[Pages H4223-H4225]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

HOH INDIAN TRIBE SAFE HOMELANDS ACT

Ms. BORDALLO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1061) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 1061

Be it enacted by the Senate and House of Representatives 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. DEFINITIONS.

In this Act:
(1) Federal land.--The term ``Federal land'' means the
approximately 37-acre parcel of land--
(A) administered by the National Park Service;
(B) located in sec. 20, T. 26N, R. 13W, W.M., south of the
Hoh River; and
(C) depicted on the Map.
(2) Map.--The term ``Map'' means the map entitled ``Hoh
Indian Tribe Safe Homelands Act Land Acquisition Map'' and
dated May 14, 2009.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 434 acres of land--
(A) owned by the Tribe; and
(B) depicted on the Map.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Tribe.--The term ``Tribe'' means the Hoh Indian Tribe.

SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF TRIBE.

(a) Federal Land.--
(1) In general.--Effective beginning on the date of
enactment of this Act--
(A) all right, title, and interest of the United States in
and to the Federal land are considered to be held in trust by
the United States for the benefit of the Tribe, without any
action required to be taken by the Secretary; and
(B) the Federal land shall be excluded from the boundaries
of Olympic National Park.
(2) Survey by tribe.--
(A) In general.--The Tribe shall--
(i) conduct a survey of the boundaries of the Federal land;
and
(ii) submit the survey to the Director of the National Park
Service for review and concurrence.
(B) Action by director.--Not later than 90 days after the
date on which the survey is submitted under subparagraph
(A)(ii), the Director of the National Park Service shall--
(i) complete the review of the survey; and
(ii) provide to the Tribe a notice of concurrence with the
survey.
(C) Availability of survey.--Not later than 120 days after
the date on which the notice of concurrence is provided to
the Tribe under subparagraph (B)(ii), the Secretary shall--
(i) submit a copy of the survey to the appropriate
committees of Congress; and
(ii) make the survey available for public inspection at the
appropriate office of the Secretary.
(b) Non-Federal Land.--
(1) In general.--On fulfillment of each condition described
in paragraph (2), and upon compliance with the National
Environmental Policy Act of 1969, the Secretary shall take
the non-Federal land into trust for the benefit of the Tribe.
(2) Conditions.--The conditions referred to in paragraph
(1) are that the Tribe shall--
(A) convey to the Secretary all right, title, and interest
in and to the non-Federal land; and
(B) submit to the Secretary a request to take the non-
Federal land into trust for the Tribe.
(c) Congressional Intent.--It is the intent of Congress
that--
(1) the condition of the Federal land as in existence on
the date of enactment of this Act should be preserved and
protected;
(2) the natural environment existing on the Federal land on
the date of enactment of this Act should not be altered,
except as otherwise provided by this Act; and
(3) the Tribe and the National Park Service shall work
cooperatively regarding issues of mutual concern relating to
this Act.
(d) Availability of Map.--Not later than 120 days after the
survey required by subsection (a)(2)(A) has been reviewed 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 for public
inspection at the appropriate offices of the Secretary.

SEC. 4. USE OF FEDERAL LAND BY TRIBE; COOPERATIVE EFFORTS.

(a) Use of Federal Land by Tribe.--
(1) Restrictions on use.--The use of the Federal land by
the Tribe shall be subject to the following conditions:
(A) Buildings and structures.--No commercial, residential,
industrial, or other building or structure shall be
constructed on the Federal land.
(B) Natural condition and environment.--The Tribe--
(i) shall preserve and protect the condition of the Federal
land as in existence on the date of enactment of this Act;
and
(ii) shall not carry out any activity that would adversely
affect the natural environment of the Federal land, except as
otherwise provided by this Act.
(C) Logging and hunting.--To maintain use of the Federal
land as a natural wildlife corridor and provide for
protection of existing resources of the Federal land, no
logging or hunting shall be allowed on the Federal land.
(D) Roads.--
(i) Routine maintenance.--Routine maintenance may be
conducted on the 2-lane county road that crosses the Federal
land as in existence on the date of enactment of this Act.
(ii) Expansion.--The county road described in clause (i)
may not be widened or otherwise expanded.
(iii) Reconstruction.--If the county road described in
clause (i) is compromised due to a flood or other natural or
unexpected occurrence, the county road may be reconstructed
to ensure access to relevant areas.
(iv) Other access routes.--Except as provided in clause
(iii) and subsection (b)(2), no other road or access route
shall be permitted on the Federal land.
(2) Uses approved by treaty.--
(A) In general.--The Tribe may authorize any member of the
Tribe to use the Federal land for--
(i) ceremonial purposes; or
(ii) any other activity approved by a treaty between the
United States and the Tribe.
(B) No effect on treaty rights of tribe.--Nothing in this
Act affects any treaty right of the Tribe in existence on the
date of enactment of this Act.
(b) Cooperative Efforts.--The Secretary and the Tribe--
(1) shall enter into cooperative agreements--
(A) for joint provision of emergency fire aid, on
completion of the proposed emergency fire response building
of the Tribe; and
(B) to provide opportunities for the public to learn more
regarding the culture and traditions of the Tribe;
(2) may develop and establish on land taken into trust for
the benefit of the Tribe pursuant to this Act a multipurpose,
nonmotorized trail from Highway 101 to the Pacific Ocean; and
(3) shall work cooperatively on any other issues of mutual
concern relating to land taken into trust for the benefit of
the Tribe pursuant to this Act.

SEC. 5. TREATMENT OF TRUST LAND AS PART OF RESERVATION.

All land taken into trust for the benefit of the Tribe
pursuant to this Act shall be a part of the reservation of
the Tribe.

SEC. 6. GAMING PROHIBITION.

The Tribe may not conduct on any land taken into trust
pursuant to this Act any gaming activities--
(1) as a matter of claimed inherent authority; or
(2) under any Federal law (including the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.) (including any
regulations promulgated by the Secretary or the National
Indian Gaming Commission pursuant to that Act)).

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Chaffetz) each
will control 20 minutes.
The Chair recognizes the gentlewoman from Guam.

General Leave

Ms. BORDALLO. I ask unanimous consent that all Members may have 5
legislative days in which to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Guam?
There was no objection.
Ms. BORDALLO. Madam Speaker, H.R. 1061 would transfer certain Federal
and non-Federal land in the State

[[Page H4224]]

of Washington to the Hoh Indian Tribe to be held in trust by the United
States for the benefit of the tribe.
The Hoh Indian Tribe is located on the coast of Washington. Its
coastline is situated such that it is subject to frequent flooding and
is located in a tsunami zone. The tribe has acquired approximately 420
acres of land from private sources to relocate its government offices
and tribal members. The bill would place this newly acquired 420 acres
of land into trust for the tribe.
H.R. 1061 would also transfer approximately 37 acres of land from the
Olympic National Park into trust for the tribe in order to connect the
tribes's newly acquired lands to its current lands. The National Park
Service has no objection to this transfer. No gaming may be conducted
on any lands placed into trust pursuant to this act. In addition, there
are several restrictions on the land being transferred to the tribe
from the Olympic National Park.
I want to commend our colleague, Madam Speaker, Mr. Dicks of
Washington, for his hard work and dedication to this legislation, and I
ask my colleagues to support its passage.
I reserve the balance of my time.

{time} 1430

Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I commend the Democrat majority for scheduling H.R.
1061 under suspension of the rules today. Today, the House is setting a
valuable precedent by removing certain lands managed as part of Olympic
National Park from Federal ownership to meet a legitimate need. The
National Park Service has expressed support for conveying these Federal
lands to the Hoh Indian Tribe without consideration. To date, we have
not been made aware of any opposition lodged by environmental groups to
this national park land transfer.
The Hoh Tribe has demonstrated a compelling need to add lands to its
existing reservation to provide a safe area in which to construct
housing and other facilities for its members. The tribe's reservation
currently lies within one of the rainiest areas of the country on the
Olympic Peninsula of Washington. Classified as a tsunami zone and prone
to major flooding, the reservation receives 140 inches of rain per
year. The transfer of land by H.R. 1061 enables the tribe to expand the
eastern side of its reservation a little further upland and a safe
distance from major flooding. The lands so transferred are currently
part of Olympic National Park, one of the most beautiful and pristine
parks in the United States of America.
The precedent we set today should encourage the House to consider
additional Federal land transfers that have the potential to benefit
communities for safe, affordable housing, access, and other economic
development interests.
Again, Madam Speaker, I am pleased to express my support for H.R.
1061 and urge the House to pass it in a bipartisan way.
With that, I reserve the balance of my time.
Ms. BORDALLO. Madam Speaker, I yield such time as he may consume to
the gentleman from Washington (Mr. Dicks).
(Mr. DICKS asked and was given permission to revise and extend his
remarks.)
Mr. DICKS. I appreciate very much the distinguished gentlelady
yielding to me.
I rise to urge passage of H.R. 1061, the Hoh Indian Tribe Safe
Homelands Act, which I sponsored. The Hohs are one of eight tribes in
the district I represent. This legislation is primarily for the safety
of the Hoh Tribe to help them relocate out of a tsunami zone and
floodplain. The legislation accomplishes this goal by transferring a
small parcel of land in the Olympic National Park to the tribe. In
addition, the legislation will place into trust this transferred park
service land, along with other lands recently acquired by the tribe.
There is a companion bill in the other body which is sponsored by
Senator Murray and cosponsored by Senator Cantwell.
The Hoh Tribe lives in an extraordinarily spectacular place on the
Olympic Peninsula where the Hoh River empties into the Pacific Ocean.
But with this spectacular beauty comes real danger. Throughout the
year, the Hoh Tribe must deal with the threat of tsunamis. The Pacific
Coast is an extremely active seismic zone. Every time there is an
earthquake in the eastern Pacific area, the Hoh Tribe, along with other
coastal tribes in Washington State, must be vigilant for a tsunami,
which could prove devastating.
In addition to the tsunami threat, the tribe must deal with severe
flooding on a more or less annual basis during the winter storm season,
which lasts far longer than the time period officially designated as
winter. The tribe's dry lands on their already small reservation have
shrunk over the years because the Hoh River and the Pacific Ocean are
encroaching upon their lands. They have suffered through high floods
that have destroyed homes, tribal buildings, and other tribal
infrastructure. A few years ago, my office had to call the Washington
State National Guard in order to help the tribe place sandbags during a
flood emergency.
Let me reiterate that all of the tribe's current reservation is
located within a tsunami zone and nearly all of it within a floodplain.
Sadly, it has become an unsafe place for the tribal members who live on
the reservation. These threats preclude Federal agencies, including the
BIA, FEMA, and HUD, from providing assistance due to the location
within a flood-prone area. This clearly is an unacceptable situation
for the tribe.
In response, the Hoh Tribe has come up with its own plan on how to
solve this problem, and I support it strongly. The tribe has purchased
several parcels of land a short distance and upland from the current
reservation that would be acceptable for housing, infrastructure, and
other tribal projects. More importantly, this newly acquired land is
away from the floodplain and tsunami zone. The State of Washington's
Department of Natural Resources also has given the tribe a parcel of
logged land in this same area.
To add to the newly acquired property, this legislation would
transfer to the tribe a 37-acre parcel of land currently part of
Olympic National Park. This small parcel would make all of these lands
contiguous to the existing reservation. In addition, the main road for
the tribe runs through this parcel currently owned by the National Park
Service. The tribe, Olympic National Park, and others within the park
service have agreed to transfer the parcel to the tribe, with certain
restrictions on development, including a prohibition on gaming. This is
a mutually agreeable arrangement worked out by the tribe and the
National Park Service.
The transfer of this land to the Hoh Tribe is also of benefit to the
Park Service. This land has been logged repeatedly and therefore is not
considered to be high-value from an ecological point of view. The
parcel in its current state also is difficult for the park service to
manage because it is a small 37-acre sliver of land surrounded by non-
Federal land.
Another reason the land transfer is beneficial to the park service is
that it further demonstrates how Olympic National Park is a good
neighbor. Any of my colleagues who represent districts with Federal
land know how important it is for these agencies to respect their non-
Federal neighbors and to provide them benefit.
The tribe has done a good job reaching out to its neighbors in the
area and gaining support for this project. Local landowners, the Hoh
River Trust, environmental organizations, and others support this
legislation. Elected officials who support this legislation include
Governor Gregoire, the local State representatives and senators, and
the Jefferson County commissioners.
So, clearly, it is time for the Congress to do its part and pass this
legislation. We need to clear the way for Federal assistance from FEMA,
BIA, HUD, and other Federal agencies in an area desperately in need of
it.
I want to thank Chairman Rahall and Ranking Member Hastings for
shepherding this legislation through the process that brought us here
to the House floor today. I also want to thank Janet Ericson who is the
new staff director of the Office of Indian Affairs. And I would be
remiss if I did not recognize the hard work on this bill by Janet's
predecessor, Marie Howard.

[[Page H4225]]

In closing, I want to commend the Hoh Tribe and tribal council,
Chairwoman Maria Lopez, and Alexis Berry, the executive director, for
their vision, their steadfastness of purpose, and their sustained
effort to fix a serious problem. You have done a remarkable job of
doing your part to solve the very difficult problem that you face. Now
it is up to the House to pass this legislation so it can soon be signed
into law.
I appreciate the gentlewoman yielding me time today. This is an
important issue in my district, and I appreciate the bipartisan
cooperation that we have received on this bill.
Mr. CONYERS. Madam Speaker, I rise tonight in support of the ``Hoh
Indian Tribe Safe Homelands Act.'' This act declares that 37 acres of
land within Olympic National Park is held in trust by the United States
for the benefit of the Hoh Indian Tribe, a federally recognized tribe.
The Hoh Tribe has demonstrated a compelling need to add lands to its
existing Reservation to provide a safe area in which to construct
housing and other facilities for its members. The present reservation
area is in a tsunami zone and prone to major flooding. Additionally,
Federal agencies such as the Bureau of Indian Affairs, the Department
of Housing and Urban Development, and the Federal Emergency Management
Agency have limited authority to assist the tribe with housing and
other improvements and services due to the dangerous and unsustainable
location of the reservation.
I applaud Chairman Rahall for his diligence in transferring this land
to the Hoh Indian Tribe to enable them to live with a sense of
stability and without fear of flooding.
I encourage my colleagues to support the bill.
Mr. CHAFFETZ. Madam Speaker, I again urge passage of this important
bill and support its passage.
I have no further requests for time, and I yield back the balance of
my time.
Ms. BORDALLO. Madam Speaker, I again urge Members to support this
bill.
I have no further requests for time, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules
and pass the bill, H.R. 1061, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Ms. BORDALLO. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.

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