I 
110TH CONGRESS 
2D SESSION 
H. R. 7073 
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. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2008 
Mr. DICKS introduced the following bill; which was referred to the Committee 
on Natural Resources 
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. 
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 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
section of Jefferson County, Washington, is the 
homeland of the Hoh Indian Tribe, a federally rec-
ognized Indian 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 Reservation is located within a flood zone and, 
in fact, has flooded repeatedly over the last five 
years. In addition, 100 percent of the Reservation is 
within a tsunami zone, leaving most of the Reserva-
tion unfit for safe occupation. 
(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 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
services due to the dangerous and unsustainable lo-
cation of the Reservation. 
(6) The Tribe has purchased from private own-
ers 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 own-
ership 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 ac-
cessing the Reservation crosses this parcel. 
(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 reserva-
tion of the Hoh Indian Tribe; 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
(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.—The Secretary shall transfer to 
the Tribe all right, title, and interest of the United States 
in and to the Federal land. Such land shall be held in 
trust by the United States for the benefit of the Tribe. 
Such land shall be excluded from the boundaries of Olym-
pic National Park. At the request of the Tribe, at the time 
of transfer of the Federal land, the Secretary shall also 
place into trust for the benefit of the Tribe the non-Fed-
eral land owned by the Tribe and described in subsection 
(c)(1). 
(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 ‘‘H.R. lll Hoh 
Indian 
Tribe 
Safe 
Homelands 
Act’’, 
and 
dated 
lllllllll and further described as— 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
(1) the non-Federal land owned by the Hoh 
Tribe; 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 completion of the land transfer of Federal land 
under this section, the Secretary shall make the map avail-
able to the appropriate agency officials and congressional 
committees. The map shall be available for public inspec-
tion in the appropriate offices of the Secretary. 
(e) CONGRESSIONAL INTENT.—It is the intent of 
Congress that— 
(1) the condition of the Federal land at the 
time of the transfer under this section should be pre-
served 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 de-
scribed in this Act; and 
(3) the Tribe and the National Park Service 
shall work cooperatively on issues of mutual concern 
related to this Act. 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
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 is 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. 
The existing road may be maintained or improved, 
but no major improvements or road construction 
shall occur on the lands. 
(2) 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. 
(3) The Tribe may authorize tribal members to 
engage in ceremonial and other treaty uses of these 
lands and existing tribal treaty rights are not dimin-
ished by this Act. 
(4) The Tribe shall survey the boundaries of 
the Federal land and submit the survey to the Na-
tional Park Service for review and concurrence. 
(b) COOPERATIVE EFFORTS.—Congress urges the 
Secretary and the Tribe to enter into written agreements 
on the following: 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS
(1) Upon completion of the Tribe’s proposed 
emergency fire response building, Congress urges the 
parties to work toward mutual aid agreements. 
(2) The National Park Service and the Tribe 
shall work collaboratively to provide opportunities 
for the public to learn more about the culture and 
traditions of the Tribe. 
(3) The land may be used for the development 
of a multi-purpose, non-motorized trail from High-
way 101 to the Pacific Ocean. The parties agree to 
work cooperatively in the development and place-
ment of such trail. 
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 
Indian 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.). 
Æ 
VerDate Aug 31 2005 
00:36 Sep 27, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H7073.IH
H7073
wwoods2 on PRODPC68 with BILLS