I 

114TH CONGRESS 

2D SESSION H. R. 6469 

To revise the Yurok Reservation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2016 

Mr. HUFFMAN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To revise the 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’’. 

5 SEC. 2. DEFINITIONS. 

6 For the purposes of this Act: 

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

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

9 section 40 CFR 1508.12, excluding for purposes of 

10 this definition, States and units of general local gov11 ernment and Indian tribes. 


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1 (2) NEPA.—The term ‘‘NEPA’’ means the Na2 tional Environmental Policy Act of 1969 (42 U.S.C. 

3 4321 et seq.). 

4 (3) REVISED YUROK RESERVATION.—The term 

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

6 the Yurok Reservation exterior boundary as revised 

7 in section 5(a). 

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

9 the Secretary of the Interior, the Secretary of Agri10 culture, or the Secretary of Transportation, as ap11 propriate. 

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

13 Yurok Tribe, a federally recognized Indian tribe. 

14 SEC. 3. TRIBAL-FEDERAL PARTNERSHIPS FOR FEDERAL 

15 LAND AND RESOURCE MANAGEMENT. 

16 (a) IN GENERAL.—At the Tribe’s option, the Tribe 

17 shall act as a joint lead agency pursuant to NEPA for 

18 major Federal actions within the Revised Yurok Reserva19 tion in accordance with a Memorandum of Understanding 

20 entered into between the Federal lead agency and the 

21 Tribe. 

22 (1) The Memorandum of Understanding shall 

23 be negotiated in good faith, comply with NEPA reg24 ulations, and shall be finalized within 30 days from 


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1 the date of notice of initiation of a NEPA process. 

2 The Memorandum of Understanding shall include— 

3 (A) the respective roles and responsibilities 

4 of the Tribe and the Federal lead agency in the 

5 NEPA process; 

6 (B) mechanisms for dispute resolution; and 

7 (C) a requirement that environmental im8 pact statements shall discuss any inconsistency 

9 of a proposed action with any plan or environ10 mental requirement of the Tribe (whether or 

11 not federally sanctioned). Where such an incon12 sistency exists, the statement shall describe— 

13 (i) the extent to which the agency 

14 would reconcile its proposed action with 

15 the plan or environmental requirement; 

16 and 

17 (ii) what mitigation measures are 

18 being imposed to lessen adverse environ19 mental impacts of the proposal identified 

20 by the Tribe. 

21 (2) If the Memorandum of Understanding is 

22 not executed in the 30-day period, or an additional 

23 time period as agreed to by the Tribe and the Fed24 eral lead agency, or is terminated, the Tribe shall 


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1 have the option of participating as a cooperating 

2 agency in the NEPA process. 

3 (b) COOPERATING AGENCY.—At the Tribe’s option, 

4 the Tribe shall act as a cooperating agency for major Fed5 eral actions within the area depicted on the map titled 

6 ‘‘Klamath and Redwood Creek Watersheds’’ dated Decem7 ber 7, 2016. 

8 (c) NO LIMITATION ON EXISTING AUTHORITY.— 

9 Nothing in this section shall limit the Tribe or any other 

10 federally recognized Indian tribe’s ability to participate in 

11 any NEPA process as a joint lead agency or a cooperating 

12 agency. 

13 (d) COOPERATIVE AGREEMENTS WITH THE

14 TRIBE.— 

15 (1) REDWOOD NATIONAL PARK.—The Secretary 

16 shall enter into a cooperative agreement with the 

17 Tribe for system unit natural resource protection for 

18 the purpose of protecting natural resources of Red19 wood National Park pursuant to section 101702 of 

20 title 54, United States Code. 

21 (2) FOREST SERVICE.—The Secretary of Agri22 culture shall enter into a cooperative agreement with 

23 the Tribe that will include, but is not limited to, pro24 visions that implement section 4. 


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

2 considered a State or local government agency for 

3 purposes of section 101703 of title 54, United 

4 States Code, and the Secretary shall enter into a co5 operative management agreement with the Tribe 

6 pursuant to that section. 

7 (4) CONFIRMATION AND AUTHORIZATION OF

8 COOPERATIVE AGREEMENT RELATED TO THE KLAM9 ATH RIVER BASIN.—The 2006 ‘‘Cooperative Agree10 ment between the Department of the Interior and 

11 the Yurok Tribe for the Cooperative Management of 

12 Tribal and Federal Lands and Resources in the 

13 Klamath River Basin of California’’ is confirmed 

14 and the Secretary is authorized to take such actions 

15 as are necessary to effectuate the agreement. 

16 (e) SELF-GOVERNANCE AGREEMENTS.—Federal 

17 agencies, as appropriate, shall negotiate in good faith self18 governance agreements pursuant to the Indian Self-Deter19 mination and Education Assistance Act of 1975 (25 

20 U.S.C. 450–458bbb2). Program functions, services, and 

21 activities or portions thereof carried out by the National 

22 Park Service on Federal land within the Revised Yurok 

23 Reservation shall be included in a contract or compact to 

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

25 Self-Determination and Education Assistance Act. 


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1 SEC. 4. LAND TO BE HELD IN TRUST FOR THE TRIBE. 

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

3 rights the Secretary of Agriculture shall transfer to the 

4 Secretary of the Interior administrative jurisdiction over 

5 approximately 1,229 acres in the Yurok Experimental 

6 Forest administered by the Forest Service and as gen7 erally depicted on the map entitled ‘‘USFS Lands To Be 

8 Transferred To the Yurok Tribe’’ and dated December 7, 

9 2016. The map shall be on file and available for public 

10 inspection in the appropriate offices of the Forest Service. 

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

12 shall hold the land under subsection (a) in trust for the 

13 benefit of the Tribe. 

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

15 Tribe shall develop a Tribal Land Use Management Plan 

16 in accordance with NEPA requirements for the 1,229 

17 acres depicted on the map entitled ‘‘USFS Lands To Be 

18 Transferred To the Yurok Tribe’’ and dated December 7, 

19 2016. 

20 (d) GOVERNMENT-TO-GOVERNMENT AGREE21 MENTS.—Within one year of enactment of this Act, the 

22 Secretary of Agriculture and the Tribe shall enter into 

23 government-to-government consultations and shall develop 

24 protocols to ensure that research activities of the Forest 

25 Service on lands taken into trust in this section shall con26 tinue in perpetuity. The Forest Service shall be authorized 


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1 to enter into cooperative agreements with the Tribe for 

2 the purpose of implementing this section. 

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

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

5 shall complete a survey to establish the exterior bound6 aries of the land taken into trust for the Tribe under this 

7 section. 

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

9 under subsection (a) shall— 

10 (1) be managed by the Tribe for conservation 

11 and research purposes; 

12 (2) not be eligible or used for any gaming activ13 ity carried out under the Indian Gaming Regulatory 

14 Act (25 U.S.C. 2701 et seq.); and 

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

16 SEC. 5. YUROK RESERVATION BOUNDARY ADJUSTMENT. 

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

18 boundary of the Yurok Reservation as depicted on the map 

19 entitled ‘‘Revised Yurok Reservation Boundary’’ and 

20 dated December 7, 2016, copies of which shall be on file 

21 and available for public inspection in the appropriate of22 fices of the Bureau of Indian Affairs. 

23 (b) LAND MANAGEMENT.—Subject to the require24 ments of sections 3 and 4— 


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1 (1) all National Forest System land within the 

2 revised Yurok Reservation shall continue to be ad3 ministered by the Forest Service in accordance with 

4 applicable laws and regulations; and 

5 (2) all National Park System land within the 

6 revised Yurok Reservation shall continue to be ad7 ministered by the National Park Service in accord8 ance with applicable laws and regulations. 

9 SEC. 6. YUROK SCENIC BYWAY DESIGNATION. 

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

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

12 to its terminus on the Klamath River shall be designated 

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

14 byway, and the Tribe shall be eligible for appropriate 

15 grants and technical assistance as authorized in section 

16 162(b) of title 23, United States Code. 

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

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

19 Interior shall permit, continued access and use of the Bald 

20 Hills Road in accordance with section 101(a)(4) of the 

21 Redwood National Park Expansion Act of 1978 (92 Stat. 

22 163). 


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1 SEC. 7. CONFIRMATION OF GOVERNING BODY AND DOCU2 MENTS. 

3 The governing documents of the Tribe and the gov4 erning body established and elected thereunder, as recog5 nized by the Secretary and in effect on the date of the 

6 enactment of this Act, are hereby ratified and confirmed 

7 and shall only have effect within the revised Yurok Res8 ervation. No inference shall be made by this section as 

9 to outside the revised Yurok Reservation. 

Æ 


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