IB 

Union Calendar No. 265 

112TH CONGRESS 

2D SESSION H. R. 1162 

[Report No. 112–387] 

To provide the Quileute Indian Tribe Tsunami and Flood Protection, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2011 

Mr. DICKS introduced the following bill; which was referred to the Committee 

on Natural Resources 

FEBRUARY 3, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 17, 2011] 


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A BILL 

To provide the Quileute Indian Tribe Tsunami and Flood 

Protection, and for other purposes. 


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

3 SECTION 1. OLYMPIC NATIONAL PARK — QUILEUTE TRIBE. 

4 (a) DEFINITIONS.—In this section: 

5 (1) MAP.—The term ‘‘Map’’ means the map enti6 tled ‘‘Olympic National Park and Quileute Reserva7 tion Boundary Adjustment Map’’, numbered 149/ 

8 80,059, and dated June 2010. 

9 (2) PARK.—The term ‘‘Park’’ means the Olympic 

10 National Park, located in the State of Washington. 

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

12 means the Quileute Indian Reservation, located on the 

13 Olympic Peninsula in the State of Washington. 

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

15 the Secretary of the Interior. 

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

17 Quileute Indian Tribe in the State of Washington. 

18 (b) FINDINGS AND PURPOSE.— 

19 (1) FINDINGS.—Congress finds that— 

20 (A) the Reservation is located on the west21 ern coast of the Olympic Peninsula in the State 

22 of Washington, bordered by the Pacific Ocean to 

23 the west and the Park on the north, south, and 

24 east; 


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1 (B) most of the Reservation village of La 

2 Push is located within the coastal flood plain, 

3 with the Tribe’s administrative buildings, school, 

4 elder center, and housing all located in a tsu5 nami zone; 

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

7 Park have had a dispute over the Reservation 

8 boundaries along the Quillayute River; 

9 (D) in recent years, this dispute has inten10 sified as the Tribe has faced an urgent need for 

11 additional lands for housing, schools, and other 

12 Tribe purposes outside the tsunami and 

13 Quillayute River flood zones; and 

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

15 threatens to adversely impact the public’s exist16 ing and future recreational use of several attrac17 tions in the Park that are accessed by the 

18 public’s use of Reservation lands. 

19 (2) PURPOSES.—The purposes of this Act are— 

20 (A) to resolve the longstanding dispute 

21 along portions of the northern boundary of the 

22 Quileute Indian Reservation; 

23 (B) to clarify public use and access to 

24 Olympic National Park lands that are contig25 uous to the Reservation; 


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1 (C) to provide the Quileute Indian Tribe 

2 with approximately 275 acres of land currently 

3 located within the Park and approximately 510 

4 acres of land along the Quillayute River, also 

5 within the Park; 

6 (D) to adjust the wilderness boundaries to 

7 provide the Quileute Indian Tribe Tsunami and 

8 flood protection; and 

9 (E) through the land conveyance, to grant 

10 the Tribe access to land outside of tsunami and 

11 Quillayute River flood zones, and link existing 

12 Reservation land with Tribe land to the east of 

13 the Park. 

14 (c) REDESIGNATION OF FEDERAL WILDERNESS LAND, 

15 OLYMPIC NATIONAL PARK CONVEYANCE.— 

16 (1) REDESIGNATION OF WILDERNESS.—Certain 

17 Federal land in the Park that was designated as part 

18 of the Olympic Wilderness under title I of the Wash19 ington Park Wilderness Act of 1988 (Public Law 

20 100–668; 102 Stat. 3961; 16 U.S.C. 1132 note) and 

21 comprises approximately 222 acres, as generally de22 picted on the Map is hereby no longer designated as 

23 wilderness, and is no longer a component of the Na24 tional Wilderness Preservation System under the Wil25 derness Act (16 U.S.C. 1131 et 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 ‘‘Southern 

6 Lands’’, are declared to be held in trust by the United 

7 States for the benefit of the Tribe without any further 

8 action by the Secretary. 

9 (3) BOUNDARY ADJUSTMENT; SURVEY.—The Sec10 retary shall— 

11 (A) adjust the boundaries of Olympic Wil12 derness and the Park to reflect the change in sta13 tus of Federal lands under paragraph (2); and 

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

15 enactment of this section, conduct a survey, de16 fining the boundaries of the Reservation and 

17 Park, and of the Federal lands taken into and 

18 held in trust that are adjacent to the north and 

19 south bank of the Quillayute River as depicted 

20 on the Map as ‘‘Northern Lands’’. 

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

22 land taken into trust under this subsection shall not 

23 be subject to any requirements for valuation, ap24 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 of 

4 the Tribe certain non-Federal land owned by the Tribe, con5 sisting of approximately 184 acres, as depicted on the Map 

6 as ‘‘Eastern Lands’’, such non-Federal land shall be des7 ignated 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 inspec11 tion in appropriate offices of the National Park Serv12 ice. The Map shall also depict any non-Federal land 

13 currently owned by the Tribe which is being placed 

14 in trust under this section. 

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

16 the date of the land transaction in subsections (d) and 

17 (e), the Secretary shall submit to the Committee on 

18 Energy and Natural Resources of the Senate and 

19 Committee on Natural Resources of the House of Rep20 resentatives a revised map that depicts— 

21 (A) the Federal and non-Federal land taken 

22 into trust under this section and the Second 

23 Beach Trail; and 

24 (B) the actual boundaries of the Park as 

25 modified by the land conveyance. 


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

2 this section shall be designated as part of the Quileute Res3 ervation and placed in the following jurisdictions: 

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

5 Tribe jurisdiction as on all other trust lands within 

6 the Reservation, so long as the exercise of such juris7 diction does not conflict with the terms of the ease8 ment described in subsection (g) below. 

9 (2) TRIBE JURISDICTION.—Park visitors shall 

10 remain subject to the jurisdiction of the Tribe while 

11 on the Second Beach parking lot, on those portions of 

12 the Second Beach Trail on the Reservation, and Ri13 alto Spit, to the same extent that such visitors are 

14 subject to the Tribe’s jurisdiction elsewhere on the 

15 Reservation. 

16 (g) GRANT OF EASEMENT IN CONNECTION WITH LAND

17 CONVEYANCE.— 

18 (1) EASEMENT REQUIRED.—The conveyances 

19 under subsection (c)(2) shall be subject to the condi20 tions described in this subsection. 

21 (2) REQUIRED RIGHTS UNDER EASEMENT.—Any 

22 easement granted under this subsection must contain 

23 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 rights 

3 or other existing rights. 

4 (B) RETENTION OF RIGHTS.—The Tribe re5 tains the right to enforce its rules against visi6 tors for disorderly conduct, drug and alcohol use, 

7 use or possession of firearms, and other disrup8 tive 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 the 

12 Tribe for purposes of monitoring compliance 

13 with any easement made under this subsection. 

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

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

16 placed into trust by the Secretary in accordance with 

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

18 any easement or condition specified in this sub19 section. 

20 (4) REQUIRED TERMS AND CONDITIONS.—The 

21 following specified land areas shall be subject to the 

22 following easement conditions: 

23 (A) CONDITIONS ON NORTHERN LAND.— 

24 Certain land that will be added to the northern 

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1 ance, from Rialto Beach to the east line of Sec2 tion 23, shall be subject to an easement, which 

3 shall contain the following requirements: 

4 (i) The Tribe may lease or encumber 

5 the land, consistent with their status as 

6 trust lands, provided that the Tribe ex7 pressly subjects the conveyance or author8 ized use to the terms of the easement. 

9 (ii) The Tribe may place temporary, 

10 seasonal camps on the land, but shall not 

11 place or construct commercial residential, 

12 industrial, or other permanent buildings or 

13 structures. 

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

15 enactment of this Act may be maintained or 

16 improved, but no major improvements or 

17 road construction may occur, and any road 

18 improvements, temporary camps, or other 

19 uses of these lands shall not interfere with 

20 its use as a natural wildlife corridor. 

21 (iv) The Tribe may authorize Tribe 

22 members and third parties to engage in rec23 reational, ceremonial, or treaty uses of the 

24 land provided that the Tribe adopts and en25 forces regulations permanently prohibiting 


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1 the use of firearms in the Thunder Field 

2 area, and any areas south of the Quillayute 

3 River as depicted on the Map. 

4 (v) The Tribe may exercise its sov5 ereign right to fish and gather along the 

6 Quillayute River in the Thunder Field area. 

7 (vi) The Tribe may, consistent with 

8 any applicable Federal law, engage in ac9 tivities reasonably related to the restoration 

10 and protection of the Quillayute River and 

11 its tributaries and streams, weed control, 

12 fish and wildlife habitat improvement, 

13 Quillayute River or streambank stabiliza14 tion, and flood control. The Tribe and the 

15 Park shall conduct joint planning and co16 ordination for Quillayute River restoration 

17 projects, including streambank stabilization 

18 and flood control. 

19 (vii) Park officials and visitors shall 

20 have access to engage in activities along 

21 and in the Quillayute River and Dickey 

22 River that are consistent with past rec23 reational uses, and the Tribe shall allow the 

24 public to use and access the Dickey River, 

25 and Quillayute River along the north bank, 


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1 regardless of future changes in the 

2 Quillayute River or Dickey River align3 ment. 

4 (viii) Park officials and visitors shall 

5 have access to, and shall be allowed to en6 gage in, activities on Tribal lands at Rialto 

7 Spit that are consistent with past rec8 reational uses, and the Tribe shall have ac9 cess to Park lands at Rialto Beach so that 

10 the Tribe may access and use the jetty at 

11 Rialto Beach. 

12 (B) CONDITIONS ON SECOND BEACH TRAIL

13 AND ACCESS.—Certain Quileute Reservation 

14 land along the boundary between the Park and 

15 the southern portion of the Reservation, encom16 passing the Second Beach trailhead, parking 

17 area, and Second Beach Trail, shall be subject to 

18 a conservation and management easement, as 

19 well as any other necessary agreements, which 

20 shall implement the following provisions: 

21 (i) The Tribe shall allow Park officials 

22 and visitors to park motor vehicles at the 

23 Trail parking area existing on the date of 

24 enactment of this Act and to access the por25 tion of the Trail located on Tribal lands, 


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1 and the Park shall be responsible for the 

2 costs of maintaining existing parking access 

3 to the Trail. 

4 (ii) The Tribe shall grant Park offi5 cials and visitors the right to peacefully use 

6 and maintain the portion of the Trail that 

7 is on Tribal lands, and the Park shall be re8 sponsible for maintaining the Trail and 

9 shall seek advance written approval from 

10 the Tribe before undertaking any major 

11 Trail repairs. 

12 (iii) The Park officials and the Tribe 

13 shall conduct joint planning and coordina14 tion regarding any proposed relocation of 

15 the Second Beach trailhead, the parking lot, 

16 or other portions of the Trail. 

17 (iv) The Tribe shall avoid altering the 

18 forested landscape of the Tribe-owned 

19 headlands between First and Second Beach 

20 in a manner that would adversely impact 

21 or diminish the aesthetic and natural expe22 rience of users of the Trail. 

23 (v) The Tribe shall reserve the right to 

24 make improvements or undertake activities 

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1 sonably related to enhancing fish habitat, 

2 improving or maintaining the Tribe’s 

3 hatchery program, or alterations that are 

4 reasonably related to the protection of the 

5 health and safety of Tribe members and the 

6 general public. 

7 (vi) The Park officials, after consulta8 tion with the Tribe, may remove hazardous 

9 or fallen trees on the Tribal-owned Second 

10 Beach headlands to the extent necessary to 

11 clear or safeguard the Trail, provided that 

12 such trees are not removed from Tribal 

13 lands. 

14 (vii) The Park officials and the Tribe 

15 shall negotiate an agreement for the design, 

16 location, construction, and maintenance of 

17 a gathering structure in the Second Beach 

18 headlands overlook for the benefit of Park 

19 visitors and the Tribe, if such a structure is 

20 proposed to be built. 

21 (C) SOUTHERN LANDS EXEMPT.—All other 

22 land conveyed to the Tribe along the southern 

23 boundary of the Reservation under this section 

24 shall not be subject to any easements or condi25 tions, and the natural conditions of such land 


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1 may be altered to allow for the relocation of 

2 Tribe members and structures outside the tsu3 nami and Quillayute River flood zones. 

4 (D) PROTECTION OF INFRASTRUCTURE.— 

5 Nothing in this Act is intended to require the 

6 modification of the parklands and resources ad7 jacent to the transferred Federal lands. The Tribe 

8 shall be responsible for developing its lands in a 

9 manner that reasonably protects its property 

10 and facilities from adjacent parklands by locat11 ing buildings and facilities an adequate distance 

12 from parklands to prevent damage to these facili13 ties from such threats as hazardous trees and 

14 wildfire. 

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

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

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

18 and the placement of conveyed lands into trust for the 

19 benefit of the Tribe, any claims of the Tribe against 

20 the United States, the Secretary, or the Park relating 

21 to the Park’s past or present ownership, entry, use, 

22 surveys, or other activities are deemed fully satisfied 

23 and extinguished upon a formal Tribal Council reso24 lution, including claims related to the following: 


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1 (A) LAND ALONG QUILLAYUTE RIVER.—The 

2 lands along the sections of the Quillayute River, 

3 starting east of the existing Rialto Beach park4 ing lot to the east line of Section 22. 

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

6 Federal or Tribal lands near Second Beach. 

7 (C) SOUTHERN BOUNDARY PORTIONS.—Por8 tions of the Federal or Tribal lands on the south9 ern boundary of the Reservation. 

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

11 shall create or extinguish claims of the Tribe relating 

12 to Rialto Beach. 

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

14 for the benefit of the Tribe under this Act shall be considered 

15 Indian lands for the purpose of the Indian Gaming Regu16 latory Act (25 U.S.C. 2701 et seq.). 


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Union Calendar No. 265 

112TH CONGRESS 

2D SESSION H. R. 1162 

[Report No. 112–387] 

A BILL 

To provide the Quileute Indian Tribe Tsunami and 

Flood Protection, and for other purposes. 

FEBRUARY 3, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS