H. R. 1162
To provide the Quileute Indian Tribe Tsunami and Flood Protection,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 17, 2011
Mr. DICKS introduced the following bill; which was referred to the Committee
on Natural Resources
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
(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;
(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;
(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; and
(F) to add 4,100 acres of wilderness to the Park.
(c) Designation of Additional National Park System Land in Olympic National
Park as Wilderness or Potential Wilderness-
(1) DESIGNATION- In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following lands within Olympic National Park in the State of
Washington are designated as wilderness or potential wilderness and incorporated
in the Olympic Wilderness designated by section 101(a) of Public Law 100-668
(102 Stat. 3961):
(A) Certain Federal land comprising approximately 4,100 acres as generally
depicted on the Map entitled `Wilderness Boundary--Lake Crescent Addition,
Olympic National Park, Washington', numbered 149/60,471a, and dated May
2010, is hereby designated as wilderness. The boundary along Lake Crescent
shall be set back a sufficient distance to allow management of the historic
World War I Spruce Railroad grade as the Olympic Discovery Trail, and
to allow for operation and maintenance of the existing county road. The
World War II Pyramid Peak lookout shall be included in the wilderness
and be managed and maintained as a historic structure.
(B) Certain Federal land comprising approximately 11 acres as generally
depicted on the Map entitled `Wilderness Boundary--Boulder Creek Addition,
Olympic National Park, Washington', numbered 149/60,470, and dated May
2009, is hereby designated as a potential wilderness addition.
(2) MANAGEMENT- Except as provided in paragraph (3), and subject to valid
existing rights, the Secretary shall manage each area designated as wilderness
or potential wilderness in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), except that any reference in the Wilderness Act to the effective
date of the Wilderness Act shall be considered to be a reference to the
date of enactment of this Act.
(3) ECOLOGICAL RESTORATION- For purposes of ecological restoration (including
the elimination of nonnative species, removal of decommissioned roads, and
any other activity necessary to restore the natural ecosystems in the potential
wilderness area) and construction of a foot/stock trail, the Secretary may
use motorized equipment and mechanized transport in the potential wilderness
area until the date on which the potential wilderness area is incorporated
into the Olympic Wilderness, whereupon wilderness minimum requirement practices
shall be implemented in accordance with the Wilderness Act.
(4) BOULDER CREEK ADDITION WILDERNESS DESIGNATION- The Boulder Creek Addition,
consisting of the Boulder Creek Trail and the Boulder Creek campground potential
wilderness area, approximately 15 acres as shown on the Map titled `Wilderness
Boundary--Boulder Creek Addition, Olympic National Park, Washington', numbered
149/60,470, and dated May 2009, shall be designated as wilderness and incorporated
in the Olympic Wilderness on the date on which the Secretary publishes notice
in the Federal Register that conditions in the potential wilderness areas
that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have
(5) MAP AND LEGAL DESCRIPTION-
(A) SUBMISSION OF MAP AND LEGAL DESCRIPTION- As soon as practicable, after
the date of enactment of this section, the Secretary shall file a map
and legal description of each area designated as wilderness and potential
wilderness by this subtitle with--
(i) the Senate Committee on Energy and Natural Resources; and
(ii) the House Committee on Natural Resources.
(B) FORCE AND EFFECT- The map and legal description filed under subparagraph
(A) shall have the same force and effect as if included in this subtitle,
except that the Secretary may correct any clerical or typographical errors
in the map or legal description.
(C) PUBLIC AVAILABILITY- The map and legal description filed under subparagraph
(A) shall be on file and available for public inspection in the Office
of the Secretary.
(d) 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
(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.
(e) 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.
(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.
(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.
(g) Jurisdiction- The land conveyed to the Tribe by this section shall be
designated as part of the Quileute Reservation and placed in the following
(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 (h) 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.
(h) Grant of Easement in Connection With Land Conveyance-
(1) EASEMENT REQUIRED- The conveyances under subsection (d)(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 (e) LAND- The non-Federal land owned by the
Tribe and being placed into trust by the Secretary in accordance with subsection
(e) 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 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
(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
(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
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
(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.
(i) 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 resolution, including claims related to the
(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
(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.