Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hoh Indian Tribe Safe 
Homelands Act’’. 
SEC. 2. FINDINGS. 
(a) FINDINGS.—Congress finds the following: 
(1) The Hoh Indian Reservation, located along 
the Hoh River and the Pacific Ocean in a remote sec-
tion of Jefferson County, Washington, is the homeland 
of the Hoh Indian Tribe, a federally recognized In-
dian tribe. 
(2) Established by Executive Order in 1893, the 
Reservation is approximately one square mile, but its 
habitable acreage has been reduced over time due to 
storm surges, repeated flooding and erosion, and lack 
of river dredging. 
(3) Due to its location along the river and ocean 
and frequent torrential rains, 90 percent of the Res-
ervation is located within a flood zone and, in fact, 
has flooded repeatedly over the last five years. In ad-
dition, 100 percent of the Reservation is within a tsu-
nami zone, leaving most of the Reservation unfit for 
safe occupation. 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
(4) The Tribe has repeatedly suffered from seri-
ous flood and wind damage to homes, tribal build-
ings, and utility infrastructure that have caused sig-
nificant damage and resulted in critical safety and 
environmental hazards. 
(5) Federal agencies such as the Bureau of In-
dian Affairs, the Department of Housing and Urban 
Development, and the Federal Emergency Manage-
ment Agency have limited authority to assist the 
Tribe with housing and other improvements and serv-
ices due to the dangerous and unsustainable location 
of the Reservation. 
(6) The Tribe has purchased from private owners 
near the Reservation approximately 260 acres of land 
in order to move key infrastructure out of the flood 
zone. 
(7) In addition, the State of Washington’s De-
partment of Natural Resources has transferred owner-
ship of 160 acres of land to the Tribe. 
(8) An approximately 37 acre parcel of logged 
land, administered by the National Park Service, lies 
between the current Reservation land and those lands 
acquired by the Tribe, and the only road accessing the 
Reservation crosses this parcel. 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
(9) Together, the lands described in paragraphs 
6, 7, and 8 would constitute a contiguous parcel for 
the Reservation and would create a safe area for 
members of the Tribe to live and rebuild their com-
munity. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act— 
(1) the term ‘‘Federal land’’ mean the Federal 
lands described in section 4(c)(2); 
(2) the term ‘‘Reservation’’ means the reservation 
of the Hoh Indian Tribe; 
(3) the term ‘‘Secretary’’ means the Secretary of 
the Interior; and 
(4) the term ‘‘Tribe’’ means the Hoh Indian 
Tribe, a federally recognized Indian tribe. 
SEC. 4. TRANSFER OF LANDS TO BE HELD IN TRUST AS 
PART OF THE TRIBE’S RESERVATION; PLACE-
MENT OF OTHER LAND INTO TRUST. 
(a) IN GENERAL.—All right, title, and interest of the 
United States in and to the land described in subsection 
(c)(2), are declared to be held in trust by the United States 
for the benefit of the Tribe without any further action by 
the Secretary. Such land shall be excluded from the bound-
aries of the Olympic National Park. Upon conveyance to 
the Secretary by the Tribe, and subject to the completion 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
of an assessment of the nature and extent of any potential 
liability resulting from hazardous substances or other envi-
ronmental problems associated with such property and the 
remediation of any such potential liabilities, the Secretary 
shall take into trust for the benefit of the Tribe certain non- 
Federal land owned by the Tribe described in subsection 
(c)(1), without any further action by the Secretary. 
(b) RESERVATION.—Land taken into trust for the 
Tribe pursuant to subsection (a) shall be part of the Res-
ervation 
(c) DESCRIPTION OF LANDS.—The land to be trans-
ferred and held in trust under subsection (a) is the land 
generally depicted on the map titled ‘‘Hoh Indian Tribe 
Safe Homelands Act Land Acquisition Map’’, dated July, 
21, 2008, and further described as— 
(1) the non-Federal land owned by the Hoh 
Tribe described in section 2(a)(6) and (7); and 
(2) the Federal land administered by the Na-
tional Park Service, located in Section 20, Township 
26N, Range 13W, W.M. South of the Hoh River. 
(d) AVAILABILITY OF MAP.—Not later than 120 days 
after the survey required by section 5(a)(6) has been re-
viewed and concurred in by the National Park Service, the 
Secretary shall make the map available to the appropriate 
congressional committees. The map also shall be available 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
for public inspection in the appropriate offices of the Sec-
retary. 
(e) CONGRESSIONAL INTENT.—It is the intent of Con-
gress that— 
(1) the condition of the Federal land at the time 
of the transfer under this section should be preserved 
and protected; 
(2) that the natural environment existing on the 
Federal land at the time of the transfer under this 
section should not be altered, except as described in 
this Act; and 
(3) the Tribe and the National Park Service 
shall work cooperatively on issues of mutual concern 
related to this Act. 
SEC. 5. PRESERVATION OF EXISTING CONDITION OF FED-
ERAL LAND; TERMS OF CONSERVATION AND 
USE IN CONNECTION WITH LAND TRANSFER. 
(a) RESTRICTIONS ON USE.—The use of the Federal 
land transferred pursuant to section 4 shall be subject to 
the following conditions: 
(1) No commercial, residential, industrial, or 
other buildings or structures shall be placed on the 
Federal land being transferred and placed into trust. 
(2) The condition of the Federal land at the time 
of the transfer under this section shall be preserved 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
and protected and no actions that would adversely af-
fect the natural environment on the Federal land 
shall be taken, except as described in this Act. 
(3) In order to maintain its use as a natural 
wildlife corridor and to provide for protection of ex-
isting resources, no logging or hunting shall be al-
lowed on the land. 
(4) Routine maintenance may be conducted on 
the two-lane county road that traverses the Federal 
land as of the date of the enactment of this Act. The 
road may not be widened or otherwise expanded. No 
other roads or access routes shall be allowed on the 
Federal land, except as provided by this paragraph 
and subsection (b)(2). In the event the use of the road 
or portions of the road is compromised by floods or 
other natural or unexpected occurrences, a similar, 
two-lane road or portion of the road may be recon-
structed to assure access to the area. 
(5) The Tribe may authorize tribal members to 
engage in ceremonial and other treaty uses of the Fed-
eral lands and existing tribal treaty rights shall not 
be diminished by this Act. 
(6) The Tribe shall survey the boundaries of the 
Federal land and submit the survey to the National 
Park Service for its review and concurrence. 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
(b) COOPERATIVE EFFORTS.—The Secretary and the 
Tribe— 
(1) shall enter into cooperative agreements— 
(A) for mutual emergency fire aid, upon 
completion of the Tribe’s proposed emergency fire 
response building; and 
(B) to provide opportunities for the public 
to learn more about the culture and traditions of 
the Tribe; 
(2) may develop and establish a multipurpose, 
nonmotorized trail from Highway 101 to the Pacific 
Ocean; and 
(3) shall work cooperatively on any other issues 
of mutual concern related to the transfer of land au-
thorized by this Act. 
SEC. 6. HOH INDIAN RESERVATION. 
All lands taken into trust by the United States under 
this Act shall be a part of the Hoh Indian Reservation. 
SEC. 7. GAMING PROHIBITION. 
No land taken into trust for the benefit of the Hoh In-
dian Tribe under this Act shall be considered Indian lands 
for the purpose of the Indian Gaming Regulatory Act (25 
U.S.C. 2701 et seq.). 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS
Union Calendar No. 172 
111TH CONGRESS 
1ST SESSION 
H. R. 1061 
[Report No. 111–306] 
A BILL 
To transfer certain land to the United States to be 
held in trust for the Hoh Indian Tribe, to place 
land into trust for the Hoh Indian Tribe, and for 
other purposes. 
OCTOBER 21, 2009 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Nov 24 2008 
20:48 Oct 21, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6651
Sfmt 6651
E:\BILLS\H1061.RH
H1061
hsrobinson on DSK69SOYB1PROD with BILLS