Lower Elwha Klallam Tribe to Recover 1,082 Acres of Land; Gaming Restricted on New Trust Property

This legislation, officially titled the Lower Elwha Klallam Tribe Project Lands Restoration Act, directs the federal government to transfer approximately 1,082.63 acres of land into a special trust for the Lower Elwha Klallam Tribe in Washington State. Essentially, the bill takes specific federal land, currently within Olympic National Park boundaries, and adds it to the existing Lower Elwha Indian Reservation. This move is a direct land restoration effort, immediately increasing the Tribe’s land base and jurisdiction.

The Land Transfer: Cutting the Red Tape

One of the most interesting provisions in this bill is how it handles the paperwork for the transfer (Sec. 2). Normally, when the federal government transfers land, there are mandatory rules involving appraisals, valuations, and equalization—a bureaucratic process designed to make sure the government gets fair value. This Act explicitly waives those requirements for this specific transfer. For the Tribe, this means the land transfer can happen much faster without getting bogged down in years of federal real estate negotiations. It streamlines the process, which is a big deal when dealing with federal land bureaucracy, but it also means the usual checks and balances on land value are skipped in favor of expediency.

Where the River Runs: Environmental Management

For anyone interested in environmental policy, the bill includes a key detail about how this land will be managed, especially the parts touching the Elwha River (Sec. 2). If any of the newly transferred land includes the river area that was part of the massive Elwha River ecosystem restoration project—the one where they removed the two major dams—that specific portion must still be managed under the rules of the Wild and Scenic Rivers Act. This ensures that even under tribal trust management, the environmental protections and restoration goals for the river remain in place, preserving the significant federal investment in the area’s recovery.

The Fine Print: No Casinos on This Land

Here’s a provision that provides certainty for both the Tribe and surrounding communities: the land transferred under this Act cannot be used for gaming (Sec. 2). The bill explicitly states that this new trust land will not be considered “Indian lands” for the purposes of the Indian Gaming Regulatory Act. While the Tribe gains significant land, this specific acreage is off-limits for developing casinos or other gaming enterprises under federal law. This restriction is a clear limitation on the economic use of the land, providing a definitive answer on future development.

Treaty Rights Remain Untouched

Finally, the legislation includes a critical safeguard for tribal sovereignty. Section 3 explicitly states that nothing in this new law affects any existing treaty rights held by the S’Klallam Indians under the Treaty of Point no Point, signed back in 1855. This is standard but important legislative practice: when enacting new laws that affect tribal land or jurisdiction, Congress often includes language to ensure that these actions don't inadvertently erode or supersede historical treaty obligations. For the Tribe, it’s confirmation that the land transfer is purely restorative and doesn't come with hidden legal costs to their existing rights.