II 

112TH CONGRESS 

1ST SESSION S. 636 

To provide the Quileute Indian Tribe tsunami and flood protection, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Ms. CANTWELL (for herself and Mrs. MURRAY) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

A BILL 

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, 

3 SECTION 1. OLYMPIC NATIONAL PARK — QUILEUTE TRIBE. 

4 (a) DEFINITIONS.—In this section: 

5 (1) MAP.—The term ‘‘Map’’ means the map en6 titled ‘‘Olympic National Park and Quileute Res7 ervation Boundary Adjustment Map’’, numbered 

8 149/80,059, and dated June 2010. 


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1 (2) PARK.—The term ‘‘Park’’ means the Olym2 pic National Park, located in the State of Wash3 ington. 

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

5 means the Quileute Indian Reservation, located on 

6 the Olympic Peninsula in the State of Washington. 

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

8 the Secretary of the Interior. 

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

10 Quileute Indian Tribe in the State of Washington. 

11 (b) FINDINGS AND PURPOSE.— 

12 (1) FINDINGS.—Congress finds that— 

13 (A) the Reservation is located on the west14 ern coast of the Olympic Peninsula in the State 

15 of Washington, bordered by the Pacific Ocean 

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

17 and east; 

18 (B) most of the Reservation village of La 

19 Push is located within the coastal flood plain, 

20 with the Tribe’s administrative buildings, 

21 school, elder center, and housing all located in 

22 a tsunami zone; 

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

24 Park have had a dispute over the Reservation 

25 boundaries along the Quillayute River; 


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1 (D) in recent years, this dispute has inten2 sified as the Tribe has faced an urgent need for 

3 additional lands for housing, schools, and other 

4 Tribe purposes outside the tsunami and 

5 Quillayute River flood zones; and 

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

7 threatens to adversely impact the public’s exist8 ing and future recreational use of several at9 tractions in the Park that are accessed by the 

10 public’s use of Reservation lands. 

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

12 are— 

13 (A) to resolve the longstanding dispute 

14 along portions of the northern boundary of the 

15 Quileute Indian Reservation; 

16 (B) to clarify public use and access to 

17 Olympic National Park lands that are contig18 uous to the Reservation; 

19 (C) to provide the Quileute Indian Tribe 

20 with approximately 275 acres of land currently 

21 located within the Park and approximately 510 

22 acres of land along the Quillayute River, also 

23 within the Park; 


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1 (D) to adjust the Wilderness boundaries to 

2 provide the Quileute Indian Tribe Tsunami and 

3 flood protection; 

4 (E) through the land conveyance, to grant 

5 the Tribe access to land outside of tsunami and 

6 Quillayute River flood zones, and link existing 

7 Reservation land with Tribe land to the east of 

8 the Park; and 

9 (F) to add 4,100 acres of Wilderness to 

10 the Park. 

11 (c) DESIGNATION OF ADDITIONAL NATIONAL PARK

12 SYSTEM LAND IN OLYMPIC NATIONAL PARK AS WILDER13 NESS OR POTENTIAL WILDERNESS.— 

14 (1) DESIGNATION.—In accordance with the 

15 Wilderness Act (16 U.S.C. 1131 et seq.), the fol16 lowing lands within Olympic National Park in the 

17 State of Washington are designated as wilderness or 

18 potential wilderness and incorporated in the Olympic 

19 Wilderness designated by section 101(a) of Public 

20 Law 100–668 (102 Stat. 3961): 

21 (A) Certain Federal land comprising ap22 proximately 4,100 acres as generally depicted 

23 on the Map entitled ‘‘Wilderness Boundary — 

24 Lake Crescent Addition, Olympic National 

25 Park, Washington’’, numbered 149/60,471a, 


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1 and dated May 2010, is hereby designated as 

2 wilderness. The boundary along Lake Crescent 

3 shall be set back a sufficient distance to allow 

4 management of the historic World War I 

5 Spruce Railroad grade as the Olympic Dis6 covery Trail, and to allow for operation and 

7 maintenance of the existing county road. The 

8 World War II Pyramid Peak lookout shall be 

9 included in the wilderness and be managed and 

10 maintained as a historic structure. 

11 (B) Certain Federal land comprising ap12 proximately 11 acres as generally depicted on 

13 the Map entitled ‘‘Wilderness Boundary — 

14 Boulder Creek Addition, Olympic National 

15 Park, Washington’’, numbered 149/60,470, and 

16 dated May 2009, is hereby designated as a po17 tential wilderness addition. 

18 (2) MANAGEMENT.—Except as provided in 

19 paragraph (3), and subject to valid existing rights, 

20 the Secretary shall manage each area designated as 

21 wilderness or potential wilderness in accordance with 

22 the Wilderness Act (16 U.S.C. 1131 et seq.), except 

23 that any reference in the Wilderness Act to the ef24 fective date of the Wilderness Act shall be considVerDate Mar 15 2010 20:46 Mar 25, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636

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1 ered to be a reference to the date of enactment of 

2 this Act. 

3 (3) ECOLOGICAL RESTORATION.—For purposes 

4 of ecological restoration (including the elimination of 

5 nonnative species, removal of decommissioned roads, 

6 and any other activity necessary to restore the nat7 ural ecosystems in the potential wilderness area) and 

8 construction of a foot/stock trail, the Secretary may 

9 use motorized equipment and mechanized transport 

10 in the potential wilderness area until the date on 

11 which the potential wilderness area is incorporated 

12 into the Olympic Wilderness, whereupon wilderness 

13 minimum requirement practices shall be imple14 mented in accordance with the Wilderness Act. 

15 (4) BOULDER CREEK ADDITION WILDERNESS

16 DESIGNATION.—The Boulder Creek Addition, con17 sisting of the Boulder Creek Trail and the Boulder 

18 Creek campground potential wilderness area, ap19 proximately 15 acres as shown on the Map titled 

20 ‘‘Wilderness Boundary — Boulder Creek Addition, 

21 Olympic National Park, Washington’’, numbered 

22 149/60,470, and dated May 2009, shall be des23 ignated as wilderness and incorporated in the Olym24 pic Wilderness on the date on which the Secretary 

25 publishes notice in the Federal Register that condiVerDate Mar 15 2010 20:46 Mar 25, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S636.IS S636

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1 tions in the potential wilderness areas that are in2 compatible with the Wilderness Act (16 U.S.C. 1131 

3 et seq.) have been removed. 

4 (5) MAP AND LEGAL DESCRIPTION.— 

5 (A) SUBMISSION OF MAP AND LEGAL DE6 SCRIPTION.—As soon as practicable, after the 

7 date of enactment of this section, the Secretary 

8 shall file a map and legal description of each 

9 area designated as wilderness and potential wil10 derness by this subtitle with— 

11 (i) the Senate Committee on Energy 

12 and Natural Resources; and 

13 (ii) the House Committee on Natural 

14 Resources. 

15 (B) FORCE AND EFFECT.—The map and 

16 legal description filed under subparagraph (A) 

17 shall have the same force and effect as if in18 cluded in this subtitle, except that the Secretary 

19 may correct any clerical or typographical errors 

20 in the map or legal description. 

21 (C) PUBLIC AVAILABILITY.—The map and 

22 legal description filed under subparagraph (A) 

23 shall be on file and available for public inspec24 tion in the Office of the Secretary. 


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1 (d) REDESIGNATION OF FEDERAL WILDERNESS

2 LAND, OLYMPIC NATIONAL PARK CONVEYANCE.— 

3 (1) REDESIGNATION OF WILDERNESS.—Certain 

4 Federal land in the Park that was designated as 

5 part of the Olympic Wilderness under title I of the 

6 Washington Park Wilderness Act of 1988 (Public 

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

8 note) and comprises approximately 222 acres, as 

9 generally depicted on the Map is hereby no longer 

10 designated as wilderness, and is no longer a compo11 nent of the National Wilderness Preservation Sys12 tem under the Wilderness Act (16 U.S.C. 1131 et 

13 seq.). 

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

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

16 approximately 510 acres generally depicted on the 

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

18 275 acres generally depicted on the Map as ‘‘South19 ern Lands’’, are declared to be held in trust by the 

20 United States for the benefit of the Tribe without 

21 any further action by the Secretary. 

22 (3) BOUNDARY ADJUSTMENT; SURVEY.—The 

23 Secretary shall— 

24 (A) adjust the boundaries of Olympic Wil25 derness and the Park to reflect the change in 


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1 status of Federal lands under paragraph (2); 

2 and 

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

4 enactment of this section, conduct a survey, de5 fining the boundaries of the Reservation and 

6 Park, and of the Federal lands taken into and 

7 held in trust that are adjacent to the north and 

8 south bank of the Quillayute River as depicted 

9 on the Map as ‘‘Northern Lands’’. 

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

11 land taken into trust under this subsection shall not 

12 be subject to any requirements for valuation, ap13 praisal, or equalization under any Federal law. 

14 (e) NON-FEDERAL LAND CONVEYANCE.—Upon com15 pletion and acceptance of an environmental hazard assess16 ment, the Secretary shall take into trust for the benefit 

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

18 consisting of approximately 184 acres, as depicted on the 

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

20 designated as part of the Reservation. 

21 (f) MAP REQUIREMENTS.— 

22 (1) AVAILABILITY OF INITIAL MAP.—The Sec23 retary shall make the Map available for public in24 spection in appropriate offices of the National Park 

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


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1 land currently owned by the Tribe which is being 

2 placed in trust under this section. 

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

4 after the date of the land transaction in subsections 

5 (d) and (e), the Secretary shall submit to the Com6 mittee on Energy and Natural Resources of the Sen7 ate and Committee on Natural Resources of the 

8 House of Representatives a revised map that de9 picts— 

10 (A) the Federal and non-Federal land 

11 taken into trust under this section and the Sec12 ond Beach Trail; and 

13 (B) the actual boundaries of the Park as 

14 modified by the land conveyance. 

15 (g) JURISDICTION.—The land conveyed to the Tribe 

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

17 Reservation and placed in the following jurisdictions: 

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

19 and Tribe jurisdiction as on all other trust lands 

20 within the Reservation, so long as the exercise of 

21 such jurisdiction does not conflict with the terms of 

22 the easement described in subsection (h) below. 

23 (2) TRIBE JURISDICTION.—Park visitors shall 

24 remain subject to the jurisdiction of the Tribe while 

25 on the Second Beach parking lot, on those portions 


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1 of the Second Beach Trail on the Reservation, and 

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

3 subject to the Tribe’s jurisdiction elsewhere on the 

4 Reservation. 

5 (h) GRANT OF EASEMENT IN CONNECTION WITH

6 LAND CONVEYANCE.— 

7 (1) EASEMENT REQUIRED.—The conveyances 

8 under subsection (d)(2) shall be subject to the condi9 tions described in this subsection. 

10 (2) REQUIRED RIGHTS UNDER EASEMENT.— 

11 Any easement granted under this subsection must 

12 contain the following express terms: 

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

14 easement shall not limit the Tribe’s treaty 

15 rights or other existing rights. 

16 (B) RETENTION OF RIGHTS.—The Tribe 

17 retains the right to enforce its rules against 

18 visitors for disorderly conduct, drug and alcohol 

19 use, use or possession of firearms, and other 

20 disruptive behaviors. 

21 (C) MONITORING OF EASEMENT CONDI22 TIONS.—The Park has the right, with prior no23 tice to the Tribe, to access lands conveyed to 

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1 ance with any easement made under this sub2 section. 

3 (3) EXEMPTION FOR SUBSECTION (e) LAND.— 

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

5 placed into trust by the Secretary in accordance with 

6 subsection (e) shall not be included in, or subject to, 

7 any easement or condition specified in this sub8 section. 

9 (4) REQUIRED TERMS AND CONDITIONS.—The 

10 following specified land areas shall be subject to the 

11 following easement conditions: 

12 (A) CONDITIONS ON NORTHERN LAND.— 

13 Certain land that will be added to the northern 

14 boundary of the Reservation by the land con15 veyance, from Rialto Beach to the east line of 

16 Section 23, shall be subject to an easement, 

17 which shall contain the following requirements: 

18 (i) The Tribe may lease or encumber 

19 the land, consistent with their status as 

20 trust lands, provided that the Tribe ex21 pressly subjects the conveyance or author22 ized use to the terms of the easement. 

23 (ii) The Tribe may place temporary, 

24 seasonal camps on the land, but shall not 

25 place or construct commercial residential, 


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1 industrial, or other permanent buildings or 

2 structures. 

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

4 enactment of this Act may be maintained 

5 or improved, but no major improvements 

6 or road construction may occur, and any 

7 road improvements, temporary camps, or 

8 other uses of these lands shall not interfere 

9 with its use as a natural wildlife corridor. 

10 (iv) The Tribe may authorize Tribe 

11 members and third parties to engage in 

12 recreational, ceremonial, or treaty uses of 

13 the land provided that the Tribe adopts 

14 and enforces regulations permanently pro15 hibiting the use of firearms in the Thunder 

16 Field area, and any areas south of the 

17 Quillayute River as depicted on the Map. 

18 (v) The Tribe may exercise its sov19 ereign right to fish and gather along the 

20 Quillayute River in the Thunder Field 

21 area. 

22 (vi) The Tribe may, consistent with 

23 any applicable Federal law, engage in ac24 tivities reasonably related to the restora25 tion and protection of the Quillayute River 


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1 and its tributaries and streams, weed con2 trol, fish and wildlife habitat improvement, 

3 Quillayute River or streambank stabiliza4 tion, and flood control. The Tribe and the 

5 Park shall conduct joint planning and co6 ordination for Quillayute River restoration 

7 projects, including streambank stabilization 

8 and flood control. 

9 (vii) Park officials and visitors shall 

10 have access to engage in activities along 

11 and in the Quillayute River and Dickey 

12 River that are consistent with past rec13 reational uses, and the Tribe shall allow 

14 the public to use and access the Dickey 

15 River, and Quillayute River along the 

16 north bank, regardless of future changes in 

17 the Quillayute River or Dickey River align18 ment. 

19 (viii) Park officials and visitors shall 

20 have access to, and shall be allowed to en21 gage in, activities on Tribal lands at Rialto 

22 Spit that are consistent with past rec23 reational uses, and the Tribe shall have ac24 cess to Park lands at Rialto Beach so that 


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1 the Tribe may access and use the jetty at 

2 Rialto Beach. 

3 (B) CONDITIONS ON SECOND BEACH TRAIL

4 AND ACCESS.—Certain Quileute Reservation 

5 land along the boundary between the Park and 

6 the southern portion of the Reservation, encom7 passing the Second Beach trailhead, parking 

8 area, and Second Beach Trail, shall be subject 

9 to a conservation and management easement, 

10 as well as any other necessary agreements, 

11 which shall implement the following provisions: 

12 (i) The Tribe shall allow Park officials 

13 and visitors to park motor vehicles at the 

14 Trail parking area existing on the date of 

15 enactment of this Act and to access the 

16 portion of the Trail located on Tribal 

17 lands, and the Park shall be responsible 

18 for the costs of maintaining existing park19 ing access to the Trail. 

20 (ii) The Tribe shall grant Park offi21 cials and visitors the right to peacefully 

22 use and maintain the portion of the Trail 

23 that is on Tribal lands, and the Park shall 

24 be responsible for maintaining the Trail 

25 and shall seek advance written approval 


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1 from the Tribe before undertaking any 

2 major Trail repairs. 

3 (iii) The Park officials and the Tribe 

4 shall conduct joint planning and coordina5 tion regarding any proposed relocation of 

6 the Second Beach trailhead, the parking 

7 lot, or other portions of the Trail. 

8 (iv) The Tribe shall avoid altering the 

9 forested landscape of the Tribe-owned 

10 headlands between First and Second 

11 Beach in a manner that would adversely 

12 impact or diminish the aesthetic and nat13 ural experience of users of the Trail. 

14 (v) The Tribe shall reserve the right 

15 to make improvements or undertake activi16 ties at the Second Beach headlands that 

17 are reasonably related to enhancing fish 

18 habitat, improving or maintaining the 

19 Tribe’s hatchery program, or alterations 

20 that are reasonably related to the protec21 tion of the health and safety of Tribe 

22 members and the general public. 

23 (vi) The Park officials, after consulta24 tion with the Tribe, may remove hazardous 

25 or fallen trees on the Tribal-owned Second 


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1 Beach headlands to the extent necessary to 

2 clear or safeguard the Trail, provided that 

3 such trees are not removed from Tribal 

4 lands. 

5 (vii) The Park officials and the Tribe 

6 shall negotiate an agreement for the de7 sign, location, construction, and mainte8 nance of a gathering structure in the Sec9 ond Beach headlands overlook for the ben10 efit of Park visitors and the Tribe, if such 

11 a structure is proposed to be built. 

12 (C) SOUTHERN LANDS EXEMPT.—All other 

13 land conveyed to the Tribe along the southern 

14 boundary of the Reservation under this section 

15 shall not be subject to any easements or condi16 tions, and the natural conditions of such land 

17 may be altered to allow for the relocation of 

18 Tribe members and structures outside the tsu19 nami and Quillayute River flood zones. 

20 (D) PROTECTION OF INFRASTRUCTURE.— 

21 Nothing in this Act is intended to require the 

22 modification of the parklands and resources ad23 jacent to the transferred Federal lands. The 

24 Tribe shall be responsible for developing its 

25 lands in a manner that reasonably protects its 


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1 property and facilities from adjacent parklands 

2 by locating buildings and facilities an adequate 

3 distance from parklands to prevent damage to 

4 these facilities from such threats as hazardous 

5 trees and wildfire. 

6 (i) EFFECT OF LAND CONVEYANCE ON CLAIMS.— 

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

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

9 and the placement of conveyed lands into trust for 

10 the benefit of the Tribe, any claims of the Tribe 

11 against the United States, the Secretary, or the 

12 Park relating to the Park’s past or present owner13 ship, entry, use, surveys, or other activities are 

14 deemed fully satisfied and extinguished upon a for15 mal Tribal Council resolution, including claims re16 lated to the following: 

17 (A) LAND ALONG QUILLAYUTE RIVER.— 

18 The lands along the sections of the Quillayute 

19 River, starting east of the existing Rialto Beach 

20 parking lot to the east line of Section 22. 

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

22 Federal or Tribal lands near Second Beach. 

23 (C) SOUTHERN BOUNDARY PORTIONS.— 

24 Portions of the Federal or Tribal lands on the 

25 southern boundary of the Reservation. 


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

2 shall create or extinguish claims of the Tribe relat3 ing to Rialto Beach. 

Æ 


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