I 
109TH CONGRESS 
1ST SESSION 
H. R. 852 
To extend Federal recognition to the Duwamish Tribe, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2005 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Duwamish Tribal Recognition Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) In 1855, the Duwamish Tribe signed the 
Treaty of Point Elliott, which guaranteed fishing 
rights and reservations to all tribes represented by 
the Native signatories.
(2) The Duwamish signatory was their Chief, 
Chief Si’ahl, for whom the City of Seattle is named. 
(3) In 1859, the Treaty of Point Elliott was 
ratified by Congress. However, the promises made 
by the United States in the treaty were never ful-
filled as to the Duwamish Tribe or its members. 
(4) In 1925, the Duwamish Tribe officially 
adopted its constitution and bylaws. 
(5) The Duwamish Tribe filed suit before the 
Indian Claims Commission for the value of its lands 
taken without compensation and a $62,000 judg-
ment ultimately was awarded to the Duwamish. The 
settlement was eventually distributed per capita at 
$64 per person to the Duwamish people. 
(6) In 1976, the Duwamish Tribe first sub-
mitted a petition for Federal recognition to the Sec-
retary of the Interior. That petition subsequently 
was returned to the tribe for revision due to changes 
in regulations governing the administrative federal 
acknowledgment process. 
(7) In 1988, the Duwamish Tribe submitted its 
completed petition for Federal recognition. 
(8) In 1996, after years of delay, the Duwamish 
Tribe received a negative preliminary determination.
In response, the tribe addressed the identified prob-
lems in its final submission of October 21, 1998. 
(9) On January 19, 2001, the Duwamish Tribe 
received a favorable determination for federal rec-
ognition from the Assistant Secretary of the Interior 
for Indian Affairs. 
(10) On September 26, 2001, the new Assistant 
Secretary for Indian Affairs unilaterally reversed the 
January 19, 2001, decision and rejected the 
Duwamish petition for recognition. 
(11) On January 4, 2002, the Interior Board of 
Indian Appeals referred several questions raised by 
the circumstances of the administrative reversal to 
the Secretary of the Interior along with directions to 
decide whether to request further reconsideration by 
the Assistant Secretary for Indian Affairs in light of 
those questions. 
(12) On May 8, 2002, the Secretary of the In-
terior refused to refer the Duwamish petition back 
to the Assistant Secretary for Indian Affairs for fur-
ther consideration. 
(13) Nearly 150 years after the Duwamish 
Tribe signed the Point Elliott Treaty, the Duwamish 
people still seek the recognition which was estab-
lished by the treaty.
SEC. 2. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) MEMBER.—The term ‘‘member’’ means an 
enrolled member of the Duwamish Tribe, as of the 
date of the enactment of this Act, or an individual 
who has been placed on the membership roles in ac-
cordance with this Act. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) TRIBE.—The term ‘‘Tribe’’ means the 
Duwamish Tribe. 
SEC. 3. FEDERAL RECOGNITION. 
Federal recognition is hereby extended to the 
Duwamish Tribe. All laws and regulations of the United 
States of general application to Indians, or nations, tribes, 
or band of Indians, including the Act of June 18, 1934 
(25 U.S.C. 461 et seq.) which are not inconsistent with 
any specific provision of this Act, shall be applicable to 
the Tribe and its members. 
SEC. 4. FEDERAL SERVICES AND BENEFITS. 
(a) IN GENERAL.—The Tribe and its members shall 
be eligible, on and after the date of the enactment of this 
Act, for all services and benefits provided by the Federal 
Government to federally recognized tribes without regard 
to the existence of a reservation for the Tribe or the loca-
tion of the residence of any member on or near any Indian 
reservation. 
(b) SERVICE AREA.—For purposes of the delivery of 
Federal services to enrolled members of the Tribe, the 
Tribe’s service area shall consist of the following: King 
County, Kitsap County, Pierce County, Lewis County, and 
Mason County. 
SEC. 5. MEMBERSHIP. 
Not later than 9 months after the date of the enact-
ment of this Act, the Tribe shall submit to the Secretary 
a membership roll consisting of all individuals enrolled in 
the Tribe. The qualifications for inclusion on the member-
ship roll of the Tribe shall be determined by the member-
ship clauses in the Tribe’s governing document, in con-
sultation with the Secretary. Upon completion of the roll, 
the Secretary shall immediately publish notice of the roll 
in the Federal Register. The Tribe shall ensure that such 
roll is maintained and kept current. 
SEC. 6. CONSTITUTION AND GOVERNING BODY. 
(a) CONSTITUTION.— 
(1) ADOPTION.—Not later than 9 months after 
the date of the enactment of this Act, the Tribe 
shall conduct, by secret ballot, an election to adopt 
a constitution and bylaws for the Tribe.
(2) INTERIM
GOVERNING
DOCUMENTS.—Until 
such time as a new constitution is adopted under 
paragraph (1), the governing documents in effect on 
the date of the enactment of this Act shall be the 
interim governing documents for the Tribe which 
were submitted to the Department of the Interior 
during the acknowledgment petition process. 
(b) OFFICIALS.—Not later than 6 months after the 
Tribe adopts a constitution and bylaws pursuant to sub-
section (a), the Tribe shall elect a governing body in ac-
cordance with the procedures set forth in its constitution 
and bylaws. Until such time as a new governing body is 
elected, the governing body of the Tribe shall be the gov-
erning body selected under the election procedures speci-
fied in the interim governing documents of the Tribe. 
SEC. 7. LAND IN TRUST. 
(a) REQUIREMENT TO TAKE LAND INTO TRUST.— 
If, not later than 10 years after the date of the enactment 
of this Act, the Tribe transfers all right, title, and interest 
in and to any land within the Tribe’s service area identi-
fied under section 4(b) or land identified under subsection 
(b) as its aboriginal homelands to the Secretary, the Sec-
retary shall take such land into trust for the benefit of 
the Tribe.
(b) IDENTIFICATION OF ABORIGINAL LANDS.—Not 
later than 10 years after the date of the enactment of this 
Act, the Secretary of the Interior and the Secretary of Ag-
riculture shall identify those lands which shall be consid-
ered the aboriginal homelands of the Tribe for the pur-
poses of subsection (a). 
(c) NO FEDERAL LIABILITY
ON TRUST ACCEPT-
ANCE.—Notwithstanding any other provision of law, the 
United States should not incur any liability for conditions 
on any parcels of land taken into trust under this section. 
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