I 

116TH CONGRESS 

1ST SESSION H. R. 1312 

To recognize tribal cooperation in the environmental review of proposed 

actions affecting the revised Yurok Reservation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 19, 2019 

Mr. HUFFMAN (for himself, Mrs. TORRES of California, Mr. SOTO, Mr. 

MULLIN, and Mr. CA ́RDENAS) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To recognize tribal cooperation in the environmental review 

of proposed actions affecting the revised Yurok Reservation, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Yurok Lands Act of 

5 2019’’. 

6 SEC. 2. DEFINITIONS. 

7 For the purposes of this Act: 

8 (1) FEDERAL AGENCY.—The term ‘‘Federal 

9 agency’’ has the same meaning given that term in 


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1 section 1508.12 of title 40, Code of Federal Regula2 tions, except that such term shall not include States, 

3 units of general local government, and Indian 

4 Tribes. 

5 (2) NEPA.—The term ‘‘NEPA’’ means the Na6 tional Environmental Policy Act, as amended (42 

7 U.S.C. 4321 et seq.). 

8 (3) REVISED YUROK RESERVATION.—The term 

9 ‘‘revised Yurok Reservation’’ means the land within 

10 the exterior boundary of the Yurok Reservation as 

11 revised in section 4(a), except land owned in fee by 

12 or held in trust by the United States for the benefit 

13 of a federally recognized Indian Tribe other than the 

14 Yurok Tribe. 

15 (4) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of the Interior, the Secretary of Agri17 culture, or the Secretary of Transportation, as ap18 propriate. 

19 (5) TRIBE.—The term ‘‘Tribe’’ means the 

20 Yurok Tribe, a federally recognized Indian Tribe. 

21 SEC. 3. LAND TO BE HELD IN TRUST FOR THE TRIBE. 

22 (a) IN GENERAL.—Subject to any valid existing 

23 rights, the Secretary of Agriculture shall transfer to the 

24 Secretary of the Interior administrative jurisdiction over 

25 approximately 1,229 acres in the Yurok Experimental 


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1 Forest and Six Rivers National Forest, as generally de2 picted on the map entitled ‘‘Experimental Forest’’ and 

3 dated October 4, 2016. The map shall be on file and avail4 able for public inspection in the appropriate offices of the 

5 Forest Service. 

6 (b) ADMINISTRATION.—The Secretary of the Interior 

7 shall hold the land transferred under subsection (a) in 

8 trust for the benefit of the Tribe. 

9 (c) TRIBAL LAND USE MANAGEMENT PLAN.—The 

10 Tribe shall develop a Tribal Land Use Management Plan 

11 in accordance with NEPA requirements for the land held 

12 in trust pursuant to subsection (b). 

13 (d) GOVERNMENT-TO-GOVERNMENT AGREE14 MENTS.—Not later than one year after the date of the 

15 enactment of this Act, the Secretary of Agriculture and 

16 the Tribe— 

17 (1) shall enter into government-to-government 

18 consultations; 

19 (2) shall develop protocols to ensure that re20 search activities of the Forest Service on lands taken 

21 into trust pursuant to subsection (b) shall continue 

22 in perpetuity; and 

23 (3) may enter into cooperative agreements be24 tween the Secretary of Agriculture and the Tribe for 

25 the purpose of implementing this section. 


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1 (e) SURVEY.—Not later than one year after the date 

2 of the enactment of this Act, the Secretary of the Interior 

3 shall complete a survey to establish the exterior bound4 aries of the land taken into trust pursuant to subsection 

5 (b). 

6 (f) USE OF TRUST LAND.—Land taken into trust 

7 pursuant to subsection (b) shall— 

8 (1) be managed by the Tribe for conservation 

9 and research purposes; 

10 (2) not be eligible, or considered to have been 

11 taken into trust, for any gaming activity under the 

12 Indian Gaming Regulatory Act (25 U.S.C. 2701 et 

13 seq.); and 

14 (3) not be subject to old growth logging. 

15 SEC. 4. YUROK RESERVATION BOUNDARY ADJUSTMENT. 

16 (a) IN GENERAL.—The Secretary shall revise the 

17 boundary of the Yurok Reservation as depicted on the map 

18 entitled ‘‘Revised Yurok Indian Reservation Boundary’’ 

19 and dated September 20, 2017, and on file and available 

20 for public inspection in the appropriate offices of the Bu21 reau of Indian Affairs. 

22 (b) LAND MANAGEMENT.—Subject to the require23 ments of sections 3 and 5— 

24 (1) all National Forest System land within the 

25 revised Yurok Reservation shall continue to be adVerDate Sep 11 2014 23:30 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1312.IH H1312

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1 ministered by the Forest Service in accordance with 

2 applicable laws and regulations; and 

3 (2) all National Park System land within the 

4 revised Yurok Reservation shall continue to be ad5 ministered by the National Park Service in accord6 ance with applicable laws and regulations. 

7 SEC. 5. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL 

8 LAND AND RESOURCE MANAGEMENT. 

9 (a) IN GENERAL.—For the purposes of any process 

10 triggered by a requirement under NEPA regarding major 

11 Federal action on Federal land within the revised Yurok 

12 Reservation, at the Tribe’s option, the Tribe shall act as 

13 a joint lead agency in accordance with a Memorandum of 

14 Understanding entered into between the lead Federal 

15 agency and the Tribe not later than 30 days after the date 

16 of notice of initiation of the process. 

17 (b) REQUIREMENTS FOR MEMORANDUM OF UNDER18 STANDING.—A Memorandum of Understanding entered 

19 into under this section shall— 

20 (1) be negotiated in good faith; 

21 (2) comply with the NEPA statute and regula22 tions; and 

23 (3) include— 


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1 (A) the respective roles and responsibilities 

2 of the Tribe and the lead Federal agency in the 

3 NEPA process; 

4 (B) mechanisms for dispute resolution; and 

5 (C) a requirement that environmental im6 pact statements shall discuss any inconsistency 

7 of a proposed action with any plan or environ8 mental requirement of the Tribe (whether or 

9 not federally sanctioned), and, where such an 

10 inconsistency exists, a requirement that the en11 vironmental impact statement shall describe— 

12 (i) the extent to which the lead Fed13 eral agency would reconcile its proposed 

14 action with the plan or environmental re15 quirement; and 

16 (ii) what mitigation measures are 

17 being imposed to lessen adverse environ18 mental impacts of the proposal identified 

19 by the Tribe. 

20 (c) COOPERATING AGENCY.—For the purpose of any 

21 process triggered by a requirement under NEPA regard22 ing a major Federal action on Federal land that may af23 fect the revised Yurok Reservation, at the option of the 

24 Tribe, the Tribe shall act as a cooperating agency. 


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1 (d) NO LIMITATION ON EXISTING AUTHORITY.— 

2 Nothing in this section shall limit ability of the Tribe or 

3 any other federally recognized Indian Tribe to participate 

4 in any process triggered by a requirement under NEPA 

5 as a joint lead or a cooperating agency. 

6 (e) COOPERATIVE AGREEMENTS WITH THE TRIBE.— 

7 (1) REDWOOD NATIONAL PARK.—The Secretary 

8 shall enter into a cooperative agreement with the 

9 Tribe for system unit natural resource protection for 

10 the purpose of protecting natural resources of Red11 wood National Park pursuant to section 101702 of 

12 title 54, United States Code. 

13 (2) FOREST SERVICE.—The Secretary of Agri14 culture shall enter into a cooperative agreement with 

15 the Tribe that includes, at a minimum, provisions 

16 that implement section 3. 

17 (3) TRIBE AS AN AGENCY.—The Tribe shall be 

18 considered a State or local government agency for 

19 purposes of section 101703 of title 54, United 

20 States Code, and the Secretary shall enter into a co21 operative management agreement with the Tribe 

22 pursuant to that section. 

23 (4) CONFIRMATION AND AUTHORIZATION OF

24 COOPERATIVE AGREEMENT RELATED TO THE KLAM25 ATH RIVER BASIN.—The 2006 ‘‘Cooperative AgreeVerDate Sep 11 2014 23:30 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1312.IH H1312

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1 ment between the Department of the Interior and 

2 the Yurok Tribe for the Cooperative Management of 

3 Tribal and Federal Lands and Resources in the 

4 Klamath River Basin of California’’ is confirmed 

5 and the Secretary is authorized to take such actions 

6 as are necessary to effectuate the agreement. 

7 (f) SELF-GOVERNANCE AGREEMENTS.—Federal 

8 agencies, as appropriate, shall negotiate, in good faith, 

9 self-governance agreements under this Act pursuant to the 

10 Indian Self-Determination and Education Assistance Act 

11 (25 U.S.C. 5301 et seq.). Program functions, services, and 

12 activities, or portions thereof, carried out by the National 

13 Park Service on Federal land within the revised Yurok 

14 Reservation shall be included in a contract or compact to 

15 the extent allowed under title I or title IV of the Indian 

16 Self-Determination and Education Assistance Act. 

17 SEC. 6. YUROK SCENIC BYWAY DESIGNATION. 

18 (a) DESIGNATION OF THE YUROK SCENIC BYWAY.— 

19 Bald Hills Road from its junction with U.S. Highway 101 

20 to its terminus on the Klamath River shall be designated 

21 as the ‘‘Yurok Scenic Byway’’, an Indian Tribe scenic 

22 byway, and the Tribe shall be eligible for appropriate 

23 grants and technical assistance as authorized in section 

24 162(b) of title 23, United States Code. 


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1 (b) CONTINUED ACCESS AND USE RETAINED.—The 

2 Tribe shall not prohibit or limit, and the Secretary of the 

3 Interior shall allow, continued access and use of the Bald 

4 Hills Road in accordance with section 3(b)(1) of the Act 

5 entitled ‘‘An Act to establish a Redwood National Park 

6 in the State of California, and for other purposes’’, ap7 proved October 2, 1968 (16 U.S.C. 79c). 

8 SEC. 7. CONFIRMATION OF GOVERNING BODY AND DOCU9 MENTS. 

10 The governing documents of the Tribe and the gov11 erning body established and elected thereunder, as recog12 nized by the Secretary and in effect on the date of the 

13 enactment of this Act, are hereby ratified and confirmed 

14 and shall only have effect within the revised Yurok Res15 ervation. 

16 SEC. 8. NO DELEGATION OF FEDERAL AUTHORITY OVER 

17 NON-TRIBAL LAND OR PEOPLE. 

18 Nothing in this Act shall be construed as a delegation 

19 of Federal or other authority to the Tribe, the Tribal body 

20 or any member of the Tribe, over or related to land or 

21 interests in land that are not within the revised Yurok 

22 Reservation. 

23 SEC. 9. NO ADDITIONAL AUTHORITY OR RIGHTS. 

24 Nothing in this Act shall increase, diminish, or other25 wise affect the rights, privileges, or authorities of any fedVerDate Sep 11 2014 23:30 Mar 01, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1312.IH H1312

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1 erally recognized Indian Tribe in relation to any other fed2 erally recognized Indian Tribe. 

Æ 


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