of the Tribe to use the Federal land for—
ceremonial purposes; or
any other activity approved by a treaty between the United States and the Tribe.
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.
Cooperative efforts
The Secretary and the Tribe—
shall enter into cooperative agreements—
for joint provision of emergency fire aid, on completion of the proposed emergency fire response building of the Tribe; and
to provide opportunities for the public to learn more regarding the culture and traditions of the Tribe;
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
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.
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.
Gaming prohibition
The Tribe may not conduct on any land taken into trust pursuant to this Act any gaming activities—
as a matter of claimed inherent authority; or
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)).
March 10, 2010
Reported with an amendment