Overview

Title

To take certain Federal land in the State of Washington into trust for the Lower Elwha Klallam Tribe, and for other purposes.

ELI5 AI

H.R. 2388 is a plan for the government to give over 1,000 acres of land in Washington to a Native American tribe to take care of it. They can't open a casino there, and some parts might change to keep the river clean.

Summary AI

H.R. 2388 proposes transferring approximately 1,082.63 acres of federal land in Washington state into trust for the Lower Elwha Klallam Tribe, making it part of their reservation. This land transfer will not require any valuation or appraisal and will be managed in line with existing environmental laws, but with some modifications specific to the Elwha River. The bill also prohibits gaming activities on this land. Importantly, it clarifies that the transfer will not impact any treaty rights established by the 1855 Treaty of Point No Point.

Published

2025-03-26
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-03-26
Package ID: BILLS-119hr2388ih

Bill Statistics

Size

Sections:
3
Words:
709
Pages:
4
Sentences:
22

Language

Nouns: 239
Verbs: 45
Adjectives: 23
Adverbs: 7
Numbers: 34
Entities: 72

Complexity

Average Token Length:
4.09
Average Sentence Length:
32.23
Token Entropy:
4.78
Readability (ARI):
17.40

AnalysisAI

The proposed bill, titled the "Lower Elwha Klallam Tribe Project Lands Restoration Act," aims to transfer approximately 1,082.63 acres of federal land in Washington State into trust for the Lower Elwha Klallam Tribe. This legislative action intends to enhance the sovereignty of the Tribe over lands historically significant to its members. The bill, introduced by Representative Randall, is currently under consideration by the House Committee on Natural Resources.

General Summary of the Bill

The core purpose of the bill is to take specific federal lands into trust to be part of the Lower Elwha Indian Reservation in Washington State. The Trust will be held by the United States for the benefit of the Tribe, integrating the land into their existing reservation. Notably, the land involved is exempt from requirements related to valuation, appraisal, or equalization that typically apply under federal law. The bill also outlines a specific management approach for a portion of the land along the Elwha River, aligning it with environmental regulations while allowing necessary adjustments as specified in previous restoration legislation. Importantly, the bill prohibits the use of the transferred land for gaming activities according to the Indian Gaming Regulatory Act. Lastly, it ensures the Act does not alter any pre-existing treaty rights under the Treaty of Point No Point.

Summary of Significant Issues

One of the primary issues highlighted in the bill is the prohibition on gaming activities. While this aims to maintain land use consistent with certain federal regulations, it restricts the Tribe's potential for economic development through gaming operations, which could provide significant revenue and employment opportunities.

Another issue is the lack of specificity regarding 'valid existing rights of the United States' on the land. Without clear criteria, this could lead to ambiguities or disputes over what constitutes these rights, potentially complicating the transfer and use of the land.

The term 'necessary modifications' related to land management under the Wild and Scenic Rivers Act is not clearly defined, which might lead to varied interpretations and potential legal challenges regarding environmental management along the Elwha River.

Finally, the absence of details regarding how 'minor boundary adjustments' will be made and overseen raises concerns about transparency and accountability. Without clear oversight mechanisms, disputes over the exact boundaries of the transferred land could arise.

Public and Stakeholder Impact

The public at large might see this bill as a step forward in addressing historical injustices faced by Native American tribes, acknowledging their sovereign rights over ancestral lands. Restoring land to tribal trust reflects ongoing efforts to rectify past federal policies that often diminished tribal landholdings.

For the Lower Elwha Klallam Tribe, this bill represents a positive development in reintegrating important land into their community and potentially enhancing their ability to manage and develop it in line with their cultural and economic objectives. However, the prohibition on gaming imposes limitations on economic opportunities that might otherwise provide substantial benefits through revenue and job creation.

The bill's clarity on the non-impairment of treaty rights is crucial for the Tribe, ensuring that their historical agreements remain in place without disruption. Conversely, stakeholders involved in environmental regulation and land management may need to address the ambiguities in the bill to ensure effective oversight and compliance with existing laws.

In conclusion, while the "Lower Elwha Klallam Tribe Project Lands Restoration Act" seeks to restore lands to the Tribe and empower its sovereignty, navigating the issues of land rights, management specifics, and economic restrictions will be essential for realization and acceptance by all parties involved.

Issues

  • The section 2 prohibition on gaming activities (section 2(e)) limits economic opportunities for the Tribe, which could be seen as controversial or significant given the potential for gaming operations to provide substantial revenue and employment opportunities for tribal members.

  • Section 2 does not specify the criteria or process for determining 'valid existing rights of the United States' (section 2(b)(1)), which may result in ambiguity or legal disputes over what constitutes valid rights, potentially affecting the land held in trust for the Tribe.

  • The term 'necessary modifications' in section 2(c) lacks specificity, potentially leading to varied interpretations and legal challenges regarding the management of the Elwha River under the Wild and Scenic Rivers Act.

  • There is no mention in section 2(d) of how 'minor boundary adjustments' will be determined or who will oversee them, raising concerns about transparency, accountability, and the potential for disputes over land boundaries.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the act provides the short title for the legislation, allowing it to be referred to as the "Lower Elwha Klallam Tribe Project Lands Restoration Act".

2. Land taken into trust for the Lower Elwha Klallam Tribe Read Opens in new tab

Summary AI

The bill section approves the transfer of approximately 1,082.63 acres of federal land in Washington to be held in trust by the United States for the Lower Elwha Klallam Tribe and makes it part of their reservation, while also specifying that this land cannot be used for gaming purposes under the Indian Gaming Regulatory Act. Additionally, the Secretary of the Interior is tasked with surveying and adjusting the land's boundaries and managing a portion of the land along the Elwha River according to existing environmental regulations.

3. No impact on treaty rights Read Opens in new tab

Summary AI

This section of the bill clarifies that the Act does not alter any treaty rights that are established under the Treaty of Point No Point with the S'Klallams Indians.