Lower Elwha Klallam Tribe Project Lands Restoration Act
Click any stage to learn more about the legislative process.
Would transfer approximately 1,082.63 acres of federal land in Washington State into trust for the Lower Elwha Klallam Tribe, adding that land to the tribe's existing reservation. The bill explicitly prohibits gaming on the transferred land and preserves the tribe's existing treaty rights under the 1855 Treaty of Point No Point.
What this bill would do
What it would do
The bill would take approximately 1,082.63 acres of federal land — currently depicted as "NPS Parcels to be Transferred to Tribe" on a December 2021 Olympic National Park map — into trust by the United States for the benefit of the Lower Elwha Klallam Tribe. Once taken into trust, the land would become part of the Lower Elwha Indian Reservation. The portion of the Elwha River within the transferred land would continue to be managed in accordance with the Wild and Scenic Rivers Act, with modifications permitted under the Elwha River Ecosystem and Fisheries Restoration Act.
The bill would prohibit the transferred land from being treated as "Indian lands" under the Indian Gaming Regulatory Act, effectively barring any gaming activity on it. It would also direct the Secretary of the Interior to conduct a boundary survey as soon as practicable after enactment and allow minor boundary adjustments or corrections to maps. The bill explicitly states it does not affect treaty rights under the 1855 Treaty of Point No Point.
Key provisions
- 1Would take approximately 1,082.63 acres of federal land in Washington into trust for the Lower Elwha Klallam Tribe, making it part of the tribe's reservation.
- 2Would require the Elwha River portion of the transferred land to be managed consistent with the Wild and Scenic Rivers Act, with permitted modifications under existing restoration law.
- 3Would direct the Secretary of the Interior to survey and define boundaries of the transferred land as soon as practicable, with authority for minor adjustments.
- 4Would prohibit the transferred land from being considered Indian lands for gaming purposes under the Indian Gaming Regulatory Act, barring any gaming activity.
- 5Would preserve all tribal treaty rights under the 1855 Treaty of Point No Point, ensuring the land transfer does not diminish existing rights.
Who would be affected
The Lower Elwha Klallam Tribe of Washington State, whose reservation would expand by over 1,000 acres. The Secretary of the Interior would be directed to conduct a boundary survey and manage the trust process. The land's status as former National Park Service property means federal land managers and any existing rights-holders on the parcel are also affected.
Why it matters
For the Lower Elwha Klallam Tribe, the transfer would restore lands along the Elwha River to tribal ownership, expanding the reservation and tribal land base. The gaming prohibition is a notable condition attached to the trust, distinguishing this transfer from others that leave gaming eligibility open. The Wild and Scenic Rivers Act management requirement would preserve existing river protections on the Elwha River portion.
What would change
Changes to existing law
Amends Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) (Sec. 2(e))
Excludes the transferred Lower Elwha Klallam lands from the definition of Indian lands for gaming purposes, prohibiting gaming on the parcel.
Amends Elwha River Ecosystem and Fisheries Restoration Act (Public Law 102-495) (Sec. 2(c))
Subjects the Elwha River portion of the transferred land to Wild and Scenic Rivers Act management, with modifications permitted under the existing restoration law.
Agencies directed to act
Effective dates
- Land taken into trust for the Tribe upon enactment
- Secretary of the Interior boundary survey to begin
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 2388 would have no significant effect on the federal deficit, with zero impact on direct spending or revenues over the 2026–2035 period.
CBO estimates that H.R. 2388, which would transfer approximately 1,100 acres of land in Washington state from the National Park Service to the Department of the Interior (DOI) to be held in trust for the Lower Elwha Klallam Tribe, would have no effect on direct (mandatory) spending or revenues over the 2026–2035 period. Administrative costs to implement the bill would be minimal (between zero and $500,000 in any given year) and would be subject to the availability of discretionary appropriations — meaning Congress would need to provide funding. CBO found no intergovernmental or private-sector mandates in the bill.
How implementation would work
After enactment, the Secretary of the Interior would be required to conduct a survey to define the boundaries of the transferred land as soon as practicable. The Secretary may also make minor boundary adjustments and correct mapping errors. The land would be held in trust immediately upon enactment — no rulemaking or agency approval process is required for the transfer itself. The Elwha River segment within the parcel would be managed under Wild and Scenic Rivers Act standards, with exceptions allowed under the Elwha River Ecosystem and Fisheries Restoration Act.
Legislative status & sources
Latest action
Committee on Indian Affairs. Ordered to be reported without amendment favorably.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill takes approximately 1,082.63 acres of specified lands in Washington into trust for the benefit of the Lower Elwha Klallam Tribe. Land taken into trust shall be part of the tribe's reservation.
Further, the bill prohibits gaming on the land taken into trust.
Legislative subjects
Federal-Indian relations; Gambling; Geography and mapping; Indian lands and resources rights; Land transfers; Land use and conservation; Native Americans
Committee report
H. Rept. 119-287