Bills of Congress by U.S. Congress

S.1513 - Lower Elwha Klallam Tribe Project Lands Restoration Act (119th Congress)

Summary

S.1513, 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 Act also addresses land management along the Elwha River and clarifies that the transferred 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 transfer could lead to changes in land use and resource management practices. The Act explicitly states that the transfer does not impact existing treaty rights.

Potential Benefits

  • Tribal Sovereignty: Empowers the Lower Elwha Klallam Tribe by granting them control over their ancestral lands.
  • Cultural Preservation: Allows the tribe to manage and protect culturally significant sites and resources.
  • Economic Development: Provides opportunities for the tribe to develop the land for economic purposes, such as resource management or tourism.
  • Environmental Stewardship: Enables the tribe to implement their own environmental management practices, potentially leading to improved ecosystem health.
  • Treaty Rights: Explicitly protects existing treaty rights, ensuring no negative impact on those rights.

Potential Disadvantages

  • Potential Land Use Conflicts: Transferring federal land to tribal control could lead to conflicts with neighboring landowners or other stakeholders regarding land use and resource management.
  • Loss of Federal Control: The federal government relinquishes control over the land, potentially impacting federal projects or initiatives in the area.
  • Administrative Burden: The Secretary of the Interior is required to conduct surveys and make boundary adjustments, which could create an administrative burden.
  • Economic Restrictions: The land cannot be used for gaming purposes under the Indian Gaming Regulatory Act, potentially limiting economic development options.
  • Uncertainty in Management: Changes in land management practices could have unforeseen environmental or economic consequences.

Constitutional Alignment

The Act 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 Act does not appear to infringe upon any specific constitutional rights or limitations.

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).