To provide for a land exchange with the city of Tacoma, Washington.
PL 102-436 (H.R.4489), enacted 10/23/1992

PUBLIC LAW 102-436—OCT. 23, 1992 
106 STAT. 2217 
Public Law 102-436 
102d Congress 
An Act 
To provide for a land exchange with the city of Tacoma, Washington. 
Oct. 23, 1992 
[H.R. 4489] 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled. 
Conservation. 
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16 use 251 
TITLE I—LAND EXCHANGE WITH CITY OF TACOMA, 
"°^ 
WASHINGTON 
SEC. 101. LAND EXCHANGE. 
(a) IN GENERAL.—(1) If the city of Tacoma, Washington, in 
a manner consistent with this title, ofTers to transfer to the United 
States the lands identified in paragraph (2) in exchange for the 
lands described in paragraph (3), the Secretary of the Interior 
(hereafter in this title referred to as the "Secretary") shall carry 
out such exchange as soon as is reasonably possible. 
(2) The lands to be conveyed to the United States by the 
city of Tacoma are approximately 45 acres owned by the State 
of Washington Department of Natural Resources located in the 
Soleduck and Quiieute areas within the authorized boundary of 
Olympic National Park. 
(3) The lands to be conveyed to the city of Tacoma are approxi-
mately 30 acres of land a4jacent to Lake Cushman identified as 
lands to be transferred to the city of Tacoma as depicted on the 
map entitled "Proposed Boxmdary Revision Olympic National Park" 
ana dated July 29, 1991. Such map, and a legal description of 
the lands to be conveyed to the city of Tacoma, shall be on file 
and available for public inspection with the Director of the National 
Park Service, Department of the Interior. 
(b) CONDITIONS.—(1) Any exchange of lands pursuant to this 
title shall occur only if— 
(A) the city of Tacoma demonstrates to the satisfaction 
of the Secretary that the city of Tacoma is able to deliver 
to the United States clear and imencumbered title to the lands 
identified in subsection (a)(2), and that after such exchange 
there will be no legal impediment to the management of such 
lands as part of Olympic National Park under all provisions 
of law applicable to Olympic National Park; 
(B) tne Secretary is reasonably satisfied that an environ-
mental review of the Cushman Project (No. 460) sufficient 
to meet the requirements of law has been initiated; 
(C) the citv of Tacoma has entered into an enforceable 
agreement witn the Secretary which provides that lands 
acquired by the city of Tacoma through an exchange under 
this title will be managed in a manner consistent with the 
management of those same lands during the time such lands 
were managed by the National Park Service; and 
(D) the city of Tacoma offers, in good faith, to negotiate 
with the Skokomish Tribe regarding the impact of the Cushman 
Project on fish, wildlife, estuary, and cultural resources, and 
106 STAT. 2218 
PUBLIC LAW 102-436—OCT. 23, 1992 
to fund appropriate studies concerning such impacts (to be 
jointly administered by the city and the Tribe), to the extent 
that further information is needed to facihtate such negotiations 
and such information is reasonably obtainable. 
(2) The land exchange authorized by this section shall be subject 
to the laws and regulations applicable to exchanges involving lands 
managed by the Secretary as part of the National Park System. 
SEC. 102. BOUNDARY ADJUSTMENT. 
At the same time that the Secretary exchanges lands pursuant 
to this title, the Secretary shall adjust the boundaries of Olympic 
National Park in the manner depicted on the map referenced in 
section 101(aX3) so as to exclude from such unit of the National 
Park System the lands transferred to the city of Tacoma by the 
Secretary pursuant to such exchange. 
SEC. 103. ADDITIONAL PROVISIONS. 
Nothing in this title shall be construed— 
(1) as approval or disapproval of any reservoir operating 
level for the Cushman Reservoir which, after a boundary adjust-
ment under section 102, would not inundate any lands within 
any unit of the National Park System; 
(2) to limit the right or ability of any party, including 
any Indian tribe and Federal Agency, to fully participate as 
intervenors or otherwise in any process relating to the Cushman 
Project (No. 460); or 
(3) as limiting or otherwise aCTecting any rights by treaty, 
executive order, or Federal law of the Skokomish Tribe or 
any other Indian tribe, including (but not limited to) rights 
related to fishing or the use of water. 
TITLE II—OLYMPIC EXPERIMENTAL STATE FOREST 
SEC. 201. PURPOSE. 
The purpose of this title is to assist the experimental manage-
ment and research program being conducted by the State of 
Washington on Stete-owned trust lands on the western Olympic 
Peninsula in order to contribute to the conservation of the northern 
spotted owl, old growth ecosystems and fishery resources and to 
provide for a susteinable supply of timber and trust income in 
a manner that is consistent with these conservation objectives. 
SEC. 202. DEFINITIONS. 
For purposes of this title: 
(1) The term "conservation" means the use of all methods 
and procedures which are necessary to bring any endangered 
species or threatened species to the point at which the measures 
provided by the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) are no longer necessary. Such measures and 
procedures include, but are not limited to, all activities associ-
ated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given 
ecosystem cannot be otherwise relieved, may include regulated 
taking. 
PUBLIC LAW 102-436—OCT. 23, 1992 
106 STAT. 2219 
(2) The term "Secretary" means the Secretary of the 
Interior acting through the Director of the United States Fish 
and Wildlife l^rvice. 
SEC. 203. MANAGEMENT AND RESEARCH PLAN FOR THE OLYMPIC 
STATE EXPERIMENTAL FOREST. 
(a) PLAN DEVELOPMENT.—^The State of Washington may develop 
and submit to the Secretary of the Interior a management and 
research plan for the Olympic Experimental State Forest that— 
(1) is based upon the recommendations of the Commission 
on Old Growtii Alternatives for Washington's Forest Trust 
Lands contained in the Jime 1989 final report of the Commis-
sion; 
(2) is developed by the State land management agency 
in consultation with the State wildlife agency and the Oljrmpic 
Natural Resources Center or a comparable research institution: 
Provided, however. That the research components of the plan 
shall be developed jointly by the State land management agency 
and the Oljnnpic Natural Resources Center or a comparable 
research institution and in consultation with the State wildlife 
agency; 
(3) provides for the close integration of research and 
management in the plan, and 
(4) shall be accompanied by a draft of the detailed state-
ment on the proposed actions under the plan required by section 
102(2Xc) of the National Environmental Policy Act of 1969 
(42U.S.C.4332(2XC)). 
(b) PLAN CONTENTS.—(1) The plan shall provide for the con-
servation of the northern spotted owl on the Olympic Experimental 
State Forest and reflect scientifically soimd ecosystem management 
principles designed to contribute to the conservation of fisheries, 
other sensitive species and the ecology of the forest generally. 
(2) The plan shall contain the following elements: 
(A) A framework for coordinated decisionmaking for 
implementing the plan among the State land management 
agency, the State wildlife agency and the Olympic Natural 
Resources Center or a comparable research institution. 
(B) A detailed description of the individual elements of 
the management and research plan; the process for implement-
ing and funding the plan and an allocation of responsibilities 
for plan implementation and enforcement. 
(C) Findings of the State wildlife agency about the extent 
to which the plan will achieve the objectives in paragraph 
(1). 
SEC. 204. PLAN REVIEW AND APPROVAL. 
(a) PLAN REVIEW.—^Upon submission of the management and 
research plan for the Oljrmpic Experimental State Forest under 
section 203(a), the Secretary shall determine whether the plan— 
(1) provides for the conservation of the northern spotted 
owl in the experimental forest; and 
(2) is consistent with the final northern spotted owl recov-
ery plan as it applies to the Oljrmpic Peninsula or, in the 
absence of a final recovery plan, the draft northern spotted 
owl recovery plan dated April 1992 as it applies to the Oljnnpic 
Peninsula. 
(b) REVIEW AND PUBUC COMMENT.—The Secretary shall after 
notice and public comment complete the review of the management 
Wildlife. 
Wildlife. 
106 STAT. 2220 
PUBLIC LAW 102-436—OCT. 23, 1992 
and research plans within 90 days after the submission of the 
plan and supporting documentation by the State of Washington 
under section 203(a) or within such other period of time as is 
mutually agreeable to the Secretary and the State of Washington. 
(c) APPROVAL.—^If the Secretary determines that the manage-
ment and research plan for the Olympic Experimental State Forest 
meets the standards of subsection (a), the Secretary shall approve 
the plan and so notify the State. 
(d) RELATIONSHIP TO OTHER LAW.—If the State authorities 
identified by the plan as responsible for implementing it comply 
with their obligations imder the approved plan, any activity con-
ducted pursuant to it in the Ol3mipic Experimental State Forest 
shall not be considered a prohibited taking of the northern spotted 
owl imder the Endangered Species Act of 1973 (16 U.S.C. 1531 
et seq.). 
Approved October 23, 1992. 
LEGISLATIVE HISTORY—H.R. 4489 (S. 2353): 
HOUSE REPORTS: No. 102-946 (Ck)mm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 102-465 accompanying S. 2353 (Comm. on Energy and 
Natural Resources). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Sept. 29, considered and passed House. 
Oct. 7, considered and passed Senate. 
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