I 

108TH CONGRESS 

1ST SESSION H. R. 477

To extend Federal recognition to the Duwamish Tribe, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 29, 2003

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

Committee on Resources 

A BILL

To extend Federal recognition to the Duwamish 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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Duwamish Tribal Recognition Act’’. 

6 (b) FINDINGS. Congress finds the following: 

7 (1) In 1855, the Duwamish Tribe signed the Treaty 

8 of Point Elliott, which guaranteed fishing rights and res9 ervations to all tribes represented by the Native signato10 ries. 
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1 (2) The Duwamish signatory was their Chief, Chief 

2 Si’ahl, for whom the City of Seattle is named. 

3 (3) In 1859, the Treaty of Point Elliott was ratified 

4 by Congress. However, the promises made by the United 

5 States in the treaty were never fulfilled as to the 

6 Duwamish Tribe or its members. 

7 (4) In 1925, the Duwamish Tribe officially adopted 

8 its constitution and bylaws. 

9 (5) The Duwamish Tribe filed suit before the Indian 

10 Claims Commission for the value of its lands taken with11 out compensation and a $62,000 judgment ultimately was 

12 awarded to the Duwamish. The settlement was eventually 

13 distributed per capita at $64 per person to the Duwamish 

14 people. 

15 (6) In 1976, the Duwamish Tribe first submitted a 

16 petition for Federal recognition to the Secretary of the In17 terior. That petition subsequently was returned to the 

18 tribe for revision due to changes in regulations governing 

19 the administrative federal acknowledgment process. 

20 (7) In 1988, the Duwamish Tribe submitted its com21 pleted petition for Federal recognition. 

22 (8) In 1996, after years of delay, the Duwamish 

23 Tribe received a negative preliminary determination. In re24 sponse, the tribe addressed the identified problems in its 

25 final submission of October 21, 1998. 
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1 (9) On January 19, 2001, the Duwamish Tribe re2 ceived a favorable determination for federal recognition 

3 from the Assistant Secretary of the Interior for Indian Af4 fairs. 

5 (10) On September 26, 2001, the new Assistant Sec6 retary for Indian Affairs unilaterally reversed the January 

7 19, 2001, decision and rejected the Duwamish petition for 

8 recognition. 

9 (11) On January 4, 2002, the Interior Board of In10 dian Appeals referred several questions raised by the cir11 cumstances of the administrative reversal to the Secretary 

12 of the Interior along with directions to decide whether to 

13 request further reconsideration by the Assistant Secretary 

14 for Indian Affairs in light of those questions. 

15 (12) On May 8, 2002, the Secretary of the Interior 

16 refused to refer the Duwamish petition back to the Assist17 ant Secretary for Indian Affairs for further consideration. 

18 (13) Nearly 150 years after the Duwamish Tribe 

19 signed the Point Elliott Treaty, the Duwamish people still 

20 seek the recognition which was established by the treaty. 

21 SEC. 2. DEFINITIONS. 

22 For the purposes of this Act, the following definitions 

23 apply: 

24 (1) MEMBER.—The term ‘‘member’’ means an 

25 enrolled member of the Duwamish Tribe, as of the 
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1 date of the enactment of this Act, or an individual 

2 who has been placed on the membership roles in ac3 cordance with this Act. 

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

5 the Secretary of the Interior. 

6 (3) TRIBE.—The term ‘‘Tribe’’ means the 

7 Duwamish Tribe. 

8 SEC. 3. FEDERAL RECOGNITION. 

9 Federal recognition is hereby extended to the 

10 Duwamish Tribe. All laws and regulations of the United 

11 States of general application to Indians, or nations, tribes, 

12 or band of Indians, including the Act of June 18, 1934 

13 (25 U.S.C. 461 et seq.) which are not inconsistent with 

14 any specific provision of this Act, shall be applicable to 

15 the Tribe and its members. 

16 SEC. 4. FEDERAL SERVICES AND BENEFITS. 

17 (a) IN GENERAL.—The Tribe and its members shall 

18 be eligible, on and after the date of the enactment of this 

19 Act, for all services and benefits provided by the Federal 

20 Government to federally recognized tribes without regard 

21 to the existence of a reservation for the Tribe or the loca22 tion of the residence of any member on or near any Indian 

23 reservation. 

24 (b) SERVICE AREA.—For purposes of the delivery of 

25 Federal services to enrolled members of the Tribe, the 
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1 Tribe’s service area shall consist of the following: King 

2 County, Kitsap County, Pierce County, Lewis County, and 

3 Mason County. 

4 SEC. 5. MEMBERSHIP. 

5 Not later than 9 months after the date of the enact6 ment of this Act, the Tribe shall submit to the Secretary 

7 a membership roll consisting of all individuals enrolled in 

8 the Tribe. The qualifications for inclusion on the member9 ship roll of the Tribe shall be determined by the member10 ship clauses in the Tribe’s governing document, in con11 sultation with the Secretary. Upon completion of the roll, 

12 the Secretary shall immediately publish notice of the roll 

13 in the Federal Register. The Tribe shall ensure that such 

14 roll is maintained and kept current. 

15 SEC. 6. CONSTITUTION AND GOVERNING BODY. 

16 (a) CONSTITUTION.—

17 (1) ADOPTION.—Not later than 9 months after 

18 the date of the enactment of this Act, the Tribe 

19 shall conduct, by secret ballot, an election to adopt 

20 a constitution and bylaws for the Tribe. 

21 (2) INTERIM GOVERNING DOCUMENTS.—Until 

22 such time as a new constitution is adopted under 

23 paragraph (1), the governing documents in effect on 

24 the date of the enactment of this Act shall be the 

25 interim governing documents for the Tribe which 
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1 were submitted to the Department of the Interior 

2 during the acknowledgment petition process. 

3 (b) OFFICIALS.—Not later than 6 months after the 

4 Tribe adopts a constitution and bylaws pursuant to sub5 section (a), the Tribe shall elect a governing body in ac6 cordance with the procedures set forth in its constitution 

7 and bylaws. Until such time as a new governing body is 

8 elected, the governing body of the Tribe shall be the gov9 erning body selected under the election procedures speci10 fied in the interim governing documents of the Tribe. 

11 SEC. 7. LAND IN TRUST. 

12 (a) REQUIREMENT TO TAKE LAND INTO TRUST.—

13 If, not later than 10 years after the date of the enactment 

14 of this Act, the Tribe transfers all right, title, and interest 

15 in and to any land within the Tribe’s service area identi16 fied under section 4(b) or land identified under subsection 

17 (b) as its aboriginal homelands to the Secretary, the Sec18 retary shall take such land into trust for the benefit of 

19 the Tribe. 

20 (b) IDENTIFICATION OF ABORIGINAL LANDS.—Not 

21 later than 10 years after the date of the enactment of this 

22 Act, the Secretary of the Interior and the Secretary of Ag23 riculture shall identify those lands which shall be consid24 ered the aboriginal homelands of the Tribe for the pur25 poses of subsection (a). 
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1 (c) NO FEDERAL LIABILITY ON TRUST ACCEPT2 ANCE.—Notwithstanding any other provision of law, the 

3 United States should not incur any liability for conditions 

4 on any parcels of land taken into trust under this section.

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