This bill officially transfers approximately 1,082.63 acres of federal land into trust for the Lower Elwha Klallam Tribe while preserving existing treaty rights and prohibiting gaming on the newly acquired land.
Emily Randall
Representative
WA-6
This Act officially transfers approximately 1,082.63 acres of federal land into trust for the Lower Elwha Klallam Tribe in Washington State, immediately adding it to their Reservation. The transfer is expedited, bypassing standard appraisal requirements. Importantly, this newly held trust land will not be subject to gaming activities under federal law, and the legislation explicitly preserves all existing treaty rights of the Tribe.
This legislation, officially called the Lower Elwha Klallam Tribe Project Lands Restoration Act, transfers approximately 1,082.63 acres of federal land in Washington State to the Lower Elwha Klallam Tribe. The land will immediately be held in trust by the U.S. government for the Tribe, making it part of their existing Reservation. Notably, this transfer is designed to be fast, skipping the usual federal requirements for property appraisal or valuation beforehand (SEC. 2).
When land is taken into trust, it means the federal government holds the title, but the Tribe manages the land and exercises jurisdiction over it. For the Tribe, this transfer is a significant act of land restoration and self-determination, adding over a thousand acres back to their territory. For the rest of us, it streamlines a complex bureaucratic process: by waiving the appraisal requirement, the bill speeds up the transfer, which often gets bogged down in lengthy valuation disputes (SEC. 2).
This bill has two major real-world restrictions built into it. First, any part of the Elwha River that falls within the newly transferred trust land must be managed according to the rules of the Wild and Scenic Rivers Act. This is a big win for environmentalists and anyone who cares about river health, ensuring that a significant portion of the river system maintains its natural character (SEC. 2). Second, and perhaps more surprising, the bill explicitly states that this land cannot be used for gaming activities under the Indian Gaming Regulatory Act (SEC. 2). So, if you were hoping for a new casino near this parcel, that won't be happening—the land is permanently off-limits for that specific type of economic development under federal law.
It’s important to note what this bill doesn’t do. Section 3 makes it crystal clear that this legislation does not change or diminish any existing treaty rights held by the S'Klallams Indians, specifically those guaranteed under the 1855 Treaty of Point no Point. This provision ensures that the land transfer doesn't accidentally interfere with or supersede historical legal agreements, which is crucial for maintaining the integrity of tribal sovereignty and existing legal frameworks.
Finally, the Secretary of the Interior is tasked with surveying and defining the precise boundaries of the 1,082.63 acres. The bill gives the Secretary the power to make “small tweaks” or corrections to the boundaries or maps to fix any minor errors (SEC. 2). While this power is necessary for administrative accuracy, it’s a detail worth noting: it means the final, exact acreage could shift slightly from the 1,082.63 figure if a survey finds a technical error. For the average person, this is just bureaucratic housekeeping, but for the Tribe, it’s the final step in legally defining their new land base.