I 

111TH CONGRESS 

1ST SESSION H. R. 2576 

To restore Federal recognition to the Chinook Nation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 21, 2009 

Mr. BAIRD introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Ways and 

Means, 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 restore Federal recognition to the Chinook Nation, 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 ‘‘Chinook Nation Restoration Act’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) The Chinook Nation made a significant con8 tribution to the historic journey of Meriwether Lewis 

9 and William Clark to the Pacific Ocean by greeting 


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1 the expedition and their company as well as trading 

2 with them throughout the winter of 1805–1806. 

3 (2) The United States subsequently recognized 

4 the Chinook Nation as an Indian tribe in the Anson 

5 Dart (Tansy Point) Treaty of 1851, and the Isaac 

6 Stevens (Chehalis River) Treaty of 1855, but neither 

7 treaty was ratified, resulting in serious harm to the 

8 Chinook people. 

9 (3) As a result of the failure of the United 

10 States to protect the Chinook Nation and people, the 

11 Chinooks lost their historic lands on the Columbia 

12 River, and a great number of them succumbed to 

13 poverty and disease in the 19th century. 

14 (4) It was the intent of Congress in the Act of 

15 March 4, 1911 (36 Stat. 1345), to provide restitu16 tion to the Chinook people in the form of allotments 

17 of land on existing Indian reservations, which the 

18 Supreme Court of the United States upheld in 

19 Halbert v. United States (283 U.S. 753 (1931)). 

20 (5) Congress named four of the five tribes of 

21 the Chinook Nation, the Lower Chinook, 

22 Wahkiakum, Cathlamet, and Clatsop, in the Western 

23 Oregon Termination Act of 1954, and this Act is the 

24 only basis for termination of the Federal relationship 

25 with the Tribe. 


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1 (6) The Chinook Nation has remained active on 

2 the Lower Columbia River and Willapa Bay in the 

3 vicinity of the reservation area of the Tansy Point 

4 Treaty and is well-known to neighboring tribes and 

5 other communities. 

6 (7) The Chinook people have survived and 

7 maintained their language, Chinookwawa, and cul8 ture despite decades of neglect by the United States. 

9 (8) With different Administrations disagreeing 

10 about the legal status of the Chinook Nation, it is 

11 time for Congress to restore the Chinook Nation to 

12 Federal tribal status. 

13 SEC. 2. DEFINITIONS. 

14 For the purposes of this Act, the following definitions 

15 apply: 

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

17 enrolled member of the Chinook Nation as of the 

18 date of enactment of this Act, or an individual who 

19 has been placed on the membership role in accord20 ance with this Act. 

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

22 the Secretary of the Interior. 

23 (3) TRIBE.—The term ‘‘Tribe’’ means the Chi24 nook Indian Nation, composed of the Lower ChiVerDate Nov 24 2008 00:06 May 27, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2576.IH H2576

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1 nook, Wahkiakum, Cathlamet, Clatsop, and Willapa 

2 Tribes. 

3 (4) STATE.—The term ‘‘State’’ means the State 

4 of Washington. 

5 (5) STATE TERRITORIAL WATERS.—The term 

6 ‘‘State territorial waters’’ means all waters within 

7 the territorial limits of the State of Washington. 

8 SEC. 3. FEDERAL RECOGNITION. 

9 Federal recognition is hereby extended to the Chi10 nook Indian Nation. Except as otherwise provided in this 

11 Act, all laws and regulations of the United States of gen12 eral application to Indians, and nations, tribes, or bands 

13 of Indians, including the Act of June 18, 1934 (25 U.S.C. 

14 461 et seq.), that are not inconsistent with any specific 

15 provision of this Act shall be applicable to the Tribe and 

16 its members. 

17 SEC. 4. FEDERAL SERVICES AND BENEFITS. 

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

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

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

21 Government to federally recognized tribes without regard 

22 to the existence of a reservation for the Tribe or the loca23 tion of the residence of any member on or near any Indian 

24 reservation. 


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

2 Federal services to enrolled members of the Tribe, the 

3 Tribe’s service area shall consist of Pacific, Wahkiakum, 

4 Cowlitz, and Clark Counties, Washington, and Clatsop 

5 and Columbia Counties, Oregon. 

6 (c) CIVIL JURISDICTION.—Upon approval of the con7 stitution and bylaws pursuant to section 6 of this Act, the 

8 Nation shall exercise jurisdiction over all its members who 

9 reside within the service area located in the State in mat10 ters pursuant to the Indian Child Welfare Act of 1978 

11 (25 U.S.C. 1901 et seq.) as if the members were residing 

12 upon a reservation as defined in that Act. 

13 SEC. 5. MEMBERSHIP. 

14 Not later than 9 months after the date of the enact15 ment of this Act, the Tribe shall submit to the Secretary 

16 a membership roll consisting of all individuals enrolled in 

17 the Tribe. 

18 SEC. 6. CONSTITUTION AND GOVERNING BODY. 

19 (a) CONSTITUTION.— 

20 (1) ADOPTION.—Not later than 1 year after the 

21 date of the enactment of this Act, the Tribe shall 

22 conduct, by secret ballot, an election to adopt a con23 stitution and bylaws for the Tribe. 

24 (2) INTERIM GOVERNING DOCUMENTS.—Until 

25 such time as a new constitution is adopted under 


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1 this section, the governing documents in effect on 

2 the date of the enactment of the Act shall be the in3 terim governing documents for the Tribe most re4 cently submitted to the Department of the Interior. 

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

6 Tribe adopts a constitution and bylaws pursuant to this 

7 section, the Tribe shall elect a governing body in accord8 ance with the procedures set forth in its constitution and 

9 bylaws. Until such time as a new governing body is elect10 ed, the governing body of the Tribe shall be the governing 

11 body selected under the election procedures specified in 

12 the interim governing documents of the Tribe. 

13 SEC. 7. LAND IN TRUST. 

14 (a) REQUIREMENT TO TAKE LAND IN TRUST.—If 

15 the Tribe transfers all right, title, and interest in and to 

16 any land to the Secretary, the Secretary shall take such 

17 land in trust for the benefit of the Tribe, subject to sub18 section (c). This subsection does not limit the authority 

19 of the Secretary to take land in trust under the Indian 

20 Reorganization Act. 

21 (b) PLAN FOR ESTABLISHMENT OF RESERVATION.— 

22 (1) IN GENERAL.—The Secretary shall— 

23 (A) negotiate with the tribal governing 

24 body with respect to establishing a reservation 

25 for the Tribe; and 


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1 (B) not later than two years after the date 

2 of enactment of this Act, develop a plan for es3 tablishment of a reservation. 

4 (2) CONSULTATION WITH STATE AND LOCAL

5 OFFICIALS REQUIRED.—To assure that legitimate 

6 State and local interests are not prejudiced by the 

7 proposed establishment of the reservation, the Sec8 retary shall notify and consult with all appropriate 

9 officials of the State and all owners of land adjacent 

10 to lands considered for the proposed reservation in 

11 developing any plan under this subsection. The Sec12 retary shall provide complete information on the pro13 posed plan to such officials, including the restric14 tions imposed by subsection (c). During any con15 sultation by the Secretary under this subsection, the 

16 Secretary shall provide such information as the Sec17 retary possesses and request comments and addi18 tional information on the following subjects: 

19 (A) The size and location of the proposed 

20 reservation. 

21 (B) The anticipated effect of the establish22 ment of the proposed reservation on State and 

23 local expenditures and tax revenues. 


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1 (C) The extent of any State or local service 

2 to the Tribe, the reservation, or members after 

3 the establishment of the proposed reservation. 

4 (D) The extent of Federal services to be 

5 provided in the future to the Tribe, the reserva6 tion, or members. 

7 (E) The extent of service to be provided in 

8 the future by the Tribe to members resident on 

9 or off the reservation. 

10 (3) RESTRICTIONS ON PLAN.—A plan developed 

11 pursuant to this subsection shall be in accordance 

12 with subsection (c). 

13 (4) SUBMISSION OF PLAN.— 

14 (A) SUBMISSION TO CONGRESS.—Upon the 

15 approval by the tribal governing body of the 

16 plan developed pursuant to this subsection (and 

17 after consultation with interested parties pursu18 ant to paragraph (2)), the Secretary shall sub19 mit the plan to the Clerk of the House of Rep20 resentatives and the Secretary of the Senate for 

21 distribution to the committees of the respective 

22 Houses of Congress with jurisdiction over the 

23 subject matter. 


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1 (B) APPENDIX TO PLAN.—The Secretary 

2 shall append to the plan submitted to Congress 

3 under this subsection a detailed statement— 

4 (i) describing the manner in which the 

5 Secretary notified all interested parties in 

6 accordance with this subsection; 

7 (ii) naming each individual and offi8 cial consulted in accordance with this sub9 section; 

10 (iii) summarizing the testimony re11 ceived by the Secretary pursuant to any 

12 such consultation; and 

13 (iv) including any written comments 

14 or reports submitted to the Secretary by 

15 any party named pursuant to clause (ii). 

16 (c) RESTRICTIONS ON LAND TAKEN IN TRUST.— 

17 (1) Any real property transferred by the Tribe 

18 or any member to the Secretary shall be taken and 

19 held in the name of the United States for the benefit 

20 of the Tribe. 

21 (2) The Secretary shall not accept any real 

22 property in trust for the benefit of the Tribe that is 

23 not located within the political boundaries of Pacific, 

24 Wahkiakum, or Cowlitz County, Washington. 


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1 (3) Any real property taken in trust by the Sec2 retary for the benefit of the Tribe shall be— 

3 (A) subject to— 

4 (i) all legal rights and interests in 

5 such land existing at the time of acquisi6 tion of such land by the Secretary, includ7 ing any lien, mortgage, or previously levied 

8 and outstanding State or local tax; and 

9 (ii) foreclosure or sale in accordance 

10 with the laws of the State pursuant to the 

11 terms of any valid obligations in existence 

12 at the time of the acquisition of such land 

13 by the Secretary; and 

14 (B) exempt from Federal, State, and local 

15 taxation of any kind. 

16 (4) Any privately owned lands acquired by the 

17 Tribe or its members to be taken in trust by the 

18 Secretary for the benefit of the Tribe shall be ac19 quired on a willing-seller, willing-buyer basis. 

20 (5) No eminent domain authority may be exer21 cised for the purposes of acquiring lands for the ben22 efit of the Tribe. 


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1 SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT 

2 RESTORED. 

3 (a) IN GENERAL.—No nonceremonial fishing, hunt4 ing, or trapping rights of any nature of the Tribe or of 

5 any member of the Tribe, including any indirect or proce6 dural right or advantage over individuals who are not 

7 members, are granted or restored under this Act. Ceremo8 nial hunting and fishing rights (not to include whaling) 

9 shall be allowed in the area in which the Tribe has histori10 cally hunted or fished, in Pacific and Wahkiakum Coun11 ties, Washington. 

12 (b) CEREMONIAL HUNTING AND FISHING.— 

13 (1) DEFINED.—Ceremonial hunting and fishing 

14 includes traditional occasions on which the tribe has 

15 traditionally fished, including— 

16 (A) the First Salmon ceremony, which 

17 takes place annually on the third Friday of 

18 June; 

19 (B) the Winter Gathering, which takes 

20 place annually on the third Saturday of Janu21 ary; and 

22 (C) the funerals of certain tribal members, 

23 to be determined in the tribe’s constitution. 

24 (2) TIME PERIOD.—Ceremonial hunting and 

25 fishing may take place for up to 3 calendar days 


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1 during the week preceding the ceremonies referred 

2 to in paragraph (1). 

3 (c) PERMITS.—The director of the Washington De4 partment of Fish and Wildlife— 

5 (1) may issue permits to members of the Chi6 nook Nation to take fish for ceremonial purposes; 

7 (2) shall establish the areas in which the per8 mits are valid; and 

9 (3) shall regulate the times for and manner of 

10 taking the fish, and the allocations from which they 

11 will be taken. 

12 (d) RULES AND REGULATIONS.—To assure that cere13 monial fishing is consistent with the Tribe’s historic cus14 toms and traditions, any member of the Tribe who wishes 

15 to take part in ceremonial fishing, must do so pursuant 

16 to— 

17 (1) any rules or regulations put forth by the 

18 Washington Department of Fish and Wildlife with 

19 respect to Indian ceremonial fishing; and 

20 (2) any rules or regulations put forth by the 

21 Washington Department of Fish and Wildlife, or by 

22 the Washington Administrative Code, with regard to 

23 the commercial and recreational allocations. 

24 (e) ALLOCATION.—Fish taken for ceremonial pur25 poses will be drawn from the commercial and recreational 


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1 allocations as designated by the Washington Department 

2 of Fish and Wildlife. 

3 (f) NO COMMERCIAL RIGHTS.—Nothing in this sec4 tion shall be construed to create a right to fish commer5 cially. 

6 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to carry out 

8 this Act, $2,000,000 for fiscal year 2010, $3,000,000 for 

9 fiscal year 2011, and $4,000,000 for fiscal year 2012. 

Æ 


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