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; 
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(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. 
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(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 
H. R. 1162—4 

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 
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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, 
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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.