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[House Report 111-306]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-306

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                  HOH INDIAN TRIBE SAFE HOMELANDS ACT

                                _______
                                

October 21, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1061]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred 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, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Hoh Indian Tribe Safe Homelands Act''.

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) 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.
          (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) the term ``Federal land'' mean the Federal lands 
        described in section 4(c)(2);
          (2) the term ``Reservation'' means the reservation of the Hoh 
        Indian Tribe;
          (3) the term ``Secretary'' means the Secretary of the 
        Interior; and
          (4) the term ``Tribe'' means the Hoh Indian Tribe, a 
        federally recognized Indian tribe.

SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS PART OF THE TRIBE'S 
                    RESERVATION; PLACEMENT OF OTHER LAND INTO TRUST.

  (a) In General.--All right, title, and interest of the United States 
in and to the land described in subsection (c)(2), are declared to be 
held in trust by the United States for the benefit of the Tribe without 
any further action by the Secretary. Such land shall be excluded from 
the boundaries of the Olympic National Park. Upon conveyance to the 
Secretary by the Tribe, and subject to the completion of an assessment 
of the nature and extent of any potential liability resulting from 
hazardous substances or other environmental problems associated with 
such property and the remediation of any such potential liabilities, 
the Secretary shall take into trust for the benefit of the Tribe 
certain non-Federal land owned by the Tribe described in subsection 
(c)(1), without any further action by the Secretary.
  (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 under subsection (a) is the land generally depicted on the map 
titled ``Hoh Indian Tribe Safe Homelands Act Land Acquisition Map'', 
dated July, 21, 2008, and further described as--
          (1) the non-Federal land owned by the Hoh Tribe described in 
        section 2(a)(6) and (7); and
          (2) the Federal land administered by the National Park 
        Service, located in Section 20, Township 26N, Range 13W, W.M. 
        South of the Hoh River.
  (d) Availability of Map.--Not later than 120 days after the survey 
required by section 5(a)(6) 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 in the appropriate offices of the 
Secretary.
  (e) Congressional Intent.--It is the intent of Congress that--
          (1) the condition of the Federal land at the time of the 
        transfer under this section should be preserved and protected;
          (2) 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
          (3) the Tribe and the National Park Service shall work 
        cooperatively on issues of mutual concern related to this Act.

SEC. 5. PRESERVATION OF EXISTING CONDITION OF FEDERAL LAND; TERMS OF 
                    CONSERVATION AND USE IN CONNECTION WITH LAND 
                    TRANSFER.

  (a) Restrictions on Use.--The use of the Federal land transferred 
pursuant to section 4 shall be subject to the following conditions:
          (1) No commercial, residential, industrial, or other 
        buildings or structures shall be placed on the Federal land 
        being transferred and placed into trust.
          (2) The condition of the Federal land at the time of the 
        transfer under this section shall be preserved and protected 
        and no actions that would adversely affect the natural 
        environment on the Federal land shall be taken, except as 
        described in this Act.
          (3) 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.
          (4) Routine maintenance may be conducted on the two-lane 
        county road that traverses the Federal land as of the date of 
        the enactment of this Act. The road may not be widened or 
        otherwise expanded. No other roads or access routes shall be 
        allowed on the Federal land, except as provided by this 
        paragraph and subsection (b)(2). In the event the use of the 
        road or portions of the road is compromised by floods or other 
        natural or unexpected occurrences, a similar, two-lane road or 
        portion of the road may be reconstructed to assure access to 
        the area.
          (5) The Tribe may authorize tribal members to engage in 
        ceremonial and other treaty uses of the Federal lands and 
        existing tribal treaty rights shall not be diminished by this 
        Act.
          (6) The Tribe shall survey the boundaries of the Federal land 
        and submit the survey to the National Park Service for its 
        review and concurrence.
  (b) Cooperative Efforts.--The Secretary and the Tribe--
          (1) shall enter into cooperative agreements--
                  (A) for mutual emergency fire aid, upon completion of 
                the Tribe's proposed emergency fire response building; 
                and
                  (B) to provide opportunities for the public to learn 
                more about the culture and traditions of the Tribe;
          (2) may develop and establish a multipurpose, nonmotorized 
        trail from Highway 101 to the Pacific Ocean; and
          (3) shall work cooperatively on any other issues of mutual 
        concern related to the transfer of land authorized by this Act.

SEC. 6. HOH INDIAN RESERVATION.

  All lands taken into trust by the United States under this Act shall 
be a part of the Hoh Indian Reservation.

SEC. 7. 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.).

                       PURPOSE OF THE LEGISLATION

    The purpose of H.R. 1061 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Hoh Indian Reservation, located next to the Hoh River 
and the Pacific Ocean in a remote section of Jefferson County, 
Washington, is the homeland of the Hoh Indian Tribe (the 
Tribe), a federally recognized Indian Tribe. The Hoh Indian 
Reservation was established by Executive Order in 1893. The 
Reservation occupies approximately one square mile of land, but 
the inhabitable acreage has decreased over time due to erosion, 
storm surge, and repeated flooding. The entire Reservation is 
within a tsunami zone and 90 percent of the reservation is 
within a flood zone making the Reservation unfit for safe 
occupation.
    The current Hoh Indian Reservation is unsafe for habitation 
due to its location in both a tsunami and flood zone. Frequent 
flooding in the past five years has necessitated Bureau of 
Indian Affairs funding for reconstruction projects for tribal 
infrastructure damaged during floods and severe weather. The 
Tribe has purchased from private owners approximately 260 acres 
of land near the reservation to move key infrastructure and 
residents out of the flood and tsunami zone. In addition, the 
State of Washington's Department of Natural Resources has 
transferred ownership of 160 acres of land to the Tribe that is 
adjacent to the 260 acres of private land acquired by the 
Tribe. These newly acquired lands are only accessible from the 
Tribe's current Reservation via a road that crosses a 37-acre 
parcel of Olympic National Park. Placing this parcel of 
National Park land into trust for the tribe would create a 
contiguous tract of land for the Hoh tribe to safely inhabit. 
It would allow for unencumbered transportation to the new 
tribal reservation and allow for continued preservation and 
conservation of federal land.

                            COMMITTEE ACTION

    H.R. 1061 was introduced on February 13, 2009 by Rep. Norm 
Dicks (D-WA). The bill was referred to the Committee on Natural 
Resources. On June 3, 2009, the Committee on Natural Resources 
held a hearing on H.R. 1061. The Committee received testimony 
from Mr. George Skibine, Deputy Assistant Secretary for Policy 
and Economic Development for Indian Affairs, U.S. Department of 
the Interior and Mr. Ernie Penn, Tribal Council Member, Hoh 
Indian Tribe.
    On July 9, 2009, the Committee met to consider the bill. 
Chairman Rahall (D-WV) offered an amendment in the nature of a 
substitute to clarify the ability and restrictions on the Tribe 
to repair and maintain the access road located within the 37 
acres of National Park System land. The amendment also required 
an environmental assessment to be completed before the state 
and private land acquired by the Tribe are taken into trust by 
the federal government. The amendment was adopted by voice 
vote. The bill, as amended, was then ordered favorably reported 
to the House of Representatives by voice vote.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that this Act may be cited as the ``Hoh 
Indian Tribe Safe Homelands Act''.

Section 2. Findings

    Section 2 describes the Hoh Indian Reservation in Jefferson 
County, Washington, and the hazardous environmental conditions 
that explain the need for this land transfer.

Section 3. Definitions

    Section 3 defines key terms included in the bill.

Section 4. Transfer of lands to be held in trust as part of the Tribe's 
        Reservation; placement of other land into trust

    Section 4 declares the federal lands from Olympic National 
Park described in subsection (c)(2) to be held in trust by the 
United States for the benefit of the Tribe. This section also 
provides that the Secretary of the Interior shall take the non-
federal lands described in subsection (c)(1) into trust to be 
held by the United States for the benefit of the Tribe, subject 
to the completion of an assessment of the potential liability 
from environmental problems associated with the property and 
the remediation of any liabilities. The section further 
provides that the transferred lands shall be part of the 
Reservation, and be described by a map titled ``Hoh Indian 
Tribe Safe Homelands Act Land Acquisition Map''. This section 
also instructs the Tribe and National Park Service to work 
cooperatively on issues of mutual concern regarding this Act.
    The Committee considers that conveying land out of the 
National Park System should be contemplated only under the most 
extraordinary of circumstances. H.R. 1061 addresses an 
immediate threat to the safety and health of the 230 members of 
the Hoh Indian Tribe by conveying a small parcel on the edge of 
Olympic National Park. This legislation makes clear that the 
condition of the land at the time of transfer is to be 
preserved and protected, as is its use as a natural wildlife 
corridor. No commercial, residential, industrial or other 
buildings may be placed on the land. Routine maintenance may be 
performed on the existing road through the parcel, but that 
road may not be widened or otherwise expanded, and no other 
roads or access routes are permitted. No hunting or logging is 
permitted, nor is any action that would adversely affect the 
natural environment other than those expressly permitted by the 
legislation. In sum, the conveyance will not harm the integrity 
of the park, does not threaten park resources, and does not 
require a future investment of NPS maintenance or operations 
funds. As such, the bill should not be considered a precedent 
for justifying requests to accommodate special interests at the 
expense of national park resources and congressionally 
designated management units such as wilderness.

Section 5. Preservation of existing condition of Federal land; terms of 
        conservation and use in connection with land transfer

    Section 5 provides restrictions on use of the federal lands 
transferred in this bill. It provides the land be subject to 
the following conditions: that no commercial, residential, 
industrial, or other structures be placed on the federal land 
being transferred; that to protect the natural condition of the 
land, no hunting or logging shall be allowed; and that routine 
maintenance on the two-lane road may be conducted, but the road 
may not be widened or otherwise expanded and no other roads may 
be developed.
    This section further provides that the Tribe may authorize 
tribal members to engage in ceremonial and other treaty uses on 
the federal lands and no existing tribal treaty rights shall be 
diminished by this Act. Furthermore, this section directs the 
Secretary of the Interior and the Tribe to enter into mutual 
aid agreements for emergency fire aid, dissemination of tribal 
culture and traditions, to develop a multipurpose, non 
motorized trail, and for other purposes related to the Act.

Section 6. Hoh Indian Reservation

    Section 6 states that all lands taken into trust by the 
United States under this Act shall be part of the Hoh Indian 
reservation.

Section 7. Gaming prohibition

    Section 7 prohibits the use of any lands taken into trust 
under this Act to be considered as Indian lands for the purpose 
of the Indian Gaming Regulatory Act (25 U.S.C. Sec.  2701 et 
seq.).

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that Rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to transfer certain land to the 
United States to be held in trust for the Hoh Indian Tribe.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1061--Hoh Indian Tribe Safe Homelands Act of 2009

    CBO estimates that implementing H.R. 1061 would cost less 
than $500,000 over the 2010-2014 period, subject to the 
availability of appropriated funds. Enacting H.R. 1061 would 
not affect direct spending or revenues.
    H.R. 1061 would transfer 37 acres of land from the National 
Park Service (NPS) to the Bureau of Indian Affairs (BIA) to be 
held in trust for the Hoh Indian Tribe in Washington. Upon 
conveyance to the tribe, BIA also would take into trust an 
additional 460 acres of nonfederal land acquired by the tribe, 
provided that certain conditions specified in the bill are met. 
The bill also would extend the boundaries of the tribe's 
reservation to include conveyed and NPS lands. Based on 
information from BIA and NPS, we estimate that transfering the 
lands into trust would not result in large costs over the next 
five years.
    The tribe could seek funding from BIA and the Department of 
Housing and Urban Development for certain services on the new 
reservation land; those resources are subject to the 
availability of appropriated funds, and H.R.1061 would not 
specifically authorize funding for those activities. In 
addition, according to the Department of the Interior, the NPS 
lands currently generate no receipts from mineral leasing or 
other activities and are not expected to do so during the next 
10 years. Therefore, CBO estimates that conveying the land 
would not affect offsetting receipts (a credit against direct 
spending).
    H.R. 1061 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
tribe would benefit from the transfer of land.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 1061 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

               PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any State, local, or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                            ADDITIONAL VIEWS

    The Committee is to be commended for favorably considering 
H.R. 1061. In moving this legislation, the Committee sets a 
valuable precedent by transferring without consideration 37 
acres of lands within Olympic National Park to a non-federal 
owner--in this case the Hoh Tribe--to meet a legitimate need. 
The National Park Service has expressed support for 
transferring lands from Olympic National Park to the tribe 
without requiring a land exchange or other compensation. We are 
not aware of any opposition expressed by environmental groups 
to this national park land transfer.
    The Hoh Tribe has demonstrated a compelling need to add 
lands to its existing Reservation to provide a safe area in 
which to construct housing and other facilities for its 
members. At present, the Tribe's Reservation, which was created 
by Executive Order in 1893, lies within one of the rainiest 
areas of the country located on the Olympic Peninsula of 
Washington. Classified as a tsunami zone and prone to major 
flooding, the Reservation receives 140 inches of rain per year. 
The transfer of land authorized by H.R. 1061 enables the Tribe 
to expand the eastern side of its Reservation a little further 
upland and a safe distance from major flooding. The lands so 
transferred are currently part of Olympic National Park, one of 
the most beautiful and pristine parks in the United States.
    One might wonder why Congress would give away national park 
lands. We sometimes hear a refrain from environmental special 
interest groups, and occasionally from Members of Congress, 
that the government should never just give away public lands, 
let alone national parklands.
    Perhaps it is fair to turn this question around: why did 
Congress designate a national park where it would hem in lands 
reserved to an Indian tribe? Shouldn't Congress pass more land 
transfers when the right for a community to have safe, 
accessible lands for homes and economic development is at 
stake?
    The tribe's reservation was established prior to the park. 
Many other communities, mostly in the West, were also settled 
prior to later federal wilderness and park designations. Such 
communities often prize their national parks but they also 
prize their prior right to build safe, affordable towns and 
cities with the same opportunity and good quality of life that 
is generally taken for granted in urban areas and in the East. 
H.R. 1061 sensibly incorporates this view.
    It is important to note the Committee adopted an amendment 
that, among other changes, clarifies that if the existing road 
in the Hoh Reservation is washed out, a new one can be re-
built. The bill also includes a provision allowing the Tribe 
and the Park Service to construct a multi-purpose, non-
motorized trail linking Highway 101 to the Pacific Ocean. These 
measures are very important, and Congress would be wise to 
consider other pending bills to ensure safe and convenient 
access in communities where roads are washed out by floods, 
especially in National Parks.
                                                      Doc Hastings.

                                  
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