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[111th Congress Public Law 323]
[From the U.S. Government Printing Office]

[[Page 3515]]

                   HOH INDIAN TRIBE SAFE HOMELANDS ACT

[[Page 124 STAT. 3516]]

Public Law 111-323
111th Congress

                                 An Act

 
 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. <<NOTE: Dec. 22, 2010 -  [H.R. 1061]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Hoh Indian Tribe 
Safe Homelands Act.>> 
SECTION 1. <<NOTE: 16 USC 251 note.>>  SHORT TITLE.

    This Act may be cited as the ``Hoh Indian Tribe Safe Homelands 
Act''.
SEC. 2. <<NOTE: 16 USC 251 note.>>  DEFINITIONS.

    In this Act:
            (1) Federal land.--The term ``Federal land'' means the 
        approximately 37-acre parcel of land--
                    (A) administered by the National Park Service;
                    (B) located in sec. 20, T. 26N, R. 13W, W.M., south 
                of the Hoh River; and
                    (C) depicted on the Map.
            (2) Map.--The term ``Map'' means the map entitled ``Hoh 
        Indian Tribe Safe Homelands Act Land Acquisition Map'' and dated 
        May 14, 2009.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the approximately 434 acres of land--
                    (A) owned by the Tribe; and
                    (B) depicted on the Map.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.
SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.

    (a) Federal Land.--
            (1) <<NOTE: Effective date.>>  In general.--Effective 
        beginning on the date of enactment of this Act--
                    (A) 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
                    (B) the Federal land shall be excluded from the 
                boundaries of Olympic National Park.
            (2) <<NOTE: Deadlines.>>  Survey by tribe.--
                    (A) In general.--The Tribe shall--
                          (i) conduct a survey of the boundaries of the 
                      Federal land; and

[[Page 124 STAT. 3517]]

                          (ii) submit the survey to the Director of the 
                      National Park Service for review and concurrence.
                    (B) 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--
                          (i) complete the review of the survey; and
                          (ii) <<NOTE: Notification.>>  provide to the 
                      Tribe a notice of concurrence with the survey.
                    (C) 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--
                          (i) <<NOTE: Records.>>  submit a copy of the 
                      survey to the appropriate committees of Congress; 
                      and
                          (ii) <<NOTE: Public information.>>  make the 
                      survey available for public inspection at the 
                      appropriate office of the Secretary.

    (b) Non-Federal Land.--
            (1) In general.--On fulfillment of each condition described 
        in paragraph (2), and in accordance with the regulations of the 
        Department of the Interior for implementing the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that 
        are applicable to trust land acquisitions for Indian tribes that 
        are mandated by Federal legislation, the Secretary shall take 
        the non-Federal land into trust for the benefit of the Tribe.
            (2) Conditions.--The conditions referred to in paragraph (1) 
        are that the Tribe shall--
                    (A) convey to the Secretary all right, title, and 
                interest in and to the non-Federal land; and
                    (B) submit to the Secretary a request to take the 
                non-Federal land into trust for the Tribe.

    (c) Congressional Intent.--It is the intent of Congress that--
            (1) the condition of the Federal land as in existence on the 
        date of enactment of this Act should be preserved and protected;
            (2) 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
            (3) the Tribe and the National Park Service shall work 
        cooperatively regarding issues of mutual concern relating to 
        this Act.

    (d) <<NOTE: Deadline.>>  Availability of Map.--Not later than 120 
days after the survey required by subsection (a)(2)(A) has been reviewed 
and concurred in by the National Park Service, the Secretary shall make 
the Map available to the appropriate congressional committees. 
The <<NOTE: Public information.>> Map also shall be available for public 
inspection at the appropriate offices of the Secretary.
SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.

    (a) Use of Federal Land by Tribe.--
            (1) Restrictions on use.--The use of the Federal land by the 
        Tribe shall be subject to the following conditions:
                    (A) Buildings and structures.--No commercial, 
                residential, industrial, or other building or structure 
                shall be constructed on the Federal land.

[[Page 124 STAT. 3518]]

                    (B) Natural condition and environment.--The Tribe--
                          (i) shall preserve and protect the condition 
                      of the Federal land as in existence on the date of 
                      enactment of this Act; and
                          (ii) shall not carry out any activity that 
                      would adversely affect the natural environment of 
                      the Federal land, except as otherwise provided by 
                      this Act.
                    (C) 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.
                    (D) Roads.--
                          (i) 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.
                          (ii) Expansion.--The county road described in 
                      clause (i) may not be widened or otherwise 
                      expanded.
                          (iii) 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.
                          (iv) 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.
            (2) Uses approved by treaty.--
                    (A) In general.--The Tribe may authorize any member 
                of the Tribe to use the Federal land for--
                          (i) ceremonial purposes; or
                          (ii) any other activity approved by a treaty 
                      between the United States and the Tribe.
                    (B) 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.

    (b) Cooperative Efforts.--The Secretary and the Tribe--
            (1) <<NOTE: Contracts.>>  shall enter into cooperative 
        agreements--
                    (A) for joint provision of emergency fire aid, on 
                completion of the proposed emergency fire response 
                building of the Tribe; and
                    (B) to provide opportunities for the public to learn 
                more regarding the culture and traditions of the Tribe;
            (2) 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
            (3) 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.
SEC. 5. GAMING PROHIBITION.

    The Tribe may not conduct on any land taken into trust pursuant to 
this Act any gaming activities--
            (1) as a matter of claimed inherent authority; or

[[Page 124 STAT. 3519]]

            (2) 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)).

    Approved December 22, 2010.

LEGISLATIVE HISTORY--H.R. 1061 (S. 443):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 111-306 (Comm. on Natural Resources).
SENATE REPORTS: No. 111-161 (Comm. on Indian Affairs) accompanying S. 
443.
CONGRESSIONAL RECORD, Vol. 156 (2010):
            June 8, considered and passed House.
            Sept. 29, considered and passed Senate, amended.
            Dec. 14, House concurred in Senate amendments.

                                  <all>
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