HR 2388 — 119th Congress

Lower Elwha Klallam Tribe Project Lands Restoration Act

Introduced Mar 26, 2025 Open for voting
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Core Policy Mechanism Top 4

Federal Land Taken Into Trust for Lower Elwha Klallam Tribe

Directs the United States to take approximately 1,082.63 acres of federal land (formerly National Park Service parcels in the Elwha River dam project area) into trust for the benefit of the Lower Elwha Klallam Tribe, incorporating the land into the Lower Elwha Indian Reservation, and authorizes the Department of the Interior (DOI) to conduct a boundary survey and make minor adjustments to the transferred acreage.

  • Population Scope Low The provision directly benefits the Lower Elwha Klallam Tribe, a single tribal community in Washington State representing a very small fraction of the U.S. population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated; the land transfer occurs by statutory directive and the survey duty carries no appropriation.
  • Legal / Regulatory Depth High Creates a new federal trust relationship over 1,082.63 acres by statute, permanently changing the land's legal status, jurisdiction, and ownership regime — a new statutory mandate with binding legal effect on the United States.
  • Degree of Discretion Granted Medium The trust transfer is mandatory ('is hereby taken'), but the Secretary of the Interior (DOI) retains discretionary authority to make minor boundary adjustments and correct errors in survey descriptions.
  • Implementation & Enforcement Burden Low Imposes a one-time survey obligation on DOI with no recurring compliance requirements, enforcement mechanisms, or penalties.
  • Temporal Commitment High The trust status and reservation inclusion are permanent, binding indefinitely until Congress affirmatively acts to reverse them.
No signal yet

Carve-outs, Exemptions, Eligibility Top 4

Gaming Prohibition on Transferred Trust Land

Excludes all land taken into trust for the Lower Elwha Klallam Tribe under this Act from classification as 'Indian lands' under the Indian Gaming Regulatory Act, thereby prohibiting gaming on the transferred parcels.

  • Population Scope Low Directly affects only the Lower Elwha Klallam Tribe with respect to gaming rights on a specific parcel, a uniquely narrow population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or restricted; the prohibition operates by excluding land from a statutory definition with no fiscal mechanism.
  • Legal / Regulatory Depth High Creates a new statutory prohibition by carving the transferred land out of the Indian Gaming Regulatory Act's definition of 'Indian lands,' extinguishing a gaming right the Tribe would otherwise hold — a binding new restriction with permanent legal effect.
  • Degree of Discretion Granted Low The prohibition is absolute with no waiver, exception, or agency discretion provided; the exclusion from 'Indian lands' status operates automatically by statute.
  • Implementation & Enforcement Burden Low Requires no new enforcement infrastructure; the prohibition self-executes through the existing Indian Gaming Regulatory Act framework, imposing no new compliance or adjudicatory burden.
  • Temporal Commitment High The gaming prohibition is indefinite with no expiration, persisting until Congress affirmatively acts to repeal it.
No signal yet

Regulatory or Legal Changes Top 4

Wild and Scenic River Management Requirement on Trust Land

Requires that the portion of the Elwha River within the land taken into trust be managed in accordance with the Wild and Scenic Rivers Act's management standards, with exceptions permitted only for modifications required under the Elwha River Ecosystem and Fisheries Restoration Act.

  • Population Scope Low The requirement governs management of a specific river corridor within a single 1,082-acre parcel, directly affecting only the Lower Elwha Klallam Tribe and the Department of the Interior (DOI) as land manager.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this management standard.
  • Legal / Regulatory Depth Medium Imposes a new statutory management standard on trust land — constraining existing DOI discretion by mandating Wild and Scenic Rivers Act compliance — but does not create a new private right or broadly restructure a program.
  • Degree of Discretion Granted Low The provision is mandatory ('shall be managed'), leaving DOI no discretion over whether to apply the Wild and Scenic Rivers Act standard, only narrow room for modifications expressly authorized under the Elwha River Ecosystem and Fisheries Restoration Act.
  • Implementation & Enforcement Burden Low No new enforcement infrastructure or penalties are created; compliance is an internal management obligation on DOI for a discrete parcel.
  • Temporal Commitment High Persists indefinitely until Congress acts to repeal or modify it.
No signal yet

Core Policy Mechanism Top 4

Treaty Rights Preservation Clause

Declares that nothing in this Act affects treaty rights held under the 1855 Treaty of Point No Point between the United States and the S'Klallam Indians, preserving all pre-existing treaty rights independent of the land transfer.

  • Population Scope Low Directly protects treaty rights of members of the Lower Elwha Klallam Tribe and related S'Klallam peoples — a small, geographically concentrated population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this savings clause.
  • Legal / Regulatory Depth Medium Creates a new statutory savings clause that binds courts and agencies against interpreting this Act to diminish treaty rights — a procedural constraint on statutory interpretation rather than a substantive change to the underlying treaty rights themselves.
  • Degree of Discretion Granted Low The clause operates as a categorical non-diminishment rule, leaving no agency or judicial discretion to read the Act as affecting treaty rights.
  • Implementation & Enforcement Burden Low No new enforcement mechanisms or compliance obligations are created; the clause functions as a passive interpretive guardrail.
  • Temporal Commitment High Same as above.
No signal yet

No possible riders have been surfaced for this bill.

Summary

This bill directs the United States to take approximately 1,082.63 acres of federal land in Washington State — formerly part of the Elwha River dam project area within Olympic National Park — into trust for the benefit of the Lower Elwha Klallam Tribe, adding the land to the Lower Elwha Indian Reservation. The legislation specifies that a portion of the Elwha River within the transferred land must be managed under the Wild and Scenic Rivers Act, prohibits gaming on the transferred land under the Indian Gaming Regulatory Act, and preserves existing treaty rights under the 1855 Treaty of Point No Point.

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Version Event Date User support Your vote Roll calls
Original
Initial publication
Mar 26, 2025
Mar 26, 2025 No votes yet — —

Core Policy Mechanism Top 4

Federal Land Taken Into Trust for Lower Elwha Klallam Tribe

Directs the United States to take approximately 1,082.63 acres of federal land (formerly National Park Service parcels in the Elwha River dam project area) into trust for the benefit of the Lower Elwha Klallam Tribe, incorporating the land into the Lower Elwha Indian Reservation, and authorizes the Department of the Interior (DOI) to conduct a boundary survey and make minor adjustments to the transferred acreage.

  • Population Scope Low The provision directly benefits the Lower Elwha Klallam Tribe, a single tribal community in Washington State representing a very small fraction of the U.S. population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated; the land transfer occurs by statutory directive and the survey duty carries no appropriation.
  • Legal / Regulatory Depth High Creates a new federal trust relationship over 1,082.63 acres by statute, permanently changing the land's legal status, jurisdiction, and ownership regime — a new statutory mandate with binding legal effect on the United States.
  • Degree of Discretion Granted Medium The trust transfer is mandatory ('is hereby taken'), but the Secretary of the Interior (DOI) retains discretionary authority to make minor boundary adjustments and correct errors in survey descriptions.
  • Implementation & Enforcement Burden Low Imposes a one-time survey obligation on DOI with no recurring compliance requirements, enforcement mechanisms, or penalties.
  • Temporal Commitment High The trust status and reservation inclusion are permanent, binding indefinitely until Congress affirmatively acts to reverse them.
No signal yet

Core Policy Mechanism

Federal Land Taken Into Trust for Lower Elwha Klallam Tribe

Carve-outs, Exemptions, Eligibility Top 4

Gaming Prohibition on Transferred Trust Land

Excludes all land taken into trust for the Lower Elwha Klallam Tribe under this Act from classification as 'Indian lands' under the Indian Gaming Regulatory Act, thereby prohibiting gaming on the transferred parcels.

  • Population Scope Low Directly affects only the Lower Elwha Klallam Tribe with respect to gaming rights on a specific parcel, a uniquely narrow population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or restricted; the prohibition operates by excluding land from a statutory definition with no fiscal mechanism.
  • Legal / Regulatory Depth High Creates a new statutory prohibition by carving the transferred land out of the Indian Gaming Regulatory Act's definition of 'Indian lands,' extinguishing a gaming right the Tribe would otherwise hold — a binding new restriction with permanent legal effect.
  • Degree of Discretion Granted Low The prohibition is absolute with no waiver, exception, or agency discretion provided; the exclusion from 'Indian lands' status operates automatically by statute.
  • Implementation & Enforcement Burden Low Requires no new enforcement infrastructure; the prohibition self-executes through the existing Indian Gaming Regulatory Act framework, imposing no new compliance or adjudicatory burden.
  • Temporal Commitment High The gaming prohibition is indefinite with no expiration, persisting until Congress affirmatively acts to repeal it.
No signal yet

Carve-outs, Exemptions, Eligibility

Gaming Prohibition on Transferred Trust Land

Regulatory or Legal Changes Top 4

Wild and Scenic River Management Requirement on Trust Land

Requires that the portion of the Elwha River within the land taken into trust be managed in accordance with the Wild and Scenic Rivers Act's management standards, with exceptions permitted only for modifications required under the Elwha River Ecosystem and Fisheries Restoration Act.

  • Population Scope Low The requirement governs management of a specific river corridor within a single 1,082-acre parcel, directly affecting only the Lower Elwha Klallam Tribe and the Department of the Interior (DOI) as land manager.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this management standard.
  • Legal / Regulatory Depth Medium Imposes a new statutory management standard on trust land — constraining existing DOI discretion by mandating Wild and Scenic Rivers Act compliance — but does not create a new private right or broadly restructure a program.
  • Degree of Discretion Granted Low The provision is mandatory ('shall be managed'), leaving DOI no discretion over whether to apply the Wild and Scenic Rivers Act standard, only narrow room for modifications expressly authorized under the Elwha River Ecosystem and Fisheries Restoration Act.
  • Implementation & Enforcement Burden Low No new enforcement infrastructure or penalties are created; compliance is an internal management obligation on DOI for a discrete parcel.
  • Temporal Commitment High Persists indefinitely until Congress acts to repeal or modify it.
No signal yet

Regulatory or Legal Changes

Wild and Scenic River Management Requirement on Trust Land

Core Policy Mechanism Top 4

Treaty Rights Preservation Clause

Declares that nothing in this Act affects treaty rights held under the 1855 Treaty of Point No Point between the United States and the S'Klallam Indians, preserving all pre-existing treaty rights independent of the land transfer.

  • Population Scope Low Directly protects treaty rights of members of the Lower Elwha Klallam Tribe and related S'Klallam peoples — a small, geographically concentrated population.
  • Budgetary Magnitude Low No funds are authorized, appropriated, or obligated by this savings clause.
  • Legal / Regulatory Depth Medium Creates a new statutory savings clause that binds courts and agencies against interpreting this Act to diminish treaty rights — a procedural constraint on statutory interpretation rather than a substantive change to the underlying treaty rights themselves.
  • Degree of Discretion Granted Low The clause operates as a categorical non-diminishment rule, leaving no agency or judicial discretion to read the Act as affecting treaty rights.
  • Implementation & Enforcement Burden Low No new enforcement mechanisms or compliance obligations are created; the clause functions as a passive interpretive guardrail.
  • Temporal Commitment High Same as above.
No signal yet

Core Policy Mechanism

Treaty Rights Preservation Clause