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[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.
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