I 
111TH CONGRESS 
1ST SESSION H. R. 2576 
To restore Federal recognition to the Chinook Nation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2009 
Mr. BAIRD introduced the following bill; which was referred to the Committee 
on Natural Resources, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To restore Federal recognition to the Chinook Nation, 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 
‘‘Chinook Nation Restoration Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) The Chinook Nation made a significant con-
tribution to the historic journey of Meriwether Lewis 
and William Clark to the Pacific Ocean by greeting 
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the expedition and their company as well as trading 
with them throughout the winter of 1805–1806. 
(2) The United States subsequently recognized 
the Chinook Nation as an Indian tribe in the Anson 
Dart (Tansy Point) Treaty of 1851, and the Isaac 
Stevens (Chehalis River) Treaty of 1855, but neither 
treaty was ratified, resulting in serious harm to the 
Chinook people. 
(3) As a result of the failure of the United 
States to protect the Chinook Nation and people, the 
Chinooks lost their historic lands on the Columbia 
River, and a great number of them succumbed to 
poverty and disease in the 19th century. 
(4) It was the intent of Congress in the Act of 
March 4, 1911 (36 Stat. 1345), to provide restitu-
tion to the Chinook people in the form of allotments 
of land on existing Indian reservations, which the 
Supreme Court of the United States upheld in 
Halbert v. United States (283 U.S. 753 (1931)). 
(5) Congress named four of the five tribes of 
the 
Chinook 
Nation, 
the 
Lower 
Chinook, 
Wahkiakum, Cathlamet, and Clatsop, in the Western 
Oregon Termination Act of 1954, and this Act is the 
only basis for termination of the Federal relationship 
with the Tribe. 
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(6) The Chinook Nation has remained active on 
the Lower Columbia River and Willapa Bay in the 
vicinity of the reservation area of the Tansy Point 
Treaty and is well-known to neighboring tribes and 
other communities. 
(7) The Chinook people have survived and 
maintained their language, Chinookwawa, and cul-
ture despite decades of neglect by the United States. 
(8) With different Administrations disagreeing 
about the legal status of the Chinook Nation, it is 
time for Congress to restore the Chinook Nation to 
Federal tribal status. 
SEC. 2. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) MEMBER.—The term ‘‘member’’ means an 
enrolled member of the Chinook Nation as of the 
date of enactment of this Act, or an individual who 
has been placed on the membership role in accord-
ance with this Act. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) TRIBE.—The term ‘‘Tribe’’ means the Chi-
nook Indian Nation, composed of the Lower Chi-
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nook, Wahkiakum, Cathlamet, Clatsop, and Willapa 
Tribes. 
(4) STATE.—The term ‘‘State’’ means the State 
of Washington. 
(5) STATE TERRITORIAL WATERS.—The term 
‘‘State territorial waters’’ means all waters within 
the territorial limits of the State of Washington. 
SEC. 3. FEDERAL RECOGNITION. 
Federal recognition is hereby extended to the Chi-
nook Indian Nation. Except as otherwise provided in this 
Act, all laws and regulations of the United States of gen-
eral application to Indians, and nations, tribes, or bands 
of Indians, including the Act of June 18, 1934 (25 U.S.C. 
461 et seq.), that 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. 
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(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 Pacific, Wahkiakum, 
Cowlitz, and Clark Counties, Washington, and Clatsop 
and Columbia Counties, Oregon. 
(c) CIVIL JURISDICTION.—Upon approval of the con-
stitution and bylaws pursuant to section 6 of this Act, the 
Nation shall exercise jurisdiction over all its members who 
reside within the service area located in the State in mat-
ters pursuant to the Indian Child Welfare Act of 1978 
(25 U.S.C. 1901 et seq.) as if the members were residing 
upon a reservation as defined in that Act. 
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. 
SEC. 6. CONSTITUTION AND GOVERNING BODY. 
(a) CONSTITUTION.— 
(1) ADOPTION.—Not later than 1 year after the 
date of the enactment of this Act, the Tribe shall 
conduct, by secret ballot, an election to adopt a con-
stitution and bylaws for the Tribe. 
(2) INTERIM
GOVERNING
DOCUMENTS.—Until 
such time as a new constitution is adopted under 
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this section, the governing documents in effect on 
the date of the enactment of the Act shall be the in-
terim governing documents for the Tribe most re-
cently submitted to the Department of the Interior. 
(b) OFFICIALS.—Not later than 6 months after the 
Tribe adopts a constitution and bylaws pursuant to this 
section, the Tribe shall elect a governing body in accord-
ance with the procedures set forth in its constitution and 
bylaws. Until such time as a new governing body is elect-
ed, the governing body of the Tribe shall be the governing 
body selected under the election procedures specified in 
the interim governing documents of the Tribe. 
SEC. 7. LAND IN TRUST. 
(a) REQUIREMENT TO TAKE LAND IN TRUST.—If 
the Tribe transfers all right, title, and interest in and to 
any land to the Secretary, the Secretary shall take such 
land in trust for the benefit of the Tribe, subject to sub-
section (c). This subsection does not limit the authority 
of the Secretary to take land in trust under the Indian 
Reorganization Act. 
(b) PLAN FOR ESTABLISHMENT OF RESERVATION.— 
(1) IN GENERAL.—The Secretary shall— 
(A) negotiate with the tribal governing 
body with respect to establishing a reservation 
for the Tribe; and 
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(B) not later than two years after the date 
of enactment of this Act, develop a plan for es-
tablishment of a reservation. 
(2) CONSULTATION
WITH
STATE
AND
LOCAL 
OFFICIALS
REQUIRED.—To assure that legitimate 
State and local interests are not prejudiced by the 
proposed establishment of the reservation, the Sec-
retary shall notify and consult with all appropriate 
officials of the State and all owners of land adjacent 
to lands considered for the proposed reservation in 
developing any plan under this subsection. The Sec-
retary shall provide complete information on the pro-
posed plan to such officials, including the restric-
tions imposed by subsection (c). During any con-
sultation by the Secretary under this subsection, the 
Secretary shall provide such information as the Sec-
retary possesses and request comments and addi-
tional information on the following subjects: 
(A) The size and location of the proposed 
reservation. 
(B) The anticipated effect of the establish-
ment of the proposed reservation on State and 
local expenditures and tax revenues. 
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(C) The extent of any State or local service 
to the Tribe, the reservation, or members after 
the establishment of the proposed reservation. 
(D) The extent of Federal services to be 
provided in the future to the Tribe, the reserva-
tion, or members. 
(E) The extent of service to be provided in 
the future by the Tribe to members resident on 
or off the reservation. 
(3) RESTRICTIONS ON PLAN.—A plan developed 
pursuant to this subsection shall be in accordance 
with subsection (c). 
(4) SUBMISSION OF PLAN.— 
(A) SUBMISSION TO CONGRESS.—Upon the 
approval by the tribal governing body of the 
plan developed pursuant to this subsection (and 
after consultation with interested parties pursu-
ant to paragraph (2)), the Secretary shall sub-
mit the plan to the Clerk of the House of Rep-
resentatives and the Secretary of the Senate for 
distribution to the committees of the respective 
Houses of Congress with jurisdiction over the 
subject matter. 
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(B) APPENDIX TO PLAN.—The Secretary 
shall append to the plan submitted to Congress 
under this subsection a detailed statement— 
(i) describing the manner in which the 
Secretary notified all interested parties in 
accordance with this subsection; 
(ii) naming each individual and offi-
cial consulted in accordance with this sub-
section; 
(iii) summarizing the testimony re-
ceived by the Secretary pursuant to any 
such consultation; and 
(iv) including any written comments 
or reports submitted to the Secretary by 
any party named pursuant to clause (ii). 
(c) RESTRICTIONS ON LAND TAKEN IN TRUST.— 
(1) Any real property transferred by the Tribe 
or any member to the Secretary shall be taken and 
held in the name of the United States for the benefit 
of the Tribe. 
(2) The Secretary shall not accept any real 
property in trust for the benefit of the Tribe that is 
not located within the political boundaries of Pacific, 
Wahkiakum, or Cowlitz County, Washington. 
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(3) Any real property taken in trust by the Sec-
retary for the benefit of the Tribe shall be— 
(A) subject to— 
(i) all legal rights and interests in 
such land existing at the time of acquisi-
tion of such land by the Secretary, includ-
ing any lien, mortgage, or previously levied 
and outstanding State or local tax; and 
(ii) foreclosure or sale in accordance 
with the laws of the State pursuant to the 
terms of any valid obligations in existence 
at the time of the acquisition of such land 
by the Secretary; and 
(B) exempt from Federal, State, and local 
taxation of any kind. 
(4) Any privately owned lands acquired by the 
Tribe or its members to be taken in trust by the 
Secretary for the benefit of the Tribe shall be ac-
quired on a willing-seller, willing-buyer basis. 
(5) No eminent domain authority may be exer-
cised for the purposes of acquiring lands for the ben-
efit of the Tribe. 
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SEC. 8. FISHING, HUNTING, AND TRAPPING RIGHTS NOT 
RESTORED. 
(a) IN GENERAL.—No nonceremonial fishing, hunt-
ing, or trapping rights of any nature of the Tribe or of 
any member of the Tribe, including any indirect or proce-
dural right or advantage over individuals who are not 
members, are granted or restored under this Act. Ceremo-
nial hunting and fishing rights (not to include whaling) 
shall be allowed in the area in which the Tribe has histori-
cally hunted or fished, in Pacific and Wahkiakum Coun-
ties, Washington. 
(b) CEREMONIAL HUNTING AND FISHING.— 
(1) DEFINED.—Ceremonial hunting and fishing 
includes traditional occasions on which the tribe has 
traditionally fished, including— 
(A) the First Salmon ceremony, which 
takes place annually on the third Friday of 
June; 
(B) the Winter Gathering, which takes 
place annually on the third Saturday of Janu-
ary; and 
(C) the funerals of certain tribal members, 
to be determined in the tribe’s constitution. 
(2) TIME
PERIOD.—Ceremonial hunting and 
fishing may take place for up to 3 calendar days 
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during the week preceding the ceremonies referred 
to in paragraph (1). 
(c) PERMITS.—The director of the Washington De-
partment of Fish and Wildlife— 
(1) may issue permits to members of the Chi-
nook Nation to take fish for ceremonial purposes; 
(2) shall establish the areas in which the per-
mits are valid; and 
(3) shall regulate the times for and manner of 
taking the fish, and the allocations from which they 
will be taken. 
(d) RULES AND REGULATIONS.—To assure that cere-
monial fishing is consistent with the Tribe’s historic cus-
toms and traditions, any member of the Tribe who wishes 
to take part in ceremonial fishing, must do so pursuant 
to— 
(1) any rules or regulations put forth by the 
Washington Department of Fish and Wildlife with 
respect to Indian ceremonial fishing; and 
(2) any rules or regulations put forth by the 
Washington Department of Fish and Wildlife, or by 
the Washington Administrative Code, with regard to 
the commercial and recreational allocations. 
(e) ALLOCATION.—Fish taken for ceremonial pur-
poses will be drawn from the commercial and recreational 
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allocations as designated by the Washington Department 
of Fish and Wildlife. 
(f) NO COMMERCIAL RIGHTS.—Nothing in this sec-
tion shall be construed to create a right to fish commer-
cially. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to carry out 
this Act, $2,000,000 for fiscal year 2010, $3,000,000 for 
fiscal year 2011, and $4,000,000 for fiscal year 2012. 
Æ 
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