A bill to declare that certain lands be held in trust for the Quinault Indian Nation, and for other purposes.
PL 100-638 (S.2752), enacted 11/08/1988

PUBLIC LAW 100-638—NOV. 8, 1988 
102 STAT. 3327 
Public Law 100-638 
100th Congress 
An Act 
To declare that certain lands be held in trust for the Quinault Indian Nation, 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. EXPANSION OF QUINAULT INDIAN RESERVATION. 
The Quinault Indian Reservation is hereby expanded to include 
those lands consisting of more or less eleven thousand nine hundred 
and five acres and generally depicted on the map entitled, "North 
boundary expansion, Quinault Indian Nation", numbered 88-S2752-
1 and dated, September 23,1988, which shall be on file and available 
for public inspection in the offices of the Chief, Forest Service, and 
of the Assistant Secretary for Indian Affairs, Department of the 
Interior, and of the tribal offices of the Quinault Indian Nation. The 
boundary of the Olympic National Forest is hereby modified as 
depicted on the map referred to in this section. 
SEC. 2. QUINAULT SPECIAL MANAGEMENT AREA. 
The Secretary of Agriculture shall— 
(a) manage those Federal lands within the boundaries of the 
Olympic National Forest consisting of more or less five thou-
sand four hundred and sixty acres and generally depicted on the 
map entitled "Quinault Special Management Area" numbered 
88-S2752-2 and dated, September 23, 1988, which shall be on 
file and available for public inspection in the offices of the 
Chief, Forest Service, and of the Assistant Secretary for Indian 
Affairs, Department of the Interior, and of the tribal offices of 
the Quinault Indian Nation in a manner consistent with sec-
tion 3; and 
(b) shall distribute the proceeds from the sale of forest prod-
ucts on lands referred to in subsection (a) as provided in sec-
tion 4. 
SEC. 3. ADMINISTRATION OF LANDS. 
(a) All right, title, and interest in lands owned by the United 
States and administered by the United States Forest Service and 
referred to in section 1, shall hereafter— 
(1) be administered by the Secretary of the Interior; and 
(2) be held in trust by the United States for the Quinault 
Indian Nation and to be part of the Quinault Indian Reser-
vation. 
(b) All right, title, and interest in lands which are owned by the 
United States and administered by the United States Forest Service 
which are referred to in section 2 shall remain in the United States 
and, except as provided in section 4, shall continue to be adminis-
tered by the United States Forest Service accordance with all laws, 
rules and regulations applicable to the national forests. 
Nov. 8, 1988 
[S. 2752] 
Public 
information. 
Public 
information. 
Forests and 
forest products. 
102 STAT. 3328 
PUBLIC LAW 100-638—NOV. 8, 1988 
Washington. 
National Forest 
System. 
(c) The rights of the Quinault Indian Nation to revenues under 
subsection (b) of section 4 shall not affect the management of these 
lands nor create a trust or fiduciary duty on the Secretary of 
Agriculture with respect to such management beyond that which 
the Secretary may have under existing law. 
SEC. 4. RECEIPTS FROM NATIONAL FOREST SYSTEM LANDS. 
(a) Notwithstanding any other provision of law, the Secretary of 
Agriculture shall, without further appropriations, receive from the 
gross proceeds from the sale of forest products from lands referred to 
in section 2 a reasonable fee not to exceed 10 per centum for prepara-
tion and administration of timber sales from such lands. 
(b) Nothwithstanding the requirements of the Act of March 4, 
1907 (16 U.S.C. 499), concerning moneys received from revenues 
generated from the national forests into the Treasury of the United 
States, moneys received from the lands referred to in section 2 shall 
be distributed in the following manner: 
(1) 45 per centum of all moneys received during any fiscal 
year from said land shall be paid into the account referred to in 
section 8; and 
(2) 45 per centum of all moneys received during any fiscal 
year from said lands shall be paid to the State of Washington 
pursuant to the Act of May 23, 1908 (C. 192, 35 Stat. 251 as 
amended; 16 U.S.C. 500). 
SEC. 5. LIMITATIONS ON TIMBER HARVEST. 
(a) The Secretary of the Interior shall not approve any sale of 
unprocessed timber from lands referred to in section 1 which will be 
exported from the United States, or which will be used as a sub-
stitute for timber from private lands which is exported by the 
purchaser: Provided, That this limitation shall not apply to specific 
quantities of grades and species of timber which the Secretary 
determines are surplus to domestic lumber and plj^wood manufac-
turing needs. 
(b) In addition to restrictions referred to in subsection (a), the 
Secretary of the Interior shall— 
(1) limit the sale of timber from the lands referred to in 
section 1 to a quantity equal to or less than a quantity which 
can be removed from such lands annually in perpetuity on a 
long term sustained-yield basis: Provided, That in order to meet 
overall multiple-use objectives, the Secretary may establish an 
allowable quantity for any decade which departs from the 
projected long-term average sale quantity that would otherwise 
be established. In addition, within any decade, the Secretary 
may sell a quantity in excess of the annual allowable sale 
quantity established pursuant to this section so long as the 
average sale quantity of timber over the decade covered does 
not exceed such quantity limitation; and 
(2) administer all timber and forest products sold from the 
lands referred to in section 1 in accordance with the conditions 
of the Policy Statement for the Grays Harbor sustained yield 
unit as defined and administered by the Secretary of Agri-
culture as long as such policy statement remains in effect. 
SEC. 6. EXISTING RIGHTS-OF-WAY AND OTHER INTERESTS. 
The Secretary of Agriculture shall reserve permanent easements 
for the purpose of continuing access, including public access, to 
PUBLIC LAW 100-638—NOV. 8, 1988 
102 STAT. 3329 
National Forest Systems lands on Forest Service roads numbered 21, 
2110, 2120, 2130, 2140, 2190, 2191, and all numbered extensions or 
segments thereof. Such easements shall be in a form acceptable to 
the Secretary of Agriculture, including provisions for cooperative 
maintenance. 
SEC. 7. ACCESS TO LANDS. 
(a) The Secretary of the Interior shall allow such additional rights-
of-way through lands referred to in section 1 as the Secretary of 
Agriculture, in consultation with the Secretary of the Interior and 
the Quinault Indian Nation, considers necessary to provide access to 
and management of National Forest System lands, including public 
access. Such rights-of-way shall be located in such manner as the 
Secretary of the Interior, in consultation with the Secretary of 
Agriculture and the Quinault Indian Nation, determines to be 
appropriate. 
(b) The Secretary of Agriculture shall allow such rights-of-way 
through National Forest System lands as the Secretary of the 
Interior, in consulation with the Secretary of Agriculture and the 
Quinault Indian Nation, considers necessary to provide access to 
lands referred to in section 1. Such rights-of-way shall be located in 
such a manner as the Secretary of Agriculture, in consultation with 
the Secretary of the Interior and the Quinault Indian Nation 
deterimines to be appropriate. 
SEC. 8. USE OF TIMBER SALE PROCEEDS. 
The Secretary of the Interior shall maintain a segregated account 
and shall deposit in such account all funds derived from the sale of 
unprocessed timber from the lands referred to in section 1. The 
Secretary shall make such funds available only for— 
(a) costs incurred by the Quinault Indian Nation for the 
preparation and administration of timber sales, including road 
construction and maintenance on such lands; 
(b) the mitigation of any adverse environmental impacts from 
timber harvest activities on such lands; 
(c) reforestation of any lands referred to in section 1 or any 
other lands within the external boundaries of the Quinault 
Indian Reservation: Provided, That nothing herein shall allow 
the Secretary of the Interior to substitute these funds for other 
appropriated funds or for forest management deductions, funds 
presently available for reforestation; or 
(d) for the purchase from willing sellers by the Quinault 
Indian Nation of any lands or interests in lands within the 
external boundaries of the Quinault Indian Reservation and 
any costs incurred by the Quinault Indian Nation incident 
thereto. 
SEC. 9. SAVINGS PROVISIONS. 
Nothing in this Act is intended to affect or modify— 
(a) the proportional distribution shares of the respective coun-
ties of receipts from the sale of timber in the remaining lands of 
the Oljmipic National Forest; 
National Forest 
System. 
Environmental 
protection. 
102 STAT. 3330 
PUBLIC LAW 100-638—NOV. 8, 1988 
(b) any property rights which may exist within the exterior 
boundaries of the Quinault Indian Reservation as it existed 
prior to enactment of this Act; and 
(c) any valid existing rights-of-way, leases or permits of the 
Secretary of Agriculture or any person or entity in any of the 
lands referred to in section 1. 
Approved November 8, 1988. 
LEGISLATIVE HISTORY—S. 2752 (H.R. 5203): 
HOUSE REPORTS: No. 100-1033, Pt. 1 accompanying H.R. 5203 (Comm. on Interior 
and Insular Affairs). 
SENATE REPORTS: No. 100-582 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 3, 4, H.R. 5203 considered and failed House. 
Oct. 7, S. 2752 considered and passed Senate. 
Oct. 19, considered and passed House. 
o