[House Report 111-306]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-306
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HOH INDIAN TRIBE SAFE HOMELANDS ACT
_______
October 21, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1061]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 section of Jefferson County,
Washington, is the homeland of the Hoh Indian Tribe, a
federally recognized 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 Reservation unfit for safe occupation.
(4) The Tribe has repeatedly suffered from serious flood and
wind damage to homes, tribal buildings, and utility
infrastructure that have caused significant damage and resulted
in critical safety and environmental hazards.
(5) 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.
(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 Department of
Natural Resources has transferred ownership 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.
(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 community.
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; PLACEMENT 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 boundaries of the Olympic National Park. Upon conveyance to the
Secretary by the Tribe, and subject to the completion of an assessment
of the nature and extent of any potential liability resulting from
hazardous substances or other environmental 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 Reservation
(c) Description of Lands.--The land to be transferred 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 National 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 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 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 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 FEDERAL 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 and protected
and no actions that would adversely affect 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 existing resources,
no logging or hunting shall be allowed 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 reconstructed to assure access to
the area.
(5) The Tribe may authorize tribal members to engage in
ceremonial and other treaty uses of the Federal 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.
(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 authorized 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 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.).
PURPOSE OF THE LEGISLATION
The purpose of H.R. 1061 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The Hoh Indian Reservation, located next to the Hoh River
and the Pacific Ocean in a remote section of Jefferson County,
Washington, is the homeland of the Hoh Indian Tribe (the
Tribe), a federally recognized Indian Tribe. The Hoh Indian
Reservation was established by Executive Order in 1893. The
Reservation occupies approximately one square mile of land, but
the inhabitable acreage has decreased over time due to erosion,
storm surge, and repeated flooding. The entire Reservation is
within a tsunami zone and 90 percent of the reservation is
within a flood zone making the Reservation unfit for safe
occupation.
The current Hoh Indian Reservation is unsafe for habitation
due to its location in both a tsunami and flood zone. Frequent
flooding in the past five years has necessitated Bureau of
Indian Affairs funding for reconstruction projects for tribal
infrastructure damaged during floods and severe weather. The
Tribe has purchased from private owners approximately 260 acres
of land near the reservation to move key infrastructure and
residents out of the flood and tsunami zone. In addition, the
State of Washington's Department of Natural Resources has
transferred ownership of 160 acres of land to the Tribe that is
adjacent to the 260 acres of private land acquired by the
Tribe. These newly acquired lands are only accessible from the
Tribe's current Reservation via a road that crosses a 37-acre
parcel of Olympic National Park. Placing this parcel of
National Park land into trust for the tribe would create a
contiguous tract of land for the Hoh tribe to safely inhabit.
It would allow for unencumbered transportation to the new
tribal reservation and allow for continued preservation and
conservation of federal land.
COMMITTEE ACTION
H.R. 1061 was introduced on February 13, 2009 by Rep. Norm
Dicks (D-WA). The bill was referred to the Committee on Natural
Resources. On June 3, 2009, the Committee on Natural Resources
held a hearing on H.R. 1061. The Committee received testimony
from Mr. George Skibine, Deputy Assistant Secretary for Policy
and Economic Development for Indian Affairs, U.S. Department of
the Interior and Mr. Ernie Penn, Tribal Council Member, Hoh
Indian Tribe.
On July 9, 2009, the Committee met to consider the bill.
Chairman Rahall (D-WV) offered an amendment in the nature of a
substitute to clarify the ability and restrictions on the Tribe
to repair and maintain the access road located within the 37
acres of National Park System land. The amendment also required
an environmental assessment to be completed before the state
and private land acquired by the Tribe are taken into trust by
the federal government. The amendment was adopted by voice
vote. The bill, as amended, was then ordered favorably reported
to the House of Representatives by voice vote.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the ``Hoh
Indian Tribe Safe Homelands Act''.
Section 2. Findings
Section 2 describes the Hoh Indian Reservation in Jefferson
County, Washington, and the hazardous environmental conditions
that explain the need for this land transfer.
Section 3. Definitions
Section 3 defines key terms included in the bill.
Section 4. Transfer of lands to be held in trust as part of the Tribe's
Reservation; placement of other land into trust
Section 4 declares the federal lands from Olympic National
Park described in subsection (c)(2) to be held in trust by the
United States for the benefit of the Tribe. This section also
provides that the Secretary of the Interior shall take the non-
federal lands described in subsection (c)(1) into trust to be
held by the United States for the benefit of the Tribe, subject
to the completion of an assessment of the potential liability
from environmental problems associated with the property and
the remediation of any liabilities. The section further
provides that the transferred lands shall be part of the
Reservation, and be described by a map titled ``Hoh Indian
Tribe Safe Homelands Act Land Acquisition Map''. This section
also instructs the Tribe and National Park Service to work
cooperatively on issues of mutual concern regarding this Act.
The Committee considers that conveying land out of the
National Park System should be contemplated only under the most
extraordinary of circumstances. H.R. 1061 addresses an
immediate threat to the safety and health of the 230 members of
the Hoh Indian Tribe by conveying a small parcel on the edge of
Olympic National Park. This legislation makes clear that the
condition of the land at the time of transfer is to be
preserved and protected, as is its use as a natural wildlife
corridor. No commercial, residential, industrial or other
buildings may be placed on the land. Routine maintenance may be
performed on the existing road through the parcel, but that
road may not be widened or otherwise expanded, and no other
roads or access routes are permitted. No hunting or logging is
permitted, nor is any action that would adversely affect the
natural environment other than those expressly permitted by the
legislation. In sum, the conveyance will not harm the integrity
of the park, does not threaten park resources, and does not
require a future investment of NPS maintenance or operations
funds. As such, the bill should not be considered a precedent
for justifying requests to accommodate special interests at the
expense of national park resources and congressionally
designated management units such as wilderness.
Section 5. Preservation of existing condition of Federal land; terms of
conservation and use in connection with land transfer
Section 5 provides restrictions on use of the federal lands
transferred in this bill. It provides the land be subject to
the following conditions: that no commercial, residential,
industrial, or other structures be placed on the federal land
being transferred; that to protect the natural condition of the
land, no hunting or logging shall be allowed; and that routine
maintenance on the two-lane road may be conducted, but the road
may not be widened or otherwise expanded and no other roads may
be developed.
This section further provides that the Tribe may authorize
tribal members to engage in ceremonial and other treaty uses on
the federal lands and no existing tribal treaty rights shall be
diminished by this Act. Furthermore, this section directs the
Secretary of the Interior and the Tribe to enter into mutual
aid agreements for emergency fire aid, dissemination of tribal
culture and traditions, to develop a multipurpose, non
motorized trail, and for other purposes related to the Act.
Section 6. Hoh Indian Reservation
Section 6 states that all lands taken into trust by the
United States under this Act shall be part of the Hoh Indian
reservation.
Section 7. Gaming prohibition
Section 7 prohibits the use of any lands taken into trust
under this Act to be considered as Indian lands for the purpose
of the Indian Gaming Regulatory Act (25 U.S.C. Sec. 2701 et
seq.).
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to transfer certain land to the
United States to be held in trust for the Hoh Indian Tribe.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 1061--Hoh Indian Tribe Safe Homelands Act of 2009
CBO estimates that implementing H.R. 1061 would cost less
than $500,000 over the 2010-2014 period, subject to the
availability of appropriated funds. Enacting H.R. 1061 would
not affect direct spending or revenues.
H.R. 1061 would transfer 37 acres of land from the National
Park Service (NPS) to the Bureau of Indian Affairs (BIA) to be
held in trust for the Hoh Indian Tribe in Washington. Upon
conveyance to the tribe, BIA also would take into trust an
additional 460 acres of nonfederal land acquired by the tribe,
provided that certain conditions specified in the bill are met.
The bill also would extend the boundaries of the tribe's
reservation to include conveyed and NPS lands. Based on
information from BIA and NPS, we estimate that transfering the
lands into trust would not result in large costs over the next
five years.
The tribe could seek funding from BIA and the Department of
Housing and Urban Development for certain services on the new
reservation land; those resources are subject to the
availability of appropriated funds, and H.R.1061 would not
specifically authorize funding for those activities. In
addition, according to the Department of the Interior, the NPS
lands currently generate no receipts from mineral leasing or
other activities and are not expected to do so during the next
10 years. Therefore, CBO estimates that conveying the land
would not affect offsetting receipts (a credit against direct
spending).
H.R. 1061 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act. The
tribe would benefit from the transfer of land.
The CBO staff contact for this estimate is Leigh Angres.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 1061 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
This bill is not intended to preempt any State, local, or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
ADDITIONAL VIEWS
The Committee is to be commended for favorably considering
H.R. 1061. In moving this legislation, the Committee sets a
valuable precedent by transferring without consideration 37
acres of lands within Olympic National Park to a non-federal
owner--in this case the Hoh Tribe--to meet a legitimate need.
The National Park Service has expressed support for
transferring lands from Olympic National Park to the tribe
without requiring a land exchange or other compensation. We are
not aware of any opposition expressed 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. At present, the Tribe's Reservation, which was created
by Executive Order in 1893, lies within one of the rainiest
areas of the country located 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 authorized 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.
One might wonder why Congress would give away national park
lands. We sometimes hear a refrain from environmental special
interest groups, and occasionally from Members of Congress,
that the government should never just give away public lands,
let alone national parklands.
Perhaps it is fair to turn this question around: why did
Congress designate a national park where it would hem in lands
reserved to an Indian tribe? Shouldn't Congress pass more land
transfers when the right for a community to have safe,
accessible lands for homes and economic development is at
stake?
The tribe's reservation was established prior to the park.
Many other communities, mostly in the West, were also settled
prior to later federal wilderness and park designations. Such
communities often prize their national parks but they also
prize their prior right to build safe, affordable towns and
cities with the same opportunity and good quality of life that
is generally taken for granted in urban areas and in the East.
H.R. 1061 sensibly incorporates this view.
It is important to note the Committee adopted an amendment
that, among other changes, clarifies that if the existing road
in the Hoh Reservation is washed out, a new one can be re-
built. The bill also includes a provision allowing the Tribe
and the Park Service to construct a multi-purpose, non-
motorized trail linking Highway 101 to the Pacific Ocean. These
measures are very important, and Congress would be wise to
consider other pending bills to ensure safe and convenient
access in communities where roads are washed out by floods,
especially in National Parks.
Doc Hastings.