IB 

Union Calendar No. 346

108TH CONGRESS 

2D SESSION H. R. 4362

[Report No. 108–582, Part I] 

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 

JULY 6, 2004

Reported from the Committee on Resources 

JULY 6, 2004

Referral to the Committee on Armed Services extended for a period ending 

not later than July 6, 2004

JULY 6, 2004

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

A BILL

To authorize the Secretary of the Interior to accept a parcel 

of Federal land in the State of Washington in trust 
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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,

3 SECTION 1. ACCEPTANCE OF ADDITIONAL TRUST LANDS 

4 ON BEHALF OF NISQUALLY TRIBE, WASH5 INGTON. 

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

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

8 federally recognized Indian tribe whose tribal lands are lo9 cated within the State of Washington, all right, title, and 

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

11 property, including any improvements thereon, consisting 

12 of approximately 168 acres at Fort Lewis, Washington. 

13 The acceptance by the Secretary of the parcels in trust 

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

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

16 Military Construction Authorization Act for Fiscal Year 

17 2002 (division B of Public Law 107–107; 115 Stat. 1315). 

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

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

20 shall continue to comply with subsection (b) of such sec21 tion 2837, except that the fee title acquired by the tribe 

22 and conveyed under such subsection must be free from all 
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1 liens, encumbrances or other interests, other than those, 

2 if any, acceptable to the recipient. 

3 (c) TREATMENT OF EXISTING PERMIT RIGHTS; 

4 GRANT OF EASEMENT.—(1) The acceptance of real prop5 erty in trust for the Nisqually Tribe under subsection (a) 

6 shall recognize and preserve to the Bonneville Power Ad7 ministration, in perpetuity and without the right of rev8 ocation except as provided in paragraph (2), rights in ex9 istence at the time of the conveyance under the permit 

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

11 between the Department of the Army and the Bonneville 

12 Power Administration with respect to any portion of the 

13 property described in subsection (a) upon which the Bon14 neville Power Administration retains transmission facili15 ties. The rights recognized and preserved include the right 

16 to upgrade those transmission facilities. 

17 (2) The permit rights recognized and preserved under 

18 paragraph (1) shall terminate only upon the Bonneville 

19 Power Administration’s relocation of the transmission fa20 cilities referred to in paragraph (1), and then only with 

21 respect to that portion of those transmission facilities that 

22 are relocated. 

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

24 Nisqually Tribe, shall grant to the Bonneville Power Ad25 ministration, without consideration and subject to the 
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1 same rights recognized and preserved in paragraph (1), 

2 such additional easements across the property described 

3 in subsection (a) as the Bonneville Power Administration 

4 considers necessary to accommodate the relocation or re5 connection of Bonneville Power Administration trans6 mission facilities from property owned by the Tribe and 

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

Union Calendar No. 346

108TH CONGRESS 

2D SESSION H. R. 4362

[Report No. 108–582, Part I] 

A BILL

To authorize the Secretary of the Interior to accept 

tion, and for other purposes. versely affect the Bonneville Power Administrathat the acceptance of such land does not adington in trust for the Nisqually Tribe, to ensure a parcel of Federal land in the State of WashJULY 6, 2004

Reported from the Committee on Resources 

Referral to the Committee on Armed Services extended 

for a period ending not later than July 6, 2004

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of