(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 re-
tains the right to enforce its rules against visi-
tors for disorderly conduct, drug and alcohol use, 
use or possession of firearms, and other disrup-
tive behaviors. 
(C) MONITORING
OF
EASEMENT
CONDI-
TIONS.—The Park has the right, with prior no-
tice 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 sub-
section. 
(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 convey-
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ance, from Rialto Beach to the east line of Sec-
tion 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 ex-
pressly subjects the conveyance or author-
ized 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 rec-
reational, ceremonial, or treaty uses of the 
land provided that the Tribe adopts and en-
forces regulations permanently prohibiting 
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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 sov-
ereign 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 ac-
tivities 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 stabiliza-
tion, and flood control. The Tribe and the 
Park shall conduct joint planning and co-
ordination 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 rec-
reational uses, and the Tribe shall allow the 
public to use and access the Dickey River, 
and Quillayute River along the north bank, 
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regardless 
of 
future 
changes 
in 
the 
Quillayute River or Dickey River align-
ment. 
(viii) Park officials and visitors shall 
have access to, and shall be allowed to en-
gage in, activities on Tribal lands at Rialto 
Spit that are consistent with past rec-
reational uses, and the Tribe shall have ac-
cess 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, encom-
passing 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 por-
tion of the Trail located on Tribal lands, 
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and the Park shall be responsible for the 
costs of maintaining existing parking access 
to the Trail. 
(ii) The Tribe shall grant Park offi-
cials and visitors the right to peacefully use 
and maintain the portion of the Trail that 
is on Tribal lands, and the Park shall be re-
sponsible 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 coordina-
tion 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 expe-
rience 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 rea-
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sonably 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 consulta-
tion 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 condi-
tions, and the natural conditions of such land 
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may be altered to allow for the relocation of 
Tribe members and structures outside the tsu-
nami and Quillayute River flood zones. 
(D) PROTECTION
OF
INFRASTRUCTURE.— 
Nothing in this Act is intended to require the 
modification of the parklands and resources ad-
jacent 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 locat-
ing buildings and facilities an adequate distance 
from parklands to prevent damage to these facili-
ties 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 reso-
lution, including claims related to the following: 
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(A) LAND ALONG QUILLAYUTE RIVER.—The 
lands along the sections of the Quillayute River, 
starting east of the existing Rialto Beach park-
ing 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.—Por-
tions of the Federal or Tribal lands on the south-
ern 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 Regu-
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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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