[112th Congress Public Law 97]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 257]]
Public Law 112-97
112th Congress
An Act
To provide the Quileute Indian Tribe Tsunami and Flood Protection, and
for other purposes. <<NOTE: Feb. 27, 2012 - [H.R. 1162]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: Washington. 16 USC 251 note, 1132
note.>> 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 of Washington.
(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;
[[Page 126 STAT. 258]]
(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;
and
(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.
(c) 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 the Secretary.
(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.
(d) 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.
(e) Map Requirements.--
(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.
[[Page 126 STAT. 259]]
(2) Revised map. <<NOTE: Deadline.>> --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.
(f) Jurisdiction. <<NOTE: Designation.>> --The land conveyed to the
Tribe by this section shall be designated as part of the Quileute
Reservation and placed in the following jurisdictions:
(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 (g)
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.
(g) Grant of Easement in Connection With Land Conveyance.--
(1) Easement required.--The conveyances under subsection
(c)(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 (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
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
[[Page 126 STAT. 260]]
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 corridor.
(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. <<NOTE: Plans.>> The Tribe and the Park
shall conduct joint planning and coordination for
Quillayute River restoration projects, including
streambank stabilization and flood control.
(vii) <<NOTE: Accessibility.>> 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 River alignment.
(viii) <<NOTE: Accessibility.>> 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) <<NOTE: Maintenance.>> 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
[[Page 126 STAT. 261]]
lands, and the Park shall be responsible for the
costs of maintaining existing parking access to
the Trail.
(ii) <<NOTE: Maintenance. Approval.>> 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) <<NOTE: Plans.>> 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 the Trail.
(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) <<NOTE: Contracts.>> 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.
(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,
[[Page 126 STAT. 262]]
entry, use, surveys, or other activities are deemed fully
satisfied and extinguished upon a formal Tribal Council
resolution, including claims related to the following:
(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 Beach.
(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.
(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 Regulatory Act (25 U.S.C. 2701 et seq.).
Approved February 27, 2012.
LEGISLATIVE HISTORY--H.R. 1162:
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HOUSE REPORTS: No. 112-387 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Feb. 6, considered and passed House.
Feb. 13, considered and passed Senate.
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