II 

112TH CONGRESS 

2D SESSION H. R. 1162 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2012 

Received 

AN ACT 

To provide the Quileute Indian Tribe Tsunami and Flood 

Protection, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. OLYMPIC NATIONAL PARK—QUILEUTE TRIBE. 

2 (a) DEFINITIONS.—In this section: 

3 (1) MAP.—The term ‘‘Map’’ means the map en4 titled ‘‘Olympic National Park and Quileute Res5 ervation Boundary Adjustment Map’’, numbered 

6 149/80,059, and dated June 2010. 

7 (2) PARK.—The term ‘‘Park’’ means the Olym8 pic National Park, located in the State of Wash9 ington. 

10 (3) RESERVATION.—The term ‘‘Reservation’’ 

11 means the Quileute Indian Reservation, located on 

12 the Olympic Peninsula in the State of Washington. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of the Interior. 

15 (5) TRIBE.—The term ‘‘Tribe’’ means the 

16 Quileute Indian Tribe in the State of Washington. 

17 (b) FINDINGS AND PURPOSE.— 

18 (1) FINDINGS.—Congress finds that— 

19 (A) the Reservation is located on the west20 ern coast of the Olympic Peninsula in the State 

21 of Washington, bordered by the Pacific Ocean 

22 to the west and the Park on the north, south, 

23 and east; 

24 (B) most of the Reservation village of La 

25 Push is located within the coastal flood plain, 

26 with the Tribe’s administrative buildings, 


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1 school, elder center, and housing all located in 

2 a tsunami zone; 

3 (C) for many decades, the Tribe and the 

4 Park have had a dispute over the Reservation 

5 boundaries along the Quillayute River; 

6 (D) in recent years, this dispute has inten7 sified as the Tribe has faced an urgent need for 

8 additional lands for housing, schools, and other 

9 Tribe purposes outside the tsunami and 

10 Quillayute River flood zones; and 

11 (E) the lack of a settlement of this dispute 

12 threatens to adversely impact the public’s exist13 ing and future recreational use of several at14 tractions in the Park that are accessed by the 

15 public’s use of Reservation lands. 

16 (2) PURPOSES.—The purposes of this Act 

17 are— 

18 (A) to resolve the longstanding dispute 

19 along portions of the northern boundary of the 

20 Quileute Indian Reservation; 

21 (B) to clarify public use and access to 

22 Olympic National Park lands that are contig23 uous to the Reservation; 

24 (C) to provide the Quileute Indian Tribe 

25 with approximately 275 acres of land currently 


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1 located within the Park and approximately 510 

2 acres of land along the Quillayute River, also 

3 within the Park; 

4 (D) to adjust the wilderness boundaries to 

5 provide the Quileute Indian Tribe Tsunami and 

6 flood protection; and 

7 (E) through the land conveyance, to grant 

8 the Tribe access to land outside of tsunami and 

9 Quillayute River flood zones, and link existing 

10 Reservation land with Tribe land to the east of 

11 the Park. 

12 (c) REDESIGNATION OF FEDERAL WILDERNESS

13 LAND, OLYMPIC NATIONAL PARK CONVEYANCE.— 

14 (1) REDESIGNATION OF WILDERNESS.—Certain 

15 Federal land in the Park that was designated as 

16 part of the Olympic Wilderness under title I of the 

17 Washington Park Wilderness Act of 1988 (Public 

18 Law 100–668; 102 Stat. 3961; 16 U.S.C. 1132 

19 note) and comprises approximately 222 acres, as 

20 generally depicted on the Map is hereby no longer 

21 designated as wilderness, and is no longer a compo22 nent of the National Wilderness Preservation Sys23 tem under the Wilderness Act (16 U.S.C. 1131 et 

24 seq.). 


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1 (2) LANDS TO BE HELD IN TRUST.—All right, 

2 title, and interest of the United States in and to the 

3 approximately 510 acres generally depicted on the 

4 Map as ‘‘Northern Lands’’, and the approximately 

5 275 acres generally depicted on the Map as ‘‘South6 ern Lands’’, are declared to be held in trust by the 

7 United States for the benefit of the Tribe without 

8 any further action by the Secretary. 

9 (3) BOUNDARY ADJUSTMENT; SURVEY.—The 

10 Secretary shall— 

11 (A) adjust the boundaries of Olympic Wil12 derness and the Park to reflect the change in 

13 status of Federal lands under paragraph (2); 

14 and 

15 (B) as soon as practicable after the date of 

16 enactment of this section, conduct a survey, de17 fining the boundaries of the Reservation and 

18 Park, and of the Federal lands taken into and 

19 held in trust that are adjacent to the north and 

20 south bank of the Quillayute River as depicted 

21 on the Map as ‘‘Northern Lands’’. 

22 (4) LAW APPLICABLE TO CERTAIN LAND.—The 

23 land taken into trust under this subsection shall not 

24 be subject to any requirements for valuation, ap25 praisal, or equalization under any Federal law. 


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1 (d) NON-FEDERAL LAND CONVEYANCE.—Upon com2 pletion and acceptance of an environmental hazard assess3 ment, the Secretary shall take into trust for the benefit 

4 of the Tribe certain non-Federal land owned by the Tribe, 

5 consisting of approximately 184 acres, as depicted on the 

6 Map as ‘‘Eastern Lands’’, such non-Federal land shall be 

7 designated as part of the Reservation. 

8 (e) MAP REQUIREMENTS.— 

9 (1) AVAILABILITY OF INITIAL MAP.—The Sec10 retary shall make the Map available for public in11 spection in appropriate offices of the National Park 

12 Service. The Map shall also depict any non-Federal 

13 land currently owned by the Tribe which is being 

14 placed in trust under this section. 

15 (2) REVISED MAP.—Not later than one year 

16 after the date of the land transaction in subsections 

17 (d) and (e), the Secretary shall submit to the Com18 mittee on Energy and Natural Resources of the Sen19 ate and Committee on Natural Resources of the 

20 House of Representatives a revised map that de21 picts— 

22 (A) the Federal and non-Federal land 

23 taken into trust under this section and the Sec24 ond Beach Trail; and 


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1 (B) the actual boundaries of the Park as 

2 modified by the land conveyance. 

3 (f) JURISDICTION.—The land conveyed to the Tribe 

4 by this section shall be designated as part of the Quileute 

5 Reservation and placed in the following jurisdictions: 

6 (1) TRUST LAND.—The same Federal, State, 

7 and Tribe jurisdiction as on all other trust lands 

8 within the Reservation, so long as the exercise of 

9 such jurisdiction does not conflict with the terms of 

10 the easement described in subsection (g) below. 

11 (2) TRIBE JURISDICTION.—Park visitors shall 

12 remain subject to the jurisdiction of the Tribe while 

13 on the Second Beach parking lot, on those portions 

14 of the Second Beach Trail on the Reservation, and 

15 Rialto Spit, to the same extent that such visitors are 

16 subject to the Tribe’s jurisdiction elsewhere on the 

17 Reservation. 

18 (g) GRANT OF EASEMENT IN CONNECTION WITH

19 LAND CONVEYANCE.— 

20 (1) EASEMENT REQUIRED.—The conveyances 

21 under subsection (c)(2) shall be subject to the condi22 tions described in this subsection. 

23 (2) REQUIRED RIGHTS UNDER EASEMENT.— 

24 Any easement granted under this subsection must 

25 contain the following express terms: 


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1 (A) NO IMPACT ON EXISTING RIGHTS.—An 

2 easement shall not limit the Tribe’s treaty 

3 rights or other existing rights. 

4 (B) RETENTION OF RIGHTS.—The Tribe 

5 retains the right to enforce its rules against 

6 visitors for disorderly conduct, drug and alcohol 

7 use, use or possession of firearms, and other 

8 disruptive behaviors. 

9 (C) MONITORING OF EASEMENT CONDI10 TIONS.—The Park has the right, with prior no11 tice to the Tribe, to access lands conveyed to 

12 the Tribe for purposes of monitoring compli13 ance with any easement made under this sub14 section. 

15 (3) EXEMPTION FOR SUBSECTION (d) LAND.— 

16 The non-Federal land owned by the Tribe and being 

17 placed into trust by the Secretary in accordance with 

18 subsection (d) shall not be included in, or subject to, 

19 any easement or condition specified in this sub20 section. 

21 (4) REQUIRED TERMS AND CONDITIONS.—The 

22 following specified land areas shall be subject to the 

23 following easement conditions: 

24 (A) CONDITIONS ON NORTHERN LAND.— 

25 Certain land that will be added to the northern 


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1 boundary of the Reservation by the land con2 veyance, from Rialto Beach to the east line of 

3 Section 23, shall be subject to an easement, 

4 which shall contain the following requirements: 

5 (i) The Tribe may lease or encumber 

6 the land, consistent with their status as 

7 trust lands, provided that the Tribe ex8 pressly subjects the conveyance or author9 ized use to the terms of the easement. 

10 (ii) The Tribe may place temporary, 

11 seasonal camps on the land, but shall not 

12 place or construct commercial residential, 

13 industrial, or other permanent buildings or 

14 structures. 

15 (iii) Roads on the land on the date of 

16 enactment of this Act may be maintained 

17 or improved, but no major improvements 

18 or road construction may occur, and any 

19 road improvements, temporary camps, or 

20 other uses of these lands shall not interfere 

21 with its use as a natural wildlife corridor. 

22 (iv) The Tribe may authorize Tribe 

23 members and third parties to engage in 

24 recreational, ceremonial, or treaty uses of 

25 the land provided that the Tribe adopts 


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1 and enforces regulations permanently pro2 hibiting the use of firearms in the Thunder 

3 Field area, and any areas south of the 

4 Quillayute River as depicted on the Map. 

5 (v) The Tribe may exercise its sov6 ereign right to fish and gather along the 

7 Quillayute River in the Thunder Field 

8 area. 

9 (vi) The Tribe may, consistent with 

10 any applicable Federal law, engage in ac11 tivities reasonably related to the restora12 tion and protection of the Quillayute River 

13 and its tributaries and streams, weed con14 trol, fish and wildlife habitat improvement, 

15 Quillayute River or streambank stabiliza16 tion, and flood control. The Tribe and the 

17 Park shall conduct joint planning and co18 ordination for Quillayute River restoration 

19 projects, including streambank stabilization 

20 and flood control. 

21 (vii) Park officials and visitors shall 

22 have access to engage in activities along 

23 and in the Quillayute River and Dickey 

24 River that are consistent with past rec25 reational uses, and the Tribe shall allow 


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1 the public to use and access the Dickey 

2 River, and Quillayute River along the 

3 north bank, regardless of future changes in 

4 the Quillayute River or Dickey River align5 ment. 

6 (viii) Park officials and visitors shall 

7 have access to, and shall be allowed to en8 gage in, activities on Tribal lands at Rialto 

9 Spit that are consistent with past rec10 reational uses, and the Tribe shall have ac11 cess to Park lands at Rialto Beach so that 

12 the Tribe may access and use the jetty at 

13 Rialto Beach. 

14 (B) CONDITIONS ON SECOND BEACH TRAIL

15 AND ACCESS.—Certain Quileute Reservation 

16 land along the boundary between the Park and 

17 the southern portion of the Reservation, encom18 passing the Second Beach trailhead, parking 

19 area, and Second Beach Trail, shall be subject 

20 to a conservation and management easement, 

21 as well as any other necessary agreements, 

22 which shall implement the following provisions: 

23 (i) The Tribe shall allow Park officials 

24 and visitors to park motor vehicles at the 

25 Trail parking area existing on the date of 


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1 enactment of this Act and to access the 

2 portion of the Trail located on Tribal 

3 lands, and the Park shall be responsible 

4 for the costs of maintaining existing park5 ing access to the Trail. 

6 (ii) The Tribe shall grant Park offi7 cials and visitors the right to peacefully 

8 use and maintain the portion of the Trail 

9 that is on Tribal lands, and the Park shall 

10 be responsible for maintaining the Trail 

11 and shall seek advance written approval 

12 from the Tribe before undertaking any 

13 major Trail repairs. 

14 (iii) The Park officials and the Tribe 

15 shall conduct joint planning and coordina16 tion regarding any proposed relocation of 

17 the Second Beach trailhead, the parking 

18 lot, or other portions of the Trail. 

19 (iv) The Tribe shall avoid altering the 

20 forested landscape of the Tribe-owned 

21 headlands between First and Second 

22 Beach in a manner that would adversely 

23 impact or diminish the aesthetic and nat24 ural experience of users of the Trail. 


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1 (v) The Tribe shall reserve the right 

2 to make improvements or undertake activi3 ties at the Second Beach headlands that 

4 are reasonably related to enhancing fish 

5 habitat, improving or maintaining the 

6 Tribe’s hatchery program, or alterations 

7 that are reasonably related to the protec8 tion of the health and safety of Tribe 

9 members and the general public. 

10 (vi) The Park officials, after consulta11 tion with the Tribe, may remove hazardous 

12 or fallen trees on the Tribal-owned Second 

13 Beach headlands to the extent necessary to 

14 clear or safeguard the Trail, provided that 

15 such trees are not removed from Tribal 

16 lands. 

17 (vii) The Park officials and the Tribe 

18 shall negotiate an agreement for the de19 sign, location, construction, and mainte20 nance of a gathering structure in the Sec21 ond Beach headlands overlook for the ben22 efit of Park visitors and the Tribe, if such 

23 a structure is proposed to be built. 

24 (C) SOUTHERN LANDS EXEMPT.—All other 

25 land conveyed to the Tribe along the southern 


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1 boundary of the Reservation under this section 

2 shall not be subject to any easements or condi3 tions, and the natural conditions of such land 

4 may be altered to allow for the relocation of 

5 Tribe members and structures outside the tsu6 nami and Quillayute River flood zones. 

7 (D) PROTECTION OF INFRASTRUCTURE.— 

8 Nothing in this Act is intended to require the 

9 modification of the parklands and resources ad10 jacent to the transferred Federal lands. The 

11 Tribe shall be responsible for developing its 

12 lands in a manner that reasonably protects its 

13 property and facilities from adjacent parklands 

14 by locating buildings and facilities an adequate 

15 distance from parklands to prevent damage to 

16 these facilities from such threats as hazardous 

17 trees and wildfire. 

18 (h) EFFECT OF LAND CONVEYANCE ON CLAIMS.— 

19 (1) CLAIMS EXTINGUISHED.—Upon the date of 

20 the land conveyances under subsections (d) and (e) 

21 and the placement of conveyed lands into trust for 

22 the benefit of the Tribe, any claims of the Tribe 

23 against the United States, the Secretary, or the 

24 Park relating to the Park’s past or present owner25 ship, entry, use, surveys, or other activities are 


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1 deemed fully satisfied and extinguished upon a for2 mal Tribal Council resolution, including claims re3 lated to the following: 

4 (A) LAND ALONG QUILLAYUTE RIVER.— 

5 The lands along the sections of the Quillayute 

6 River, starting east of the existing Rialto Beach 

7 parking lot to the east line of Section 22. 

8 (B) SECOND BEACH.—The portions of the 

9 Federal or Tribal lands near Second Beach. 

10 (C) SOUTHERN BOUNDARY PORTIONS.— 

11 Portions of the Federal or Tribal lands on the 

12 southern boundary of the Reservation. 

13 (2) RIALTO BEACH.—Nothing in this section 

14 shall create or extinguish claims of the Tribe relat15 ing to Rialto Beach. 

16 (i) GAMING PROHIBITION.—No land taken into trust 

17 for the benefit of the Tribe under this Act shall be consid18 ered Indian lands for the purpose of the Indian Gaming 

19 Regulatory Act (25 U.S.C. 2701 et seq.). 

Passed the House of Representatives February 6, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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