< Back to H.R. 5992 (112th Congress, 2011–2013)

Text of the Samish Indian Nation Homelands Act of 2012

This bill was introduced on June 21, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 21, 2012 (Introduced).

Download PDF

Source: GPO

I

112th CONGRESS

2d Session

H. R. 5992

IN THE HOUSE OF REPRESENTATIVES

June 21, 2012

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To direct the Secretary of the Interior to place certain lands in Skagit and San Juan Counties, Washington, into trust for the Samish Indian Nation, and for other purposes.

1.

Short title

This Act may be cited as the Samish Indian Nation Homelands Act of 2012.

2.

Definitions

(a)

Parcels

The term parcels means the 16 parcels of approximately 95 acres of land owned by the Tribe, located in Skagit County and San Juan County, Washington, and depicted on the Map.

(b)

Map

The term Map means the map titled the Samish Indian Nation Homeland Map dated June 20, 2012.

(c)

Secretary

The term Secretary means the Secretary of the Interior.

(d)

Tribe

The term Tribe means the Samish Indian Nation, a federally recognized Indian Tribe.

3.

Land into trust

(a)

Action by the Secretary of the Interior

(1)

Fulfillment of conditions

On fulfillment of each condition described in paragraph (2), and in accordance with the regulations of the Department of the Interior for implementing the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) that are applicable to trust land acquisitions for Indian tribes that are mandated by Federal legislation, the Secretary shall take the land described in the Map 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 parcels of land described in the Map; and

(B)

submit to the Secretary a request to take the parcels of land described in the Map into trust for the Tribe.

(b)

Survey

(1)

Responsibility for survey

The Tribe shall conduct a survey of the boundaries of the parcels described in the Map and designated for the Tribe and submit the survey to the Bureau of Indian Affairs.

(2)

Approval of survey

(A)

Not later than 90 days after the date on which the survey is submitted under this subsection, the Director of the Bureau of Indian Affairs shall complete a review of the survey, and provide the Tribe with notice of concurrence of the survey.

(B)

Not later than 120 days after the date on which concurrence is provided to the Tribe, the Secretary shall submit a copy of the survey to the appropriate Committees of Congress, and make the survey available to the public at the appropriate office of the Secretary.

(c)

Effect of Act

Nothing in this Act limits the existing rights or claims of the Samish Indian Nation.

4.

Hunting, fishing, trapping, and gathering

This Act shall not grant, restore, or diminish any hunting, fishing, trapping or gathering treaty right of any tribe.

5.

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)).