II 

Calendar No. 422 

111TH CONGRESS 

2D SESSION H. R. 1061 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2010 

Received; read twice and placed on the calendar 

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. 

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 ‘‘Hoh Indian Tribe Safe 

5 Homelands Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) FEDERAL LAND.—The term ‘‘Federal land’’ 

9 means the approximately 37-acre parcel of land— 


hsrobinson on DSK69SOYB1PROD with BILLS
2 

HR 1061 PCS

1 (A) administered by the National Park 

2 Service; 

3 (B) located in sec. 20, T. 26N, R. 13W, 

4 W.M., south of the Hoh River; and 

5 (C) depicted on the Map. 

6 (2) MAP.—The term ‘‘Map’’ means the map en7 titled ‘‘Hoh Indian Tribe Safe Homelands Act Land 

8 Acquisition Map’’ and dated May 14, 2009. 

9 (3) NON-FEDERAL LAND.—The term ‘‘non-Fed10 eral land’’ means the approximately 434 acres of 

11 land— 

12 (A) owned by the Tribe; and 

13 (B) depicted on the Map. 

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

15 the Secretary of the Interior. 

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

17 Indian Tribe. 

18 SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE. 

19 (a) FEDERAL LAND.— 

20 (1) IN GENERAL.—Effective beginning on the 

21 date of enactment of this Act— 

22 (A) all right, title, and interest of the 

23 United States in and to the Federal land are 

24 considered to be held in trust by the United 

25 States for the benefit of the Tribe, without any 


hsrobinson on DSK69SOYB1PROD with BILLS
3 

HR 1061 PCS

1 action required to be taken by the Secretary; 

2 and 

3 (B) the Federal land shall be excluded 

4 from the boundaries of Olympic National Park. 

5 (2) SURVEY BY TRIBE.— 

6 (A) IN GENERAL.—The Tribe shall— 

7 (i) conduct a survey of the boundaries 

8 of the Federal land; and 

9 (ii) submit the survey to the Director 

10 of the National Park Service for review 

11 and concurrence. 

12 (B) ACTION BY DIRECTOR.—Not later 

13 than 90 days after the date on which the survey 

14 is submitted under subparagraph (A)(ii), the 

15 Director of the National Park Service shall— 

16 (i) complete the review of the survey; 

17 and 

18 (ii) provide to the Tribe a notice of 

19 concurrence with the survey. 

20 (C) AVAILABILITY OF SURVEY.—Not later 

21 than 120 days after the date on which the no22 tice of concurrence is provided to the Tribe 

23 under subparagraph (B)(ii), the Secretary 

24 shall— 


hsrobinson on DSK69SOYB1PROD with BILLS
4 

HR 1061 PCS

1 (i) submit a copy of the survey to the 

2 appropriate committees of Congress; and 

3 (ii) make the survey available for pub4 lic inspection at the appropriate office of 

5 the Secretary. 

6 (b) NON-FEDERAL LAND.— 

7 (1) IN GENERAL.—On fulfillment of each condi8 tion described in paragraph (2), and upon compli9 ance with the National Environmental Policy Act of 

10 1969, the Secretary shall take the non-Federal land 

11 into trust for the benefit of the Tribe. 

12 (2) CONDITIONS.—The conditions referred to in 

13 paragraph (1) are that the Tribe shall— 

14 (A) convey to the Secretary all right, title, 

15 and interest in and to the non-Federal land; 

16 and 

17 (B) submit to the Secretary a request to 

18 take the non-Federal land into trust for the 

19 Tribe. 

20 (c) CONGRESSIONAL INTENT.—It is the intent of 

21 Congress that— 

22 (1) the condition of the Federal land as in ex23 istence on the date of enactment of this Act should 

24 be preserved and protected; 


hsrobinson on DSK69SOYB1PROD with BILLS
5 

HR 1061 PCS

1 (2) the natural environment existing on the 

2 Federal land on the date of enactment of this Act 

3 should not be altered, except as otherwise provided 

4 by this Act; and 

5 (3) the Tribe and the National Park Service 

6 shall work cooperatively regarding issues of mutual 

7 concern relating to this Act. 

8 (d) AVAILABILITY OF MAP.—Not later than 120 days 

9 after the survey required by subsection (a)(2)(A) has been 

10 reviewed and concurred in by the National Park Service, 

11 the Secretary shall make the Map available to the appro12 priate congressional committees. The Map also shall be 

13 available for public inspection at the appropriate offices 

14 of the Secretary. 

15 SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE 

16 EFFORTS. 

17 (a) USE OF FEDERAL LAND BY TRIBE.— 

18 (1) RESTRICTIONS ON USE.—The use of the 

19 Federal land by the Tribe shall be subject to the fol20 lowing conditions: 

21 (A) BUILDINGS AND STRUCTURES.—No 

22 commercial, residential, industrial, or other 

23 building or structure shall be constructed on 

24 the Federal land. 


hsrobinson on DSK69SOYB1PROD with BILLS
6 

HR 1061 PCS

1 (B) NATURAL CONDITION AND ENVIRON2 MENT.—The Tribe— 

3 (i) shall preserve and protect the con4 dition of the Federal land as in existence 

5 on the date of enactment of this Act; and 

6 (ii) shall not carry out any activity 

7 that would adversely affect the natural en8 vironment of the Federal land, except as 

9 otherwise provided by this Act. 

10 (C) LOGGING AND HUNTING.—To main11 tain use of the Federal land as a natural wild12 life corridor and provide for protection of exist13 ing resources of the Federal land, no logging or 

14 hunting shall be allowed on the Federal land. 

15 (D) ROADS.— 

16 (i) ROUTINE MAINTENANCE.—Routine 

17 maintenance may be conducted on the 2- 

18 lane county road that crosses the Federal 

19 land as in existence on the date of enact20 ment of this Act. 

21 (ii) EXPANSION.—The county road 

22 described in clause (i) may not be widened 

23 or otherwise expanded. 

24 (iii) RECONSTRUCTION.—If the coun25 ty road described in clause (i) is comVerDate Mar 15 2010 21:55 Jun 09, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1061.PCS H1061

hsrobinson on DSK69SOYB1PROD with BILLS
7 

HR 1061 PCS

1 promised due to a flood or other natural or 

2 unexpected occurrence, the county road 

3 may be reconstructed to ensure access to 

4 relevant areas. 

5 (iv) OTHER ACCESS ROUTES.—Except 

6 as provided in clause (iii) and subsection 

7 (b)(2), no other road or access route shall 

8 be permitted on the Federal land. 

9 (2) USES APPROVED BY TREATY.— 

10 (A) IN GENERAL.—The Tribe may author11 ize any member of the Tribe to use the Federal 

12 land for— 

13 (i) ceremonial purposes; or 

14 (ii) any other activity approved by a 

15 treaty between the United States and the 

16 Tribe. 

17 (B) NO EFFECT ON TREATY RIGHTS OF

18 TRIBE.—Nothing in this Act affects any treaty 

19 right of the Tribe in existence on the date of 

20 enactment of this Act. 

21 (b) COOPERATIVE EFFORTS.—The Secretary and the 

22 Tribe— 

23 (1) shall enter into cooperative agreements— 


hsrobinson on DSK69SOYB1PROD with BILLS
8 

HR 1061 PCS

1 (A) for joint provision of emergency fire 

2 aid, on completion of the proposed emergency 

3 fire response building of the Tribe; and 

4 (B) to provide opportunities for the public 

5 to learn more regarding the culture and tradi6 tions of the Tribe; 

7 (2) may develop and establish on land taken 

8 into trust for the benefit of the Tribe pursuant to 

9 this Act a multipurpose, nonmotorized trail from 

10 Highway 101 to the Pacific Ocean; and 

11 (3) shall work cooperatively on any other issues 

12 of mutual concern relating to land taken into trust 

13 for the benefit of the Tribe pursuant to this Act. 

14 SEC. 5. TREATMENT OF TRUST LAND AS PART OF RESERVA15 TION. 

16 All land taken into trust for the benefit of the Tribe 

17 pursuant to this Act shall be a part of the reservation of 

18 the Tribe. 

19 SEC. 6. GAMING PROHIBITION. 

20 The Tribe may not conduct on any land taken into 

21 trust pursuant to this Act any gaming activities— 

22 (1) as a matter of claimed inherent authority; 

23 or 

24 (2) under any Federal law (including the Indian 

25 Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 


hsrobinson on DSK69SOYB1PROD with BILLS
9 

HR 1061 PCS

1 (including any regulations promulgated by the Sec2 retary or the National Indian Gaming Commission 

3 pursuant to that Act)). 

Passed the House of Representatives June 8, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


hsrobinson on DSK69SOYB1PROD with BILLS
Calendar No. 422 

111TH CONGRESS 

2D SESSION H. R. 1061 

AN ACT 

To transfer certain land to the United States to be 

other purposes. land into trust for the Hoh Indian Tribe, and for held in trust for the Hoh Indian Tribe, to place 

JUNE 9, 2010 

Received; read twice and placed on the calendar 


hsrobinson on DSK69SOYB1PROD with BILLS