H.R.2388 - Lower Elwha Klallam Tribe Project Lands Restoration Act (119th Congress)
Summary
H.R.2388, the Lower Elwha Klallam Tribe Project Lands Restoration Act, directs the Secretary of the Interior to take approximately 1,082.63 acres of federal land in Washington State into trust for the Lower Elwha Klallam Tribe. This land will become part of the Lower Elwha Indian Reservation. The bill also addresses land management and clarifies that the land is not subject to the Indian Gaming Regulatory Act.
Expected Effects
The bill will transfer control of specific federal lands to the Lower Elwha Klallam Tribe, allowing them to manage the land for their benefit. This could lead to economic development opportunities and enhanced cultural preservation for the tribe. The transfer also ensures that existing treaty rights are not affected.
Potential Benefits
- Tribal Sovereignty: Empowers the Lower Elwha Klallam Tribe by granting them control over their ancestral lands.
- Cultural Preservation: Allows the tribe to protect and manage culturally significant sites.
- Economic Development: Creates opportunities for the tribe to develop the land for economic purposes.
- Environmental Stewardship: Enables the tribe to manage the land in accordance with their traditional ecological knowledge.
- Treaty Rights: Explicitly protects the tribe's treaty rights under the Treaty of Point No Point.
Potential Disadvantages
- Potential Land Use Conflicts: Possible conflicts with neighboring landowners or other stakeholders regarding land use.
- Loss of Federal Control: Reduces federal government control over the transferred land.
- Administrative Burden: Requires the Secretary of the Interior to conduct surveys and make boundary adjustments, potentially creating administrative costs.
- Limited Gaming Revenue: Prohibits gaming on the transferred land, potentially limiting revenue opportunities for the tribe.
- Dependence on Federal Government: The tribe may still be dependent on the federal government for certain aspects of land management and funding.
Constitutional Alignment
The bill appears to align with the federal government's trust responsibility to Native American tribes, which has been recognized through various Supreme Court decisions and federal policies. While the Constitution does not explicitly mention Native American affairs, the Commerce Clause (Article I, Section 8) has been interpreted to grant Congress broad authority over Indian affairs. The bill also respects existing treaty rights, as affirmed in Article VI of the Constitution, which states that treaties are the supreme law of the land.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).