[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1162 Enrolled Bill (ENR)]
H.R.1162
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To provide the Quileute Indian Tribe Tsunami and Flood Protection, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OLYMPIC NATIONAL PARK--QUILEUTE TRIBE.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``Olympic
National Park and Quileute Reservation Boundary Adjustment Map'',
numbered 149/80,059, and dated June 2010.
(2) Park.--The term ``Park'' means the Olympic National Park,
located in the State of Washington.
(3) Reservation.--The term ``Reservation'' means the Quileute
Indian Reservation, located on the Olympic Peninsula in the State
of Washington.
(4) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(5) Tribe.--The term ``Tribe'' means the Quileute Indian Tribe
in the State of Washington.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the Reservation is located on the western coast of the
Olympic Peninsula in the State of Washington, bordered by the
Pacific Ocean to the west and the Park on the north, south, and
east;
(B) most of the Reservation village of La Push is located
within the coastal flood plain, with the Tribe's administrative
buildings, school, elder center, and housing all located in a
tsunami zone;
(C) for many decades, the Tribe and the Park have had a
dispute over the Reservation boundaries along the Quillayute
River;
(D) in recent years, this dispute has intensified as the
Tribe has faced an urgent need for additional lands for
housing, schools, and other Tribe purposes outside the tsunami
and Quillayute River flood zones; and
(E) the lack of a settlement of this dispute threatens to
adversely impact the public's existing and future recreational
use of several attractions in the Park that are accessed by the
public's use of Reservation lands.
(2) Purposes.--The purposes of this Act are--
(A) to resolve the longstanding dispute along portions of
the northern boundary of the Quileute Indian Reservation;
(B) to clarify public use and access to Olympic National
Park lands that are contiguous to the Reservation;
(C) to provide the Quileute Indian Tribe with approximately
275 acres of land currently located within the Park and
approximately 510 acres of land along the Quillayute River,
also within the Park;
(D) to adjust the wilderness boundaries to provide the
Quileute Indian Tribe Tsunami and flood protection; and
(E) through the land conveyance, to grant the Tribe access
to land outside of tsunami and Quillayute River flood zones,
and link existing Reservation land with Tribe land to the east
of the Park.
(c) Redesignation of Federal Wilderness Land, Olympic National Park
Conveyance.--
(1) Redesignation of wilderness.--Certain Federal land in the
Park that was designated as part of the Olympic Wilderness under
title I of the Washington Park Wilderness Act of 1988 (Public Law
100-668; 102 Stat. 3961; 16 U.S.C. 1132 note) and comprises
approximately 222 acres, as generally depicted on the Map is hereby
no longer designated as wilderness, and is no longer a component of
the National Wilderness Preservation System under the Wilderness
Act (16 U.S.C. 1131 et seq.).
(2) Lands to be held in trust.--All right, title, and interest
of the United States in and to the approximately 510 acres
generally depicted on the Map as ``Northern Lands'', and the
approximately 275 acres generally depicted on the Map as ``Southern
Lands'', are declared to be held in trust by the United States for
the benefit of the Tribe without any further action by the
Secretary.
(3) Boundary adjustment; survey.--The Secretary shall--
(A) adjust the boundaries of Olympic Wilderness and the
Park to reflect the change in status of Federal lands under
paragraph (2); and
(B) as soon as practicable after the date of enactment of
this section, conduct a survey, defining the boundaries of the
Reservation and Park, and of the Federal lands taken into and
held in trust that are adjacent to the north and south bank of
the Quillayute River as depicted on the Map as ``Northern
Lands''.
(4) Law applicable to certain land.--The land taken into trust
under this subsection shall not be subject to any requirements for
valuation, appraisal, or equalization under any Federal law.
(d) Non-Federal Land Conveyance.--Upon completion and acceptance of
an environmental hazard assessment, the Secretary shall take into trust
for the benefit of the Tribe certain non-Federal land owned by the
Tribe, consisting of approximately 184 acres, as depicted on the Map as
``Eastern Lands'', such non-Federal land shall be designated as part of
the Reservation.
(e) Map Requirements.--
(1) Availability of initial map.--The Secretary shall make the
Map available for public inspection in appropriate offices of the
National Park Service. The Map shall also depict any non-Federal
land currently owned by the Tribe which is being placed in trust
under this section.
(2) Revised map.--Not later than one year after the date of the
land transaction in subsections (d) and (e), the Secretary shall
submit to the Committee on Energy and Natural Resources of the
Senate and Committee on Natural Resources of the House of
Representatives a revised map that depicts--
(A) the Federal and non-Federal land taken into trust under
this section and the Second Beach Trail; and
(B) the actual boundaries of the Park as modified by the
land conveyance.
(f) Jurisdiction.--The land conveyed to the Tribe by this section
shall be designated as part of the Quileute Reservation and placed in
the following jurisdictions:
(1) Trust land.--The same Federal, State, and Tribe
jurisdiction as on all other trust lands within the Reservation, so
long as the exercise of such jurisdiction does not conflict with
the terms of the easement described in subsection (g) below.
(2) Tribe jurisdiction.--Park visitors shall remain subject to
the jurisdiction of the Tribe while on the Second Beach parking
lot, on those portions of the Second Beach Trail on the
Reservation, and Rialto Spit, to the same extent that such visitors
are subject to the Tribe's jurisdiction elsewhere on the
Reservation.
(g) Grant of Easement in Connection With Land Conveyance.--
(1) Easement required.--The conveyances under subsection (c)(2)
shall be subject to the conditions described in this subsection.
(2) Required rights under easement.--Any easement granted under
this subsection must contain the following express terms:
(A) No impact on existing rights.--An easement shall not
limit the Tribe's treaty rights or other existing rights.
(B) Retention of rights.--The Tribe retains the right to
enforce its rules against visitors for disorderly conduct, drug
and alcohol use, use or possession of firearms, and other
disruptive behaviors.
(C) Monitoring of easement conditions.--The Park has the
right, with prior notice to the Tribe, to access lands conveyed
to the Tribe for purposes of monitoring compliance with any
easement made under this subsection.
(3) Exemption for subsection (d) land.--The non-Federal land
owned by the Tribe and being placed into trust by the Secretary in
accordance with subsection (d) shall not be included in, or subject
to, any easement or condition specified in this subsection.
(4) Required terms and conditions.--The following specified
land areas shall be subject to the following easement conditions:
(A) Conditions on northern land.--Certain land that will be
added to the northern boundary of the Reservation by the land
conveyance, from Rialto Beach to the east line of Section 23,
shall be subject to an easement, which shall contain the
following requirements:
(i) The Tribe may lease or encumber the land,
consistent with their status as trust lands, provided that
the Tribe expressly subjects the conveyance or authorized
use to the terms of the easement.
(ii) The Tribe may place temporary, seasonal camps on
the land, but shall not place or construct commercial
residential, industrial, or other permanent buildings or
structures.
(iii) Roads on the land on the date of enactment of
this Act may be maintained or improved, but no major
improvements or road construction may occur, and any road
improvements, temporary camps, or other uses of these lands
shall not interfere with its use as a natural wildlife
corridor.
(iv) The Tribe may authorize Tribe members and third
parties to engage in recreational, ceremonial, or treaty
uses of the land provided that the Tribe adopts and
enforces regulations permanently prohibiting the use of
firearms in the Thunder Field area, and any areas south of
the Quillayute River as depicted on the Map.
(v) The Tribe may exercise its sovereign right to fish
and gather along the Quillayute River in the Thunder Field
area.
(vi) The Tribe may, consistent with any applicable
Federal law, engage in activities reasonably related to the
restoration and protection of the Quillayute River and its
tributaries and streams, weed control, fish and wildlife
habitat improvement, Quillayute River or streambank
stabilization, and flood control. The Tribe and the Park
shall conduct joint planning and coordination for
Quillayute River restoration projects, including streambank
stabilization and flood control.
(vii) Park officials and visitors shall have access to
engage in activities along and in the Quillayute River and
Dickey River that are consistent with past recreational
uses, and the Tribe shall allow the public to use and
access the Dickey River, and Quillayute River along the
north bank, regardless of future changes in the Quillayute
River or Dickey River alignment.
(viii) Park officials and visitors shall have access
to, and shall be allowed to engage in, activities on Tribal
lands at Rialto Spit that are consistent with past
recreational uses, and the Tribe shall have access to Park
lands at Rialto Beach so that the Tribe may access and use
the jetty at Rialto Beach.
(B) Conditions on second beach trail and access.--Certain
Quileute Reservation land along the boundary between the Park
and the southern portion of the Reservation, encompassing the
Second Beach trailhead, parking area, and Second Beach Trail,
shall be subject to a conservation and management easement, as
well as any other necessary agreements, which shall implement
the following provisions:
(i) The Tribe shall allow Park officials and visitors
to park motor vehicles at the Trail parking area existing
on the date of enactment of this Act and to access the
portion of the Trail located on Tribal lands, and the Park
shall be responsible for the costs of maintaining existing
parking access to the Trail.
(ii) The Tribe shall grant Park officials and visitors
the right to peacefully use and maintain the portion of the
Trail that is on Tribal lands, and the Park shall be
responsible for maintaining the Trail and shall seek
advance written approval from the Tribe before undertaking
any major Trail repairs.
(iii) The Park officials and the Tribe shall conduct
joint planning and coordination regarding any proposed
relocation of the Second Beach trailhead, the parking lot,
or other portions of the Trail.
(iv) The Tribe shall avoid altering the forested
landscape of the Tribe-owned headlands between First and
Second Beach in a manner that would adversely impact or
diminish the aesthetic and natural experience of users of
the Trail.
(v) The Tribe shall reserve the right to make
improvements or undertake activities at the Second Beach
headlands that are reasonably related to enhancing fish
habitat, improving or maintaining the Tribe's hatchery
program, or alterations that are reasonably related to the
protection of the health and safety of Tribe members and
the general public.
(vi) The Park officials, after consultation with the
Tribe, may remove hazardous or fallen trees on the Tribal-
owned Second Beach headlands to the extent necessary to
clear or safeguard the Trail, provided that such trees are
not removed from Tribal lands.
(vii) The Park officials and the Tribe shall negotiate
an agreement for the design, location, construction, and
maintenance of a gathering structure in the Second Beach
headlands overlook for the benefit of Park visitors and the
Tribe, if such a structure is proposed to be built.
(C) Southern lands exempt.--All other land conveyed to the
Tribe along the southern boundary of the Reservation under this
section shall not be subject to any easements or conditions,
and the natural conditions of such land may be altered to allow
for the relocation of Tribe members and structures outside the
tsunami and Quillayute River flood zones.
(D) Protection of infrastructure.--Nothing in this Act is
intended to require the modification of the parklands and
resources adjacent to the transferred Federal lands. The Tribe
shall be responsible for developing its lands in a manner that
reasonably protects its property and facilities from adjacent
parklands by locating buildings and facilities an adequate
distance from parklands to prevent damage to these facilities
from such threats as hazardous trees and wildfire.
(h) Effect of Land Conveyance on Claims.--
(1) Claims extinguished.--Upon the date of the land conveyances
under subsections (d) and (e) and the placement of conveyed lands
into trust for the benefit of the Tribe, any claims of the Tribe
against the United States, the Secretary, or the Park relating to
the Park's past or present ownership, entry, use, surveys, or other
activities are deemed fully satisfied and extinguished upon a
formal Tribal Council resolution, including claims related to the
following:
(A) Land along quillayute river.--The lands along the
sections of the Quillayute River, starting east of the existing
Rialto Beach parking lot to the east line of Section 22.
(B) Second beach.--The portions of the Federal or Tribal
lands near Second Beach.
(C) Southern boundary portions.--Portions of the Federal or
Tribal lands on the southern boundary of the Reservation.
(2) Rialto beach.--Nothing in this section shall create or
extinguish claims of the Tribe relating to Rialto Beach.
(i) Gaming Prohibition.--No land taken into trust for the benefit
of the Tribe under this Act shall be considered Indian lands for the
purpose of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.