I 

108TH CONGRESS 

2D SESSION H. R. 4362

To authorize the Secretary of the Interior to accept a parcel of Federal 

land in the State of Washington in trust for the Nisqually Tribe, to 

ensure that the acceptance of such land does not adversely affect the 

Bonneville Power Administration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2004

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Resources, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To authorize the Secretary of the Interior to accept a parcel 

of Federal land in the State of Washington in trust 

for the Nisqually Tribe, to ensure that the acceptance 

of such land does not adversely affect the Bonneville 

Power Administration, 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,
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1 SECTION 1. ACCEPTANCE OF ADDITIONAL TRUST LANDS 

2 ON BEHALF OF NISQUALLY TRIBE, WASH3 INGTON. 

4 (a) AUTHORITY TO ACCEPT.—The Secretary of the 

5 Interior may accept, in trust for the Nisqually Tribe, a 

6 federally recognized Indian tribe whose tribal lands are lo7 cated within the State of Washington, all right, title, and 

8 interest of the United States in and to two parcels of real 

9 property, including any improvements thereon, consisting 

10 of approximately 168 acres at Fort Lewis, Washington. 

11 The acceptance by the Secretary of the parcels in trust 

12 for the Nisqually Tribe shall be in lieu of conveyance of 

13 the parcels directly to the tribe under section 2837 of the 

14 Military Construction Authorization Act for Fiscal Year 

15 2002 (division B of Public Law 107–107; 115 Stat. 1315). 

16 (b) CONSIDERATION.—As consideration for the real 

17 property described in subsection (a), the Nisqually Tribe 

18 shall continue to comply with subsection (b) of such sec19 tion 2837, except that the fee title acquired by the tribe 

20 and conveyed under such subsection must be free from all 

21 liens, encumbrances or other interests, other than those, 

22 if any, acceptable to the recipient. 

23 (c) TREATMENT OF EXISTING PERMIT RIGHTS; 

24 GRANT OF EASEMENT.—(1) The acceptance of real prop25 erty in trust for the Nisqually Tribe under subsection (a) 

26 shall recognize and preserve to the Bonneville Power Ad-
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1 ministration, in perpetuity and without the right of rev2 ocation except as provided in paragraph (2), rights in ex3 istence at the time of the conveyance under the permit 

4 dated February 4, 1949, as amended January 4, 1952, 

5 between the Department of the Army and the Bonneville 

6 Power Administration with respect to any portion of the 

7 property described in subsection (a) upon which the Bon8 neville Power Administration retains transmission facili9 ties. The rights recognized and preserved include the right 

10 to upgrade those transmission facilities. 

11 (2) The permit rights recognized and preserved under 

12 paragraph (1) shall terminate only upon the Bonneville 

13 Power Administration’s relocation of the transmission fa14 cilities referred to in paragraph (1), and then only with 

15 respect to that portion of those transmission facilities that 

16 are relocated. 

17 (3) The Secretary of the Interior, as trustee for the 

18 Nisqually Tribe, shall grant to the Bonneville Power Ad19 ministration, without consideration and subject to the 

20 same rights recognized and preserved in paragraph (1), 

21 such additional easements across the property described 

22 in subsection (a) as the Bonneville Power Administration 

23 considers necessary to accommodate the relocation or re24 connection of Bonneville Power Administration trans-
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1 mission facilities from property owned by the Tribe and 

2 held by the Secretary of the Interior in trust for the Tribe.

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