I 

111TH CONGRESS 

1ST SESSION H. R. 2678 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2009 

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

Committee on Natural 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 

8 Treaty of Point Elliott, which guaranteed fishing 

9 rights and reservations to all tribes represented by 

10 the Native signatories. 


jbell on PROD1PC69 with BILLS
2 

•HR 2678 IH

1 (2) The Duwamish signatory was their Chief, 

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

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

4 ratified by Congress. However, the promises made 

5 by the United States in the treaty were never ful6 filled as to the Duwamish Tribe or its members. 

7 (4) In 1925, the Duwamish Tribe officially 

8 adopted its constitution and bylaws. 

9 (5) The Duwamish Tribe filed suit before the 

10 Indian Claims Commission for the value of its lands 

11 taken without compensation and a $62,000 judg12 ment ultimately was awarded to the Duwamish. The 

13 settlement was eventually distributed per capita at 

14 $64 per person to the Duwamish people. 

15 (6) In 1976, the Duwamish Tribe first sub16 mitted a petition for Federal recognition to the Sec17 retary of the Interior. That petition subsequently 

18 was returned to the tribe for revision due to changes 

19 in regulations governing the administrative Federal 

20 acknowledgment process. 

21 (7) In 1988, the Duwamish Tribe submitted its 

22 completed petition for Federal recognition. 

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

24 Tribe received a negative preliminary determination. 


jbell on PROD1PC69 with BILLS
3 

•HR 2678 IH

1 In response, the tribe addressed the identified prob2 lems in its final submission of October 21, 1998. 

3 (9) On January 19, 2001, the Duwamish Tribe 

4 received a favorable determination for Federal rec5 ognition from the Assistant Secretary of the Interior 

6 for Indian Affairs. 

7 (10) On September 26, 2001, the new Assistant 

8 Secretary for Indian Affairs unilaterally reversed the 

9 January 19, 2001, decision and rejected the 

10 Duwamish petition for recognition. 

11 (11) On January 4, 2002, the Interior Board of 

12 Indian Appeals referred several questions raised by 

13 the circumstances of the administrative reversal to 

14 the Secretary of the Interior along with directions to 

15 decide whether to request further reconsideration by 

16 the Assistant Secretary for Indian Affairs in light of 

17 those questions. 

18 (12) On May 8, 2002, the Secretary of the In19 terior refused to refer the Duwamish petition back 

20 to the Assistant Secretary for Indian Affairs for fur21 ther consideration. 

22 (13) Nearly 150 years after the Duwamish 

23 Tribe signed the Point Elliott Treaty, the Duwamish 

24 people still seek the recognition which was estab25 lished by the treaty. 


jbell on PROD1PC69 with BILLS
4 

•HR 2678 IH

1 SEC. 2. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

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

5 enrolled member of the Duwamish Tribe, as of the 

6 date of the enactment of this Act, or an individual 

7 who has been placed on the membership rolls in ac8 cordance with this Act. 

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

10 the Secretary of the Interior. 

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

12 Duwamish Tribe. 

13 SEC. 3. FEDERAL RECOGNITION. 

14 Federal recognition is hereby extended to the 

15 Duwamish Tribe. All laws and regulations of the United 

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

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

18 (25 U.S.C. 461 et seq.), which are not inconsistent with 

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

20 the Tribe and its members. 

21 SEC. 4. FEDERAL SERVICES AND BENEFITS. 

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

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

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

25 Government to federally recognized tribes without regard 

26 to the existence of a reservation for the Tribe or the locaVerDate Nov 24 2008 05:20 Jun 04, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2678.IH H2678

jbell on PROD1PC69 with BILLS
5 

•HR 2678 IH

1 tion of the residence of any member on or near any Indian 

2 reservation. 

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

4 Federal services to enrolled members of the Tribe, the 

5 Tribe’s service area shall consist of the following: King 

6 County, Kitsap County, Pierce County, Lewis County, and 

7 Mason County. 

8 SEC. 5. MEMBERSHIP. 

9 Not later than 9 months after the date of the enact10 ment of this Act, the Tribe shall submit to the Secretary 

11 a membership roll consisting of all individuals enrolled in 

12 the Tribe. The qualifications for inclusion on the member13 ship roll of the Tribe shall be determined by the member14 ship clauses in the Tribe’s governing document, in con15 sultation with the Secretary. Upon completion of the roll, 

16 the Secretary shall immediately publish notice of the roll 

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

18 roll is maintained and kept current. 

19 SEC. 6. CONSTITUTION AND GOVERNING BODY. 

20 (a) CONSTITUTION.— 

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

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

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

24 a constitution and bylaws for the Tribe. 


jbell on PROD1PC69 with BILLS
6 

•HR 2678 IH

1 (2) INTERIM GOVERNING DOCUMENTS.—Until 

2 such time as a new constitution is adopted under 

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

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

5 interim governing documents for the Tribe which 

6 were submitted to the Department of the Interior 

7 during the acknowledgment petition process. 

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

9 Tribe adopts a constitution and bylaws pursuant to sub10 section (a), the Tribe shall elect a governing body in ac11 cordance with the procedures set forth in its constitution 

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

13 elected, the governing body of the Tribe shall be the gov14 erning body selected under the election procedures speci15 fied in the interim governing documents of the Tribe. 

16 SEC. 7. LAND IN TRUST. 

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

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

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

20 in and to any land within the Tribe’s service area identi21 fied under section 4(b) or land identified under subsection 

22 (b) as its aboriginal homelands to the Secretary, the Sec23 retary shall take such land into trust for the benefit of 

24 the Tribe. 


jbell on PROD1PC69 with BILLS
7 

•HR 2678 IH

1 (b) IDENTIFICATION OF ABORIGINAL LANDS.—Not 

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

3 Act, the Secretary of the Interior and the Secretary of Ag4 riculture shall identify those lands which shall be consid5 ered the aboriginal homelands of the Tribe for the pur6 poses of subsection (a). 

7 (c) NO FEDERAL LIABILITY ON TRUST ACCEPT8 ANCE.—Notwithstanding any other provision of law, the 

9 United States should not incur any liability for conditions 

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

Æ 


jbell on PROD1PC69 with BILLS