I 

111TH CONGRESS 

1ST SESSION H. R. 3084 

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

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

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

on Natural Resources 

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 

10 the expedition and their company as well as trading 

11 with them throughout the winter of 1805–1806. 


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1 (2) The United States subsequently recognized 

2 the Chinook Nation as an Indian tribe in the Anson 

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

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

5 treaty was ratified, resulting in serious harm to the 

6 Chinook people. 

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

8 States to protect the Chinook Nation and people, the 

9 Chinooks lost their historic lands on the Columbia 

10 River, and a great number of them succumbed to 

11 poverty and disease in the 19th century. 

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

13 March 4, 1911 (36 Stat. 1345), to provide restitu14 tion to the Chinook people in the form of allotments 

15 of land on existing Indian reservations, which the 

16 Supreme Court of the United States upheld in 

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

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

19 the Chinook Nation, the Lower Chinook, 

20 Wahkiakum, Cathlamet, and Clatsop, in the Western 

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

22 only basis for termination of the Federal relationship 

23 with the Tribe. 

24 (6) The Chinook Nation has remained active on 

25 the Lower Columbia River and Willapa Bay in the 


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1 vicinity of the reservation area of the Tansy Point 

2 Treaty and is well-known to neighboring tribes and 

3 other communities. 

4 (7) The Chinook people have survived and 

5 maintained their language, Chinookwawa, and cul6 ture despite decades of neglect by the United States. 

7 (8) With different Administrations disagreeing 

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

9 time for Congress to restore the Chinook Nation to 

10 Federal tribal status. 

11 SEC. 2. DEFINITIONS. 

12 For the purposes of this Act, the following definitions 

13 apply: 

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

15 enrolled member of the Chinook Nation as of the 

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

17 has been placed on the membership role in accord18 ance with this Act. 

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

20 the Secretary of the Interior. 

21 (3) TRIBE.—The term ‘‘Tribe’’ means the Chi22 nook Indian Nation, composed of the Lower Chi23 nook, Wahkiakum, Cathlamet, Clatsop, and Willapa 

24 Tribes. 


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

2 of Washington. 

3 (5) STATE TERRITORIAL WATERS.—The term 

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

5 the territorial limits of the State of Washington. 

6 SEC. 3. FEDERAL RECOGNITION. 

7 Federal recognition is hereby extended to the Chi8 nook Indian Nation. Except as otherwise provided in this 

9 Act, all laws and regulations of the United States of gen10 eral application to Indians, and nations, tribes, or bands 

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

12 461 et seq.), that are not inconsistent with any specific 

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

14 its members. 

15 SEC. 4. FEDERAL SERVICES AND BENEFITS. 

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

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

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

19 Government to federally recognized tribes without regard 

20 to the existence of a reservation for the Tribe or the loca21 tion of the residence of any member on or near any Indian 

22 reservation. 

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

24 Federal services to enrolled members of the Tribe, the 

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


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1 Cowlitz, and Clark Counties, Washington, and Clatsop 

2 and Columbia Counties, Oregon. 

3 (c) CIVIL JURISDICTION.—Upon approval of the con4 stitution and bylaws pursuant to section 6 of this Act, the 

5 Nation shall exercise jurisdiction over all its members who 

6 reside within the service area located in the State in mat7 ters pursuant to the Indian Child Welfare Act of 1978 

8 (25 U.S.C. 1901 et seq.) as if the members were residing 

9 upon a reservation as defined in that Act. 

10 SEC. 5. MEMBERSHIP. 

11 Not later than 9 months after the date of the enact12 ment of this Act, the Tribe shall submit to the Secretary 

13 a membership roll consisting of all individuals enrolled in 

14 the Tribe. 

15 SEC. 6. CONSTITUTION AND GOVERNING BODY. 

16 (a) CONSTITUTION.— 

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

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

19 conduct, by secret ballot, an election to adopt a con20 stitution and bylaws for the Tribe. 

21 (2) INTERIM GOVERNING DOCUMENTS.—Until 

22 such time as a new constitution is adopted under 

23 this section, the governing documents in effect on 

24 the date of the enactment of the Act shall be the inVerDate Nov 24 2008 05:15 Jul 01, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3084.IH H3084

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1 terim governing documents for the Tribe most re2 cently submitted to the Department of the Interior. 

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

4 Tribe adopts a constitution and bylaws pursuant to this 

5 section, the Tribe shall elect a governing body in accord6 ance with the procedures set forth in its constitution and 

7 bylaws. Until such time as a new governing body is elect8 ed, the governing body of the Tribe shall be the governing 

9 body selected under the election procedures specified in 

10 the interim governing documents of the Tribe. 

11 SEC. 7. LAND IN TRUST. 

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

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

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

15 land in trust for the benefit of the Tribe, subject to sub16 section (c). This subsection does not limit the authority 

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

18 Reorganization Act. 

19 (b) PLAN FOR ESTABLISHMENT OF RESERVATION.— 

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

21 (A) negotiate with the tribal governing 

22 body with respect to establishing a reservation 

23 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 privately owned lands acquired by the 

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

3 Secretary for the benefit of the Tribe shall be ac4 quired on a willing-seller, willing-buyer basis. 

5 (4) No eminent domain authority may be exer6 cised for the purposes of acquiring lands for the ben7 efit of the Tribe. 

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

9 RESTORED. 

10 (a) IN GENERAL.—No nonceremonial fishing, hunt11 ing, or trapping rights of any nature of the Tribe or of 

12 any member of the Tribe, including any indirect or proce13 dural right or advantage over individuals who are not 

14 members, are granted or restored under this Act. Ceremo15 nial hunting and fishing rights (not to include whaling) 

16 shall be allowed in the area in which the Tribe has histori17 cally hunted or fished, in Pacific and Wahkiakum Coun18 ties, Washington. 

19 (b) CEREMONIAL HUNTING AND FISHING.— 

20 (1) DEFINED.—Ceremonial hunting and fishing 

21 includes traditional occasions on which the tribe has 

22 traditionally fished, including— 

23 (A) the First Salmon ceremony, which 

24 takes place annually on the third Friday of 

25 June; 


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1 (B) the Winter Gathering, which takes 

2 place annually on the third Saturday of Janu3 ary; and 

4 (C) the funerals of certain tribal members, 

5 to be determined in the Tribe’s constitution. 

6 (2) TIME PERIOD.—Ceremonial hunting and 

7 fishing may take place for up to 3 calendar days 

8 during the week preceding the ceremonies referred 

9 to in paragraph (1). 

10 (c) PERMITS.—The director of the Washington De11 partment of Fish and Wildlife— 

12 (1) may issue permits to members of the Chi13 nook Nation to take fish for ceremonial purposes; 

14 (2) shall establish the areas in which the per15 mits are valid; and 

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

17 taking the fish, and the allocations from which they 

18 will be taken. 

19 (d) RULES AND REGULATIONS.—To assure that cere20 monial fishing is consistent with the Tribe’s historic cus21 toms and traditions, any member of the Tribe who wishes 

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

23 to— 


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

2 Washington Department of Fish and Wildlife with 

3 respect to Indian ceremonial fishing; and 

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

5 Washington Department of Fish and Wildlife, or by 

6 the Washington Administrative Code, with regard to 

7 the commercial and recreational allocations. 

8 (e) ALLOCATION.—Fish taken for ceremonial pur9 poses will be drawn from the commercial and recreational 

10 allocations as designated by the Washington Department 

11 of Fish and Wildlife. 

12 (f) NO COMMERCIAL RIGHTS.—Nothing in this sec13 tion shall be construed to create a right to fish commer14 cially. 

15 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated to carry out 

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

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

Æ 


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