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[Senate Report 111-161]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 312
111th Congress                                                   
                                 SENATE
 2d Session                                            Report 111-161

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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

                                _______
                                

                 March 10, 2010.--Ordered to be printed

                                _______
                                

    Mr. Dorgan, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 443]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 443) 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, reports favorably thereon with an 
amendment and recommends that the bill (as amended) do pass.

                                PURPOSE

    The purpose of S. 443 is to transfer and place into trust 
for the Hoh Indian Tribe (Tribe) a 37-acre parcel of land held 
by the National Park Service and 434 acres of fee land 
purchased from private owners near the Tribe's current 
reservation. Once placed in trust, the lands would be included 
as part of the Tribe's reservation. Gaming would be prohibited 
on the lands transferred into trust by this Act.

                               BACKGROUND

    The Hoh Indian Tribe is a federally recognized Indian 
tribe, whose reservation was established by executive order, in 
1873. The Hoh Indian reservation is approximately 1 square 
mile, located along the Hoh River and the Pacific Ocean in 
Jefferson County, Washington. Due to its location along a river 
and the Pacific Ocean, coupled with the torrential rains 
experienced in the region, the Hoh Reservation has seen its 
territory eroded by flooding and storm surges. Approximately 
90% of the Hoh Reservation is within a flood zone and 100% is 
within a tsunami zone, making the reservation unsafe for 
occupation or development. Flood danger has increased in recent 
years due to erosion from flooding and the Hoh River's path 
migrating closer to the village.
    In an effort to expand the reservation to include land safe 
for permanent occupancy, the Hoh Tribe acquired approximately 
434 acres of fee land. 160 acres of this land was acquired from 
the Washington State Department of Natural Resources and the 
rest from private owners. The land is currently separated from 
the Hoh Reservation by a 37-acre parcel of land that is part of 
Olympia National Park. If enacted, S. 443 would transfer these 
37 acres from the National Park Service into trust for the 
Tribe, thereby connecting the reservation to the newly 
purchased land. This will allow the Hoh Tribe to move their 
tribal infrastructure to higher ground.
    Passage of S. 443 would provide the Hoh Indian Tribe with 
sufficient land to move its village and residents to a safe 
location, free from the constant danger of flooding. The Hoh 
Tribe also suffers economically, with no commercial operations 
on tribal lands and an unemployment rate of 73%. Obtaining land 
outside of the flood plain will not only allow Hoh residents to 
relocate to safer homes, but will give the tribe a better 
opportunity to develop economically.

                      SECTION-BY-SECTION ANALYSIS

Section 1

    The short title of the Act is the ``Hoh Indian Tribe Safe 
Homelands Act.''

Section 2. Definitions

    This section defines the term ``Federal Land'' as the 37-
acre parcel of land administered by the National Park Service, 
which is depicted on the map dated May 14, 2009. The term 
``Map'' is defined as the map dated May 14, 2009, and entitled 
``Hoh Indian Tribe Safe Homelands Act Land Acquisition Map.'' 
The term ``Non-Federal'' Land means the approximately 434 acres 
of land owned by the Tribe and depicted on the map dated May 
14, 2009. The term ``Secretary'' means the Secretary of the 
Interior; and the term ``Tribe'' means the Hoh Indian Tribe.

Section 3. Land taken into trust for benefit of Tribe

    Section 3(a) provides that the federal lands described in 
this Act will be held in trust by the United States for the 
benefit of the Tribe upon passage of this bill, without any 
further action required by the Secretary, and that such land 
will then be excluded from the boundaries of Olympic National 
Park.
    Section 3(a) also requires the Tribe to conduct a survey of 
the boundaries of the federal land and submit that survey to 
the Director of the National Park Service for review and 
concurrence, after which the Director has 90 days to review and 
concur with the survey. No later than 120 days after notice of 
concurrence is provided to the Tribe, the Secretary shall 
submit a copy of the survey to the appropriate committees of 
Congress and make the survey available for public inspection.
    Section 3(b) provides that the Secretary shall take the 
non-federal lands into trust for the Tribe after the Secretary 
conducts an assessment of the environmental risks associated 
with the parcel, the Tribe conveys all right, title and 
interest in the non-federal land to the Secretary; and the 
tribe submits a request to the Secretary to take the non-
federal land into trust. The Tribe also agrees to carry out any 
activities necessary to remediate any liability or potential 
liability discovered as part of the environmental assessment 
conducted by the Secretary.
    Section 3(c) states that the intent of Congress is to 
preserve and protect the condition of the federal land as it 
exists on the date of enactment of this Act and that the 
natural environment existing on such date should not be altered 
unless allowed under this Act and that the National Park 
Service should work cooperatively with the Tribe regarding 
issues of mutual concern to this Act.
    Section 3(d) requires the Secretary to make the Map 
available for public inspection as soon as practicable after 
the date of enactment of this Act.

Section 4. Use of Federal land by Tribe; Cooperative efforts

    Section 4(a) describes the use of the federal lands by the 
Tribe and requires that the Tribe preserve and protect the 
natural condition and environment of the land as the land 
exists at time of enactment of this Act. This section prohibits 
the Tribe from carrying out any activity that would adversely 
affect the natural environment of the federal land, unless 
provided for in the Act. Section 4(a) also restricts the 
construction of any commercial, residential, industrial, or 
other building or structure on the federal land. This section 
also prohibits logging or hunting on this land in an effort to 
maintain the character of the land as a natural wildlife 
corridor.
    Subsection 4(a) also provides for the routine maintenance 
of the two-lane country road that crosses the federal parcel, 
but the road may not be widened or otherwise expanded. The road 
may be reconstructed in the event of a flood or other natural 
or unexpected occurrence to ensure access to relevant areas. 
This section prohibits other roads or access routes on the 
federal land.
    Section 4(a) provides that nothing in the Act shall affect 
any treaty rights held by the Tribe on date of enactment and 
authorizes any member of the Tribe to use the federal land for 
ceremonial purposes or for any other activities approved by a 
treaty between the Tribe and the United States.
    Section 4(b) provides that the Secretary and the Tribe 
shall work cooperatively on any issues of mutual concern 
related to the land taken into trust for the Tribe in 
accordance with the Act. This section also requires the Tribe 
and the Secretary to enter into cooperative agreements for 
joint provision of emergency fire aid, upon completion of the 
Tribe's proposed emergency fire response building, and to 
provide educational opportunities for the public to learn about 
the culture and traditions of the Tribe. Under this section, 
the Secretary and the Tribe may develop a multipurpose, 
nonmotorized trail from Highway 101 to the Pacific Ocean.

Section 5. Treatment of trust land as part of reservation

    This section provides that all land taken into trust for 
the Tribe under this Act will be considered part of the Tribe's 
reservation.

Section 6. Gaming prohibition

    This section prohibits the Tribe from conducting gaming 
activities as a matter of claimed inherent authority or under 
any Federal law on the lands taken into trust pursuant to this 
Act.

             LEGISLATIVE HISTORY--COMMITTEE RECOMMENDATION

    On February 13, 2009, Senator Patty Murray, for herself and 
Senator Maria Cantwell, introduced S. 443. It was referred to 
the Committee on Indian Affairs. Congressman Norm Dicks 
introduced a companion bill in the House of Representatives, 
H.R. 1061. On April 2, 2009, the Committee on Indian Affairs 
held a legislative hearing on S. 443 and other measures.
    On August 6, 2009, the Committee on Indian Affairs convened 
a business meeting to consider S. 443 and other measures. 
Senator Cantwell offered an amendment in the nature of a 
substitute. The amendment in the nature of a subsitute amends 
the original bill by ensuring that the Secretary of the 
Interior will conduct an assessment of the environmental risks 
associated with the non-federal land, strengthening the 
requirements of the cooperative agreements between the National 
Park Service and the Hoh Tribe for the non-federal land, and 
setting a deadline for the National Park Service to provide 
notice of concurrence with the land survey. The substitute 
amendment also prohibits gaming on the land.
    The amendment in the nature of a substitute was approved by 
the Committee by voice vote. The Committee orders the bill as 
amended be reported to the full Senate with the recommendation 
that the bill, as amended, do pass.

                   COST AND BUDGETARY CONSIDERATIONS

    The following cost estimate, as provided by the 
Congressional Budget Office, dated August 14, 2009, was 
prepared for S. 443:

S. 443--Hoh Indian Tribe Safe Homelands Act

    CBO estimates that implementing S. 443 would cost less than 
$500,000 over the 2010-2014 period, subject to the availability 
of appropriated funds. Enacting S. 443 would not affect direct 
spending or revenues.
    S. 443 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. BIA also 
would take into trust an additional 434 acres of nonfederal 
land owned by the tribe, provided that the tribe conveys the 
land to BIA and that certain other conditions specified in the 
bill are met. The bill 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 transferring 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 some of 
the new reservation land; those resources are subject to the 
availability of appropriated funds, and S. 443 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).
    S. 443 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act. The 
tribe would benefit from the transfer of land.
    On July 24, 2009, CBO transmitted a cost estimate for H.R. 
1061, the Hoh Indian Tribe Safe Homelands Act, as ordered 
reported by the House Committee on Natural Resources on July 9, 
2009. The House and Senate versions of the legislation are 
similar, and our cost estimates are identical.
    The CBO staff contact for this estimate is Leigh Angres. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

               REGULATORY AND PAPERWORK IMPACT STATEMENT

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill to 
evaluate the regulatory and paperwork impact that would be 
incurred in carrying out the bill. The Committee has concluded 
that the regulatory and paperwork impacts of S. 443 should be 
de minimis.

                        EXECUTIVE COMMUNICATIONS

    The Committee has received no communications from the 
Executive Branch regarding S. 443.

                        CHANGES IN EXISTING LAW

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

                                  
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