H. R. 1061 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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. 

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. 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) 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) SURVEY BY TRIBE.— (A) IN GENERAL.—The Tribe shall— 

(i) conduct a survey of the boundaries of the Federal land; and 
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(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) 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) submit a copy of the survey to the appropriate 

committees of Congress; and 

(ii) 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) 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 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. 
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(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) 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 
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(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)). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.