`[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1061 Reported in House (RH)]

                                                 Union Calendar No. 172
111th CONGRESS
  1st Session
                                H. R. 1061

                          [Report No. 111-306]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2009

  Mr. Dicks introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                            October 21, 2009

                      Additional sponsor: Mr. Cole

                            October 21, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                           February 13, 2009]





_______________________________________________________________________

                                 A BILL


 
 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.


 


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

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.).
                                                 Union Calendar No. 172

111th CONGRESS

  1st Session

                               H. R. 1061

                          [Report No. 111-306]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                            October 21, 2009

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed`