89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–306 

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. 


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(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: 


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(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, twolane 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 


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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 


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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. 


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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. § 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. 


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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. 


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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 


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safe and convenient access in communities where roads are washed 

out by floods, especially in National Parks. 

DOC HASTINGS. 

Æ 


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